Fla. Admin. Code Ann. R. 62-807.570 - Postcertification - Compliance Reviews, Monitoring and Reporting
(1) At its own expense, the licensee shall
conduct such postcertification monitoring and reporting required by the final
order of certification of the effects arising from the location of the pipeline
corridor, the construction of the pipeline or pipelines and the maintenance of
the pipeline right-of-way pursuant to the conditions to assure continued
compliance with the terms of certification.
(2) When the final order or conditions of
certification require the applicant to submit final project design details as
part of a post-certification review in which agencies with regulatory
jurisdiction monitor for continuous compliance with their non-procedural
requirements, the following procedures will apply unless other specific
procedures are required in the final order or conditions of certification:
(a) The Department's Siting Coordination
Office will coordinate the processing of post-certification reviews.
(b) All postcertification submittals of
information by the licensee are to be filed with the Department and any other
agency indicated in the specific condition requiring the postcertification
submittal.
(c) The licensee's
post-certification submittal must provide information sufficient for the
reviewing agency(ies) to monitor for continued compliance with the issued
certification.
(d) If found by the
Department to be incomplete, the licensee shall be so notified by the
Department. Failure to issue such a notice within 30 days after filing of the
submittal shall constitute a finding of completeness.
(3) Postcertification submittals filed by a
licensee with one or more agencies are for the purpose of monitoring for
compliance with the issued certification. Postcertification review must be
completed within 90 days after complete information for a segment of the
certified pipeline is submitted to the reviewing agencies.
(a) Within 90 days of the filing of a
complete postcertification submittal, the Department shall give written
notification to the licensee and the agencies to which the postcertification
information was submitted of its assessment of whether there is reasonable
assurance of compliance with the conditions of certification. If it is
determined that reasonable assurance has not been provided, the licensee shall
be notified with particularity and possible corrective measures suggested.
Failure to notify the licensee in writing within 90 days of receipt of a
complete postcertification submittal shall constitute a finding of
compliance.
(b) If the Department
does not give written notification of compliance within the time period
specified in subsection (2), above, the licensee may begin construction
pursuant to the terms of the conditions of certification and the subsequently
submitted construction details.
(4) Any submittal of information pursuant to
a requirement contained in a condition of certification is for the purpose of
monitoring for compliance with the issued certification. Such a submittal does
not provide a point of entry for any person on the adequacy of the
postcertification submittal.
(5)
Within 90 days after certification, the licensee shall provide a complete
summary of those submittals where due dates are identified in the Conditions of
Certification. Such submittals include monitoring reports, management plans,
and wildlife surveys. The summary shall be provided to the Siting Coordination
Office and any affected agency to which a submittal is required to be provided
using a sortable spreadsheet in a format substantially similar to the
following.
|
Condition number |
Requirement |
Due date or timeframe |
Name of agency to which the submittal is required to be provided |
(6)
Where postcertification review of compliance with the conditions of
certification is necessary, data quality assurance requirement provisions which
would otherwise have been required in the absence of certification must be
followed, if not otherwise specified in the conditions.
(7) The licensee, or any agency which
received a postcertification submittal pursuant to paragraph (2)(b), above, may
dispute a finding by the Department regarding whether a postcertification
submittal provides reasonable assurance of compliance with the conditions of
certification, within 30 days after receiving notice of the Department's
findings. Upon notification of a dispute, the Department shall immediately
refer the matter to the Division of Administrative Hearings (DOAH) for
disposition in accordance with the provisions of Chapter 120, F.S. A hearing
under Section 120.57(1),
F.S., shall be held within 30 days after its referral to DOAH. The
Administrative Law Judge shall issue the decision 30 days after the termination
of such hearing. All exceptions to the Administrative Law Judge's order shall
be filed with the Department, as Staff to the Siting Board, within 10 days of
the issuance of such order. The Department, as Staff to the Siting Board, shall
issue a decision within 30 days of the filing of the exceptions. The time
requirements under this condition may be altered by agreement of the parties to
the dispute.
(8) The issue of
postcertification compliance reviews will be limited to the technical merits of
reasonable assurance of compliance with conditions of certification, including
any restrictions on pipeline or access road locations within the corridor. Such
restrictions may include restricted areas within the corridor or objective
standards to be applied in establishing the pipeline road locations. All such
restrictions for the project will have already been established by
certification. Construction may occur on components or sections of the
pipeline, access roads, or compressor stations for which compliance with the
conditions of certification have been demonstrated so long as no construction
occurs which will affect the component or sections at issue. A
postcertification compliance review may be the basis for initiating
modifications to the relevant condition or to other related
conditions.
Notes
Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9416(2), (3) FS.
New 8-12-93, Formerly 17-807.570, Amended 3-3-15.
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