(1) The following
installations are exempted from the permit requirements of this chapter. The
following exemptions do not relieve any installation from any other
requirements of Chapter 403, F.S., or rules of the Department. Other
installations may be exempted under other chapters of Title 62.
(a) Structural changes which will not change
the quality, nature or quantity of air and water contaminant emissions or
discharges or which will not cause pollution.
(b) Any existing or proposed installation
which the Department shall determine does not or will not cause the issuance of
air or water contaminants in sufficient quantity, with respect to its
character, quality or content, and the circumstances surrounding its location,
use and operation, as to contribute significantly to the pollution problems
within the State, so that the regulation thereof is not reasonably justified.
Such a determination is agency action and is subject to Chapter 120, F.S. Such
determination shall be made in writing and filed by the Department as a public
record. Such determination may be revoked if the installation is substantially
modified or the basis for the exemption is determined to be materially
incorrect.
(2) These
exemptions do not apply to the discharge to waters of the state from any
article, machine, equipment, contrivance or their exhaust system, which
contains water-borne radioactive material in concentrations above the natural
radioactive background concentration in the receiving
water.
Notes
Fla. Admin.
Code Ann. R. 62-4.040
Rulemaking Authority 403.061, 403.805 FS. Law Implemented
403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.805, 403.813
FS.
Formerly 17-4.03(2),
FAC., New 3-4-72, Revised 5-17-72, Amended 8-7-73, 6-10-75; Joint
Administrative Procedures Committee Objection filed - See FAW Vol. 1, No. 28,
7-18-75, Amended 10-26-75, 7-8-76; Joint Administrative Procedures Objection
withdrawn - See FAW Vol. 3, No. 30, 7-29-77, Amended 7-13-78, 3-1-79, 3-11-81,
7-8-82, 3-31-83, 3-15-84, 12-10-84; Joint Administrative Procedures Committee
Objection filed - See FAW Vol. 11, No. 11, 3-15-85, Amended 5-8-85; Amendments
effective 6-24-85 - See Ch. 85-334, Laws of Florida; Joint Administrative
Procedures Committee Objection withdrawn - See FAW Vol. 11, No. 51, 12-20-85,
Formerly 17-4.04, Amended 3-17-86, 8-31-88, Formerly
17-4.040.
New 3-4-72, Formerly 17-4.03(2), Amended 5-17-72, 8-7-73,
6-10-75; Joint Administrative Procedures Committee Objection filed - See FAR
Vol. 1, No. 28, 7-18-75, Amended 10-26-75, 7-8-76; Joint Administrative
Procedures Objection withdrawn - See FAR Vol. 3, No. 30, 7-29-77, Amended
7-13-78, 3-1-79, 3-11-81, 7-8-82, 3-31-83, 3-15-84, 12-10-84; Joint
Administrative Procedures Committee Objection filed - See FAR Vol. 11, No. 11,
3-15-85, Amended 5-8-85; Amendments effective 6-24-85 - See Chapter 85-334,
Laws of Florida; Joint Administrative Procedures Committee Objection withdrawn
- See FAR Vol. 11, No. 51, 12-20-85, Formerly 17-4.04, Amended 3-17-86,
8-31-88, Formerly 17-4.040.
