Section 40E-0.111 - Exemptions and Variances for Well Construction Permits(1) The board finds that compliance with all the requirements of Chapter 40E-3, Part I, F.A.C., may result in an undue hardship for the construction, repair or abandonment of certain wells.(2) Any affected person may request an exemption from any or all of these rules for an individual well by making written request which must include those specific requirements for which an exemption is requested, any alternate or substitute methods or conditions considered appropriate, and reasons why the exemption is considered necessary.(3) The District shall grant the exemption by way of a variance if the proposal is in accordance with accepted public health and sanitary engineering principles and practices and will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.(4) If the request is for a variance from the requirement of obtaining a water use permit, the applicant must demonstrate that an application has been filed and a compelling necessity exists to commence the construction, repair or modification of a well while an application for a water use permit is pending. Issuance of the variance will not be evidence of any entitlement to the water use permit.(5) 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.(6) The variance under this rule is provided in addition to the variance and waiver procedures set forth in Rule 28-104, F.A.C., which implements Section 120.542, F.S.Fla. Admin. Code Ann. R. 40E-0.111
Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.54(5), 373.303, 373.308, 373.313, 373.316, 373.326 FS.
New 9-2-98, Amended 6-12-00.New 9-2-98, Amended 6-12-00.