(1) Applicants for permit modifications,
transfers and renewals must use the appropriate sections of Form 1045
(incorporated by reference in subsection
40E-63.430(2),
F.A.C.), or equivalent electronic permitting application (e-permitting)
tool.
(2) Modifications and Letter
Modifications: Letter modifications are applicable for requesting approval for
demonstration or verification plan projects for phosphorus reduction under Rule
40E-63.437, F.A.C., for early
implementation of water quality improvement activities under Rule
40E-63.438, F.A.C., for
implementing or modifying a voluntary Permit Basin Discharge Monitoring Program
under Rule
40E-63.462, F.A.C., and for
water quality improvement activities in accordance with subsection
40E-63.461(3) or
(4), F.A.C., if the C-139 Basin is determined
to be out of compliance with the water quality requirements of this part of
Chapter 40E-63, F.A.C., pursuant to Rule
40E-63.446, F.A.C. Applications
for modifications are applicable to any other changes except for clerical
changes as indicated in subsection
40E-63.443(3),
F.A.C.
A permittee may apply for a modification or a letter
modification to an existing General Permit issued under this part of Chapter
40E-63, F.A.C., unless the permit has expired or has been otherwise revoked or
suspended. An application for modification or letter modification will not be
processed as a complete application if the permit is not in compliance with
applicable permit conditions, unless the permit modification is required to
bring the permit into compliance. Modifications and letter modifications will
be evaluated based on the criteria in effect at the time that the application
to modify is submitted. Applications for permit modifications and letter
modifications shall be subject to the following requirements and
limitations:
(a) Applications to
modify an existing permit shall contain the same information required in a new
application, as applicable, and shall identify the portion of the existing
authorization for which the modification is requested.
(b) Modifications to existing permits are
acknowledged and approved by letter with an accompanying Permit Review Summary
(Staff Report) from the District through correspondence to the
permittee.
(3) Transfers:
A permittee shall notify the District within 30 days after any transfer, sale
or conveyance of land or works permitted under this part of Chapter 40E-63,
F.A.C., to allow time for processing the application. The permittee remains
responsible for the requirements of the permit until the permit is transferred
or closed at the request of the permit holder at the time the property is sold.
A permittee or transferee may apply for a permit transfer, conveying
responsibility for permit compliance. If an application for permit transfer is
not received, the permit will become nontransferable and the transferee will be
required to apply for a new permit. Permit transfers shall be subject to the
following requirements and limitations:
(a) A
permit may only be transferred if the land practice, total acreage, and
approved BMP Plan remain the same and the permittee is in compliance with all
conditions of the permit.
(b) All
conditions of the existing permit will remain applicable to the new
permittee.
(c) Any other changes or
additions will require a permit modification in accordance with subsection
40E-63.439(2),
F.A.C.
(4) Renewal: A
permittee shall apply for a permit renewal prior to the expiration of an
existing permit, subject to the following requirements and limitations:
(a) Applications for renewals must contain
all information required for new applications and will be evaluated based on
the criteria in effect at the time the application is filed.
(b) If the permittee allows the permit to
expire prior to applying for a permit renewal, an application for a new permit
shall be required.
