Modification of permits shall be conducted in accordance with
subsections 62-330.315(1) through
(3), F.A.C., and section 6.2 of Volume I, as
applicable. Suspension or revocation of permits shall be conducted in
accordance with Section
373.429, F.S. In addition,
modification, suspension, or revocation of permits is subject to the
following:
(1) The following shall be
processed as minor modifications. Any activity not covered below shall be
processed as a major modification:
(a)
Correction of typographical errors;
(b) Requiring more frequent monitoring or
reporting by permittee;
(c)
Changing ownership or operational control of a project or activity where the
Agency determines that no other change in the permit is necessary, provided
that a written agreement containing a specific date for transfer of permit
responsibility, coverage, and liability between the current and new permittees
has been submitted to the Agency;
(d) Minor modifications of project plans that
do not significantly change the character, scope, and/or purpose of the project
or result in significant change in environmental impact. The Agency shall use
the factors in section 6.2.1(d) of Volume I, as applicable, to determine
whether the modification will be considered minor;
(e) Extending the term of an individual
permit to the amount of time reasonably needed to complete the project, but not
to exceed the maximum duration allowed under federal law and so long as the
modification does not result in any increase in the amount of material to be
dredged or used as fill.
(2) The Agency shall reevaluate the
circumstances and conditions of a permit at any time, either on its own motion
or at the request of the permittee or a third party and determine whether to
initiate action to modify, suspend, or revoke a permit if sufficient cause
exists. Sufficient cause exists when any one of the following factors are
present:
(a) Permittee's noncompliance with
any of the terms or conditions of the permit;
(b) Permittee's failure in the application or
during the permit issuance process to fully disclose all relevant facts or the
permittee's misrepresentation of any relevant facts at the time;
(c) Information that activities authorized by
a general permit are having more than minimal individual or cumulative adverse
effect on the environment, or that the permitted activities are more
appropriately regulated by individual permits;
(d) Circumstances relating to the authorized
activity have changed since the permit was issued and changed permit conditions
or temporary or permanent cessation of any dredge or fill activity controlled
by the permit are justified;
(e)
Any significant information relating to the activity authorized by the permit
if such information was not available at the time the permit was issued and
would have justified the imposition of different permit conditions or denial at
the time of issuance;
(f) Revisions
to applicable statutory or regulatory authority, including toxic effluent
standards or prohibitions or water quality standards.
(3) Extensions of permits.
(a) Individual permits shall not be extended
beyond the maximum duration allowed under federal law.
(b) General permits shall not be
extended.
(4) Public
notice.
(a) Minor modifications shall not be
subject to the public notice requirements in Rule
62-331.060, F.A.C.
(b) Major modifications shall be subject to
the public notice requirements in Rule
62-331.060, F.A.C. However, only
the conditions subject to modification shall be re-opened.
(c) Revocation and suspension of permits
shall be effective upon the permittee's receipt of notification from the Agency
of such revocation or suspension. Public notice of the revocation or suspension
shall be made in accordance with Rule
62-331.060, F.A.C.
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.
