Fla. Admin. Code Ann. R. 62-330.062 - Water Quality Certification and Costal Zone Consistency Concurrence

(1) A State Water Quality Certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341, shall be provided as described below.

(a) A complete application for an individual or conceptual approval permit shall constitute an application for certification of compliance with state water quality standards for activities that require an associated Department of the Army permit or license under Section 404 of the Clean Water Act, 33, U.S.C. 1344. Issuance of the individual or conceptual approval permit under this chapter shall constitute certification of compliance with water quality standards, unless water quality certification is waived in accordance with paragraph (1)(c), below.

(b) State water quality certification is granted when an activity meets all the terms and conditions of a general permit under Rule 62-330.052, F.A.C., and the applicable Rules 62-330.401 through 62-330.635, F.A.C.

(c) State water quality certification is waived for activities:

1. That are not regulated under Rule 62-330.020, F.A.C.

2. That are exempt under Rule 62-330.051 or 62-330.0511, F.A.C.

3. That require net improvement of water quality under Section 373.414(1)(b), F.S., including permits issued under Rule 62-330.055, F.A.C.

4. When the individual or conceptual approval permit is not issued or denied within 365 days of the date the application is deemed complete by the Agency.

5. When the permit or authorization expressly waives water quality certification.

(2) A complete application for an individual or conceptual approval permit for activities located in or seaward of coastal counties, and, in whole or in part, in, on, or over wetlands or other surface waters, shall also constitute a request for the State's concurrence that the activities are consistent with the enforceable policies included in the Florida Coastal Management Program (FCMP) under the "Coastal Zone Management Act" (CZMA), 16 U.S.C. Sections 1451-1466, and its implementing regulations, 15 C.F.R. Part 930 . In accordance with Section 380.23, F.S.:

(a) Qualification for a general permit, or issuance of an individual or conceptual approval permit shall constitute the state's concurrence that the activity is consistent with the enforceable policies included in the FCMP.

(b) Applications for federally permitted or licensed activities that qualify for an exemption under Section 373.406 or 403.813(1), F.S., and this chapter, or the "10/2" general permit under Section 403.814(12), F.S., are not eligible to be reviewed for federal consistency with Part IV of Chapter 373, F.S. The U.S. Army Corps of Engineers (Corps) or any designated federal, state or local agency administering general permits on behalf of the Corps under 33 C.F.R. Section 325.2(b)(2) may presume such exempt activities are consistent with the permitting Agency's authorities within the FCMP, provided the activity receives any applicable authorization to use and occupy state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S.

Notes

Fla. Admin. Code Ann. R. 62-330.062

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 380.23(4), 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4131, 373.4141, 373.4145, 373.416, 373.426, 373.428, 380.23, 403.0877 FS.

New 10-1-13, Amended by Florida Register Volume 44, Number 085, May 1, 2018 effective 6/1/2018.

New 10-1-13, Amended 6-1-18.