Florida Regulations 40B-3.451: Emergency Authorization
Current as of: 2024 | Check for updates
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(1) Emergency permits may be issued by the Executive Director or his designee when one of the following conditions exists:
(a) An existing well supplying a particular use has failed and must be immediately replaced or repaired;
(b) The health, safety, or general welfare of the people of this District 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 and unforeseeable circumstances exists which creates the emergency.
(2) Emergency permits may be applied for and issued orally. Mere carelessness or lack of planning on the part of the applicant, contractor, or driller will not constitute sufficient cause for the issuance of an emergency permit.
(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rules 40B-3.101 and 40B-3.201, F.A.C., and any other requested information within ten days after making oral application.
(4) Fl. Admin. Code R. 40B-3.411, and Part II of this chapter shall apply to all construction performed under an emergency permit unless the rules are waived by the Executive Director or his designee in conformance with Florida Statutes § 120.542
Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History-New 4-15-81, Amended 1-31-83, 7-1-85, 6-22-99.
(a) An existing well supplying a particular use has failed and must be immediately replaced or repaired;
(b) The health, safety, or general welfare of the people of this District 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 and unforeseeable circumstances exists which creates the emergency.
(2) Emergency permits may be applied for and issued orally. Mere carelessness or lack of planning on the part of the applicant, contractor, or driller will not constitute sufficient cause for the issuance of an emergency permit.
(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rules 40B-3.101 and 40B-3.201, F.A.C., and any other requested information within ten days after making oral application.
(4) Fl. Admin. Code R. 40B-3.411, and Part II of this chapter shall apply to all construction performed under an emergency permit unless the rules are waived by the Executive Director or his designee in conformance with Florida Statutes § 120.542
Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History-New 4-15-81, Amended 1-31-83, 7-1-85, 6-22-99.