Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-3 - REGULATION OF WELLS
Section 40D-3.505 - Location

(1) Wells shall be located so as to not pose a threat of contamination to the water resource and to provide for the protection of the health, safety and welfare of the user.

(2) Minimum spacing between wells and sanitary hazards, including but not limited to, septic tanks, drain fields and ground water contamination areas, shall be as specified by Section 381.0065, F.S., and subsection 62-532.400(7), F.A.C. The District shall increase these distances if necessary to protect the health, safety and welfare of individuals who may be exposed to ground water contamination through ingestion, inhalation or dermal absorption.

(3) The District will deny a permit application to construct a water well if use of the well would increase the potential for harm to public health, safety and welfare, or if the proposed well would degrade the water quality of the aquifer by causing pollutants to spread.

(4) A variance from the above-specified restrictions may be obtained from the District as provided in Rule 40D-1.1001, F.A.C. The review of a variance request shall include an evaluation of the following criteria, as applicable: surface and ground water gradients, well location, withdrawal amount, well depth (including depth of casing), natural barriers, impermeable geological strata, water quality sampling, compliance with the requirements of Chapter 62-524, F.A.C., other grouting or protective well construction measures, and the use of treatment systems acceptable to the Department or Department of Health.

(5) Nothing in this section relieves an applicant of the responsibility to comply with the requirements of any other regulatory agency with jurisdiction over the applicant's activities.