Proposed amendments to water-well related rules by St. Johns River Water Management District.

ad# 12201633 03/31/26
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
NOTICE OF INTENT TO AMEND/ADOPT RULES
The St. Johns River Water Management District (District) proposes to amend water-well related rules in chapters 40C- 1, 40C-2, and 40C-3, Florida Administrative Code (F.A.C.). The proposed amendments to chapter 40C- 1 would: (1) delete a reference to Chapter 40C-5, which was repealed in 2015 (in 40C-1.602(6)); and (2) update, clarify, or simplify criteria (and delegation) for variances from water well construction requirements (in 40C-1.1003). The proposed amendments to chapter 40C- 2 would: (1) delete a reference to the Statewide Multipurpose Hazardous Waste Facility Siting Act which has been repealed (in 40C-2.051(2)); (2) conform part of permit condition rule requiring a permanent identification tag at each withdrawal facility with recent changes to 40C-2.401(1), F.A.C. (in 40C-2.381(2)(a)8.); and (3) update address of one Service Center (in 40C-2.900(15)). The proposed amendments to chapter 40C- 3 would: (1) update the delegation of authority for the Executive Director to designate staff to carry out various tasks under Chapter 40C-3, F.A.C. (in 40C-3.0321); (2) incorporate by reference updated water well permitting delegation agreements between St. Johns River Water Management District (District) and Brevard County, City of Jacksonville, Indian River County, Marion County, Osceola County, and St. Johns County (in 40C-3.035); (3) incorporate by reference new water well permitting delegation agreements with Alachua County and Seminole County (in 40C-3.035); (4) incorporate by reference a new water well permitting delegation agreement with the Suwannee River Water Management District (Suwannee) regarding the small portion of Bradford County within the Districts boundary that is not currently regulated by Suwannee under Part III of Chapter 373, F.S. (in 40C-3.035); (5) add Department of State (DOS) links for several existing agreements referenced that currently lack a DOS link (in 40C-3.035); (6) incorporate references to standards and methods contained within rules of the Florida Department of Environmental Protection (DEP) that are incorporated within Chapter 40C-3 (in 40C-3.036); (7) update Districts address and telephone number for obtaining copies of incorporated materials (in 40C-3.036); (8) delete all references to Chapter 62-671, F.A.C., and rules within Chapter 62-671 (in 40C-3.036, 40C-3.411, 40C-3.502, 40C-3.517, and 40C-3.521); (9) clarify that wells, which supply water to public water systems not covered or included in the Florida Safe Drinking Water Act, are included in the category of Public Water Supply Well (in 40C-3.041(5)); (10) clarify requirements for wells constructed under section 373.326(2), F.S., and delete a reference to Chapter 40C-5 that was repealed in 2015 (in 40C-3.051); (11) update/clarify application requirements, including that a person with sufficient legal interest or control over the land or their agent must sign the permit application (in 40C-3.101); (12) update/clarify the conditions for issuance of a water well permit and clarify duration of permit (in 40C-3.301); (13) update inspection criteria and delete District offer to sell water well tags (in 40C-3.461); (14) incorporate general reference to Chapter 62-524, F.A.C., and references to setback requirements of 62-532.400(7) and (8), F.A.C. (in 40C-3.036 and 40C-3.502); (15) update and incorporate references to AWWA Standard C654-21, Section 4.3, guidelines for disinfection of filter or gravel pack materials, U.S. Environmental Protection Agency (EPA) EPA-570/9-75-001, Section 54.001-000-000, and EPA methods 601, 602 and 610 (in 40C-3.036 and 40C-3.512); (16) delete references to Chapters 62-550, 62-555, 62-560, 62-610, 62-761, 64E-8, and 64E-6, F.A.C. (in 40C-3.502); (17) add map of and reference the Picketville Landfill Special Construction Criteria Area located within Duval County, Florida (in 40C-3.502 and 40C-3.512); (18) add map of and reference the Fairbanks Special Construction Criteria Area located within Alachua County, Florida (in 40C-3.502 and 40C-3.512); (19) amend grouting and sealing rule to clarify grouting and sealing requirements for jetted wells, allow increased use of bentonite, clarify protection of monitoring wells, and allow use of bentonite chips or pellets for abandonment under specific conditions (in 40C-3.517); (20) clarify well seal requirements for a monitoring well (in 40C-3.521), and (21) clarify a water well contractors and property owners responsibility to plug an uncompleted or unsuitable well, and clarify a property owners responsibility to ensure that an abandoned well is plugged by a water well contractor (in 40C-3.531).
The above-listed rule amendment will be adopted (filed with the Department of State) no sooner than 14 days following publication of this notice and will be effective 20 days after filing. This notice is only a summary of the foregoing rule; a copy of the complete text of the rule amendment may be obtained by contacting Tom Mayton, Deputy General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177, (386) 329-4108, tmayton@sjrwmd.com, or by visiting the Districts website at https://www.sjrwmd.com/permitting/rule-development/.