Florida Regulations 40D-3.301: Conditions for Issuance of Permits
Current as of: 2024 | Check for updates
|
Other versions
(1) In order to obtain a water well construction, repair, modification or abandonment permit, an applicant must demonstrate compliance with the following conditions:
(a) The applicant shall have a current, valid water well contractor license from the State of Florida unless the permit is for a water well two (2) inches or less in diameter constructed by an individual for his own private use on his own or leased property as specified in Florida Statutes § 373.326(2)
(b) The applicant shall submit a permit application as specified by Fl. Admin. Code R. 40D-3.101
(c) The application must be complete and meet the requirements of Florida Statutes Chapter 373, and this chapter.
(d) A Water Use Permit, if applicable under Fl. Admin. Code Chapter 40D-2, shall have been obtained.
(e) The applicant shall not have overdue well completion reports.
(f) The proposed water well shall not adversely impact the water resource.
(2) The District shall impose on any permit issued under this chapter such reasonable conditions as are necessary to protect the water resource and assure that the permitted activity will be consistent with the overall objectives of the District. The District shall attach such conditions to the permit, and well construction, repair, modification or abandonment shall be performed accordingly. An applicant who believes that a condition is unreasonable or is not necessary to protect the water resource or to assure that the permitted activity is consistent with the District’s overall objectives, has the right to petition and be heard in an administrative hearing pursuant to Florida Statutes Chapter 120, regarding imposition of the condition.
Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.306, 373.308, 373.309, 373.313 FS. History-New 10-5-74, Formerly 16J-3.11(1)-(3), Amended 1-8-87, 7-1-90, 12-31-92, 7-2-98, 8-19-08.
(b) The applicant shall submit a permit application as specified by Fl. Admin. Code R. 40D-3.101
(c) The application must be complete and meet the requirements of Florida Statutes Chapter 373, and this chapter.
(d) A Water Use Permit, if applicable under Fl. Admin. Code Chapter 40D-2, shall have been obtained.
(e) The applicant shall not have overdue well completion reports.
(f) The proposed water well shall not adversely impact the water resource.
(2) The District shall impose on any permit issued under this chapter such reasonable conditions as are necessary to protect the water resource and assure that the permitted activity will be consistent with the overall objectives of the District. The District shall attach such conditions to the permit, and well construction, repair, modification or abandonment shall be performed accordingly. An applicant who believes that a condition is unreasonable or is not necessary to protect the water resource or to assure that the permitted activity is consistent with the District’s overall objectives, has the right to petition and be heard in an administrative hearing pursuant to Florida Statutes Chapter 120, regarding imposition of the condition.
Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.306, 373.308, 373.309, 373.313 FS. History-New 10-5-74, Formerly 16J-3.11(1)-(3), Amended 1-8-87, 7-1-90, 12-31-92, 7-2-98, 8-19-08.