§ 37-82. Permit to drill.

(a)

Notification of intent to drill. Before starting to drill, rehabilitate, plug or cap a well, including monitoring wells, or install a pump, a well driller and/or pump installer must obtain a proper and appropriate well drilling and/or pump installation permit signed by the building official. No drilling, well construction work, including drilling or construction of a monitoring well, or pump installation shall be started until the application has been approved by the building official and a permit has been issued. All monitoring wells are subject to this section, but those monitoring wells less than fifteen (15) feet in depth shall be exempt from all other sections of this article.

(b)

Application for permit. Before well construction or pump installation every registered well contractor and/or pump installer shall submit, in writing, to the building official, on forms to be provided by the same, an application for permit to drill and/or install a pump, hereinafter referred to as "application," for each and every well, test hole or group of test holes which the contractor is intending to drill or construct or pump which the contractor intends to install within the county. An application must also be submitted for the enlarging or deepening of a water well. An application filed by any person other than a county registered and licensed well contractor and/or pump installer or a private property owner wishing to construct or repair a well over forty (40) feet in depth, situated entirely on his own property, for his own use, who meets the requirements set forth below will not be accepted.

(1)

Any private property owner who is not a registered and licensed county well contractor who wishes to construct or repair a well over forty (40) feet in depth, situated entirely on his property, for his own personal use, may do so upon a showing to the building codes board of adjustments and appeals that he has the necessary equipment and ability to construct or repair the well. Any person wishing to make such a showing shall appear at any regular meeting of the building codes board of adjustments and appeals before any construction or repair begins and, to the satisfaction of the building codes board of adjustments and appeals, shall show that he has the necessary equipment and ability to construct or repair the well without the use or aid of any nonregistered or unlicensed well driller. The building codes board of adjustments and appeals shall within thirty (30) days determine whether to permit the property owner to construct or repair the well. If the property owner is permitted to construct or repair the well, the board shall notify the building official in writing that the property owner has met the requirements of this section and shall recommend that he be issued a permit by the building official. The property owner must comply with all other provisions of this article except section 37-101 and section 37-102. If the building codes board of adjustments and appeals denies the property owner's request to construct or repair the well, the property owner may appeal to the board of county commissioners. Nothing in this section shall prevent the property owner from seeking whatever remedies are available to him in a court of competent jurisdiction in the state.

(2)

No person shall drill and/or construct any well that is forty (40) feet or more in depth unless such drilling and/or construction is performed by a county registered and licensed well contractor or unless the well is being drilled and/or constructed by a private property owner who has met the requirements set forth above. Before drilling and/or construction of any well forty (40) feet or more in depth is begun, a permit must be obtained according to the procedures of this section. This section shall also apply to the enlarging or deepening of any well that will result in making the well forty (40) feet or more in depth.

(c)

Permit and inspection fees. The following fees shall be paid to the county for permits and inspections under this section:

(1)

A charge will be made for each permit to be determined as follows: Five dollars ($5.00) per inch in diameter of the well being installed, up to six (6) inches in diameter; and three dollars ($3.00) per inch for each inch over six (6) inches in diameter. This fee shall include the first inspection of the well by the county.

(2)

Any licensed and registered well driller or pump installer applying for a permit after construction on a well or pump installation has begun shall pay a permit fee of double the cost of a permit or fifty dollars ($50.00), whichever is greater. Any other person applying for a permit after construction on a well or pump installation has begun shall pay a permit fee of double the cost of a permit.

(3)

A reinspection fee of ten dollars ($10.00) shall be charged for each reinspection which may be required.

(d)

Issuance. Upon approval of the application the building official shall advise the contractor and issue the permit.

(e)

Display. A copy of the permit must be prominently displayed by the contractor at the site of the well or pump during the entire operation of constructing, testing and completing the well or pump.

(f)

Transfer. A permit may be transferred to another registered well contractor or pump installer with written application to and written approval from the building official.

(g)

Authority granted. A permit shall constitute authority to a registered well contractor and/or pump installer to drill a hole or well and/or install a pump providing the following conditions are satisfied:

(1)

The pump and/or well is constructed by a registered well contractor and/or pump installer.

(2)

The pump and/or well is constructed in accordance with the information furnished on the application.

(3)

The contractor must comply with the provisions of this article.

(h)

Validity. A permit is valid for a period of six (6) months from the date of issuance by the building official. Permits shall be void after six (6) months unless the time limit is extended by the building official upon written application by the contractor.

(i)

Test wells. Any number of test wells may be constructed for one (1) owner using one (1) permit, subject to the following conditions:

(1)

All exploratory drilling under one (1) permit must be done on a single parcel of property for a single owner or under a single contract.

(2)

Each and every test well must be constructed, sealed and abandoned in accordance with this article and other requirements of the state.

(3)

In the exploration for water, a test well that is found to produce the desired amount of water may be converted to a production or observation well, provided a permit for doing so has been obtained from the building official. If required by the building official, another application must be filed and another permit must be approved before the conversion. In the construction of test wells the contractor must also comply with this article or any rule or regulation promulgated by the board of county commissioners, and all laws of the state related to the construction of wells and pumps.

(j)

Reworked wells. If an old well needs to be reconstructed to a greater depth or if its diameter is changed, a new permit must be obtained from the building official.

(k)

Cause for rejection. An application may be rejected if the well is subject to or may cause any one (1) or more of the following conditions:

(1)

Noncompliance with the provisions of this article or any rule or regulation promulgated by the board of county commissioners pursuant thereto, or any law of the state;

(2)

Intrusion of pollutants into the underground water supply of the county;

(3)

Uncontrolled intermixing of well water below the surface of the ground;

(4)

Extreme depletion of the underground water supply of the county so as to cause a threat to the availability of future water resources;

(5)

Endangering of the public health, safety and welfare of the citizens within the county.

(l)

Notice of rejection; right to appeal. The building official shall issue a notice of rejection whenever he finds that an application fails to meet the requirements for issuance of a permit as herein provided. Such notice shall:

(1)

State the grounds for the rejection, and may state any remedial action which, if taken, will effect compliance with this article and permit approval of the application.

(2)

Be served upon the applicant or his agency by registered mail.

In case of adverse action, the person concerned may file written notice of intent to appeal to the building codes board of adjustments and appeals within thirty (30) days of receipt of notification.

(m)

Suspension and revocation. A permit may be suspended by the building official if any well drilling construction and/or pump installation for which the permit was issued is in violation of the provisions of this article. Upon receipt of such findings, the well driller or pump installer shall rectify the violation or cease construction. Should the contractor be aggrieved of such action he may request a hearing of the building codes board of adjustments and appeals.

(Code 1965, § 36A-7; Ord. No. 70-5, § 7, 12-31-69; Ord. No. 71-3, § 5, 5-4-71; Ord. No. 80-2, § 4, 1-15-80; Ord. No. 80-14, § 1, 8-18-80; Ord. No. 92-36, § 10(g), 11-10-92; Ord. No. 93-02, § 8(g), 1-19-93)

State law reference

Well permits from state, F.S. § 373.342.