Florida Regulations 40C-3.051: Exemptions
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The following wells are exempt from the requirements of Fl. Admin. Code R. 40C-3.041
(1) Existing wells exempted by Florida Statutes § 373.316
(2) The wells exempted under Florida Statutes § 373.303(7) This exemption does not relieve the applicant from obtaining any permits which may be required under Chapters 40C-2 (Consumptive Use), 40C-4 (Surface Water Management), 40C-40 (General Surface Water Management Permits), 40C-44 (Agricultural Surface Water Management Systems), or 62-330, F.A.C. (Environmental Resource Permitting).
(3) The construction, repair, or abandonment of a water well which is a nominal two inches or less inside diameter by an individual who is not a licensed contractor for his own private use on his own or leased property, provided the provisions of Florida Statutes § 373.326(2), are satisfied. The well must be constructed, repaired or abandoned in accordance with the standards of this chapter and the well completion report is submitted in accordance with Fl. Admin. Code R. 40C-3.411 This exemption does not apply to public water supply wells.
(4) A well constructed solely as a test hole or exploratory well as defined in subsection 40C-3.021(16), F.A.C.
(5) The construction, repair or abandonment of a water well with a nominal casing size of less than six inches by a licensed contractor, provided that a well completion report is submitted in accordance with subsection 40C-3.411(1), F.A.C., and that the well is constructed, repaired or abandoned in accordance with the standards of this chapter. This exemption from permitting requirements in Fl. Admin. Code R. 40C-3.041, does not apply to:
(a) Public water supply wells,
(b) Any non-potable well construction in an area delineated pursuant to Fl. Admin. Code Chapter 62-524,
(c) Any potable well requiring a permit pursuant to Fl. Admin. Code Chapter 62-524,
(d) Any water wells within jurisdictions to which the District has delegated authority pursuant to Fl. Admin. Code R. 40C-3.035, for water well construction for wells less than nominal well casing size of six inches.
(6) Wells intended for use as injection wells which have received a permit under Fl. Admin. Code Chapter 40C-5
(7) The construction, repair, and abandonment of a well with a nominal casing size of two inches or less in diameter, provided the well is less than 20 feet in depth and is used for no more than ten days for the purpose of obtaining shallow soil or water information. The well must be constructed, repaired or abandoned in accordance with the standards of this chapter and the well completion report is submitted in accordance with Fl. Admin. Code R. 40C-3.411 Due to the temporary nature and shallow depths of these types of monitoring wells, harm to the natural resources is not expected and the District finds an undue hardship would exist by requiring water well contractors to obtain permits for the construction, repair, and abandonment of such temporary wells.
Rulemaking Authority 373.044, 373.113, 373.171, 373.309 FS. Law Implemented 373.303, 373.308, 373.313, 373.316, 373.326 FS. History-New 10-14-84, Amended 12-5-85, Formerly 40C-3.051, 40C-3.0051, Amended 9-17-89, 3-10-97, 7-27-16.
(2) The wells exempted under Florida Statutes § 373.303(7) This exemption does not relieve the applicant from obtaining any permits which may be required under Chapters 40C-2 (Consumptive Use), 40C-4 (Surface Water Management), 40C-40 (General Surface Water Management Permits), 40C-44 (Agricultural Surface Water Management Systems), or 62-330, F.A.C. (Environmental Resource Permitting).
(3) The construction, repair, or abandonment of a water well which is a nominal two inches or less inside diameter by an individual who is not a licensed contractor for his own private use on his own or leased property, provided the provisions of Florida Statutes § 373.326(2), are satisfied. The well must be constructed, repaired or abandoned in accordance with the standards of this chapter and the well completion report is submitted in accordance with Fl. Admin. Code R. 40C-3.411 This exemption does not apply to public water supply wells.
(4) A well constructed solely as a test hole or exploratory well as defined in subsection 40C-3.021(16), F.A.C.
(5) The construction, repair or abandonment of a water well with a nominal casing size of less than six inches by a licensed contractor, provided that a well completion report is submitted in accordance with subsection 40C-3.411(1), F.A.C., and that the well is constructed, repaired or abandoned in accordance with the standards of this chapter. This exemption from permitting requirements in Fl. Admin. Code R. 40C-3.041, does not apply to:
(a) Public water supply wells,
(b) Any non-potable well construction in an area delineated pursuant to Fl. Admin. Code Chapter 62-524,
(c) Any potable well requiring a permit pursuant to Fl. Admin. Code Chapter 62-524,
(d) Any water wells within jurisdictions to which the District has delegated authority pursuant to Fl. Admin. Code R. 40C-3.035, for water well construction for wells less than nominal well casing size of six inches.
(6) Wells intended for use as injection wells which have received a permit under Fl. Admin. Code Chapter 40C-5
(7) The construction, repair, and abandonment of a well with a nominal casing size of two inches or less in diameter, provided the well is less than 20 feet in depth and is used for no more than ten days for the purpose of obtaining shallow soil or water information. The well must be constructed, repaired or abandoned in accordance with the standards of this chapter and the well completion report is submitted in accordance with Fl. Admin. Code R. 40C-3.411 Due to the temporary nature and shallow depths of these types of monitoring wells, harm to the natural resources is not expected and the District finds an undue hardship would exist by requiring water well contractors to obtain permits for the construction, repair, and abandonment of such temporary wells.
Rulemaking Authority 373.044, 373.113, 373.171, 373.309 FS. Law Implemented 373.303, 373.308, 373.313, 373.316, 373.326 FS. History-New 10-14-84, Amended 12-5-85, Formerly 40C-3.051, 40C-3.0051, Amended 9-17-89, 3-10-97, 7-27-16.