Section 62-620.510 - Application Processing(1) Within 30 days after receipt of an application for permit and its processing fee, the Department shall notify the applicant if the application is not complete and shall request submittal of the additional information needed to review the application that the Department is authorized by law to request. If an applicant for a permit issued under Section 403.0885, F.S., and this chapter is required to submit with his application a preliminary design report, engineering report, or other design materials for review, the Department shall advise the applicant if the report or materials are deficient and shall request additional information as appropriate. All Department requests for additional information shall be made in accordance with Sections 120.60, 403.0875 and 403.0876, F.S. An applicant who constructs or modifies a facility under Section 403.0885, F.S., and this chapter, without a permit does so at his own risk and is prohibited from discharging wastes from the newly constructed facility or activity or the newly modified portion of a facility or activity without a permit.(2) If the application is for permit renewal, the Department shall specify a date for the submittal of the requested information.(3) Within 30 days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.(4) If the Department decides that a site visit is necessary in conjunction with processing the application, the applicant shall be notified and a visit scheduled.(5) If the applicant fails to provide information requested or to correct deficiencies noted in the application, which were either requested or notified in accordance with subsection (1), and the information or correction is necessary to meet the requirements of this chapter, the permit shall be denied. If the incomplete application is for renewal of an expiring permit and the renewal is denied, appropriate enforcement action shall be imposed on the applicant for continuing to discharge into waters after the denial is final.(6) The Department shall notify the applicant that the application is complete after receipt of all required information. The date on which the Department notifies the applicant that the application is complete is the effective date of the application.(7) When an application is complete, the Department shall determine whether to prepare a draft permit for issuance or denial of a permit. The initial preparation of a draft permit for issuance does not preclude the Department from denying a permit after an opportunity for public comment or public meeting, if requested.(8) The Department shall render a decision as to whether the draft permit will be for issuance or denial within 90 days after the Department has received all of the information necessary to make the application complete. If this time schedule is not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.(9) If the Department intends to deny the permit application, it shall issue a notice of intent to deny. Public notice under subsection 62-620.550(2), F.A.C., shall not be required. However, the Department shall prepare a statement of basis or fact sheet with the reasons for the proposed action. If the decision to deny is changed, except through an administrative hearing under Section 120.57, F.S., the Department shall withdraw the notice of intent to deny and shall proceed to prepare a draft permit. If the applicant requests an administrative hearing under Section 120.57, F.S., on the Department intent to deny, the applicant shall publish notice of proposed agency action under subsections 62-620.550(1) and 62-110.106(7), F.A.C. Upon completion of the administrative hearing, the Department shall issue or deny the permit in accordance with the conclusions of the proceedings, provided the applicant has published notice as required in subsections 62-620.550(1) and 62-110.106(7), F.A.C. If the applicant has not published notice as required in these rules, the Department shall proceed to prepare a draft permit.(10) If the Department intends to prepare a draft permit for issuance, it shall prepare and mail to the applicant, not later than the effective date of the application, a project decision schedule. The schedule shall specify, at a minimum, target dates for the following: (a) Preparation of a draft permit;(b) Public notice, if required, under subsections 62-620.550(2) through (4), F.A.C.;(c) Completion of the public comment period, including any public meeting, if held;(d) Issuance of a final permit or submittal of a proposed permit to EPA;(e) Public notice, if required, under subsection 62-110.106(7), F.A.C.; and, (f) Completion of any focal proceedings which may be associated with the application.(11) A draft permit for issuance shall contain the following information: (a) All conditions the applicant must meet;(b) All applicable compliance schedules;(c) All monitoring requirements; and,(d) All reclaimed water or effluent limitations, flow limitations, criteria, prohibitions, criteria for residuals or industrial sludge handling, all general conditions, and all variances, if applicable.(12) All draft permits shall be accompanied by a statement of basis or a fact sheet on which the Department relied in making its decision. The statement of basis or fact sheet shall be prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C.(13) For discharges of wastes into waters regulated under Section 403.0885, F.S., and this chapter, the Department shall, as a part of public notice under subsections 62-620.550(2) through (4), F.A.C., and in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., request comments from the U.S. Army Corps of Engineers, the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service.(14) Comments from the public under subsections 62-620.550(2) through (4), F.A.C., shall be considered in evaluation of the draft permit. Comments received from the agencies listed in subsection (13) of this section shall be considered as described in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C. If a permit is issued, the Department shall prepare a response to the significant comments in accordance with Rule 62-620.555, F.A.C.(15) The administrative record of the draft permit shall be available for public inspection at the Department office issuing the permit and shall consist of:(a) The application and any supporting data provided by the applicant;(c) The statement of basis or fact sheet;(d) All documents cited in the statement of basis or fact sheet; and,(e) Other documents contained in the supporting file.(16) Material readily available at the Department office issuing the permit or published material that is generally available that is included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.(17) The Department shall:(a) Prepare a proposed permit for discharges of wastes regulated under Section 403.0885, F.S., after the close of the public comment period under subsections 62-620.550(2) through (4), F.A.C., or, if requested, after any public meeting under Rule 62-620.555, F.A.C.;(b) Prepare a final permit for other discharges of wastes after public notice under subsection 62-620.550(1), F.A.C., or, if requested, after an administrative hearing.(18) Except as waived by EPA in a Memorandum of Agreement with the Department, for discharges of wastes regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall submit the proposed permit to the EPA for its concurrence in the Department decision. (a) If EPA concurs, the Department shall issue a final permit.(b) If EPA objects to issuance of the permit, in accordance with 40 CFR 123.44 and in writing within 90 days of submittal to EPA, and the Department fails to submit to EPA a revised permit satisfying the objections in accordance with the following timeframe, exclusive authority to issue the NPDES permit under 33 U.S.C. 1342 passes to EPA and the Department retains authority to issue a state permit under Section 403.088, F.S. The Department shall have 90 days from receipt of the EPA objections, or 30 days from the date of a public hearing on the objections, to submit a revised permit to EPA. The Department shall advise the applicant of the EPA objections.(c) Upon receipt of the EPA concurrence, the Department shall prepare and send to the applicant for publication the public notice required under subsection 62-620.550(1), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing.(19) Permits shall be issued or denied as follows:(a) For a facility or activity regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall grant a permit within 30 days after the Department has received concurrence from the EPA on the proposed permit. For a facility or activity regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall deny the permit application within 30 days after public notice of the decision to deny as required under subsection 62-620.550(1), F.A.C.(b) For a wastewater facility not regulated under Section 403.0885, F.S., the Department shall grant a permit or deny the permit application within 30 days after public notice of the decision on the draft permit as required under subsection 62-620.550(1), F.A.C.(c) The time for issuing a permit or denying a permit application shall be tolled by the timely filing of a request for an administrative hearing under Section 120.569, F.S. The time shall be tolled until 45 days after the submission of a recommended order or until the administrative petition is dismissed or withdrawn.(d) If these time schedules are not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.(20) Only that portion of the permit which authorizes a discharge regulated under section 402 of the CWA, as amended, shall be submitted to the EPA for review under that section. A permit includes any draft permit, proposed permit, or final permit described in this chapter.Fla. Admin. Code Ann. R. 62-620.510
Rulemaking Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.051, 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS.
New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.