Fla. Admin. Code Ann. R. 62-565.610 - Revisions to Permit Conditions

(1) Substantial revisions. For the purposes of this section, "substantial revision" shall mean a change in the permit conditions in response to a substantial modification to the ATWF or potable reuse system.

(a) For good cause and after notice and, if requested, an administrative hearing pursuant to Section 120.57, F.S., the Department shall require the permittee to conform to new or additional permit conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions. In determining what is a reasonable time to conform to new or additional permit conditions, the Department shall consider:

1. The extent of construction or other work necessary to come into conformance,

2. Any site-specific conditions affecting the time to come into conformance; and,

3. Any other matters affecting time to come into conformance based on professionally accepted engineering or scientific practices.

(b) For the purpose of this section, good cause shall include any of the following:

1. A showing of any change in the environment or surrounding conditions that requires a revision to conform to applicable water quality standards.

2. Adoption or revision of statutes, rules, or standards, including toxicity standards or prohibitions, which require the revision of a permit condition for compliance.

3. A showing that there are material and substantial alterations or additions to the permitted facility or activity, including a change in the permittee's residuals disposal practice, which occurred after permit issuance which justifies the application of permit conditions that are different in or absent from the existing permit.

4. A showing that new information, other than revised rules or test methods, received by the Department was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance. This cause shall include any significant information derived from testing required after issuance of the permit.

5. A showing that revision of a compliance schedule is necessary because of delays caused by an Act of God, strike, or materials shortage or other event over which the permittee has little or no control and for which there is no reasonably available remedy. However, in no case may a compliance schedule be revised to extend beyond a Federal or State statutory deadline, if applicable. In determining whether there is a reasonable available remedy, the Department shall consider:

a. The extent of time and work involved in available remedies,

b. Site-specific conditions affecting available remedies; and,

c. Any other limitations affecting available remedies based on professionally accepted engineering or scientific practices.

6. A showing that there is a technical mistake in a permit condition which needs to be corrected.

7. A showing that revision of a permit is required under subparagraph 62-565.610(1)(b)5., F.A.C.

(c) A permittee may request a revision of a permit for any reason, including for good cause set forth in paragraph (b) of this subsection.

(d) When a permit is revised, only the conditions subject to revision are reopened. All other requirements and conditions of the existing permit shall remain in effect until the permit expires.

(2) Minor Revisions.

(a) Minor revisions may be made to permits by the Department or at the request of the permittee. The corrections or changes listed in this section shall be contained in a letter to the permittee which shall be attached to an existing permit. A permittee shall not be required to file an application for revisions required by the Department for corrections of typographical or calculation errors.

(b) Requests by the permittee for changes in ownership or operational control of a facility shall be made on Notification of Permit Transfer, DEP Form 62-565.300(2)(c), (adopted and incorporated by reference in paragraph 62-565.300(2)(c), F.A.C., effective February 26, 2025) provided that no other change in the permit is necessary. The request shall be accompanied by the processing fee set forth in paragraph 62-4.050(4)(n), F.A.C. If other changes are necessary, requests shall be made in accordance with subsections of this section.

(c) Requests by the permittee for minor revisions to permit conditions, other than changes in ownership, shall be made on Request for a Minor Revision, DEP Form 62-565.300(2)(e), (adopted and incorporated by reference in paragraph 62-565.300(2)(e), F.A.C., effective February 26, 2025). The processing fee for a minor revision to permit conditions shall be equivalent to the fee established in sub-subparagraph 62-4.050(4)(n) 7.b., F.A.C. The application requirements for minor modifications to an ATWF include a description of the proposed modification and, if applicable, any reports, plans, and specifications which were developed to implement the modification.

1. The following minor revisions do not require the permittee to pay a processing fee:

a. Corrections of typographical errors,

b. Approved changes in an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement,

c. Changes in the construction schedule for a new ATWF, provided that no such change shall affect the permittee's obligation to have all pollution control equipment installed and in operation prior to water leaving the ATWF,

2. The following revisions require the permittee to pay a processing fee as set forth in paragraph 62-4.050(4)(n), F.A.C.:

a. Changes to increase or decrease the permit requirements for monitoring or reporting,

b. Minor modifications to the facility.

(d) The Department shall prepare a draft permit and public notice under subsection 62-565.640(2), F.A.C., for any change to decrease permit requirements for monitoring or reporting.

(e) No permit revision is required for routine facility maintenance, or any modification associated with ancillary or electrical equipment and structures.

Notes

Fla. Admin. Code Ann. R. 62-565.610

Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS.

Adopted by Florida Register Volume 51, Number 028, February 11, 2025 effective 2/26/2025.