Fla. Admin. Code Ann. R. 62-620.710 - Procedures for All Generic Permits

(1) A generic permit shall be issued upon adoption as a rule under Chapter 62-621, F.A.C., and shall be modified by rule revision or revoked by repeal of the rule.

(2) As an alternative to individual permits, the Department may promulgate by rule a generic permit to regulate a category of wastewater facilities or activities. The Department shall issue a generic permit to regulate such a category of wastewater facilities or activities only if they all:

(a) Involve the same or substantially similar types of operations;

(b) Discharge the same types of wastes or engage in the same types of residuals or industrial sludge use or disposal practices;

(c) Require the same effluent limitations, operating conditions, or standards for residuals or industrial sludge use or disposal; and,

(d) Require the same or similar monitoring.

(3) An NPDES generic permit for a discharge regulated under this chapter pursuant to Section 403.0885, F.S., shall be forwarded to the EPA for review and approval before adoption. The EPA shall have 90 days from the date of receipt to comment upon, make recommendations with respect to the proposed generic permit, concur or to object to the adoption of the generic permit. If EPA objects, the Department shall revise the proposed generic permit as requested or shall withdraw the proposed generic permit.

(4) Persons wishing to use a generic permit shall notify the Department on forms adopted by the Department or in writing as specified in the generic permit, and submit the appropriate fee set forth in Rule 62-4.050, F.A.C. They shall describe the proposed project, and include supporting documents depicting the proposed project, its location, and other pertinent information required by the generic permit to demonstrate that they qualify for the requested permit. Notice to the Department of the proposed use shall be filed with the appropriate district office of the Department, or as specified in the generic permit or Chapter 62-621, F.A.C. Persons wishing to use a generic permit are hereby placed on notice that projects undertaken without proof of notice to the Department shall be considered as being undertaken without a permit and shall be subject to enforcement pursuant to Section 403.161, F.S.

(5) A proposed project which may be reasonably expected to violate water quality standards or which will not meet the public interest requirements set forth in Section 403.088(2)(b), F.S., shall not be entitled to use of a generic permit.

(6) The Department shall determine whether to require any person using or proposing to use a generic permit to apply for and obtain an individual permit in accordance with 40 C.F.R. 122.28(b)(3).

(7) Suspension, revocation and reissuance, and termination of the use of a generic permit shall be in accordance with Chapter 120, F.S., and Rule 62-620.345, F.A.C.

(8) Unless otherwise required as part of a specific category of generic permit, persons qualifying for the use of a generic permit are not required to, but may, publish in a newspaper of generic circulation in the area affected by the proposed project a public notice. The public notice, if published, shall follow substantially the format in subsection 62-620.550(1), F.A.C., and shall be published within 14 days of the date when the Department receives notification pursuant to subsection (4), of this rule. No person who has published notice shall begin the project until after the 21 days for requesting a hearing has passed or a hearing is held and a decision is rendered.

Notes

Fla. Admin. Code Ann. R. 62-620.710

Rulemaking Authority 403.087, 403.0885, 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.814 FS.

New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.

New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.