Florida Regulations 40D-3.051: Exemptions
Current as of: 2024 | Check for updates
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(1) The following wells are exempt from the requirements of Fl. Admin. Code R. 40D-3.041:
(a) Wells exempted under Florida Statutes § 373.303(7)
(b) Wells used for the purpose of temporary dewatering of subsurface formations for construction, mining or quarrying purposes for a period of less than 6 months.
(c) Wells two inches or less in diameter and less than 20 feet in depth used for no more than ten days for the purpose of obtaining shallow soil or water information.
(2) In emergency situations when compliance with the requirements of Florida Statutes Chapter 373, Part III, or Fl. Admin. Code Chapter 40D-3, will result in undue hardship, incluing those situations when an unexpected problem is encountered during the construction, repair or abandonment of a well, the Executive Director, or the Executive Director’s deignee, shall authorize an exemption, 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.
(3) Qualifying for one of the above exemptions does not relieve the applicant from obtaining any other applicable permits required by law or District rule.
Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.313, 373.316, 373.326 FS. History-New 10-5-74, Formerly 16J-3.13, Amended 7-1-90, 9-30-91, 12-31-92, 8-24-99.
(b) Wells used for the purpose of temporary dewatering of subsurface formations for construction, mining or quarrying purposes for a period of less than 6 months.
(c) Wells two inches or less in diameter and less than 20 feet in depth used for no more than ten days for the purpose of obtaining shallow soil or water information.
(2) In emergency situations when compliance with the requirements of Florida Statutes Chapter 373, Part III, or Fl. Admin. Code Chapter 40D-3, will result in undue hardship, incluing those situations when an unexpected problem is encountered during the construction, repair or abandonment of a well, the Executive Director, or the Executive Director’s deignee, shall authorize an exemption, 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.
(3) Qualifying for one of the above exemptions does not relieve the applicant from obtaining any other applicable permits required by law or District rule.
Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.313, 373.316, 373.326 FS. History-New 10-5-74, Formerly 16J-3.13, Amended 7-1-90, 9-30-91, 12-31-92, 8-24-99.