(1) This general permit
authorizes any structure, work, or activity remaining in place or undertaken
for mitigation, restoration, or environmental benefit in compliance with
either:
(a) The terms of a final written
Corps non-judicial settlement agreement resolving a violation of Section 404 of
the Clean Water Act; or the terms of an EPA 309(a) order on consent resolving a
violation of section 404 of the Clean Water Act, provided that:
1. The activities authorized by this general
permit cannot adversely affect more than five acres of state-assumed
waters;
2. The settlement agreement
provides for environmental benefits, to an equal or greater degree, than the
environmental detriments caused by the unauthorized activity that this general
permit is authorizing; and
3. The
Agency issues a verification letter authorizing the activity subject to the
terms and conditions of this general permit and the settlement agreement,
including a specified completion date; or
(b) The terms of a final federal court
decision decree, or settlement agreement resulting from an enforcement action
brought by the United States under section 404 of the Clean Water Act;
or
(c) The terms of a final court
decision, consent decree, settlement agreement, or non-judicial settlement
agreement resulting from a natural resource damage claim brought by a trustee
or trustees for natural resources (as defined by the National Contingency Plan
at 40 CFR, part
300, subpart G, incorporated by reference in paragraph
62-331.221(1)(a),
F.A.C., under Section 311 of the Clean Water Act, Section 107 of the
Comprehensive Environmental Response, Compensation and Liability Act, Section
312 of the National Marine Sanctuaries Act, section 1002 of the Oil Pollution
Act of 1990, or the Park System Resource Protection Act at
16 U.S.C.
19jj, to the extent that a State 404 program
permit is required.
(2)
Compliance is a condition of this general permit itself. Non-compliance of the
terms and conditions of an authorization under this general permit may result
in an additional federal and state enforcement action. Any authorization under
this general permit is automatically revoked if the permittee does not comply
with the terms of this general permit or the terms of the court decision,
consent decree, or judicial/non-judicial settlement agreement.
(3) This general permit does not authorize
any activities occurring after the date of the decision, decree, or agreement
that are not for the purpose of mitigation, restoration, or environmental
benefit.
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. 62-331.230
Rulemaking Authority 373.026(7), 373.043,
373.118 (1), 373.4131,
373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118,
373.129,
373.136,
373.413,
373.4131,
373.414,
373.4145,
373.4146,
373.416,
373.422,
373.423,
373.429
FS.
Adopted by
Florida
Register Volume 46, Number 146, July 28, 2020 effective
12/22/2020.
