Florida Regulations 40E-0.111: Exemptions and Variances for Well Construction Permits
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(1) The board finds that compliance with all the requirements of Chapter 40E-3, Part I, F.A.C., may result in an undue hardship for the construction, repair or abandonment of certain wells.
(2) Any affected person may request an exemption from any or all of these rules for an individual well by making written request which must include those specific requirements for which an exemption is requested, any alternate or substitute methods or conditions considered appropriate, and reasons why the exemption is considered necessary.
(3) The District shall grant the exemption by way of a variance if the proposal is in accordance with accepted public health and sanitary engineering principles and practices and will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.
(4) If the request is for a variance from the requirement of obtaining a water use permit, the applicant must demonstrate that an application has been filed and a compelling necessity exists to commence the construction, repair or modification of a well while an application for a water use permit is pending. Issuance of the variance will not be evidence of any entitlement to the water use permit.
(5) Upon issuance of a variance the District shall impose such special conditions as may be necessary to protect the intent and purpose of Florida Statutes Chapter 373, Part III, and this chapter.
(6) The variance under this rule is provided in addition to the variance and waiver procedures set forth in Fl. Admin. Code R. 28-104, which implements Florida Statutes § 120.542
Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.54(5), 373.303, 373.308, 373.313, 373.316, 373.326 FS. History-New 9-2-98, Amended 6-12-00.
Terms Used In Florida Regulations 40E-0.111
- 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.
(3) The District shall grant the exemption by way of a variance if the proposal is in accordance with accepted public health and sanitary engineering principles and practices and will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.
(4) If the request is for a variance from the requirement of obtaining a water use permit, the applicant must demonstrate that an application has been filed and a compelling necessity exists to commence the construction, repair or modification of a well while an application for a water use permit is pending. Issuance of the variance will not be evidence of any entitlement to the water use permit.
(5) Upon issuance of a variance the District shall impose such special conditions as may be necessary to protect the intent and purpose of Florida Statutes Chapter 373, Part III, and this chapter.
(6) The variance under this rule is provided in addition to the variance and waiver procedures set forth in Fl. Admin. Code R. 28-104, which implements Florida Statutes § 120.542
Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.54(5), 373.303, 373.308, 373.313, 373.316, 373.326 FS. History-New 9-2-98, Amended 6-12-00.