Fla. Admin. Code Ann. R. 62-330.310 - Operation and Maintenance
(1)
The permit authorizing construction or alteration must be converted to the
operation and maintenance phase once the construction or alteration has been
completed. The construction or alteration authorized under an individual permit
must be certified to be in compliance with the permit before conversion of the
permit to the operation and maintenance phase. Procedures for converting the
permit to the operation and maintenance phase, and transferring the permit to
the perpetual operation and maintenance entity are described in sections 12.2
and 12.2.1 of Volume I.
(2) If a
separate entity is to operate and maintain the project, the entity must have
the financial, legal, and administrative capability to perform operation and
maintenance, as described in sections 12.1 through 12.3.4 of Volume I. Transfer
of the permit to the operation and maintenance entity that was approved as part
of the permit does not require a permit modification.
(3) If the permittee desires to change or add
operation and maintenance entities after the permit is issued, or to allow for
multiple entities to operate portions of the project, a permit modification
under Rule 62-330.315, F.A.C., must be
requested and approved before transfer of the permit to the new entity or
entities. Such permit modification request must include a demonstration that
the new entity or entities meet the requirements of subsection (2), above. If
an interdependent system will have multiple operation and maintenance entities,
that modification request must also demonstrate that each entity that will
operate and maintain an interdependent part of the system has the capability to
operate and maintain all parts of the system necessary to remain in compliance
with all conditions of the permit.
(4)
(a) For
individual permits NOT associated with an individual, private single-family
dwelling unit, duplex, triplex, or quadruplex:
1. Upon completion of construction, and
following the general conditions in paragraphs
62-330.350(1)(f) and
(g), F.A.C., the permittee shall submit both
of the following to the permitting Agency:
a.
Form 62-330.310(1),
"As-Built Certification and Request for Conversion to Operation Phase, " which
is incorporated by reference herein (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09384);
and
b. Form
62-330.310(2),
"Request for Transfer of Environmental Resource Permit to the Perpetual
Operation and Maintenance Entity, " which is incorporated by reference herein
(June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09385).
2. The permit will be converted to the
operation and maintenance phase upon a certification by the permittee and
concurrence by the Agency that the entire project, or an independent portion of
the project, has been constructed in compliance with the permit.
3. The permit will be transferred to the
operation and maintenance entity once the Agency has verified that the entity
meets the requirements of section 12.3 of Volume I, all applicable operation
and maintenance documents have been recorded in accordance with section 12.3.4
of Volume I, and the entity has accepted responsibility for operation and
maintenance of the project or independent portion of the project. The entity is
required to sign Form
62-330.310(2),
except when the operation and maintenance entity has been accepted at the time
of issuance of the permit for the construction phase, or as part of a permit
modification.
(b) For
individual permits for an individual, private single family dwelling unit,
duplex, triplex, or quadruplex, the permit will automatically convert to the
operation and maintenance phase upon completion of construction and the
Agency's receipt from the permittee, in accordance with the general conditions
in paragraph 62-330.350(1)(f),
F.A.C., of a completed Form
62-330.310(3),
"Construction Completion and Inspection Certification for Activities Associated
with a Private Single-Family Dwelling Unit, " (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09386),
which is incorporated by reference herein, certifying that the project was
constructed in accordance with the permit.
(c) Copies of the above forms may be obtained
from the Agency, as described in subsection
62-330.010(5),
F.A.C.
(5) Projects
authorized under a general permit shall, upon completion, be operated and
maintained in perpetuity by the permittee and subsequent owners of the land on
which the project is located.
(6)
The operation and maintenance entity or entities shall remain liable for
compliance with the terms of the permit in perpetuity, unless the permit is
transferred in accordance with Rule
62-330.340, F.A.C., or the
permit is modified in accordance with subsection (3), above.
(7)
(a) The
operation phase of mining activities subject to the land reclamation
requirements of Chapter 378, F.S., shall terminate, without the need to apply
for abandonment of the permit, after the mine, or its subunits as applicable:
1. Has been successfully reclaimed in
accordance with Chapter 378, F.S., other than lands disturbed by mining
operations that are not subject to the requirements of Chapter 378,
F.S.;
2. Has met all success
requirements of the individual permit issued under Part IV of Chapter 373,
F.S.; when the construction phase of the permit includes all phases of
construction, abandonment, reclamation, and final success determination over
reclaimed lands; and
3. Does not
contain components that require long-term operation or maintenance, such as:
stormwater management systems; achievement of mitigation success criteria; work
in conservation easements requiring a permit under this chapter; state-owned
submerged lands authorizations; dams; above-grade impoundments; works; water
control structures; erosion and sedimentation controls; or dewatering
pits.
(b) If a mine is
already operating under an operation and maintenance phase of an individual
permit, such operation and maintenance phase shall be allowed to terminate upon
successful completion of all phases of reclamation and receipt of final success
determinations by the Agency over lands reclaimed in accordance with the rules
adopted pursuant to Chapter 378, F.S.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.416, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.4131, 373.4141, 373.416, 373.419, 373.426, 373.429 FS.
New 10-1-13, Amended 6-1-18.
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