(1) Permits in the Operation and Maintenance
Phase - Projects constructed in accordance with the terms and conditions of a
general permit are automatically authorized to be operated and maintained by
the permittee and subsequent owners. A permittee with a valid individual permit
in the operation and maintenance phase under this chapter or Chapter 62-342,
F.A.C., shall notify the Agency electronically or in writing within 30 days of
a change in ownership or control of the entire real property, project, or
activity covered by the permit. A processing fee is not required for this
notice. The permit shall automatically transfer to the new owner or person in
control, except in cases of abandonment, revocation, or modification of a
permit as provided in Sections
373.426 and
373.429, F.S. If a permittee
fails to provide written notice to the Agency within 30 days of the change in
ownership or control, or if the change does not include the entire real
property or activity covered by the permit, then the transfer shall be governed
by subsections (2) through (4), below.
(2) Except as provided in subsection (1),
above, and in section 6.3.1 of Volume I, or as otherwise required in an
individual or conceptual approval permit, or for activities authorized under a
general permit, a permittee shall notify the Agency electronically or in
writing within 30 days of any change in ownership or control of any portion of
the real property upon which an activity is permitted under this chapter or
Chapter 62-342, F.A.C. A person who obtains an interest in or control of such
real property shall:
(a) Request transfer of
the permit to become the new permittee or modification of the permit to become
a co-permittee; or
(b) Provide
written documentation of the following:
1.
Certification that the permittee continues to retain sufficient real property
interest over the land upon which the activities subject to the permit will be
conducted as described in section 4.2.3(d) of Volume I; and
2. Authorization for Agency staff with proper
identification to enter, inspect, sample and test the project or activities to
ensure conformity with the plans and specifications authorized in the
permit.
(3) The
person requesting transfer of the permit shall submit to the Agency a completed
Form
62-330.340(1),
"Request to Transfer Environmental Resource and/or State 404 Program Permit, "
incorporated by reference herein (December 22, 2020) (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12039),
a copy of which may be obtained from the Agency, as described in subsection
62-330.010(5),
F.A.C., together with the permit modification fee prescribed by the Agency as
set forth in Rule
62-330.071, F.A.C. A proposed
new permittee shall demonstrate that it has sufficient real property interest
in or control over the land consistent with subsection
62-330.060(3),
F.A.C.
(a) The Request to Transfer
Environmental Resource and/or State 404 Program Permit shall be processed in
the same manner as a minor modification as provided in subsection
62-330.315(2),
F.A.C.
(b) The proposed new
permittee shall include demonstration or documentation with the request that it
meets the requirements for being an acceptable operation and maintenance entity
provided in subsections
62-330.310(2) and
(3), F.A.C., if
applicable.
(4) Upon
receipt of the completed Request to Transfer Environmental Resource and/or
State 404 Program Permit form and applicable processing fee, the Agency shall
approve the permit transfer unless it determines that the proposed permittee or
co-permittee has failed to provide reasonable assurances that it qualifies to
be a permittee or that it can meet the permit conditions.
(a) If the Agency proposes to deny the
transfer, it shall provide both the current permittee and the proposed
permittee with notice of proposed agency action of denial, and of the right to
request an administrative hearing pursuant to Chapter 120, F.S.
(b) Failure of the permittee to notify the
Agency in writing within 30 days of a change in ownership or control shall not,
by itself, render a permit invalid. When it does not appear the current
permittee has met the requirements of subsection (2), above, or has not
otherwise approved or been made aware of the request to transfer the permit,
upon transfer of the permit to the new permittee, the Agency will provide
notice to the former permittee, at its last known address, advising of the
permit transfer, together with a notice of rights under Chapter 120,
F.S.
(5) A permittee from
whom the permit is transferred shall:
(a) Be
jointly and severally liable with the new owner or permittee for compliance
with the permit and for any corrective actions that may be required as a result
of violations of the permit or Agency rule on the property prior to permit
transfer; and
(b) Remain jointly
and severally liable for any corrective actions that are required as a result
of any violations of the permit that occurred prior to the change in ownership
or control of the property upon which the permitted project or activity is
located.
(6) Upon
transfer of a permit, the new permittee shall comply with all terms and
conditions of the permit.
Notes
Fla. Admin.
Code Ann. R. 62-330.340
Rulemaking Authority 373.026(7), 373.043,
373.118, 373.4131, 373.4145,
373.418, 403.805(1) FS. Law Implemented 373.118,
373.109,
373.413,
373.4131,
373.4142,
373.4145,
373.416,
373.426,
373.429,
668.003,
668.004,
668.50
FS.
New 10-1-13, Amended by
Florida
Register Volume 44, Number 085, May 1, 2018 effective
6/1/2018, Amended by
Florida
Register Volume 46, Number 127, June 30, 2020 effective
12/22/2020.
New 10-1-13, Amended 6-1-18,
12-22-20.