Fla. Admin. Code Ann. R. 62-620.325 - Revisions to Permit Conditions

(1) Substantial revisions.

(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. A showing that a changed classification of the receiving water requires a modification of the discharge.

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

4. 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 use or disposal practice, which occurred after permit issuance which justify the application of permit conditions that are different in or absent from the existing permit.

5. 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 effluent testing required after issuance of the permit.

6. 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.

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

8. A showing that revision of a permit is required under paragraph 62-620.620(1)(f), F.A.C.

(c) A permittee may request a revision of a permit by applying to the Department for a variance in accordance with Rule 62-620.800, F.A.C.

(d) A permittee may request a revision of a permit for any reason, including for good cause set forth in subsection (2), of this rule.

(e) Application for revision to a permit shall be in accordance with the requirements found in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C. The request shall include the appropriate processing fee as set forth in Rule 62-4.050, F.A.C.

(f) 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) Permits may be revised with the written consent 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 or pay a processing fee for revisions required by the Department for corrections of typographical or calculation errors, or for incorporation of conditions of a pretreatment program that has been approved under Chapter 62-625, F.A.C.

(b) Requests by the permittee for changes in ownership or operational control of a facility shall be made on DEP Form 62-620.910(1) and DEP Form 62-620.910(11) provided that no other change in the permit is necessary. The request shall be accompanied by the processing fee set forth in Rule 62-4.050, F.A.C., and shall include a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees. 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 DEP Form 62-620.910(1) and DEP Form 62-620.910(9).

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

a. Corrections of typographical errors,

b. 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 source, provided that no such change shall affect the permittee's obligation to have all pollution control equipment installed and in operation prior to a discharge from the facility,

d. Deletion of a discharge point or outfall when the discharge from that discharge point or outfall is terminated and the deletion does not result in a discharge of wastes from other discharge points or outfalls except in accordance with permit limits; and,

e. A change in the expiration date of a permit which was issued for less than five years, for which the application fee was not prorated, and for which the requested change does not exceed five years from the date of issuance of the permit.

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

a. Changes in staffing requirements under Chapter 62-699, F.A.C.,

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

c. Modifications or expansions of approved residuals land application sites; and,

d. Minor modifications to the facility.

e. A change in the expiration date of a permit which was issued for less than five years, for which the application fee was prorated, and for which the requested change does not exceed five years from the date of issuance of the permit.

(d) The Department shall prepare a draft permit and public notice under subsection 62-620.550(2), F.A.C., for any change to decrease the permit requirement for monitoring or reporting, or for a change in the expiration date of a permit which was issued for less than five years, for which the application fee was prorated, and for which the requested change does not exceed five years from the date of issuance of the permit.

(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. 62-620.325

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS.

New 11-29-94, Amended 12-24-96, 10-23-00.

New 11-29-94, Amended 12-24-96, 10-23-00.