(1) Individual permits shall contain the
general conditions for individual permits in subsection
62-330.350(1),
F.A.C., as applicable, and any specific conditions necessary to assure that the
activities will be conducted in compliance with this Chapter, and in a manner
which minimizes adverse impacts upon the physical, chemical, and biological
integrity of wetlands or other surface waters, such as mitigation requirements
and protection measures for listed species or historical resources.
(2) Individual permits shall contain the
following conditions in addition to those described in subsection (1), above:
(a) The permittee shall comply with all
conditions of the permit, even if that requires halting or reducing the
permitted activity to maintain compliance. Any permit violation constitutes a
violation of Part IV of Chapter 373, F.S., and this chapter, as well as a
violation of the CWA.
(b) The
permittee shall take all reasonable steps to prevent any unauthorized dredging
or filling in violation of this permit.
(c) The permittee shall timely notify the
Agency of any expected or known actual noncompliance.
(d) Upon Agency request, the permittee shall
provide information necessary to determine compliance status, or whether cause
exists for permit modification, revocation, or termination.
(e) Inspection and entry. The permittee shall
allow the Agency, upon presentation of proper identification, at reasonable
times to:
1. Enter upon the permittee's
premises where a regulated activity is located or where records must be kept
under the conditions of the permit,
2. Have access to and copy any records that
must be kept under the conditions of the permit,
3. Inspect operations regulated or required
under the permit, and
4. Sample or
monitor, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location.
Editor notes:
The effective date of the
rule will be the effective date of assumption, which is the date identified by
EPA as published in the Federal Register ยง
373.4146,
F.S.
Notes
Fla. Admin.
Code Ann. R. 62-331.054
Rulemaking Authority 373.026(7), 373.043, 373.4131,
373.4135, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented
373.042,
373.409,
373.413,
373.4131,
373.4132,
373.4135,
373.4136,
373.414,
373.4141,
373.4142,
373.4145,
373.4146,
373.416,
373.426,
373.429,
704.06
FS.
Adopted by
Florida
Register Volume 46, Number 146, July 28, 2020 effective
12/22/2020.
