Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-3 - REGULATION OF WELLS
Section 40D-3.341 - Revocation of Permits

Universal Citation: FL Admin Code R 40D-3.341

Current through Reg. 50, No. 187; September 24, 2024

(1) The Governing Board will revoke a permit, after notice and an opportunity for a hearing, upon a determination that one or more of the following has occurred.

(a) Material misstatement or misrepresentation in the application for a permit;

(b) Failure to comply with the provisions set forth in the permit;

(c) Disregard or violation of any of these rules or Chapter 373, Part III, F.S.; or

(d) Material change of circumstances or conditions from those existing at the time such permit was issued.

(2) Prior to the commencement of any activity for which a permit has been issued, the permittee, the property owner or the party in legal control of the subject property may request revocation of the permit. A request to revoke a permit shall be submitted to the District in writing. The party requesting revocation of a permit shall be deemed to have waived the right to notice and an opportunity to request a hearing under Section 120.60(5), F.S. The District will provide such notice and an opportunity to request a hearing to the other party(ies). Upon confirmation that no activity has taken place pursuant to the permit the District will revoke the permit provided no request for a hearing has been received.

(3) Submittal of a Completion Report pursuant to paragraph 40D-3.411(1)(a), F.A.C., is not required if a permit has been revoked.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.309, 373.313 FS.

New 10-5-74, Formerly 16J-3.11(4), Amended 7-1-90, 7-2-98, 2-1-05, 3-6-13.

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