§ 74-39. Well, pump and irrigation system permits.

(a)

[ Generally. ] All properties located adjacent to a potable central water supply must connect to said water supply in the absence of a moratorium prohibiting said connection under the following circumstances:

(1)

To provide potable water to new construction and /or

(2)

In the event that an existing potable well becomes unusable requiring the installation of a new well.

(b)

Permit required. Except as exempted by section 74-34 of this article, a valid Volusia County Health Department permit shall be obtained prior to commencement of construction, repair, modification or abandonment of any well or conversion of a test hole to a water well, or the installation of a pump or the installation of an irrigation system.

(c)

Permit application requirements:

(1)

The written application for well construction, repair, modification or abandonment permit or installation of a pump and/or irrigation permit shall include, but is not limited to:

a.

Name, address, and telephone number of the property owner.

b.

Written authorization from the owner designating the authorized agent, if any.

c.

Name, telephone number, license number, and signature of a currently licensed water well contractor, plumbing contractor, certified contractor, or owner-contractor, as applicable.

d.

A site plan, including the description of well, pump, or irrigation system location, including tax parcel number, address, and specific directions to job site.

e.

In the case of a well, description of the proposed well construction, including diameter, purpose, type of casing material and method of construction.

f.

In the case of pump and/or an irrigation system, the description of the pump and/or irrigation system installation, including pump size, type, and intake settings.

(d)

Issuance of permit. Upon receipt of the application and appropriate permit fee, the department shall review the application and, if in compliance with this article, it shall approve for issuance of a permit. Said permit may contain terms and conditions which may be prescribed by the department. In the case of a well permit, the department's conditions shall be based upon known hydrologic and geologic conditions. Such well construction conditions may include, but are not limited to, total depth of well, depth of well casing, well diameter, depth of pump intake setting, pump size and type, and actual location of the well on the property.

(e)

Notice of permit application rejection. The department shall notify an applicant if the application for permit is not in compliance with this article. Such notice shall state the grounds for rejection. An application for a refund or partial refund may be made upon showing good cause.

(f)

Late permit fees. Except for emergency authorization as provided in section 74-39(6), an additional fee equal to double the permit fee, not to exceed $150.00, shall accompany any late permit application. In the event that a late permit fee is not paid within 30 days after notification, future permits will not be issued until all fees are paid.

(g)

Instant authorization. Permission to commence construction or modification of a well or the installation of a pump may be applied for by telephone, fax, or e-mail when emergency conditions exist which would justify such a request. The permitting authority may grant an emergency permit to prevent an imminent and substantial danger to the public health, safety, or welfare. Proper application for permit shall be submitted no later than five working days following instant authorization. The permitting authority will not issue routine permits absent prior review of a completed application.

(h)

Authority granted by permit. A valid permit shall constitute approval to commence authorized work.

(1)

A valid permit must be properly displayed at the job site prior to commencement of work.

(2)

A permit is valid for a period of 180 days from date of issuance. The duration of a permit may be extended at the department's discretion for a reasonable period, not to exceed an additional 180 days.

(3)

Any change to permit conditions require the issuance of a new permit.

(i)

Suspension or revocation of permit. A permit may be suspended or revoked by the department if any well construction, repair, modification or abandonment or pump or irrigation system installation is found in violation of the permit, Florida law, Florida Administrative Code, this article, or any applicable municipal ordinance. The department may issue a stop work order under such conditions. Suspension or revocation may be based upon any of the following:

(1)

Material misstatement or misrepresentation in the application for a permit;

(2)

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

(3)

Willful disregard or violation of this article or any rule or regulation promulgated by the council;

(4)

Willfully aiding and abetting another person in the violation of this article or any rule or regulation promulgated by the council;

(5)

Failure to pay the required permit fee;

(6)

Construction or installation of a well, pump or irrigation system which would have a deleterious effect on the quality of ground water supplies in the county.

(Ord. No. 2002-23, § I, 12-12-02)