Florida Regulations 40B-4.1140: Limiting Conditions on Permits
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(1) The District shall impose on permits granted under this chapter such reasonable conditions as are necessary to assure that the permitted project, activities, operations, or development in a Work of the District will be consistent with the overall objectives of the District, will not be harmful to the water resources in the District, and will not endanger public health or safety.
(2) The following standard limiting conditions shall be a part of all permits issued pursuant to this chapter unless waived or modified by the District.
(a) The permittee shall perform all construction authorized in a manner so as to minimize adverse impacts to fish, wildlife, natural environmental values, and water quality. The permittee shall institute necessary measures during construction, including riprap, reinforcement, or compaction of any fill materials placed around newly installed residential and non-residential structures, to minimize erosion, turbidity, nutrient loading, and sedimentation in the receiving waters.
(b) Immediately prior to, during construction, and for the period of time after construction to allow for stabilization of all disturbed areas, the permittee shall implement and maintain performance based erosion and sediment control best management practices. All best management practices shall be in accordance with the guidelines and specifications described in the State of Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, http://www.flrules.org/Gateway/reference.asp?No=Ref-03047, effective July 2008. This document is incoporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. If project-specific conditions require additional measures beyond those specified in the erosion and sediment control plan, if approved as part of the permit, the permittee shall implement the additional best management practices as necessary. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources or adjacent properties.
(c) Noticed General and General permits shall be transferred to the operational and maintenance phase automatically upon the completion of the work or development in a Work of the District. The operational and maintenance phase of individual permits shall be transfered following the criteria in the Applicant’s Handbook Volume II (Effective August 1, 2013), incorporated by reference in subsection 40B-4.1090(3), F.A.C., and Fl. Admin. Code Chapter 62-330 Abandonment permits will not become effective until the owner or his authorized agent certifies that all facilities have been removed in accordance with the permit. Within 30 days after the completion of the removal of the work or development in a Work of the District, the owner or his authorized agent shall complete an As-Built Certification Form 40B-1.901A (Effective August 1, 2013), incorporated by reference in subsection 40B-4.1130(2), F.A.C.,. When the completed removal of the work or development in a Work of the District differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the removal of the work or development in a Work of the District is complete and ready for inspection. The plans must be clearly labeled as “”as-built”” or “”record”” drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor.
(d) The operation phase of individual and abandonment permits shall not become effective until the permittee has complied with the requirements of the condition in the paragraph above. Until the permit is transferred pursuant to Fl. Admin. Code R. 40B-4.1130, the permittee shall be liable for compliance with the terms of the permit.
(e) Off-site discharges during and after construction shall be made only through the facilities authorized by the permit. Water discharged from the project shall be through structures suitable for regulating upstream stage if so required by the District. Such discharges may be subject to operating schedules established by the District.
(f) The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance, alteration, abandonment, work, or development in a Work of the District which is authorized by the permit.
(g) The permit is issued based on the information submitted by the applicant which reasonably demonstrates that adverse off-site water resource impacts will not be caused by the permitted activity. It is the responsibility of the permittee to insure that such adverse impacts do not in fact occur either during or after construction.
(h) This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations prior to the start of any activity approved by this permit. It is the responsibility of the permittee to obtain all other clearances, permits, or authorizations required by any unit of federal, state, or local government or special District. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior to implementation so that a determination can be made whether a permit modification is required.
(i) This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and in Fl. Admin. Code Chapter 40B-4
(j) All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit.
(k) Each phase or independent portion of the permitted work or development in a Work of the District must be completed in accordance with the permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the work or development. Each phase or independent portion of the work or development must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the work or development to an approved entity.
(l) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.
(m) At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40B-1.901(19), http://www.flrules.org/Gateway/reference.asp?No=Ref-03166, effective August, 2013, indicating the actual start date and the expected completion date. This document is incorporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060.
(n) For those works or developments which will be operated or maintained by an entity requiring an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the work or development, such easement or deed restriction, together with any other final operation or maintenance documents as are required by paragraph Part VI of the Applicants Handbook Volume II, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of District rules will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the work or development, or upon completion of construction of the work or development, whichever occurs first. For those works or developments which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the work or development is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted work or development.
(o) The permittee is hereby advised that Florida Statutes § 253.77, states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.
(p) All transfers of ownership or transfers of a permit are subject to the requirements of Fl. Admin. Code R. 40B-4.1130 The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.
(q) Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the work or development to insure conformity with the plans and specifications approved by the permit.
(r) If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District. If evidence of the existence of historic resources is discovered or observed at permitted project sites or during permitted activities after a permit is issued, the applicant, owner, contractor, or agent thereof shall notify the District and the Division of Historical Resources, Compliance and Review Section within two working days. Examples of such evidence include whole or fragmentary stone tools, shell tools, aboriginal or historic pottery, historic glass, historic bottles, bone tools, historic building foundations, shell mounds, shell middens, or sand mounds.
(s) The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.
(3) In addition to the standard limiting conditions set forth in subsection 40B-4.1140(2), F.A.C., the Governing Board shall impose on any permit granted under this chapter, such reasonable project-specific conditions as are necessary to assure that the permitted work or development in a Work of the District will meet the conditions for issuance in Fl. Admin. Code Chapter 40B-4 Upon receipt of notice of intended agency action, any substantially affected person shall have the right to request a hearing in accordance with Fl. Admin. Code Chapter 28-106
Rulemaking Authority 373.044, 373.113, 373.117, 373.171 FS. Law Implemented 373.084, 373.085, 373.117, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426 FS. History-New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 11-3-08, 10-14-13, 9-6-21.
Terms Used In Florida Regulations 40B-4.1140
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The permittee shall perform all construction authorized in a manner so as to minimize adverse impacts to fish, wildlife, natural environmental values, and water quality. The permittee shall institute necessary measures during construction, including riprap, reinforcement, or compaction of any fill materials placed around newly installed residential and non-residential structures, to minimize erosion, turbidity, nutrient loading, and sedimentation in the receiving waters.
(b) Immediately prior to, during construction, and for the period of time after construction to allow for stabilization of all disturbed areas, the permittee shall implement and maintain performance based erosion and sediment control best management practices. All best management practices shall be in accordance with the guidelines and specifications described in the State of Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, http://www.flrules.org/Gateway/reference.asp?No=Ref-03047, effective July 2008. This document is incoporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. If project-specific conditions require additional measures beyond those specified in the erosion and sediment control plan, if approved as part of the permit, the permittee shall implement the additional best management practices as necessary. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources or adjacent properties.
(c) Noticed General and General permits shall be transferred to the operational and maintenance phase automatically upon the completion of the work or development in a Work of the District. The operational and maintenance phase of individual permits shall be transfered following the criteria in the Applicant’s Handbook Volume II (Effective August 1, 2013), incorporated by reference in subsection 40B-4.1090(3), F.A.C., and Fl. Admin. Code Chapter 62-330 Abandonment permits will not become effective until the owner or his authorized agent certifies that all facilities have been removed in accordance with the permit. Within 30 days after the completion of the removal of the work or development in a Work of the District, the owner or his authorized agent shall complete an As-Built Certification Form 40B-1.901A (Effective August 1, 2013), incorporated by reference in subsection 40B-4.1130(2), F.A.C.,. When the completed removal of the work or development in a Work of the District differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the removal of the work or development in a Work of the District is complete and ready for inspection. The plans must be clearly labeled as “”as-built”” or “”record”” drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor.
(d) The operation phase of individual and abandonment permits shall not become effective until the permittee has complied with the requirements of the condition in the paragraph above. Until the permit is transferred pursuant to Fl. Admin. Code R. 40B-4.1130, the permittee shall be liable for compliance with the terms of the permit.
(e) Off-site discharges during and after construction shall be made only through the facilities authorized by the permit. Water discharged from the project shall be through structures suitable for regulating upstream stage if so required by the District. Such discharges may be subject to operating schedules established by the District.
(f) The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance, alteration, abandonment, work, or development in a Work of the District which is authorized by the permit.
(g) The permit is issued based on the information submitted by the applicant which reasonably demonstrates that adverse off-site water resource impacts will not be caused by the permitted activity. It is the responsibility of the permittee to insure that such adverse impacts do not in fact occur either during or after construction.
(h) This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations prior to the start of any activity approved by this permit. It is the responsibility of the permittee to obtain all other clearances, permits, or authorizations required by any unit of federal, state, or local government or special District. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior to implementation so that a determination can be made whether a permit modification is required.
(i) This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and in Fl. Admin. Code Chapter 40B-4
(j) All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit.
(k) Each phase or independent portion of the permitted work or development in a Work of the District must be completed in accordance with the permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the work or development. Each phase or independent portion of the work or development must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the work or development to an approved entity.
(l) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.
(m) At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40B-1.901(19), http://www.flrules.org/Gateway/reference.asp?No=Ref-03166, effective August, 2013, indicating the actual start date and the expected completion date. This document is incorporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060.
(n) For those works or developments which will be operated or maintained by an entity requiring an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the work or development, such easement or deed restriction, together with any other final operation or maintenance documents as are required by paragraph Part VI of the Applicants Handbook Volume II, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of District rules will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the work or development, or upon completion of construction of the work or development, whichever occurs first. For those works or developments which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the work or development is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted work or development.
(o) The permittee is hereby advised that Florida Statutes § 253.77, states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.
(p) All transfers of ownership or transfers of a permit are subject to the requirements of Fl. Admin. Code R. 40B-4.1130 The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.
(q) Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the work or development to insure conformity with the plans and specifications approved by the permit.
(r) If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District. If evidence of the existence of historic resources is discovered or observed at permitted project sites or during permitted activities after a permit is issued, the applicant, owner, contractor, or agent thereof shall notify the District and the Division of Historical Resources, Compliance and Review Section within two working days. Examples of such evidence include whole or fragmentary stone tools, shell tools, aboriginal or historic pottery, historic glass, historic bottles, bone tools, historic building foundations, shell mounds, shell middens, or sand mounds.
(s) The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.
(3) In addition to the standard limiting conditions set forth in subsection 40B-4.1140(2), F.A.C., the Governing Board shall impose on any permit granted under this chapter, such reasonable project-specific conditions as are necessary to assure that the permitted work or development in a Work of the District will meet the conditions for issuance in Fl. Admin. Code Chapter 40B-4 Upon receipt of notice of intended agency action, any substantially affected person shall have the right to request a hearing in accordance with Fl. Admin. Code Chapter 28-106
Rulemaking Authority 373.044, 373.113, 373.117, 373.171 FS. Law Implemented 373.084, 373.085, 373.117, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426 FS. History-New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 11-3-08, 10-14-13, 9-6-21.