Florida Regulations 40E-63.439: Permit Modifications, Transfers and Renewals
Current as of: 2024 | Check for updates
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(1) Applicants for permit modifications, transfers and renewals must use the appropriate sections of Form 1045 (incorporated by reference in subsection 40E-63.430(2), F.A.C.), or equivalent electronic permitting application (e-permitting) tool.
(2) Modifications and Letter Modifications: Letter modifications are applicable for requesting approval for demonstration or verification plan projects for phosphorus reduction under Fl. Admin. Code R. 40E-63.437, for early implementation of water quality improvement activities under Fl. Admin. Code R. 40E-63.438, for implementing or modifying a voluntary Permit Basin Discharge Monitoring Program under Fl. Admin. Code R. 40E-63.462, and for water quality improvement activities in accordance with subsection 40E-63.461(3) or (4), F.A.C., if the C-139 Basin is determined to be out of compliance with the water quality requirements of this part of Fl. Admin. Code Chapter 40E-63, pursuant to Fl. Admin. Code R. 40E-63.446 Applications for modifications are applicable to any other changes except for clerical changes as indicated in subsection 40E-63.443(3), F.A.C.
A permittee may apply for a modification or a letter modification to an existing General Permit issued under this part of Fl. Admin. Code Chapter 40E-63, unless the permit has expired or has been otherwise revoked or suspended. An application for modification or letter modification will not be processed as a complete application if the permit is not in compliance with applicable permit conditions, unless the permit modification is required to bring the permit into compliance. Modifications and letter modifications will be evaluated based on the criteria in effect at the time that the application to modify is submitted. Applications for permit modifications and letter modifications shall be subject to the following requirements and limitations:
(a) Applications to modify an existing permit shall contain the same information required in a new application, as applicable, and shall identify the portion of the existing authorization for which the modification is requested.
(b) Modifications to existing permits are acknowledged and approved by letter with an accompanying Permit Review Summary (Staff Report) from the District through correspondence to the permittee.
(3) Transfers: A permittee shall notify the District within 30 days after any transfer, sale or conveyance of land or works permitted under this part of Fl. Admin. Code Chapter 40E-63, to allow time for processing the application. The permittee remains responsible for the requirements of the permit until the permit is transferred or closed at the request of the permit holder at the time the property is sold. A permittee or transferee may apply for a permit transfer, conveying responsibility for permit compliance. If an application for permit transfer is not received, the permit will become nontransferable and the transferee will be required to apply for a new permit. Permit transfers shall be subject to the following requirements and limitations:
(a) A permit may only be transferred if the land practice, total acreage, and approved BMP Plan remain the same and the permittee is in compliance with all conditions of the permit.
(b) All conditions of the existing permit will remain applicable to the new permittee.
(c) Any other changes or additions will require a permit modification in accordance with subsection 40E-63.439(2), F.A.C.
(4) Renewal: A permittee shall apply for a permit renewal prior to the expiration of an existing permit, subject to the following requirements and limitations:
(a) Applications for renewals must contain all information required for new applications and will be evaluated based on the criteria in effect at the time the application is filed.
(b) If the permittee allows the permit to expire prior to applying for a permit renewal, an application for a new permit shall be required.
Rulemaking Authority 373.044, 373.113, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592(4)(f) FS. History-New 11-9-10.
A permittee may apply for a modification or a letter modification to an existing General Permit issued under this part of Fl. Admin. Code Chapter 40E-63, unless the permit has expired or has been otherwise revoked or suspended. An application for modification or letter modification will not be processed as a complete application if the permit is not in compliance with applicable permit conditions, unless the permit modification is required to bring the permit into compliance. Modifications and letter modifications will be evaluated based on the criteria in effect at the time that the application to modify is submitted. Applications for permit modifications and letter modifications shall be subject to the following requirements and limitations:
(a) Applications to modify an existing permit shall contain the same information required in a new application, as applicable, and shall identify the portion of the existing authorization for which the modification is requested.
(b) Modifications to existing permits are acknowledged and approved by letter with an accompanying Permit Review Summary (Staff Report) from the District through correspondence to the permittee.
(3) Transfers: A permittee shall notify the District within 30 days after any transfer, sale or conveyance of land or works permitted under this part of Fl. Admin. Code Chapter 40E-63, to allow time for processing the application. The permittee remains responsible for the requirements of the permit until the permit is transferred or closed at the request of the permit holder at the time the property is sold. A permittee or transferee may apply for a permit transfer, conveying responsibility for permit compliance. If an application for permit transfer is not received, the permit will become nontransferable and the transferee will be required to apply for a new permit. Permit transfers shall be subject to the following requirements and limitations:
(a) A permit may only be transferred if the land practice, total acreage, and approved BMP Plan remain the same and the permittee is in compliance with all conditions of the permit.
(b) All conditions of the existing permit will remain applicable to the new permittee.
(c) Any other changes or additions will require a permit modification in accordance with subsection 40E-63.439(2), F.A.C.
(4) Renewal: A permittee shall apply for a permit renewal prior to the expiration of an existing permit, subject to the following requirements and limitations:
(a) Applications for renewals must contain all information required for new applications and will be evaluated based on the criteria in effect at the time the application is filed.
(b) If the permittee allows the permit to expire prior to applying for a permit renewal, an application for a new permit shall be required.
Rulemaking Authority 373.044, 373.113, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592(4)(f) FS. History-New 11-9-10.