Sec. 90-1. - Title and citation.

This article shall be known and may be cited as the "Collier County Well Construction Code."

(Ord. No. 04-55, § 2.E.)

Sec. 90-2. - Purpose.

The board does hereby make the following findings: that it is necessary and in the public interest to regulate the location, construction, alteration, repair, equipment, maintenance, and plugging of wells in Collier County and is in the interest of the public health, safety and welfare. It is therefore the purpose of this article to bring about public awareness of proper well construction methods and to initiate and enforce regulation relating to well construction. Regulation of well construction is necessary because improperly constructed, repaired, or abandoned wells, test holes, or hydraulic elevator shafts have the capacity to create hazards to the health, welfare and safety of the citizens of Collier County and to pollute or otherwise adversely affect the quality of water resources of Collier County.

(Ord. No. 04-55, § 2.E.)

Sec. 90-3. - Applicability.

This article shall apply to and be enforced in all areas of Collier County.

(Ord. No. 04-55, § 2.E.)

Sec. 90-4. - Regulation of wells.

(a)

Scope. The regulations in this section relate to the permitting requirements applicable to the construction, repair or abandonment of wells. All wells must be permitted prior to construction, repair or abandonment and must be constructed, repaired or abandoned by a licensed water well contractor. This does not relieve the applicant from obtaining permits from the South Florida Water Management District which may be required under chapter 40E-2 (Consumptive Use), chapter 40E-4 (Surface Water Management), chapter 40E-20 (General Water Use Permits) or chapter 40E-40 (General Surface Water Management Permits), Florida Administrative Code, as may be amended from time to time.

(b)

Permits required.

(1)

Unless expressly exempt in section 90-4(c), a permit must be obtained from the county prior to the construction, repair or abandonment of any well, test hole, or hydraulic elevator shaft within Collier County. Any well drilled without a permit shall be plugged by the contractor at the contractor's expense.

(2)

A well construction permit must be obtained prior to the construction of any gang well, regardless of the size or depth of the individual wells comprising such gang well, for the purpose of procuring or obtaining water other than for temporary dewatering.

(3)

No test hole shall be converted to a water well until an appropriate permit modification is made and fees paid.

(4)

No monitoring or observation well shall be converted to a production well until a well construction permit or modification thereof is obtained for each production well.

(c)

Exemptions. The following wells are exempt from the requirements of sections 90-4 (e) and 90-4 (f). This exemption does not relieve the applicant from obtaining permits which may be required under chapter 40E-2 (Consumptive Use), chapter 40E-4 (Surface Water Management), chapter 40E-20 (General Water Use Permits) or chapter 40E-40 (General Surface Water Management Permits), Florida Administrative Code, from the South Florida Water Management District.

(1)

No well in existence on the effective date of this article shall be required to conform to the provisions of section 90-4 or 90-5 or any rules or regulations adopted pursuant hereto. However, any well now or hereafter abandoned or repaired as defined pursuant to this article and any applicable rules or regulations with respect to abandonment of wells, and any well which is determined by the county to be a hazard to the groundwater resources must comply with the provisions of this article and applicable rules and regulations within a reasonable time after notification of such determination has been given.

(2)

Sand-point wells driven or jetted for the temporary dewatering of subsurface formations for construction purposes.

(d)

Exceptions and variances. An exception or variance effecting [affecting] the permit requirements of this article shall occur when:

(1)

The county finds that compliance with all the requirements of section 90-4 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 to the county manager or his designee 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 county may grant the exemption by way of a variance if the accepted public health and sanitary engineering principles and practices will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.

(4)

Written variance requests from the contractors will be received and written decisions rendered by the county when, in the opinion of the county, an emergency situation exists and warrants such a request and decision.

(5)

If the request is for a variance from the requirement of obtaining a South Florida Water Management District water use permit, the applicant must demonstrate that an application has been filed or 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.

(6)

Upon issuance of a variance, the county may impose such special conditions as may be necessary to protect the purpose and intent of this article.

(e)

Application and issuance of permits.

(1)

Permits will only be issued to the owner or his agent on whose property the well is located.

(2)

Applications for permits required by this article shall be filed with the county. The application shall contain:

a.

Form "0123" application to the South Florida Water Management District or an approved Collier County form, for the construction, repair or abandonment of all wells, test holes, and hydraulic elevator shafts.

b.

The name, address, telephone number and license number of the licensed contractor who will be constructing the wells.

c.

The name, address and telephone number of the property owner and his agent, if applicable, on whose property the well is to be drilled.

d.

The location of the well (to the nearest one-quarter of the one-quarter section), or latitude and longitude to the nearest second, or Florida coordinate system (state planar coordinates) to the nearest 100 feet, or a legal description that includes the township, range, section, unit block and lot number, and site map of the well location depicting landmarks and providing a scale.

e.

The expected depth of the well.

f.

The proposed use of the well.

g.

The estimated daily volume of the proposed use.

h.

The specification for well construction including the size(s) of the casing to be used, the proposed construction, repair, or abandonment specifications including casing types, diameters and depths; open hole or screened intervals, size and screen openings; and proposed grouting materials.

i.

The proposed method of construction and completion of the well, or the method of plugging and abandonment of the well, or the method of repair, where appropriate.

j.

The proposed maximum pump capacity in gallons per minute (gpm).

k.

The anticipated starting date.

l.

The South Florida Water Management District water use permit number or the water use application number, if applicable.

m.

A well completion report and log for any hole which becomes a water well.

n.

A single permit shall be issued for all test holes located on one site.

o.

Likewise a single permit shall be issued for all monitoring wells located on one site.

(3)

The application must be signed by the owner or his authorized agent, if applicable, and a licensed water well contractor.

(4)

The fee required pursuant to section 90-4(f) shall be submitted with the permit application.

(f)

Permit application and reinspection fees. The board of county commissioners shall establish, by resolution, a schedule of fees and charges for matters pertaining to this article and allied matters. It is the intent of these regulations that the county shall not be required to bear any part of the cost of applications made under this article. The schedule of fees and charges shall be posted in the office of the building department and the resolution establishing such fees shall be on file with the clerk to the board. The charges listed may be changed by resolution of the board of county commissioners and are not subject to the procedure for amendment of this article.

(g)

Conditions for issuance of permits.

(1)

In order to obtain a permit under this article, an applicant must:

a.

Submit a permit application as specified in section 90-4(e).

b.

The permit application fee shall accompany the original application according to the fee schedule provided for in section 90-4(f).

c.

Submit proof of a State of Florida, water well contractor license issued by the South Florida Water Management District, in force, and any subsequent county contractor license, must be provided by the applicant at the time of application for a well construction permit.

(2)

A State of Florida contractor license is required for test holes, test borings, foundation holes or hydraulic elevator shafts. A specialty license is required by the county and proof of licensure must be provided by the applicant with submittal of the permit application.

(3)

If the applicant is the landowner, evidence of contractor's name and proof of license issued by the South Florida Water Management District and/or Collier County, in force, must be provided to the county prior to any work commencing on the permitted well.

(4)

An applicant must certify that:

a.

The proposed well will comply with the construction criteria set forth in section 90-4

b.

The applicant or owner has obtained a South Florida Water Management District water use permit under chapters 40E-2 or 40E-20, Florida Administrative Code, if applicable.

c.

The proposed well will not otherwise adversely affect the water resources.

(5)

The application must be complete and meet all the requirements of this article.

(6)

Upon issuance of a permit, the county may impose such special conditions thereon as may be necessary to protect the purpose and intent of this article.

(h)

Duration of permits. Each permit shall be valid for a period of six months. In the event construction, repair, or abandonment is not completed within that time, the county may extend the time limit an additional three months upon written request by the permittee, provided that the conditions of the original permit application have not changed.

(i)

Suspension and revocation of permits. The county may suspend or revoke a permit to construct, repair or abandon a well by written notice to the permittee under any of the following circumstances:

(1)

Material misstatement or misrepresentation in the application for a permit;

(2)

Failure to comply with the provisions set forth in the permit;

(3)

Disregard or violation of any provisions of these rules and regulations; or

(4)

Unforeseen circumstances which may create a danger to the water resources or the public health, safety or welfare if the well is constructed as permitted.

(j)

Well completion report.

(1)

Well completion reports are required for the construction, repair or abandonment of all wells regardless or [of] whether a permit application is required under section 90-4(e). Well completion reports shall be filed with the county within 30 days of the completion of work.

(2)

The water well contractor shall keep or cause to be kept by a driller in his employ an accurate log of all construction, repair or abandonment activities at the site of construction. Such logs shall be available for inspection at the site during all times when work is in progress.

(3)

If no work is performed or if the well is not completed, a report shall be filed within 30 days of the expiration of the permit stating that no well construction was performed under the permit or outlining the status of the incomplete well.

(4)

The county may also require that samples be taken during construction and furnished to the county with the completion report. If samples are required, the county shall provide containers and instructions.

(k)

Emergency authorization.

(1)

Emergency permits may be issued by the county when one of the following conditions exist that justify 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 of the county 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 verbally. 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 an application stating the need for the emergency permit and the required fee in accordance with section 90-4(e) and any other requested information within two working days after making verbal application for an emergency permit.

(4)

Sections 90-4(j) and 90-5 shall apply to all construction performed under an emergency permit, except for those conditions that may be specifically waived by the county upon written request by the applicant.

(l)

Inspection.

(1)

The county is authorized to inspect any well or abandoned well, including those wells permitted under section 90-5 within its jurisdiction, as it deems necessary to insure conformity with applicable standards. Such inspection may include but not be limited to geophysical logging, water level measurements, or other methods. Duly authorized representatives of the county may, upon proper identification and at reasonable times, enter upon and shall be given access to any premises for the purpose of such inspection.

(2)

If, upon the basis of such inspection, the county finds the standards of sections 90-4 and 90-5 have not been met, the county shall give the owner and contractor, if applicable, a written notice stating which rules have been violated and shall order that necessary corrective action be taken within a reasonable length of time to be prescribed in such order but not to exceed ten days.

(3)

A site inspection may be conducted by an authorized representative of the county prior to issuing a permit for construction, repair, or abandonment of any well test hole, foundation hole, or hydraulic elevator shaft.

(4)

The county shall be notified by the contractor at least 24 hours in advance of the commencement of well construction, repair, or abandonment for all wells. A county representative may be on-site to observe the grouting and other construction activities. If the county is properly notified and [the] representative is not at the site at the appointed time, construction activity may be accomplished in his their [sic] absence. All work shall be performed in compliance with the current Collier County Noise Control Ordinances (Ord. No. 90-17 and Ord. No. 91-56) [Code ch. 22, art. II, and ch. 54, art. IV,] as may be amended from time to time.

(5)

If, upon basis of an inspection, the county finds any well is an abandoned well, the well shall be plugged at the owner's expense in accordance with the methods of abandonment as set forth in section 90-5

(6)

Reinspection fees shall be charged for additional site visitations resulting from construction deficiencies and/or failure of the contractor to notify the inspector of a change in a construction schedule.

(Ord. No. 04-55, § 2.E.)

Sec. 90-5. - Construction, repair and abandonment standards.

(a)

Scope. The regulations in this section relate to the standards and criteria for the construction, repair and abandonment of wells. All wells within the county unless specifically exempted under section 90-4(c) must comply with these standards regardless of whether a permit is required under section 90-4

(b)

Construction methods. 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 one to another, contamination of groundwater or surface water resources, or other adverse impacts. The following shall apply to all construction, repair, or abandonment of wells in Collier County, except for:

(1)

Public water supply wells which shall be constructed, repaired or abandoned in accordance with chapter 17-555, Florida Administrative Code.

(2)

Injection wells which have received a permit under chapter 17-28, Florida Administrative Code, provided the applicable standards of construction are met under chapter 17-28, Florida Administrative Code.

(c)

Location. Wells shall be located so as not to pose a threat of contamination to the water resource and shall be located within the appropriate distance established by chapter 10D-4, and chapter 10D-6, Florida Administrative Code. Wells located either landward or seaward of the saltwater barrier line shall conform to the well construction requirements as provided herein:

(1)

Landward of the saltwater barrier line. All wells shall conform to the requirements of this article as set forth in the following construction standards as established in sections 90-5(d) and 90-5(i).

(2)

Seaward of the saltwater barrier line. All wells shall be constructed either doubled with bentonite grout placed between the inner and outer casing or, if single-string is utilized, the contractor shall use polyvinyl chloride (PVC) well casing/screen and shall provide a minimum of two inches of bentonite grout, or other approved material, around the outside of the casing. In single-string construction, the bentonite, or other approved material, shall extend from the bottom of the casing to the ground surface. In doubled wells, the bentonite shall extend from ten feet into the confining unit (clay or marl) which separates the aquifers to the ground surface. Shaft holes for hydraulic lifts shall be doubled with a minimum of two inches of bentonite grout, or other approved material, in the annular spaces outside and between casing strings. The shaft hole shall be cemented a minimum of five feet below the bottom of the inner casing.

(d)

Casing and liner pipe standards.

(1)

Well casing and liner pipe shall be new. Such casing or pipe shall not be used unless it is free of leaks, corrosion, and dents, is straight and true, and is not out of round. Welded or seamless black or galvanized pipe or casing, or stainless steel pipe or casing, or approved types of nonmetallic pipe shall be used for well casing or liner pipe. Well casing installed by driving shall not have less than the dimensions and weights specified in Table 1 hereof unless otherwise approved by the county and shall conform to the American Society for Testing and Materials (ASTM) A53-77A type S, grade A except as noted herein.

(2)

Black or galvanized steel casing or liner pipe set into place without driving shall not have less than the dimensions and weights specified in table 2 hereof and shall conform to the American Petroleum Institute (API) standard 5L, grade A.

(Ord. No. 04-55, § 2.E.)

TABLE 1. MINIMUM DIMENSIONS AND WEIGHTS FOR BLACK OR GALVANIZED STEEL CASING OR LINER PIPE INSTALLED
BY DRIVING

(3)

Black or galvanized steel casing installed by driving with a nominal size between 12 and 30 inches shall have a minimum wall thickness of 0.375 inches and shall be of weights as specified by American National Standards for Wrought Steel and Wrought Iron Pipe ANSI B36.10 1970, for standard pipe. Pipe larger than 30 inches shall have a minimum wall thickness of 0.500 inches and shall be of weights as specified by American National Standards for Wrought Steel and Wrought Iron Pipe ANSI B36.10 1970, for standard pipe.

(4)

Four-inch nominal size pipe with a wall thickness of 0.188 shall be certified by the manufacturer to be in accordance with American Petroleum Institute (API) standard 5L or ASTM A589-73, A120-77, A53-77A, A252-77A grade 2.

TABLE 2. MINIMUM DIMENSIONS AND WEIGHTS FOR BLACK OR GALVANIZED STEEL CASING OR LINER PIPE SET INTO PLACE WITHOUT DRIVING

(5)

Black or galvanized steel casing or liner pipe set into place without driving, with an outside diameter less than 3.500 inches shall have a wall thickness of not less than 0.125 inches. Black or galvanized steel casing or liner pipe with a nominal size between eight and 16 inches shall have a wall thickness of not less than 0.250 inches. Steel casing or liner pipe with a nominal size of 16 inches or more shall have a wall thickness of not less than 0.375 inches.

(6)

Stainless steel pipe used for casing or liner pipe shall be schedule 10-S of the American National Standards Institute (ANSI B 36.19-1976), or stronger classification.

(7)

Polyvinyl chloride (PVC) pipe may be used for well casing or liner pipe. Any PVC pipe used to construct a water well shall have been marked by the manufacturer, under a method specified by the National Sanitation Foundation, Ann Arbor, Michigan, as suitable for use in well construction. Any PVC pipe larger than 4.5 inches outside diameter used for well construction or repair shall have a working pressure rating of not less than 200 psi at 73 degrees Fahrenheit or shall be ASA schedule 40. Other nonmetallic pipe may be approved by the county.

(8)

Steel well casing and liner pipe may be joined in a watertight manner by threaded couplings or electrical welding methods. PVC pipe shall be joined by solvent bonded or threaded couplings or other approved method which shall meet the strength requirements of casing as specified in section 90-5(d)(6).

(9)

Nonmetallic and stainless steel well casing or liner pipe shall not be installed or seated by driving unless prior approval is obtained from the county.

a.

For well casing or liner pipe installed by driving, the casing or pipe shall not butt together inside the threaded couplings unless the joint is electrically welded so as to be completely watertight. A drive shoe is required for use on casing or pipe installed by driving unless exempted by the county.

(e)

Well construction requirements.

(1)

In the construction of a well, every reasonable caution shall be taken to maintain the premises in sanitary condition and to minimize the entrance of contaminants into the water resource. Water and materials used in construction shall be free of contamination.

(2)

For wells which penetrate multiple aquifers or zones, the well shall be completed so as to prevent cross contamination of different aquifers or zones and to prevent leakage of water from one aquifer zone to another aquifer zone.

(3)

For wells finished into unconsolidated aquifers, the casing shall extend from above top of grade to the well screen.

a.

The well screen shall be attached to the casing with a watertight seal.

b.

Sealed against the casing with a packer.

c.

The screen assembly shall overlap the casing by at least ten feet.

d.

For wells finished into consolidated aquifers, a continuous casing shall extend from above top of grade into the top of the aquifer. For artisan wells, the casing shall penetrate the entire thickness of the overlying formations above the aquifer or producing one within the aquifer.

e.

In all cases, casing shall extend from land surface to a minimum of three feet below land surface.

f.

At a minimum, all domestic potable and irrigation wells shall be left and maintained at finished ground floor elevation. All other wells shall be left and maintained at least 12 inches above finished grade, unless otherwise permitted.

(f)

Grouting and sealing. Wells shall be grouted and sealed to protect the water resource from degradation caused by movement of waters along the well annulus either from the surface to the aquifer or between aquifers, and to prevent loss of artisan pressure in artisan aquifers. All wells shall be constructed and sealed using a method which insures that an open or unnaturally permeable annular space does not remain when a well is completed.

(1)

The casing shall be centered in the borehole prior to grouting and sealing. Centering guides shall be used in all grouted wells, not less than one guide for each 40 feet of casing installed. Integrity of the borehole shall be maintained by those methods necessary to ensure proper placement of the grout in the annular space. In those cases where, during grouting operations, circulation of the grout is lost so that the annular space being grouted cannot be filled in one continuous operation, a tremie pipe shall be installed in the annular space to a point immediately above the zone of lost circulation and the annulus shall be bridged at that point by sand and other approved material introduced through the pipe. Grouting or sealing of the annular space shall be completed using the pipe or other approved methods. A tremie pipe, or other approved method may also be used to complete grouting when the total volume of grout to be implaced exceeds that which can be safely implaced in one continuous operation. Wells shall be grouted by pumping cement or bentonite grout through the casing or through a tremie pipe outside the casing only after the annular space is flushed clean of debris.

Grouting under gravity pressure will not be allowed. The minimum set time for grouting of casing shall be 12 hours before drilling operations may continue. Bentonite grout may be used only on domestic, irrigation, water source or ground source heat pump installations or well abandonments with a nominal casing diameter of four inches or less. Use of bentonite grout shall not be allowed on public supply wells, wells in delineated areas, where artesian flow occurs or in any identified contamination sites. Bentonite grout shall be capped with neat cement in the upper three feet of the annular space to prevent damage to the bentonite seal.

(2)

All wells must have an annular space equal to or greater than two inches for grouting.

(3)

Wells constructed in unconsolidated formations by any method which creates an annular space shall be grouted no more than ten feet above the top of the screen to land surface.

(4)

All other wells shall be grouted from the bottom of the casing to land surface.

(5)

Grouting and sealing of water wells shall be accomplished by the practices and methods recommended by section A1-8.4 of AWWA A100-66, AWWA Standard for Deep Wells, American Water Works Association, Inc., or other methods approved by the county.

(6)

Galvanized steel casing shall be grouted by using bentonite grout or some other acceptable material without the addition of cement.

(7)

Wells constructed by methods which require driven well casing are exempt from sections 90-5(f)(2) and 90-5(f)(3), provided all of the following conditions are met:

a.

Casing shall be driven from land surface to its final depth in a borehole smaller in diameter than nominal outside diameter of the casing used, or be driven from land surface to its final depth ahead of the drill bit;

b.

A drive shoe is used;

c.

No annular space exists after casing is installed;

d.

The uppermost three feet of the casing must be grouted to provide protection from contaminated surface water;

e.

The well is sealed in accordance with sections 90-5(f)(8) and 90-5(f)(9);

f.

All other requirements of this subsection are met.

(8)

Temporary well seal. Whenever there is a temporary interruption in work on the well during construction, repair, or abandonment, the well opening shall be sealed with a substantial watertight cover, except for those areas of Collier County in which pumping equipment is installed seasonally or periodically. Whenever pumping equipment is not installed, the well shall be capped with a watertight cap or valve. If a temporary well seal is installed, an unobstructed inspection port must be provided for wells four inches or greater in diameter.

(9)

Permanent well seals. Wells located on ground subject to flooding shall be properly sealed to prevent the movement of contaminants and surface water into the well. The upper end of the well casing shall include a watertight seal, and all vents shall be above the 100-year flood level. Pumping equipment and any necessary pipe or electrical connections shall be so installed to prevent inadvertent introduction of contaminants into the well. Pumping equipment and any necessary piping or electrical connections installed within the casing shall be installed through a well seal. An unobstructed inspection port equipped with a temporary removable plug shall be provided and accessible at the wellhead for wells four inches or greater in diameter.

(g)

Explosives. The use of explosives in well construction or development is prohibited unless specifically approved pursuant to section 90-4(d).

(1)

Provide a sketch or drafted map identifying the location and distance to all wells, septic tanks, and drainfields from the proposed well, at the time of this application. This applies to wells, septic tanks, and drainfields on both the subject property and on all contiguous and closely adjacent properties. This requirement applies to those wells, septic tanks, and drainfields that are either installed, under construction, or permitted at the time of this application. The staked location of the well for which this permit is being requested must meet all applicable setback requirements.

(h)

Flowing wells. If the well flows at land surface, each well shall be provided with a valve pursuant to F.S. § 373.206.

(i)

Abandoned well and test hole plugging.

(1)

Any well which was not constructed in accordance with the standards of section 90-5 and fails to be corrected upon written notice in accordance with section 90-4(l)(2) shall be deemed an abandoned well.

(2)

Any well which is an abandoned artisan well under F.S. § 373.203(3), or its successor, shall be plugged in accordance with section 90-5(i)(3) below.

(3)

All abandoned wells shall be plugged by filling them from bottom to top with neat cement grout or other approved materials within a time specified by the county, unless otherwise provided in writing by the county. The plugging shall be to restore or improve the hydrologic conditions which existed before the well was constructed. The work shall be accomplished by a licensed water well contractor.

(4)

A request to abandon a well shall be submitted on the application form provided by the county.

(5)

Test holes for the purpose of obtaining data for engineering studies, seismographic, geophysical or geological exploration or prospecting for minerals but not for the purpose of either producing or disposing of water shall be plugged by filling them from bottom to top with a neat cement grout or other approved grouting material immediately upon completion of tests. The contractor shall be responsible for the proper plugging of such test holes.

(j)

Wellhead protection. All permanent wells in Collier County must be double cased for the top six and one-half feet. The outer casing must extend five feet below original (natural) grade and 18 inches above original grade.

The outer casing must have a diameter four inches larger (at a minimum) than the well casing. The well casing must extend to a minimum of 24 inches above original grade (six inches above the outer casing).

The space between the two casings must be grouted with a portland cement grout.

(Ord. No. 04-55, § 2.E.)

Sec. 90-6. - Contractor licensing and equipment registration.

Chapter 17-531, Florida Administrative Code, or its successor, which requires the licensing of water well contractors and registration of drilling equipment, is adopted by reference and made part of this article. Any hereafter required county water well contractor license must be obtained by the water well contractor prior to request for a well construction permit or commencement of well construction. Although persons engaged in the installation of elevator shafts, foundation holes, and/or test borings may or may not have a license issued by the South Florida Water Management District, any county license required under a county ordinance must be obtained by such person(s) prior to the submittal of the permit application or the commencement of any work related to the installation of elevator shafts, foundation holes, and/or test borings.

(Ord. No. 04-55, § 2.E.)

State law reference— Licensing of water well contractors, F.S. § 373.323 et seq.

Sec. 90-7. - Administration.

This article shall be administered by the county manager or any other person or agency designated by the board of county commissioners. In making this delegation, the county manager may designate specific staff members to carry out various tasks, but overall supervision and responsibility shall rest with the county manager. The county manager is expressly authorized to enforce and issue permits under this article.

(Ord. No. 04-55, § 2.E.)

Sec. 90-8. - Penalties.

If any person fails or refuses to obey or comply with or violates any of the provisions of this article, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, equitable action for injunctive relief or an action at law for damages. Further, nothing in this article shall be construed to prohibit the county from prosecuting any violation of this article by means of a code enforcement board established pursuant to the authority of F.S. ch. 162. All remedies and penalties provided for in this article shall be cumulative and independently available to the county and the county shall be authorized to pursue any and all remedies set forth in this article to the full extent allowed by law.

(Ord. No. 04-55, § 2.E.)

Secs. 90-9—90-25. - Reserved.