Fla. Admin. Code R. 62-110.107

Current through Reg. 50, No. 244; December 17, 2024

Section 62-110.107 - Licensing

(1) In addition to the requirements for the processing of applications under subsections 28-107.002(2), 62-4.055(1), 62-312.006(5), paragraph 62-343.090(2)(f), and Rules 62-343.040, and 62-620.510, F.A.C., govern the processing of applications by the Department, providing that an applicant or petitioner must respond to a request for additional information within a specified time period or the application or petition will be denied or dismissed. For hazardous waste permits, subsection 62-730.220(9), F.A.C., governs, providing in accordance with federal requirements and Section 403.722(10)(c), F.S., that the Department must give notice of its intent to issue or deny such a pemit within 135 days (instead of the ninety-day period provided by Section 120.60(1), F.S.) after receipt of the original permit application, the last item of timely requested additional information, or the applicant's written request to begin processing the application. For Title V permits for air operations, paragraph 62-213.420(1)(b), F.A.C., governs, in accordance with federal requirements.

(2) When the Department has determined that immediate action is necessary to abate an imminent or currently existing serious threat to the public health, safety, welfare, or the environment, the Department shall issue an emergency order authorizing or directing activities necessary to abate the emergency. When such an order is issued in whole or part under the authority of Section 373.119(2), F.S., it may also be based on a serious threat to reasonable recreational, commercial, industrial, or agricultural uses. Such an order shall recite the factual basis for it in accordance with Section 120.569(2)(1), F.S., and include all conditions (including a limitation on the duration of the emergency authorization) required to ensure that the activity authorized or directed does not exceed that which is necessary to abate the threat. When the activity conducted under such an order has an operational or maintenance aspect that continues beyond the emergency, any necessary permits shall be applied for as soon as practicable. Rule 62-210.700, F.A.C., shall govern the authorization of excess emissions of air contaminants because of startup, shutdown, or malfunction, subsection 62-256.450(4), F.A.C., shall govern authorization of otherwise unapproved devices and fuels for outdoor heating in the event of prolonged cold weather and shortage of approved fuels, subsections 62-256.500(4), 62-256.600(1), and paragraph 62-296.320(3)(b), F.A.C., shall govern the emergency authorization of open burning, and subparagraph 62-296.404(3)(a) 3., F.A.C., shall govern the approval of contingency plans for emergency threats to air quality at pulp and paper mills. For the authorization of anticipated bypasses of wastewater discharges (intentionally diverted from any portion of a treatment works), subsection 62-620.610(22), F.A.C., shall govern. Rule 62-730.161, F.A.C., governs the procedures for obtaining an emergency identification number required before offering hazardous wastes for transport under specified special circumstances and emergency situations, and Rule 62-730.320, F.A.C., governs the procedures for emergency detonation or thermal treatment of reactive hazardous wastes.

(3) For certain minor activities related to dredging and filling, Rules 62-4.530, 62-312.800, and paragraph 62-343.090(1)(d), F.A.C., shall govern, providing an expedited procedure that allows the undertaking of an activity thirty days after submission of an application for a general permit, unless the Department has given notice before expiration of the thirty-day period that the proposed activity does not qualify for the general permit. For stormwater permitting within the geographical jurisdiction of the Northwest Florida Water Management District, subsection 62-25.801(1), F.A.C., shall govern, as authorized by Section 373.4145, F.S.

(4) In addition to the provisions of Rules 28-107.004 and 62-531.450, F.A.C., governs the discipline of water well contractors.

(5) Subsection 62-312.210(2), F.A.C., governs the Department's processing of applications for long-term wetland resource permits under Sections 373.414 and 373.4145, F.S., providing that the Department must act on such an application within 135 days of receipt of the original completed application, instead of the ninety days that otherwise would be required by Section 120.60(1), F.S. Subsection 62-730.220(9), F.A.C., governs the processing of applications for hazardous waste permits, likewise providing a deadline of 135 days in which the Department must approve or deny such a permit.

(6) If the Department determines that an applicant has submitted a substantial revision to a complete application, the Department shall notify the applicant of that determination and inform the applicant that the original application cannot be revised unless the applicant agrees in writing to waive the ninety-day deadline of Section 120.60(1), F.S., and restart the time for processing the application under that statute, and submits a complete, additional processing fee determined pursuant to the schedule set forth in Rule 62-4.050, F.A.C. For purposes of this subsection, the term "substantial revision" shall mean a revision reasonably expected to lead to significantly different environmental impacts and requiring a detailed review by the Department.

(7) For wetland resource permits within the geographical territory of the Northwest Florida Water Management District, and for grandfathered wetland resource permits in the rest of the state, the ninety-day period for action on a completed application shall be tolled by a request for a soils assessment.

Fla. Admin. Code Ann. R. 62-110.107

Rulemaking Authority 120.54(5), 373.026, 373.043, 373.044, 373.414, 373.418, 403.061, 403.087, 403.0877, 403.0885, 403.704, 403.72, 403.721, 403.726, 403.727, 403.8055, 403.814, 403.9328 FS. Law Implemented 120.54(5), 120.569(2), (1), 120.60, 373.026, 373.109, 373.117, 373.118, 373.119, 373.333, 373.409, 373.413, 373.414, 373.4145, 373.416, 373.417, 373.418, 373.419, 373.423, 373.426, 373.439, 376.13, 376.3078(6)(h), 403.031, 403.061, 403.087, 403.0877, 403.0872, 403.0885, 403.704, 403.721, 403.722(10), (12), 403.726, 403.813, 403.814 FS.

New 7-1-98.