Florida Regulations 62-4.530: Procedures
Current as of: 2024 | Check for updates
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(1) Persons wishing to use one or more of the general permits set forth in the Department’s rules shall, at least 30 days before beginning any work, notify the Department in writing or on forms adopted by the department. They shall describe the proposed project, and include supporting documents depicting the proposed project, its location, and other pertinent information as required by rule to demonstrate that they qualify for the requested general permit. Persons wishing to use a general permit shall notify the appropriate office of the Department in writing. Persons wishing to use a general permit are hereby placed on notice that projects undertaken without proof of notice to the Department shall be considered as being undertaken without a permit and shall be subject to enforcement pursuant to Florida Statutes § 403.161
(2) A proposed project which may be reasonably expected to violate air quality standards, water quality standards, or drinking water standards or which will not meet the public interest requirements set forth in Florida Statutes Chapter 403, shall not be entitled to use of a general permit.
(3) Pursuant to Florida Statutes § 258.397, no project which is located in the Biscayne Bay Aquatic Preserve is eligible for a general permit.
(4) Suspension or revocation of the use of a general permit shall be in accordance with Florida Statutes Chapter 120 Good cause for the suspension or revocation shall include:
(a) Submission of false or inaccurate information in the notification for use of a general permit or in the required reports;
(b) Violation of law, Department orders, rules or permit conditions;
(c) Refusal of lawful inspection under Florida Statutes § 403.091, or
(d) Any other act on the part of the permittee in the use of the general permit which results or may result in harm or injury to human health or welfare, or which causes harm or injury to animal, plant or aquatic life, or to property.
(5) Unless otherwise required as part of a specific category of general permit, persons qualifying for the use of a general permit are not required to, but may, publish in a newspaper of general circulation in the area affected by the proposed project a notice of intent to use a general permit. The notice, if published, shall follow substantially the format in Fl. Admin. Code R. 62-103.150, and shall be published within 14 days of the date when the department receives notification pursuant to subsection 62-4.530(1), F.A.C. No person who has published notice shall begin work until after the 21 days for requesting a hearing has passed or a hearing is held and a decision is rendered.
(6) Any person complying with the requirements of a general permit may use the permit 30 days after giving notice to the Department without any agency action. When no agency action is taken, unless the Department or the applicant publishes notice of the application, the provisions of Florida Statutes Chapter 120, granting to affected parties the right to an administrative hearing do not apply.
Rulemaking Authority Florida Statutes § 403.814(1). Law Implemented 258.397, 403.061, 403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS. History-New 7-8-82, Amended 6-16-84, Formerly 17-4.53, Amended 8-31-88, 3-19-90, Formerly 17-4.530.
(3) Pursuant to Florida Statutes § 258.397, no project which is located in the Biscayne Bay Aquatic Preserve is eligible for a general permit.
(4) Suspension or revocation of the use of a general permit shall be in accordance with Florida Statutes Chapter 120 Good cause for the suspension or revocation shall include:
(a) Submission of false or inaccurate information in the notification for use of a general permit or in the required reports;
(b) Violation of law, Department orders, rules or permit conditions;
(c) Refusal of lawful inspection under Florida Statutes § 403.091, or
(d) Any other act on the part of the permittee in the use of the general permit which results or may result in harm or injury to human health or welfare, or which causes harm or injury to animal, plant or aquatic life, or to property.
(5) Unless otherwise required as part of a specific category of general permit, persons qualifying for the use of a general permit are not required to, but may, publish in a newspaper of general circulation in the area affected by the proposed project a notice of intent to use a general permit. The notice, if published, shall follow substantially the format in Fl. Admin. Code R. 62-103.150, and shall be published within 14 days of the date when the department receives notification pursuant to subsection 62-4.530(1), F.A.C. No person who has published notice shall begin work until after the 21 days for requesting a hearing has passed or a hearing is held and a decision is rendered.
(6) Any person complying with the requirements of a general permit may use the permit 30 days after giving notice to the Department without any agency action. When no agency action is taken, unless the Department or the applicant publishes notice of the application, the provisions of Florida Statutes Chapter 120, granting to affected parties the right to an administrative hearing do not apply.
Rulemaking Authority Florida Statutes § 403.814(1). Law Implemented 258.397, 403.061, 403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS. History-New 7-8-82, Amended 6-16-84, Formerly 17-4.53, Amended 8-31-88, 3-19-90, Formerly 17-4.530.