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 C - EMERGENCY PERMIT AUTHORIZATIONS
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:

(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.