Current through Reg. 50, No. 187; September 24, 2024
(1) Application
procedures for environmental resource permits are set forth in Chapter 62-330,
F.A.C. The following procedures for processing permit applications or notices
of intent apply in addition to the requirements of Section
120.60, F.S. and Chapter 28-106,
F.A.C.
(a) Within 30 days of receipt of an
application or notice of intent, the District shall review the application to
determine whether all information needed to evaluate the application has been
submitted. The District shall notify the applicant of the date on which the
application is declared complete.
(b) If the District determines that the
application is incomplete, the District shall request the information needed to
complete the application within 30 days of its receipt. The applicant shall
have 90 days from receipt of a timely request for additional information to
submit that information to the District.
(c) The District may request information
needed to clarify any additional information submitted by the applicant, or to
answer new questions raised by or related to the additional information within
30 days of its receipt. The applicant shall have 30 days from receipt of such a
request in which to provide the necessary information. If the application is
still incomplete after such information is submitted, the District shall notify
the applicant within 30 days. The applicant shall have an additional 30 days to
complete the application.
(d)
Failure of an applicant to provide the timely requested information within
these timeframes shall be considered grounds for denial of the application.
Denial of an application for lack of completeness is without prejudice to the
applicant's right to file a new application on the same subject matter. The
District shall grant an extension upon a showing of a good faith effort by the
applicant to comply with the timelines set forth herein. Unless an extension of
time has been granted by the District, any application which remains incomplete
240 days after the original submittal date of an individual permit application
or 90 days after the original submittal date of a notice of intent for general
permit, shall be denied without prejudice.
(e) If the applicant submits information,
either in response to or independent of a request by the District, which
incorporates or results in a substantial modification in the proposed activity
for which the applicant seeks a permit, the application will be considered an
amended application. For purposes of this subsection, the term "substantial
modification" shall mean a modification reasonably expected to result in water
resource or environmental impacts which differ from those expected from the
original application and require detailed review. Review timelines of the
permit application or notice of intent will be reinitiated under this
section.
(2) Upon a
determination by the District that the activity requested in the notice of
intent for any general permit requires an individual permit, the notice of
intent shall be processed as an application for an individual permit, unless
the permit applicant withdraws the application. If the application is processed
as an individual permit, the permit applicant will be required to submit
payment equal to the difference between the applicable fee for the individual
permit and the fee previously submitted.
(3)
(a)
Agency action on all other individual permits and standard permits shall occur
within 90 days of receipt of a complete application, including receipt of all
requested information and correction of any error or omission of which the
applicant was timely notified.
(b)
An authorization to proceed for noticed general water use permits in Chapter
40E-2, F.A.C., shall occur within 30 days of receipt of a complete notice of
intent, unless a notice that the project does not qualify for the noticed
general water use permit is sent by regular United States mail or electronic
mail by the District within 30 days. If notice that the proposed project does
not qualify for a noticed general water use permit is sent to the applicant,
the review process under subsection (1) shall be initiated or the applicant
shall be required to apply for the appropriate
permit.
Rulemaking Authority
373.044,
373.113,
373.171,
373.4131 FS. Law Implemented
120.60,
373.085,
373.107,
373.109,
373.116,
373.118,
373.229,
373.309,
373.323,
373.4131,
373.4141,
373.417,
373.421,
373.422 FS.
New 9-3-81, Formerly 16K-1.08(1)-(8), Amended 7-1-86,
7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1-96, 7-2-98, 6-12-00, 10-1-06, 12-1-11,
10-23-12, 10-1-13, 7-14-14.
