Fla. Admin. Code Ann. R. 62-620.301 - General Provisions
(1) Any person
intending to discharge wastes into waters shall apply to the Department for the
appropriate permit required by this chapter.
(2) For purposes of enforcement, compliance
with a permit issued under this chapter constitutes compliance with the
applicable provisions of Chapter 403, F.S. However, the Department shall not be
precluded from instituting enforcement actions as indicated in subsection
62-650.300(4),
F.A.C. For purposes of enforcement, compliance with a permit issued under this
chapter pursuant to the authority of Section
403.0885,
F.S., constitutes compliance with sections 301, 302, 306, 307, 318, 402 and 403
of the Clean Water Act, except for:
(a) Any
effluent standards and prohibitions for toxic pollutants imposed under 40 CFR
Part 129; and
(b) Standards for
residuals use or disposal under 40 CFR Part 503.
(3) A permit may be revised, revoked and
reissued, or terminated in accordance with Rules
62-620.325,
62-620.340, or
62-620.345,
F.A.C. A permit may be renewed in accordance with Rule
62-620.335,
F.A.C.
(4) To the extent that this
chapter imposes duties for the construction, operation, maintenance, or
monitoring of a facility, for reporting facility operations, or for securing
permits from the Department, responsibility lies with the permittee and the
owner of the facility. Nevertheless, Section
403.141,
F.S., creates joint and several liability for those responsible for
violations.
(5) Consultation. The
applicant, or his agent, is encouraged to consult with Department personnel
before submitting an application, or at any other time concerning the
operation, construction, or modification of any facility or concerning the
required pollution control devices or system, the efficiency of such devices or
system, or any pollution problems related to the facility. However, any
representation by the Department shall not relieve any person from any
requirement of State or Federal law.
(6) Financial Responsibility. The Department
may require an applicant to submit proof of financial responsibility to
guarantee compliance with Chapter 403, F.S., and Department rules. Proof of
financial responsibility, such as posting an appropriate bond, shall be
required only if the applicant's compliance record or financial inability to
comply with permit conditions results in a lack of reasonable assurance that
all applicable Department standards will be met.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.