Fla. Admin. Code R. 40A-3.502

Current through Reg. 50, No. 253; December 31, 2024

Section 40A-3.502 - Construction Methods

(1) Wells must be so constructed, cased, grouted, plugged, capped, or sealed as to prevent uncontrolled surface flow, uncontrolled movement of water from one aquifer or zone to another, contamination of ground water or surface water resources, or other adverse impacts.

(a) For public water supply wells connected to a community water system on or after August 28, 2003, except those connected under a construction permit for which the Department received a complete application before August 28, 2003, continuing protection of the well from the sanitary hazards shall be provided during the entire useful life of the well through one of the following means:

1. Ownership by the water supplier of all land within 100 feet of the well;

2. Control by the water supplier of all land within 100 feet of the well via easements, lease agreements, or deed restrictions that appropriately limit use of the land; or

3. Wellhead protection, zoning, or other land use regulations that appropriately limit use of all land within 100 feet of the well.

(b) Public water supply wells shall be located to comply with the setback distances identified in Table I below.

Table I
Water Well Setback Distances for Drinking Water Supply Wells Serving Public Water Systems or Bottled Water Plant Wells
Hazard Type	Installation	Setback in feet (footnote)
Reuse of Reclaimed Water and Land Application	Slow Rate Land Application Restricted Public Access	500 (1.)
	Rapid Rate Land Applications	500 (2.)
	Overland Flow Systems	500
	Transmission Facilities Conveying Reclaimed Water to Restricted Public Access Slow Rate Land Application Systems, Rapid Rate Land Applications Systems, or Overland Flow Systems.	100
	Public Access, Residential Irrigation, or Edible Crop Slow-Rate Land Application Systems	75
	Transmission Facilities Conveying Reclaimed Water to Public Access, Residential Irrigation, or Edible Crop Slow-Rate Land Application Systems	75
Domestic Wastewater Residuals	Domestic Wastewater Residuals Land Application Areas	500
Phosphogypsum Management	Phosphogypsum Stack Systems	500 (3.)
Storage Tank Systems	Aboveground or Underground Storage Tanks	100
Solid Waste Management Facilities	Solid Waste Disposal Facilities	500
	Yard Trash Disposal, Storage, or Processing	200
	Storage or Treatment of Solid Waste in Tanks	100
Onsite Sewage Treatment and Disposal Systems	Septic systems and associated transfer tanks and drainfields	200
Other Sanitary Hazards	Specific sanitary hazards defined in footnotes.	100 (4., 5.)
Feedlot and Dairy Wastewater Treatment and Management	Dairy Farm Waste - Unlined Storage and Treatement, or High Intensity Areas	300
	Dairy Farm Waste - Land Application Areas	200

Footnotes:

1. This distance shall be reduced to 200 feet if facility Class I reliability is provided and shall be reduced to 100 feet if both facility Class I reliability and high-level disinfection are provided.

2. This distance shall be reduced to 200 feet if both facility Class I reliability and high-level disinfection are provided and if the applicant provides reasonable assurance that applicable water quality standards will not be violated at the point of withdrawal.

3. This distance applies only to shallow water supply wells (i.e., potable water wells that pump from an unconfined water table aquifer).

4. The following examples are of sanitary hazards that pose a potentially high risk to ground water quality and public health: active or abandoned mines; airplane or train fueling or maintenance areas at airports and railroad yards; concentrated aquatic animal production facilities; domestic wastewater collection/transmission systems; drainage or injection wells, oil or gas production wells, and improperly constructed or abandoned wells (i.e., wells not constructed or abandoned in accordance with this chapter); fertilizer, herbicide, or pesticide storage areas at agricultural sites, golf courses, nurseries, and parks; graveyards; impoundments and tanks that process, store, or treat domestic wastewater, domestic wastewater residuals, or industrial fluids or waste and that are not regulated by the Department; industrial waste land application areas other than those regulated by the Department; junkyards and salvage or scrap yards; pastures with more than five grazing animals per acre; cattle dip vats; pipelines conveying petroleum products, chemicals, or industrial fluids or wastes; and underground storage tanks that are not regulated by the Department, but are used for bulk storage of a liquid pollutant or hazardous substance other than sodium hypochlorite solution.

5. The following examples are of sanitary hazards that pose a moderate risk to ground water quality and public health: aboveground storage tanks that are not regulated by the Department, but are used for bulk storage of a liquid pollutant or hazardous substance other than sodium hypochlorite solution; fertilizer, herbicide, or pesticide application areas that are not under the ownership or control of the supplier of water at agricultural sites, golf courses, nurseries, and parks; railroad tracks; stormwater detention or retention basins; and surface water (the surface water setback does not apply to multi-family and private wells).

(c) New public water supply wells shall be located on their sites in such a manner that the wells are in an area free from, or least subject to, inundation with surface drainage and flood water; and to the extent practicable, new public water supply wells shall be located on their sites in such a manner that the wells are "upstream" from on-site or off-site sanitary hazards when considering the direction of ground water movement.

(2) The well construction regulations promulgated by the Department governing the construction of potable wells in delineated areas in subsection 40A-3.041(1), F.A.C., shall apply to all potable wells constructed, altered, repaired, or abandoned in those delineated areas of the District.

Fla. Admin. Code Ann. R. 40A-3.502

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS.

New 1-9-86, Amended 12-1-90, 2-19-91, 11-1-95, Amended by Florida Register Volume 44, Number 148, July 31, 2018 effective 8/15/2018.

New 1-9-86, Amended 12-1-90, 2-19-91, 11-1-95, 8-15-18.