Florida Regulations 40D-1.1022: Emergency Authorizations for Activities Regulated Under Part III Chapter 373, F.S.
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(1) Emergency well construction permits shall be issued by the Executive Director or the Executive Director’s 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; or
(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources.
(2) If Fl. Admin. Code Chapter 40D-2, Consumptive Use of Water, 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 WUP has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the WUP.
(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rule 40D-3.101 and subsection 40D-1.607(7), F.A.C., along with any other requested information within 48 hours after making oral application.
(4) Fl. Admin. Code R. 40D-3.411, shall apply to all construction performed under an emergency permit.
(5) In emergency situations when compliance with the requirements of Part III of Florida Statutes Chapter 373, or Fl. Admin. Code Chapter 40D-3, will result in undue hardship when an unexpected problem is encountered during the construction, repair or abandonment of a well, the Executive Director or the Executive Director’s designee, shall authorize an exemption to the extent provided in Florida Statutes § 373.326(1), by telephone, from the conditions required by a permit or rule requirements for a well. A Well Completion Report documenting the exemption must be submitted to the District in writing within 30 days of completion.
Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171, 373.308, 373.309 FS. Law Implemented 120.54(5), 373.306, 373.308, 373.309, 373.313, 373.342 FS. History-New 10-5-74, Formerly 16J-3.12, Amended 7-1-90, 9-30-91, Formerly 40D-3.451, Amended 7-2-98, 6-17-99, 6-29-14.
Terms Used In Florida Regulations 40D-1.1022
- 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; or
(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources.
(2) If Fl. Admin. Code Chapter 40D-2, Consumptive Use of Water, 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 WUP has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the WUP.
(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rule 40D-3.101 and subsection 40D-1.607(7), F.A.C., along with any other requested information within 48 hours after making oral application.
(4) Fl. Admin. Code R. 40D-3.411, shall apply to all construction performed under an emergency permit.
(5) In emergency situations when compliance with the requirements of Part III of Florida Statutes Chapter 373, or Fl. Admin. Code Chapter 40D-3, will result in undue hardship when an unexpected problem is encountered during the construction, repair or abandonment of a well, the Executive Director or the Executive Director’s designee, shall authorize an exemption to the extent provided in Florida Statutes § 373.326(1), by telephone, from the conditions required by a permit or rule requirements for a well. A Well Completion Report documenting the exemption must be submitted to the District in writing within 30 days of completion.
Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171, 373.308, 373.309 FS. Law Implemented 120.54(5), 373.306, 373.308, 373.309, 373.313, 373.342 FS. History-New 10-5-74, Formerly 16J-3.12, Amended 7-1-90, 9-30-91, Formerly 40D-3.451, Amended 7-2-98, 6-17-99, 6-29-14.