Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-1 - PROCEDURAL
Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE
Subpart A - VARIANCE OR WAIVER
Section 40D-1.1001 - Variances from Water Well Construction Rules

(1) The District finds that in certain cases compliance with the requirements of Chapter 40D-3, F.A.C., may result in an undue hardship in the construction, repair, modification or abandonment of wells.

(2) Any affected person may request a variance from any part of Chapter 40D-3, F.A.C., for an individual well by making written request which must include those specific requirements from which a variance is requested, any alternate or substitute methods or conditions considered appropriate, and reasons why the variance is considered necessary. When submitting an abandonment plan as part of a variance request to the District, the contractor shall supply any available logs, including but not limited to caliper, natural gamma and lithologic logs of the hole.

(3) The Executive Director or his designee shall grant a variance if the request is not contrary to accepted public health and sanitary engineering practices and will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.

(4) Upon issuance of a variance, the District shall impose such special conditions as may be necessary to protect the intent and purpose of Chapter 373, Part III, F.S., and this chapter.