Florida Regulations 40C-1.1010: Emergency Well Construction Permits
Current as of: 2024 | Check for updates
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(1) Emergency well construction permits shall be issued by the executive director or his designee when one of the following conditions exist which justifies the issuance:
(a) An existing well supplying a particular use has failed and must be immediately replaced;
(b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized without such authorization;
(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources; or
(d) A serious set of unforeseen circumstances occurs which creates the emergency.
(2) If chapter 40C-2, F.A.C., Consumptive Use, also applies to the well, an emergency permit may be issued only if, in addition to qualifying under subsection (1), above, an application for a Consumptive Use Permit (C.U.P.) has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the C.U.P.
(3) The applicant for an emergency permit shall submit the application and fee in accordance with Fl. Admin. Code R. 40C-3.101, along with any other requested information within one business day after making oral application.
(4) Rule 40C-3.411 and part II of chapter 40C-3, F.A.C., shall apply to all construction performed under an emergency permit.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.313, 373.335, 373.342 FS. History-New 10-14-84, Formerly 40C-3.451, 40C-3.0451, Amended 9-17-89, Formerly 40C-3.451, Amended 8-4-98.
Terms Used In Florida Regulations 40C-1.1010
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized without such authorization;
(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources; or
(d) A serious set of unforeseen circumstances occurs which creates the emergency.
(2) If chapter 40C-2, F.A.C., Consumptive Use, also applies to the well, an emergency permit may be issued only if, in addition to qualifying under subsection (1), above, an application for a Consumptive Use Permit (C.U.P.) has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the C.U.P.
(3) The applicant for an emergency permit shall submit the application and fee in accordance with Fl. Admin. Code R. 40C-3.101, along with any other requested information within one business day after making oral application.
(4) Rule 40C-3.411 and part II of chapter 40C-3, F.A.C., shall apply to all construction performed under an emergency permit.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.313, 373.335, 373.342 FS. History-New 10-14-84, Formerly 40C-3.451, 40C-3.0451, Amended 9-17-89, Formerly 40C-3.451, Amended 8-4-98.