(1) Emergency well construction permits shall be issued by the executive director or his designee when one of the following conditions exist which justifies the issuance:
- (a) An existing well supplying a particular use has failed and must be immediately replaced;
- (b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized without such authorization;
- (c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources; or
- (d) A serious set of unforeseen circumstances occurs which creates the emergency.
- (2) If chapter 40C-2, F.A.C., Consumptive Use, 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 Consumptive Use Permit (C.U.P.) has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the C.U.P.
- (3) The applicant for an emergency permit shall submit the application and fee in accordance with rule 40C-3.101, F.A.C., along with any other requested information within one business day after making oral application.
- (4) Rule 40C-3.411 and part II of chapter 40C-3, F.A.C., shall apply to all construction performed under an emergency permit.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.313, 373.335, 373.342 FS. History–New 10-14-84, Formerly 40C-3.451, 40C-3.0451, Amended 9-17-89, Formerly 40C-3.451, Amended 8-4-98.