Section 40C-1.1010 - Emergency Well Construction Permits(1) Emergency well construction permits shall be issued by the executive director or his 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;(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources; or(d) A serious set of unforeseen circumstances occurs which creates the emergency.(2) If chapter 40C-2, F.A.C., Consumptive Use, 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 Consumptive Use Permit (C.U.P.) has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the C.U.P.(3) The applicant for an emergency permit shall submit the application and fee in accordance with rule 40C-3.101, F.A.C., along with any other requested information within one business day after making oral application.(4) Rule 40C-3.411 and part II of chapter 40C-3, F.A.C., shall apply to all construction performed under an emergency permit.Fla. Admin. Code Ann. R. 40C-1.1010
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.313, 373.335, 373.342 FS.
New 10-14-84, Formerly 40C-3.451, 40C-3.0451, Amended 9-17-89, Formerly 40C-3.451, Amended 8-4-98.New 10-14-84, Formerly 40C-3.451, 40C-3.0451, Amended 9-17-89, Formerly 40C-3.451, Amended 8-4-98.