Section 40D-1.1022 - Emergency Authorizations for Activities Regulated Under Part III Chapter 373, F.S(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 Chapter 40D-2, F.A.C., 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) Rule 40D-3.411, F.A.C., shall apply to all construction performed under an emergency permit.(5) In emergency situations when compliance with the requirements of Part III of Chapter 373, F.S., or Chapter 40D-3, F.A.C., 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 Section 373.326(1), F.S., 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.Fla. Admin. Code Ann. R. 40D-1.1022
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.
Readopted 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, Amended by Florida Register Volume 40, Number 117, June 17, 2014 effective 6/29/2014.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.