STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NORTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2123

)

LESTER BASFORD, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for final hearing on February 14, 1977, in Tallahassee, Florida, before the undersigned Hearing Officer. The parties to this proceeding were afforded proper notice. Final hearing was held only on the Order And Notice Of Violation No. 001 of the Northwest Florida Water Management District wherein Petitioner alleged that Respondent failed to meet the requirements for grouting the annular space as required by Rule 16G-3.21(2)(d) and 17- 21.10(2)(d), F.A.C., of the well constructed by Respondent on the property of Robert Phorte.

APPEARANCES

For Petitioner: J. W. Holder, Esquire

Barrett, Boyd and Holder Post Office Box 1501 Tallahassee, Florida 32302

For Respondent: Lester Basford, in his own behalf.

After due consideration of the matters of fact and law presented herein the Hearing Officer enters the following:

FINDINGS OF FACT

1. The Respondent is licensed to construct water wells. He constructed such a well on the property of Mr. Robert Phorte, Highway 90 West, Marianna, Florida, on June 18, 1976. The water well casing of that well was placed in a bore hole with a diameter in excess of the outside diameter of the water well casing, thus leaving an open annular space. That annular space was not filled with grout from bottom to top as required by Rule 16G-3.21(2)(d) and 17- 21.10(2)(d), F.A.C. The subject well obtains its water from a rock layer or other consolidated geologic formation in Jackson County, Florida.

   
   

2. At the time Respondent constructed the subject well Mr. T. E. Langford, an inspector for the Northwest Florida Water Management District, was on the job site and observed the construction of the well. Mr. Langford was aware that the annular space around the subject well was not filled with grout, but for a small

   cap at the top of the well. However, the unrebutted testimony shows that Mr. Langford told Respondent that the well "was perfect and needed no grout."

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 373.309, Florida Statutes, authorizes the adoption of rules and regulations governing the location, construction, repair and abandonment of water wells by the Department of Environmental Regulation. Section 373.309(2),

   F.S. authorizes the delegation of this authority under Part III, Regulation of Wells, Chapter 373, F.S., to any political subdivision. This authority was delegated by the Governor and Cabinet of the State of Florida, sitting as the Department of Natural Resources on August 20, 1974, to the Northwest Florida Water Management District.

   
   

4. Section 16G-3.21 and 17-21.01, F.A.C., require that the annular space around the water well be filled with grout from bottom to top.

RECOMMENDATION

Respondent did not dispute that he failed to construct the subject well in accordance with the grouting requirements set forth above. However, it is noted that an inspector and representative of the Northwest Florida Water Management District was present on the job site throughout the construction of the well and, though aware that the well had not been grouted as required, made no attempt to suspend the construction of the well and, in fact, told Respondent that the well did not need grout. Therefore, it is hereby RECOMMENDED that the Respondent, Lester M. Basford, be instructed that hereinafter all wells constructed by him shall conform without exception to the rules for such construction including the grouting of wells. However, because of the presence on the job site at the time of construction and apparent acquiescence by the agent of the Northwest Florida Water Management District and in light of the lack of showing that failure to grout this particular well will directly lead to contamination of the aquifer or some other serious consequence, it is RECOMMENDED that no further action be taken against the Respondent on this violation.

ENTERED this 31st day of March, 1977, in Tallahassee, Florida.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1977.

COPIES FURNISHED:

J. W. Holder, Esquire Barrett, Boyd and Holder Post Office Box 1501 Tallahassee, Florida 32302

Lester Basford Route 4

Graceville, Florida 32440

Docket for Case No: 76-002123

Orders for Case No: 76-002123