Current through Reg. 50, No. 187; September 24, 2024
(1)
Transfer of Ownership or Control. Within 30 days of any transfer of ownership
or control of the real property at which any permitted facility, system or
activity solely authorized under paragraph
62-330.020(2)(i),
F.A.C., and section 1.2.3 of the document entitled "Environmental Resource
Permit Applicant's Handbook, Volume II: For Use Within the Geographic Limits of
the St. Johns River Water Management District, " which is incorporated by
reference in paragraph
40C-4.091(1)(a),
F.A.C., for a permit under chapter 40C-44, F.A.C. (hereafter referred to as a
"40C-44 system or activity"), or consumptive use is located or authorized, or
transfer of ownership or control of any such facility, system, activity, or
well with a permitted consumptive use, the permittee must notify the District
in writing of the transfer, giving the name and address of the new owner or
person in control and providing a copy of the instrument effectuating the
transfer.
(2) Transfer of Permit.
(a) Transfer without Conversion to Operation
Phase. To transfer a permit that does not involve a conversion of a
construction permit for a 40C-44 system or activity to its operation phase, the
permittee must provide the information required in subsection (1), above,
together with a written statement from the proposed transferee that it will be
bound by all terms and conditions of the permit. Additionally, where
applicable, the proposed transferee must demonstrate that it is capable of
constructing, operating, and maintaining the permitted facility, 40C-44 system
or activity, consumptive use, or well. Once the required information has been
provided, the District shall transfer the permit to the proposed transferee in
accordance with paragraph (5)(a), below. A permit issued pursuant to chapter
62-330 or 62-342, F.A.C., other than a permit for a 40C-44 system or activity,
shall not be subject to this rule.
(b) Transfer with Conversion to Operation
Phase. To transfer a construction permit for a 40C-44 system or activity to its
operation phase, a written statement from the proposed transferee is not
required when the permit transfer would be to the operation and maintenance
entity approved by the permit. Otherwise, all remaining requirements in
paragraph (2)(a), above, apply to a request under paragraph (2)(b). Once the
required information has been provided, the District shall convert the permit
to its operation phase and transfer the permit to the proposed transferee in
accordance with paragraph (5)(b), below.
(c) Transfer of an Operating Permit for
Entire 40C-44 System or Activity. Except as otherwise provided in sections
373.426 and
373.429, F.S., when a permittee
notifies the District in writing within 30 days of a change in ownership or
control of an entire 40C-44 system or activity covered by a 40C-44 operating
permit, the District shall transfer that operating permit to the new owner or
person in control. If the permittee fails to notify the District in writing
within 30 days of the change in ownership or control or if a transfer of
ownership or control does not include the entire permitted 40C-44 system or
activity, then the transfer shall be governed by paragraphs (2)(a) and
(5)(a).
(3) The permittee
is encouraged to request a permit transfer prior to the sale or legal transfer
of the real property at which a permitted facility, 40C-44 system or activity,
or consumptive use is located or authorized. However, the permit transfer shall
not be effective prior to the sale or legal transfer.
(4) Until the permit transfer has occurred,
the permittee and any other person constructing, operating, or maintaining the
permitted facility or system shall be liable for compliance with the terms of
the permit. The permittee transferring the permit shall remain liable for
corrective actions that may be required as a result of any violations occurring
prior to the transfer of the permit.
(5) Timeframes for Transfers.
(a) Transfer without Conversion to Operation
Phase. Except for those transfers associated with the conversion of a
construction permit for a 40C-44 system or activity to its operation phase
(which are addressed in paragraph (5)(b), below), the District shall transfer a
permit within 5 days of receiving a complete request for transfer pursuant to
subsection (1) and paragraph (2)(a), above. However, the District may toll the
time for the transfer by notifying the permittee, within 30 days of receipt of
the request, that additional information is required to adequately review the
transfer request pursuant to subsection (1) and paragraph (2)(a), above, or
that deficiencies in the permitted facility, 40C-44 system or activity,
consumptive use, or well must be corrected prior to transfer. Within 30 days of
receipt of the additional information that meets the requirements of subsection
(1) and paragraph (2)(a), above, and of verification of the corrected
deficiencies, the District shall transfer the permit. If the District therafter
fails to transfer the permit within 30 days, the transfer shall be deemed
approved. If the permittee fails to provide the requested information within 90
days of receipt of the request for additional information, then the request for
transfer shall be subject to administrative denial without prejudice and the
provisions of rule 40C-1.1008, F.A.C., shall
apply.
(b) Transfer with Conversion
to Operation Phase. Within 60 days of receiving a complete request to convert a
construction permit for a 40C-44 system or activity to its operation phase and
to transfer the permit to the operation and maintenance entity, pursuant to
paragraph (2)(b), above, the District shall convert the permit from its
construction phase to its operation phase and transfer the permit to its
operation and maintenance entity. However, the District may toll the time by
notifying the permittee, within 30 days of receipt of the request, that
additional information is required to adequately review the request, pursuant
to subsection (1) and paragraph (2)(b), above, or that deficiencies in the
permitted system or activity must be corrected prior to conversion and
transfer. Within 30 days of receipt of the additional information that meets
the requirements of subsection (1) and paragraph (2)(b), above, and of
verification of the corrected deficiencies, the District shall convert the
construction permit to its operation phase and transfer the permit to the
operation and maintenance entity. If the District thereafter fails to convert
or transfer the permit within 30 days, the conversion and transfer shall be
deemed approved. If the permittee fails to provide the requested information
within 90 days of receipt of the request for additional information, then the
request for transfer shall be subject to administrative denial without
prejudice and the provisions of rule
40C-1.1008, F.A.C., shall
apply.
(c) Transfer of an Operating
Permit for Entire 40C-44 System or Activity. Except as otherwise provided in
sections 373.426 and
373.429, F.S., the District
shall transfer a 40C-44 operating permit for an entire 40C-44 system or
activity to the new owner or person in control within 60 days of receiving
written notice in accordance with paragraph (2)(c), above.
(6) For any system or activity authorized by
a permit issued pursuant to chapters 40C-4, 40C-40, or 40C-42, F.A.C., before
(October 1, 2013), the provisions in subsections (1) through (5), above, shall
apply except that any references to 40C-44 systems or activities will be
replaced with the rule chapter that authorized the permit (chapter 40C-4,
40C-40, or 40C-42, F.A.C.).
Rulemaking Authority
373.044,
373.113 FS. Law Implemented
373.083,
373.171,
373.309,
373.413,
373.413,
373.4131,
373.416,
373.426,
373.429,
373.436
FS.
New 8-1-89, Amended 10-19-89, 7-20-95, 11-6-95, 10-1-13,
6-1-18.
