Florida Regulations 40A-44.341: Revocation of Permits
Current as of: 2024 | Check for updates
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(1) Certain violations of this chapter shall result in the revocation of the permit authorization in whole or in part. A permit may also be revoked under any of the following circumstances:
(a) The permittee or his agent has committed any of the acts enumerated in subsections 40A-1.205(1) or (2), F.A.C., or
(b) The permittee has not proceeded in a timely fashion to construct the authorized facilities and the permit has automatically expired pursuant to Fl. Admin. Code R. 40A-44.321
(2) The conversion of a project to any use other than forestry or agriculture shall result in the revocation of the permit and be subject to the applicable provisions of Florida Statutes Chapter 403, and Fl. Admin. Code Chapter 62-330
(a) The revocation of a permit under this provision shall require the removal of the surface water management facility, restoration of topography, and the stabilization of the site to prevent water quality impacts and erosion. The removal of the facility shall not be required, if the permittee provides for the redesign of the facility and is granted authorization by the District to alter the facility to meet construction, safety, and water quality standards suitable for the intended use.
(b) The permittee shall be required to dewater the facility immediately and maintain the facility dewatered until the necessary permit and authorizations are obtained and the facility is altered or removed.
(3) The partial conversion of a project’s watershed upstream from the project’s site, under the initial ownership or control of the permittee, to uses other than forestry or agriculture shall require the filing of a permit modification according to the provisions of Fl. Admin. Code R. 40A-44.331
(a) The permit modification application shall address the new hydraulic characteristics of the facility and provide for its redesign and alteration to meet construction, safety and water quality standards suitable for the intended uses.
(b) The permittee shall be required to undertake any required alteration construction prior to the partial watershed conversion.
Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.423, 373.429 403.927(3) FS. History-New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98, 8-6-13, 3-27-17.
(b) The permittee has not proceeded in a timely fashion to construct the authorized facilities and the permit has automatically expired pursuant to Fl. Admin. Code R. 40A-44.321
(2) The conversion of a project to any use other than forestry or agriculture shall result in the revocation of the permit and be subject to the applicable provisions of Florida Statutes Chapter 403, and Fl. Admin. Code Chapter 62-330
(a) The revocation of a permit under this provision shall require the removal of the surface water management facility, restoration of topography, and the stabilization of the site to prevent water quality impacts and erosion. The removal of the facility shall not be required, if the permittee provides for the redesign of the facility and is granted authorization by the District to alter the facility to meet construction, safety, and water quality standards suitable for the intended use.
(b) The permittee shall be required to dewater the facility immediately and maintain the facility dewatered until the necessary permit and authorizations are obtained and the facility is altered or removed.
(3) The partial conversion of a project’s watershed upstream from the project’s site, under the initial ownership or control of the permittee, to uses other than forestry or agriculture shall require the filing of a permit modification according to the provisions of Fl. Admin. Code R. 40A-44.331
(a) The permit modification application shall address the new hydraulic characteristics of the facility and provide for its redesign and alteration to meet construction, safety and water quality standards suitable for the intended uses.
(b) The permittee shall be required to undertake any required alteration construction prior to the partial watershed conversion.
Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.423, 373.429 403.927(3) FS. History-New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98, 8-6-13, 3-27-17.