Florida Regulations 62-620.335: Renewals
Current as of: 2024 | Check for updates
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(1) A permittee shall submit an application to renew an existing permit at least 180 days before the expiration date of the existing permit or as otherwise specified in the generic permit issued under Fl. Admin. Code Chapter 62-621
(2) The permittee shall apply on the appropriate form listed in Fl. Admin. Code R. 62-620.910, and in the manner established in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620 or 62-621, F.A.C., including submittal of the appropriate processing fee set forth in Fl. Admin. Code R. 62-4.050
(3) An application filed in accordance with subsections (1) and (2), of this rule, shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.
(4) The late submittal of a renewal application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.
(5) The following are causes for denying a permit renewal:
(a) Violation by the permittee of any condition of the permit;
(b) The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time;
(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination;
(d) A change in any condition that requires either a temporary or permanent reduction or elimination of any discharge, any domestic wastewater reuse or disposal system, or any domestic residuals use or disposal practice controlled by the permit;
(e) Failure to submit required information or required fees;
(f) Failure to pay annual fees or penalty assessments for noncompliance, or
(g) After review of the application and the information on monitoring and monthly reports, the Department determines that the applicant has not provided reasonable assurance that the wastewater facility or activity will be operated in accordance with Florida Statutes Chapter 403, and applicable Department rules.
Rulemaking Authority 120.60, 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History-New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.
(3) An application filed in accordance with subsections (1) and (2), of this rule, shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.
(4) The late submittal of a renewal application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.
(5) The following are causes for denying a permit renewal:
(a) Violation by the permittee of any condition of the permit;
(b) The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time;
(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination;
(d) A change in any condition that requires either a temporary or permanent reduction or elimination of any discharge, any domestic wastewater reuse or disposal system, or any domestic residuals use or disposal practice controlled by the permit;
(e) Failure to submit required information or required fees;
(f) Failure to pay annual fees or penalty assessments for noncompliance, or
(g) After review of the application and the information on monitoring and monthly reports, the Department determines that the applicant has not provided reasonable assurance that the wastewater facility or activity will be operated in accordance with Florida Statutes Chapter 403, and applicable Department rules.
Rulemaking Authority 120.60, 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History-New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.