CHAPTER 62-4  PERMITS

62-4.001 Scope of Part I (Effective 10/1/07)

62-4.020 Definitions (Effective 4/3/03)

62-4.021 Transferability of Definitions (Effective 8/31/88)

62-4.030 General Prohibition (Effective 8/31/88)

62-4.040 Exemptions (Effective 8/31/88)

62-4.050 Procedure to Obtain Permits and other Authorizations;
Applications (Effective 10/31/07)

62-4.055 Permit Processing (Effective 8/16/98)

62-4.060 Consultation (Effective 8/31/88)

62-4.070 Standards of Issuing or Denying Permits; Issuance; Denial
(Effective 3/28/91)

62-4.080 Modification of Permit Conditions (Effective 3/19/90)

62-4.090 Renewals (Effective 3/16/08)

62-4.100 Suspension and Revocation (Effective 8/31/88)

62-4.110 Financial Responsibility (Effective 8/31/88)

62-4.120 Transfer of Permits (Effective 4/16/01)

62-4.130 Plant Operation - Problems (Effective 8/31/88)

62-4.150 Review (Effective 8/31/88)

62-4.160 Permit Conditions (Effective 7/11/93)

62-4.200 Scope of Part II (Effective 10/1/07)

62-4.210 Construction Permits (Effective 8/31/88)

62-4.220 Operation Permit for New Sources (Effective 8/31/88)

62-4.249 Preservation of Rights (Effective 8/31/88)

62-4.510 Scope of Part III (Effective 10/1/07)

62-4.520 Definition (Effective 7/11/90)

62-4.530 Procedures (Effective 3/19/90)

62-4.540 General Conditions for All General Permits (Effective 8/31/88)

  HYPERLINK "https://www.flrules.org/gateway/ruleNo.asp?id=62-4.001" \t
"ruleNo"  62-4.001  Scope of Part I.

This part sets forth procedures on how to obtain a permit from the State
of Florida Department of Environmental Protection. This part also
provides requirements and procedures for the issuance, denial, renewal,
extension, transfer, modification, suspension, and revocation of any
permit required by the Department of Environmental Protection. Except as
otherwise provided in Chapter 62-343 or 62-346, F.A.C., or in the rules
of the water management districts adopted by reference under Chapter
62-330, F.A.C., this part shall not apply to activities regulated under
Part IV of Chapter 373, F.S. However, this Part shall continue to apply
to those activities grandfathered under Sections 373.414(11), (12)(a),
(13), (14), (15), (16), and 373.4145(6), F.S. This Part shall not
preclude the application of any other permit requirements or procedures
for certain types of facilities as contained in other chapters of Title
62, F.A.C.

Specific Authority 373.026, 373.043, 373.044, 373.109, 373.113,
373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law
Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135,
373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418,
373.421, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New
5-17-72, Formerly 17-4.01, Amended 8-31-88, Formerly 17-4.001, Amended
7-4-95, 10-1-07.

62-4.020 Definitions.

When used in this chapter, unless the context clearly indicates
otherwise, the following words shall mean:

(1) “Annual Average Flow” is the long-term harmonic mean flow of the
receiving water, or an equivalent flow based on generally accepted
scientific procedures in waters for which such a mean cannot be
calculated. For waters for which flow records have been kept for at
least the last three years, “long-term” shall mean the period of
record. For all other waters, “long-term” shall mean three years
(unless the Department finds the data from that period not
representative of present flow conditions, based on evidence of land use
or other changes affecting the flow) or the period of records sufficient
to show a variation of flow of at least three orders of magnitude,
whichever period is less. For nontidal portions of rivers and streams,
the harmonic mean (Qhm) shall be calculated as

Qhm	=	n

____________________________________

1	+	1	+	1	+	1	+	1	+	...	+	1

Q1

Q2

Q3

Q4

Q5

Qn

in which each Q is an individual flow record and n is the total number
of records. In lakes and reservoirs, the annual average flow shall be
based on the hydraulic residence time, which shall be calculated
according to generally accepted scientific procedures, using the
harmonic mean flows for the inflow sources. In tidal estuaries and
coastal systems or tidal portions of rivers and streams, the annual
average flow shall be determined using methods described in EPA
publication no. 600/6-85/002b pages 142-227, incorporated by reference
in paragraph 62-4.246(9)(k), F.A.C., or by other generally accepted
scientific procedures, using the harmonic mean flow for any freshwater
inflow. If there are insufficient data to determine the harmonic mean
then the harmonic mean shall be estimated by methods as set forth in the
EPA publication Technical Support Document for Water Quality-Based
Toxics Control (March 1991), incorporated by reference in paragraph
62-4.246(9)(d), F.A.C., or other generally accepted scientific
procedures. In situations with seasonably variable effluent discharge
rates, hold-and-release treatment systems, and effluent-dominated sites,
annual average flow shall mean modeling techniques that calculate
long-term average daily concentrations from long-term individual daily
flows and concentrations in accordance with generally accepted
scientific procedures.

(2) “Approved Analytical Method” shall mean any of the analytical
methods approved under Chapter 62-160, F.A.C.

(3) “Commission” is the State of Florida Environmental Regulation
Commission.

(4) “Construction permit” is the legal authorization granted by the
Department to construct, expand, modify, or make alterations to any
installation and to temporarily operate and test such new or modified
installations.

(5) “Department” is the State of Florida Department of Environmental
Regulation or its delegatee as provided in the Operating Agreements
Concerning Management and Storage of Surface Water Regulation and
Wetland Resource Regulation adopted by reference in Rule 62-101.040,
F.A.C.

(6) “Environmental restoration and enhancement” means activities,
other than those proposed as mitigation for a permit required under Part
IV of Chapter 373, F.S., conducted by government, research, education or
charitable entities that are either not-for-profit or non-profit, that
have the sole objective of restoring or enhancing water resources,
including water quality and the functions wetlands and other surface
waters provide to fish and wildlife, through measures such as: restoring
hydrology and water circulation; re-establishing native vegetation; or
otherwise restoring more desirable natural conditions that existed prior
to human-induced disturbances.

(7) “Installation” is any structure, equipment, facility, or
appurtenances thereto, operation or activity which is or may be a source
of pollution as defined in Chapter 403, F.S. Installation includes
dredging and filling as these terms are defined in Section 403.911, F.S.

(8) “Method Detection Limit (MDL)” is the smallest concentration of
an analyte of interest that can be measured and reported with 99%
confidence that the concentration will be greater than zero. The MDLs
are determined from the analysis of a given matrix containing the
analyte at a specified level. Determination of MDLs shall follow
procedures determined in Appendix B to part 136 of 40 CFR, 1990,
incorporated here by reference, or equivalent procedures complying with
Chapter 62-160, F.A.C.

(9) “Operation permit” is the legal authorization granted by the
Department to operate or maintain any installation for a specified
period of time.

(10) “Permit condition” is a statement or stipulation which is
issued with a permit and which must be complied with.

(11) “Permit” is the legal authorization to engage in or conduct any
construction, operation, modification, or expansion of any installation,
structure, equipment, facility, or appurtenances thereto, operation, or
activity which will reasonably be expected to be a source of pollution.

(12) “Practical Quantification Limit (PQL)” is the lowest level that
can be reliably achieved during routine laboratory operating conditions
within specified limits of precision and accuracy, as reflected in the
Department’s list of PQLs under subsection 62-4.246(4), F.A.C., or an
alternative level established through equivalent procedures complying
with Chapter 62-160, F.A.C.

(13) “Secretary” is the Secretary of the Department.

(14) “Temporary operation permit” is the legal authorization limited
to a specified time granted by the Department to operate, maintain,
construct, modify, expand, or make alterations to any installation in
accordance with Section 403.088, F.S.

(15) “Equivalent Clean Closure” is available for interim status land
disposal units that certified clean closure under 40 CFR Part 265
standards prior to March 19, 1987. These facilities must make an
equivalency demonstration to meet 40 CFR Part 264 closure standards or
the facility must obtain a closure permit containing post closure
requirements.

Specific Authority 373.026, 373.043, 373.414, 373.418, 403.061, 403.805
FS. Law Implemented 373.109, 373.413, 373.414, 373.4145, 403.021,
403.031, 403.061, 403.087, 403.088, 403.802, 403.817 FS. History–New
3-4-72, Revised 5-17-72, Amended 6-10-75; Joint Administrative
Procedures Committee Objection Filed – See FAW Vol. 1, No. 28,
1-12-76; Joint Administrative Procedures Committee Objection Withdrawn
– See FAW Vol. 3, No. 30, 7-29-77, Amended 3-11-81, 10-16-84,
12-10-84, Formerly 17-4.02, Amended 3-18-86, 8-31-88, 6-4-92, 11-16-92,
7-11-93, Formerly 17-4.020, Amended 4-3-03.

62-4.021 Transferability of Definitions.

Definitions in other chapters of the Department’s rules may be used to
clarify the meaning of terms used in this chapter unless the terms are
defined in Rule 62-4.020, F.A.C., or unless transfer of such definition
would defeat the purpose or alter the intended effect of the provisions
of this chapter.

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804,
403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141,
403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 3-1-79,
Amended 8-31-88, Formerly 17-4.021.

62-4.030 General Prohibition.

Any stationary installation which will reasonably be expected to be a
source of pollution shall not be operated, maintained, constructed,
expanded, or modified without the appropriate and valid permits issued
by the Department, unless the source is exempted by Department rule. The
Department may issue a permit only after it receives reasonable
assurance that the installation will not cause pollution in violation of
any of the provisions of Chapter 403, F.S., or the rules promulgated
thereunder. A permitted installation may only be operated, maintained,
constructed, expanded or modified in a manner that is consistent with
the terms of the permit.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 3-4-70, Revised 5-17-72, Formerly 17-4.03, Amended
8-31-88, Formerly 17-4.030.

62-4.040 Exemptions.

(1) The following installations are exempted from the permit
requirements of this chapter. The following exemptions do not relieve
any installation from any other requirements of Chapter 403, F.S., or
rules of the Department. Other installations may be exempted under other
chapters of Title 62.

(a) Structural changes which will not change the quality, nature or
quantity of air and water contaminant emissions or discharges or which
will not cause pollution.

(b) Any existing or proposed installation which the Department shall
determine does not or will not cause the issuance of air or water
contaminants in sufficient quantity, with respect to its character,
quality or content, and the circumstances surrounding its location, use
and operation, as to contribute significantly to the pollution problems
within the State, so that the regulation thereof is not reasonably
justified. Such a determination is agency action and is subject to
Chapter 120, F.S. Such determination shall be made in writing and filed
by the Department as a public record. Such determination may be revoked
if the installation is substantially modified or the basis for the
exemption is determined to be materially incorrect.

(2) These exemptions do not apply to the discharge to waters of the
state from any article, machine, equipment, contrivance or their exhaust
system, which contains water-borne radioactive material in
concentrations above the natural radioactive background concentration in
the receiving water.

Specific Authority 403.061, 403.805 FS. Law Implemented 403.021,
403.031, 403.061, 403.087, 403.088, 403.802, 403.805, 403.813 FS.
History– Formerly 17-4.03(2), FAC., New 3-4-72, Revised 5-17-72,
Amended 8-7-73, 6-10-75; Joint Administrative Procedures Committee
Objection filed – See FAW Vol. 1, No. 28, 7-18-75, Amended 10-26-75,
7-8-76; Joint Administrative Procedures Objection withdrawn – See FAW
Vol. 3, No. 30, 7-29-77, Amended 7-13-78, 3-1-79, 3-11-81, 7-8-82,
3-31-83, 3-15-84, 12-10-84; Joint Administrative Procedures Committee
Objection filed – See FAW Vol. 11, No. 11, 3-15-85, Amended 5-8-85;
Amendments effective 6-24-85 – See Ch. 85-334, Laws of Florida; Joint
Administrative Procedures Committee Objection withdrawn – See FAW Vol.
11, No. 51, 12-20-85, Formerly 17-4.04, Amended 3-17-86, 8-31-88,
Formerly 17-4.040.

  HYPERLINK "https://www.flrules.org/gateway/ruleNo.asp?id=62-4.050" \t
"ruleNo"  62-4.050  Procedures to Obtain Permits and Other
Authorizations; Applications.

(1) Any person desiring to obtain a permit from the Department shall
apply on forms prescribed by the Department and shall submit such
additional information as the Department by law may require.

(2) All applications and supporting documents shall be filed in
quadruplicate with the Department.

(3) To ensure protection of public health, safety, and welfare, any
construction, modification, or operation of an installation which may be
a source of pollution, or of a public drinking water supply, shall be in
accordance with sound professional engineering practices pursuant to
Chapter 471, F.S.; and all final geological papers or documents
involving the practice of the profession of geology shall be in
accordance with sound professional geological practices pursuant to
Chapter 492, F.S. All applications for a Department permit shall be
certified by a professional engineer registered in the State of Florida
except, when the application is for renewal of an air pollution
operation permit at a non-Title V source as defined in Rule 62-210.200,
F.A.C., or where professional engineering is not required by Chapter
471, F.S. Where required by Chapter 471 or 492, F.S., applicable
portions of permit applications and supporting documents which are
submitted to the Department for public record shall be signed and sealed
by the professional(s) who prepared or approved them.

(4) Processing fees are as follows:

(a) Air Pollution Permits.

1. Construction Permit Fee for an Emissions Unit Requiring Prevention of
Significant Deterioration or Nonattainment Area Preconstruction Review.
The processing fee for a construction permit for an emissions unit
requiring a Prevention of Significant Deterioration (PSD) or
Nonattainment Area (NAA) preconstruction review pursuant to Rule
62-212.400 or 62-212.500, F.A.C., respectively, shall be $7500.

2. Construction Permit Fee for an Emissions Unit Not Requiring
Prevention of Significant Deterioration or Nonattainment Area
Preconstruction Review. No processing fee shall be required for a
construction permit for an emissions unit not requiring Prevention of
Significant Deterioration (PSD) or Nonattainment Area (NAA)
preconstruction review, if the facility containing the emissions unit
holds an air operation permit issued pursuant to Chapter 62-213, F.A.C.
For any such emissions unit at a facility not holding a Chapter 62-213,
F.A.C., air operation permit, the processing fee shall be as follows:

a. Construction permit for an emissions unit having potential emissions
of 100 or more tons per year of any single pollutant

$5000

b. Construction permit for an emissions unit having potential emissions
of 50 or more tons per year, but less than 100 tons per year, of any
single pollutant

$4500

c. Construction permit for an emissions unit having potential emissions
of 25 or more tons per year, but less than 50 tons per year, of any
single pollutant

$2000

d. Construction permit for an emissions unit having potential emissions
of 5 or more tons per year, but less than 25 tons per year, of any
single pollutant

$1000

e. Construction permit for an emissions unit having potential emissions
of less than 5 tons per year of each pollutant

$250

3. Operation Permit Fee for an Emissions Unit at a Non-Title V Source.

	a. Operation permit for an emissions unit required to measure actual
emissions by stack sampling	$1500

b. Operation permit for an emissions unit required to measure actual
emissions by any method other than stack sampling (such as visible
emissions observation or continuous emissions monitoring)

$1000

c. Operation permit for an emissions unit not required to measure actual
emissions	$750

4. Similar Emissions Unit Fee. Where new or existing multiple emissions
units located at the same facility are substantially similar in nature,
the applicant may submit a single application and any required permit
fee for construction or operation of the emissions units at the
facility. To be considered substantially similar each of the emissions
units must be substantially similar in regard to each of the following:
nominal description or type of emissions unit; type of fuel burned; type
of material processed, stored, or handled; type of air pollution control
equipment; regulated pollutants emitted; applicable emissions standards;
and applicable regulatory control criteria. For a construction permit,
the single application fee shall be the fee that would apply for a
single emissions unit with emissions that equal the total of the
potential emissions of all of the substantially similar emissions units
at the facility. The fee for an operation permit for a group of similar
emissions units at the same facility, submitted under the same
application and with the same emissions testing or monitoring
requirements, shall be the fee that would apply to any emissions unit in
the group if each emissions unit were being permitted singly.

5. Multiple Emissions Unit Fee. If the Department issues a single
construction or operation permit covering multiple emissions units or
groups of similar emissions units at a facility, the permit processing
fee shall be the sum of the fees applicable to each emissions unit and
group of similar emissions units covered by the permit.

(b) Domestic Wastewater Facility Permits.

1. Preliminary Design Report reviews for Types I, II, and III domestic
wastewater facilities as defined in Rule 62-600.200, F.A.C. For new
domestic wastewater facilities, the fee for review of a preliminary
design report shall be in addition to the application processing fee.

	Type I	Type II	Type III

a. Treatment plant with or without reuse/disposal system	$5000	$3750
$1200

b. Reuse/land application system and associated
transmission/distribution facilities, when applied for separately from
the treatment facility	$5000	$3750	$1200

c. Residuals/septage management facility	$7500	$4000	$1200

d. Limited wet weather discharge	$1000	$800	$600

2. Wastewater permits for Types I, II, and III domestic wastewater
facilities as defined in Rule 62-600.200, F.A.C.

	Type I	Type II	Type III

a. Treatment plant with or without reuse/disposal system	$5000	$3000
$1000

b. Reuse/land application system and associated
transmission/distribution facilities, when applied for separately from
the treatment facility	$5000	$3000	$1000

c. Residuals/septage management facility	$7500	$4000	$1000

d. Limited wet weather discharge	$1000	$800	$600

e. Wastewater permits for Type III facilities having a permitted
capacity of less than 10,000 gallons per day shall be $600.

3. Wastewater Permit for a surface water discharge, when applied for
separately from the treatment facility.

a. Type I facility	$2000

b. Type II facility	$1000

c. Type III facility	$500

4. Minor revisions, as defined in Rule 62-620.200, F.A.C., to wastewater
permits for domestic wastewater facilities other than minor
modifications of permits listed in paragraph 62-4.050(4)(s), F.A.C.

a. Type I facility	$500

b. Type II facility	$300

c. Type III facility	$100

5. Substantial revisions, as defined in Rule 62-620.200, F.A.C., to
wastewater permits for domestic wastewater facilities shall require a
new wastewater permit application and applicable fee. The applicable
application fee shall be:

a. For substantial revisions resulting from substantial modifications to
the facility which require an antidegradation determination as specified
in Rule 62-4.242, F.A.C., or which increase the permitted capacity of
the treatment, reuse, or disposal system, the preliminary design report
fee specified in subparagraph (4)(b)1.

b. For substantial revisions resulting from substantial modifications to
the facility, but which do not require an antidegradation determination
as specified in Rule 62-4.242, F.A.C., and which do not increase the
permitted capacity of the treatment, reuse, or disposal system, 50
percent of the preliminary design report fee specified in subparagraph
(4)(b)1.

c. For substantial revisions not associated with substantial
modifications to the facility, 20 percent of the applicable application
fee specified in subparagraph (4)(b)2.

6. Generic Permit for domestic wastewater treatment facilities.

a. Treatment facility with permitted capacity of 10,000 gallons per day
up to 100,000 gallons per day shall be $1,000.

b. Treatment facility with permitted capacity less than 10,000 gallons
per day shall be $600.

7. Construction Permit for domestic wastewater collection/transmission
system.

a. Domestic wastewater collection/transmission system serving 10 or more
$500

Equivalent Dwelling Units (EDUs). An EDU is equal to 3.5 persons

	b. Domestic wastewater collection/transmission system serving less than
10 EDUs	$300

(c) Industrial Wastewater Facility Permits.

1. Wastewater permits for Group 1 industrial wastewater treatment
facilities which discharge process wastewater, as defined in Rule
62-620.200, F.A.C., from the following industry categories: Citrus
Processing; Textiles; Organic Chemicals, Plastics, and Synthetic Fibers;
Inorganic Chemicals; Soaps and Detergents; Fertilizer Manufacturing;
Petroleum Refining; Iron and Steel Manufacturing; Nonferrous Metals;
Phosphate Manufacturing; Steam Electric Power Generating; Asbestos
Manufacturing; Pulp, Paper, and Paper Board; Builders Paper and Board
Mills; Coal Mining; Phosphate Mining and Beneficiation; Ore Mining and
Dressing; Paint Formulating; Ink Formulating; Gum and Wood Chemicals
Manufacturing; Pesticides Chemicals Manufacturing; Explosives
Manufacturing; Battery Manufacturing; Mechanized Scallop Processing;
Distilled, Rectified, and Blended Liquors; Sugar Cane Processing.

a. Surface water discharges	$7500

b. Non-surface water discharges only	$6000

2. Wastewater permits for Group 2 industrial wastewater treatment
facilities which discharge process wastewater, as defined in Rule
62-620.200, F.A.C., from the following industry categories: Cement
Manufacturing; Leather Tanning and Finishing; Glass Manufacturing;
Rubber Processing; Carbon Black Manufacturing; Metal Molding and
Casting; Coil Coating; Porcelain Enameling; Aluminum Forming; Copper
Forming; Electrical and Electronic Components; Nonferrous Metals Forming
and Metal Powders.

a. Surface water discharges	$5000

b. Non-surface water discharges only	$4000

3. Wastewater permits for Group 3 industrial wastewater treatment
facilities which discharge process wastewater, as defined in Rule
62-620.200, F.A.C., from the following industry categories: Bulk Oil
Terminals, Drawdown and Loading Rack Discharges; Dairy Products; Canned
and Preserved Fruits and Vegetables; Canned and Preserved Seafood;
Concrete Batch Plants; Timber Products; Mineral Mining and Processing;
Peat Mining; Plastic Molding and Forming; Aquaculture Facilities.

a. Surface water discharges	$2500

b. Non-surface water discharges only	$2000

4. Wastewater permits for Group 4 industrial wastewater treatment
facilities which discharge industrial wastewater from the following:
Animal Feeding Operations, Feedlots, Egg Production Facilities.

a. Feedlots with greater than the number of animals listed in subsection
62-670.200(3) or

	Rule 62-620.435, F.A.C.	$2500

b. Feedlots, Other	$1500

c. Egg Production Facility, Major	$2500

d. Egg Production Facility, Other	$1500

5. Wastewater permits for Group 5 industrial wastewater treatment
facilities which discharge concentrate and regenerant from Reverse
Osmosis, Membrane Softening, Ultrafiltration, Ion Exchange Units, and
similar processes at Drinking Water Treatment Facilities.

a. Design daily discharge flow of greater than 500,000 gpd	$6000

b. Design daily discharge flow of greater than 100,000 gpd up to 500,000
gpd	$4000

c. Design daily discharge flow of greater than 10,000 gpd up to 100,000
gpd	$2000

d. Design daily discharge flow of 10,000 gpd or less	$750

6. Wastewater permits for Group 6 industrial wastewater treatment
facilities which discharge once-through non-contact cooling water.

a. Greater than 100 million BTU/hour heat loss	$6000

b. Greater than 20 million BTU/hour, up to 100 million BTU/hour	$3000

c. Greater than 1 million BTU/hour, up to 20 million BTU/hour heat loss
$1500

d. 1 million BTU/hour, or less, heat loss	$500

7. Wastewater permits for industrial wastewater treatment facilities in
industry categories not specified in Groups 1 through 3 which discharge
process wastewater to surface waters, or industrial wastewater treatment
facilities which discharge non-process wastewater, as defined in Rule
62-620.200, F.A.C., but excluding once-through non-contact cooling
water, to surface waters.

a. Design daily flow of greater than 500,000 gpd	$5000

b. Design daily flow of greater than 100,000 gpd up to 500,000 gpd	$3000

c. Design daily flow of greater than 50,000 gpd up to 100,000 gpd	$2000

d. Design daily flow of 50,000 gpd or less	$1000

8. Wastewater permits for industrial wastewater treatment facilities in
industry categories not specified in Groups 1 through 3 which discharge
process wastewater to other than surface waters, or industrial
wastewater treatment facilities which discharge non-process wastewater,
as defined in Rule 62-620.200, F.A.C., but excluding once-through
non-contact cooling water, to other than surface waters.

a. Design daily flow of greater than 500,000 gpd	$4000

b. Design daily flow of greater than 100,000 gpd up to 500,000 gpd	$2500

c. Design daily flow of greater than 50,000 gpd up to 100,000 gpd	$1500

d. Design daily flow of 50,000 gpd or less	$750

9. Wastewater permits for industrial wastewater treatment facilities
which recycle the wastewater and have no discharge to surface or ground
waters, and are not otherwise exempt from permitting.

a. Facilities recycling greater than 10,000 gpd	$500

b. Facilities recycling 10,000 gpd or less	$100

10. Minor revisions, as defined in subsection 62-620.200(24), F.A.C., to
wastewater permits for industrial wastewater facilities other than minor
modifications of permits listed in paragraph 62-4.050(4)(q), F.A.C.

a. Facilities which have no discharge to surface or ground waters	$100

b. All others	$250

11. Substantial revisions, as defined in subsection 62-620.200(45),
F.A.C., to wastewater permits for existing industrial wastewater
facilities shall require a new wastewater permit application and
applicable fee. The applicable fee shall be:

a. For substantial revisions resulting from substantial modifications to
the facility which require an antidegradation determination as specified
in Rule 62-4.242, F.A.C., or which increase the permitted capacity of
the treatment or disposal system, the full applicable application fee.

b. For substantial revisions resulting from substantial modifications to
the facility, but which do not require an antidegradation determination
as specified in Rule 62-4.242, F.A.C., and which do not increase the
permitted capacity of the treatment or disposal system, 50 percent of
the applicable application fee.

c. For substantial revisions not associated with substantial
modifications to the facility, 20 percent of the applicable application
fee or $250, whichever is greater.

12. The fee for review of engineering reports for new industrial
facilities shall be in the same amount as the applicable application
processing fee for the facility and shall be in addition to the
application processing fee.

13. Industrial wastewater general and generic permits.

	a. General and generic permits requiring Professional Engineer or
Professional Geologist certification	$500

b. General and generic permits not requiring Professional Engineer or
Professional Geologist certification	$100

14. Collection systems for industrial wastewater treatment facilities.
$500

15. A permitted facility which falls in more than one of the fee
categories in subparagraphs (4)(c)1. through 8. shall not be subject to
multiple fees, but shall pay the larger of the fees.

(d) Stormwater facilities or activities regulated under Section
403.0885, F.S.

	1. Generic Permit for Stormwater Discharge from Large and Small
Construction Activities.

	a. Activities disturbing 5 or more acres (large)	$400

b. Activities disturbing 1 acre of land or greater and less than 5 acres
(small)	$250

2. Multi-Sector Generic Permit for Stormwater Discharge Associated with
Industrial Activity	$500

3. No Exposure Certification for Exclusion from NPDES Stormwater
Permitting 	$200

4. Stormwater discharge associated with industrial activity permitted
under Chapter 62-620, F.A.C. 	$1,000

5. Generic Permit for Discharge of Stormwater from Phase II Municipal
Separate Storm Sewer Systems (MS4s):

	a. Phase II MS4s in jurisdiction with a population of 50,000 or greater
as determined by the 2000

Decennial Census by the U.S. Bureau of Census	$11,700

b. Phase II MS4s in a jurisdiction with a population of greater than
10,000 but less than 50,000 as

determined by the 2000 Decennial Census by the U.S. Bureau of Census
$7,988

c. Phase II MS4s in a jurisdiction with a population of 10,000 or less
as determined by the 2000

Decennial Census by the U.S. Bureau of Census; Florida Department of
Transportation facilities	$5,625

(e) Wetland Resource Management (Dredge and Fill) Permits. This
paragraph pertains to projects that have been grandfathered according to
Sections 373.414(11) (1994 Supp.), (12)(a) (1994 Supp.), (13), (14),
(15) or (16), F.S., and projects, or portions thereof, located in the
Northwest Florida Water Management District.

1. Dredge and fill construction projects up to and including 5 years:

	a. Standard form projects including dredge and fill activities that
affect 10 or	$4000

more acres of jurisdictional area pursuant to subsection 62-312.070(2),
F.A.C.

	b. Standard form construction projects that involve the construction of
new docking

	facilities pursuant to Rule 62-312.070, F.A.C., that provide:

	(I) 50 or more new boat slips	$4000

(II) 25-49 new boat slips	$3000

(III) 10-24 new boat slips	$1500

(IV) 3-9 new boat slips	$500

(V) 0-2 new boat slips	$300

c. Short form construction projects involving dredging and filling
activities that affect 9.99 acres or

less of jurisdictional area, pursuant to subsection 62-312.070(2),
F.A.C.	$500

d. Short form construction projects involving the construction of new
docking or boardwalk facilities, pursuant to Rule 62-312.070, F.A.C.,
that provide:

(I) 0-2 new boat slips	$300

(II) 3-9 new boat slips	$500

(III) The addition of 3 to 20 docking slips to existing functional
docking facilities where the total facility

will not exceed 50 slips and the existing and proposed slips are not
associated with commercial facilities or

facilities which provide supplies or services required for boating
activities.

$500

e. Short form and standard form projects solely for environmental
restoration or enhancement activities,

provided such activities are not associated with a mitigation bank and
are not being implemented as

mitigation for other activities that require a permit under Part IV of
Chapter 373, F.S.

$100

2. Dredge and fill construction permits in excess of 5 years:

	a. Short form permits from 6 years up to and including 10 years	$3000

b. Standard form permits for 6 years	$6000

c. Standard form permits for 7 years	$7000

d. Standard form permits for 8 years	$8000

e. Standard form permits for 9 years	$9000

f. Standard form permits for 10 years	$10,000

g. Standard form permits for 11 years	$11,000

h. Standard form permits for 12 years	$12,000

i. Standard form permits for 13 years	$13,000

j. Standard form permits for 14 years	$14,000

k. Standard form permits for 15 years	$15,000

l. Standard form permits for 16 years	$16,000

m. Standard form permits for 17 years	$17,000

n. Standard form permits for 18 years	$18,000

o. Standard form permits for 19 years	$19,000

p. Standard form permits for 20 years	$20,000

q. Standard form permits for 21 years	$21,000

r. Standard form permits for 22 years	$22,000

s. Standard form permits for 23 years	$23,000

t. Standard form permits for 24 years	$24,000

u. Standard form permits for 25 years	$25,000

v. 6 to 10-year permits for beach restoration projects approved pursuant
to Chapter 161, F.S., and to

maintenance dredge navigation channels, port harbors, turning basins and
harbor berths located within

deepwater ports, pursuant to Section 403.816, F.S.

$5000

w. Permits for phosphate and attapulgite mines with a duration of >25
years pursuant to the provisions of subsection 373.414(15), F.S.	$25,000

x. Modifications involving permits issued pursuant to Section 403.816,
F.S.	$1000

y. 6 to 25-year permits pursuant to Chapter 62-45, F.A.C.	$5000

z. Modifications to permits pursuant to Chapter 62-45, F.A.C.	$1000

(I) Short form and standard form projects solely for environmental
restoration or enhancement activities,

provided such activities are not associated with a mitigation bank and
are not being implemented as mitigation

for other activities that require a permit under Part IV of Chapter 373,
F.S.

$100

3. Mangrove alteration permits:

	a. Mangrove alteration permits which involve the alteration of less
than 20 mangroves	$250

b. Mangrove alteration permits which involve the alteration of 20 or
more mangroves	$500

4. For the purposes of determining the fee for wetlands resource
management permits, the term of duration for the permit shall be reduced
by the period of time (in yearly increments) during which no dredging or
filling activity occurs or no reclamation, restoration, or mitigation
occurs and only minor monitoring and maintenance activities are
required. The fee for the full term shall be submitted with the
application. After the Department determines the period of time that the
term of the permit can be reduced, the excess fee shall be returned.

5. For permit applications which involve a combination of the project
fee categories listed above, the highest fee that applies to the
appropriate standard form or short form project, pursuant to Rule
62-312.070, F.A.C., shall be charged.

6. Variances from permitting standards, permit conditions, or water
quality standards associated with a wetland resource or mangrove
alteration permit application:

a. Variances from the prohibition of subsection 62-312.080(7), F.A.C.
$100

b. Variances from the provisions of Chapter 62-321, F.A.C.	$100

c. Other variances	$500

(f) Stormwater Permits. This paragraph pertains to projects, or portions
thereof, located in the Northwest Florida Water Management District.

1. Construction permit for stormwater facilities	$1000

2. Operation permit for a stormwater facility	$100

(g) MSSW permits. This paragraph pertains to projects that have been
grandfathered according to Sections 373.414(11) (1994 Supp.), (12)(a)
(1994 Supp.), (13), (14), (15) or (16), F.S.

1. For MSSW facilities located within the boundaries of the St. Johns
River Water Management District, the processing fee used by the
Department shall be the same as set forth in paragraphs (5)(j) and (k)
of Rule 40C-1.603, F.A.C., which is adopted and incorporated by
reference.

2. For MSSW facilities located within the boundaries of the South
Florida Water Management District, the processing fee used by the
Department shall be the same as set forth in subparagraph (3)(a)4. and
paragraph (3)(b) of Rule 40E-1.607, F.A.C., which is adopted and
incorporated by reference.

3. For MSSW facilities located within the boundaries of the Southwest
Florida Water Management District, the processing fee used by the
Department shall be the same as set forth in subsections (4) and (5) of
Rule 40D-1.607, F.A.C., which is adopted and incorporated by reference.

(h) Environmental Resource Permits. For individual, conceptual approval
or standard general permit applications that involve a combination of
the fee categories listed in subparagraphs 1. and 2. below, the highest
fee in these subparagraphs that applies to the project in question shall
be the correct application fee.

1. Individual and Conceptual Approval Permits (those systems that
involve ≥ 1 acre of construction or alteration in, on or over wetlands
or other surface waters, involve ≥ 10 new boat slips, are capable of
impounding >120 acre feet, serve a total land area ≥ 100 acres, or
provide for the placement of ≥ 12 acres of impervious surface):

a. For a system that involves < 1 acre of construction or alteration in,
on or over wetlands or other surface waters and involves < 10 new boat
slips but reaches any of the following three thresholds:

(I) Is capable of impounding >120 acre feet;

(II) Serves a total land area ≥ 100 acres; or

(III) Provides for the placement of ≥ 12 acres of impervious surface
$2,500

b. For a system involving the following total acreage of construction or
alteration in, on or over wetlands or other surface waters:

(I) ≥ 100 acres	$10,000

(II)  100 acres and  ≥ 50 acres	$8,000

(III)  50 acres and ≥ 10 acres	$6,500

(IV)  10 acres and ≥ 5 acres	$5,500

(V)  5 acres and ≥ 2 acres	$4,000

(VI)  2 acres and ≥ 1 acre	$3,000

c. For a system involving 10 or more new boat slips and either capable
of impounding ≥ 40 acre feet, serving a total land area  ≥ 40 acres,
providing for the placement of ≥ 12 acres of impervious surface, or
involving construction or alteration (other than new boat slips) in, on
or over wetlands or other surface waters, with the following number of
new slips:

(I) 50 or more	$6,500

(II) 30-49	$5,500

(III) 10-29	$4,000

d. For a system involving 10 or more new boat slips and capable of
impounding < 40 acre feet, serving a total land area < 40 acres,
providing for the placement of < 12 acres of impervious surface, and not
involving construction or alteration (other than new boat slips) in, on
or over wetlands or other surface waters, with the following number of
new slips:

(I) 50 or more	$4,000

(II) 30-49	$3,000

(III) 10-29	$1,500

e. For a system involving a new solid waste facility	$7,500

f. For a system involving an existing solid waste facility	$8,500

g. Systems solely for environmental restoration or enhancement
activities, provided such activities are not associated with a
mitigation bank and are not being implemented as mitigation for other
activities that require a permit under Part IV of Chapter 373, F.S.

$100

2. Standard Permits and Standard General Permits (those systems below
the thresholds listed in subparagraph 1. above):

a. For a system serving a project with a total land area < 100 acres and
 ≥ 40 acres, with the following additional activities:

(I) Both the construction of 1-9 new boat slips and the construction or
alteration (other than new boat slips) in, on or over a total area of
wetlands or other surface waters < 1 acre and > 0 acres

$1,500

(II) Either the construction of 1-9 new boat slips or the construction
or alteration (other than new boat slips) in, on or over a total area of
wetlands or other surface waters < 1 acre and > 0 acres

$1,000

(III) No construction or alteration in, on or over wetlands or other
surface waters	$700

b. For a system serving a project with a total land area < 40 acres and
> 1 acre, with the following additional activities:

(I) 3-9 new boat slips	$700

(II) 1-2 new boat slips	$600

(III) Construction or alteration (other than new boat slips) in, on or
over a total area of wetlands or other surface waters < 1 acre and > 0
acres

 ≤1 acre, with the following additional activities:

	(I) 3-9 new boat slips	$600

(II) 1-2 new boat slips	$300

(III) Construction or alteration (other than new boat slips) in, on or
over a total area of wetlands or other surface waters < 1 acre and > 0
acres

$500

d. Systems solely for environmental restoration or enhancement
activities, provided such activities are not associated with a
mitigation bank and are not being implemented as mitigation for other
activities that require a permit under Part IV of Chapter 373, F.S.

$100

3. Mitigation Bank and Mitigation Bank Conceptual Approval Permits
$4,000

4. Environmental Resource Permit for a system serving a project with a
total land area < 40 acres and:

	a. Involving no construction or alteration in, on or over wetlands or
other surface waters; or	$300

b. That is solely for environmental restoration or enhancement
activities, provided such activities are not associated with a
mitigation bank and are not being implemented as mitigation for other
activities that require a permit under Part IV of Chapter 373, F.S.

$100

5. For a Noticed General Permit	$100

6. Variances:

	a. To the prohibition of work in Class II Waters, approved for
shellfish harvesting	$100

b. To mangrove prohibitions in Chapter 62-321, F.A.C.	$100

c. Other variances	$500

7. Modifications:

	a. For major modifications of Individual and Conceptual Approval
Permits (no increase in project area)

$700

b. For major modifications of Individual and Conceptual Approval Permits
(with an increase in project area)

$2,000

c. For major modifications of Individual and Conceptual Approval Permits
for solid waste facilities	$4,000

d. For major modifications of Standard General Permits	50% of original

application fee

e. For minor modifications of Individual and Conceptual Approval Permits
for solid waste facilities	$1,500

f. For other minor modifications	Fee specified in

≤ 1 acre	$250

b. >1 acre and ≤ 10 acres	$550

c. >10 acres and ≤ 40 acres	$750

d. >40 acres and ≤ 100 acres	$1,500

e. For property greater than 100 acres in size, the fee will be $1500
plus an additional $200 for each additional 100 acres (or portion
thereof) that exceeds the first 100 acres.

f. For a new formal determination for single-family residences of less
than or equal to five

acres within the territory of the South Florida District Office of the
Department, under

subsection 62-343.040(3), F.A.C.	$250

2. For a new formal determination that covers property on which a valid
formal determination exists, provided that the petition for the new
formal determination is filed within 60 days of the date of expiration
of the existing formal determination and the physical conditions on the
property have not changed, other than changes authorized by a permit, so
as to alter the boundaries of surface waters or wetlands, and provided
the methodology for determining the extent of surface waters and
wetlands authorized by Sections 373.421 and 373.4211, F.S., has not been
amended since the previous formal determination.

$250

(j) Solid Waste Permits.

	1. Construction permit for a Class I facility.	$10,000

2. Construction permit for a Class II facility.	$10,000

3. Construction permit for a Class III facility.	$6000

4. Construction permit for a waste-to-energy facility not covered by the
Electric Power Plant Siting Act.	$10,000

5. Construction permit for other resource recovery facilities.	$2000

6. Construction permit for an incinerator.	$3000

7. Construction permit for a yard trash composting facility.	$2000

8. Construction permit for a manure composting facility.	$2000

9. Construction permit for a solid waste composting facility.	$5000

10. Construction/operation permit for a waste tire processing facility.
$1250

11. Construction permit for all other solid waste facilities.	$1000

12. Construction permit for an offsite Biohazardous Waste Treatment
$2000

Facility other than a biohazardous waste incinerator.

	13. Construction permit and/or an operation permit for a facility which
has multiple solid waste management components which normally would
require individual solid waste permits. A single application may be
submitted and the permit fee will be the sum of each individual permit;
however, the total permit fees for the facility shall not exceed
$25,000, exclusive of modifications and renewals.

14. Operation permit for a Class I facility.	$10,000

15. Operation permit for a Class II facility.	$10,000

16. Operation permit for a Class III facility.	$4000

17. Operation permit for a waste-to-energy facility not covered by the
Electric Power Plant Siting Act.

$10,000

18. Operation permit for other resource recovery facilities.	$1000

19. Operation permit for an incinerator.	$1000

20. Operation permit for a yard trash composting facility.	$1000

21. Operation permit for a manure composting facility.	$1000

22. Operation permit for a solid waste composting facility.	$3000

23. Operation permit for an offsite Biohazardous Waste Treatment
Facility other than a biohazardous waste incinerator.

$1000

24. Operation permit for all other solid waste facilities.	$500

25. Request for an Alternate Procedure.

	a. Landfill	$2000

b. Other	$500

26. Research, Development and Demonstration permits (one year permit).
$1000

27. Closure permit for a Class I facility.	$7500

28. Closure permit for a Class II facility.	$7500

29. Closure permit for a Class III facility.	$4000

30. Closure permit for all other solid waste facilities.	$1000

31. Renewal of Closure permit for landfills which address only long term
care.	$1000

32. Construction or Operation permits for Materials Recovery Facility.
$2000

33. Ground Water Monitoring Plan Approvals for solid waste landfills
with no other Department permit.

$500

(k) Petroleum Cleanup General Permits.

	1. Soil thermal treatment – mobile.	$500

2. Soil thermal treatment – stationary.	$500

(l) Hazardous Waste Permits.

	1. Construction of container and/or tank hazardous waste storage
facilities.	$15,000

2. Construction of container and/or tank hazardous waste storage and
treatment facilities.	$20,000

3. Construction of landfill, surface impoundment, waste pile, land
treatment, and miscellaneous unit facilities.

$25,000

4. Construction of hazardous waste storage, treatment and/or disposal
facilities with an incinerator, boiler or industrial furnace for
treatment of hazardous wastes generated on-site.

$25,000

5. Construction of commercial treatment, storage, and/or disposal
facility with a commercial incinerator, boiler or industrial furnace
managing hazardous wastes generated off-site.

$32,500

6. Operation of container and/or tank hazardous waste storage
facilities.	$10,000

7. Operation of container and/or tank hazardous waste storage and
treatment facilities.	$10,000

8. Operation of landfill, surface impoundment, waste pile, land
treatment, and miscellaneous unit facilities.

$15,000

9. Operation of hazardous waste storage, treatment and/or disposal
facilities with an incinerator, boiler or industrial furnace for
treatment of hazardous wastes generated on-site.

$15,000

10. Operation of commercial treatment, storage, and/or disposal
facilities with a commercial incinerator, boiler or industrial furnace
managing hazardous wastes generated off-site.

$32,500

11. Closure of container and/or tank hazardous waste storage facilities.
$10,000

12. Closure of container and/or tank hazardous waste storage and
treatment facilities.	$10,000

13. Closure of landfill, surface impoundment, waste pile, land
treatment, previously closed

	units required to demonstrate equivalent clean closure, and
miscellaneous unit facilities.	$20,000

14. Closure of hazardous waste storage, treatment and/or disposal
facilities with an incinerator, boiler or industrial furnace for
treatment of hazardous wastes generated on-site.

$15,000

15. Closure of commercial treatment, storage, and/or disposal facilities
with a commercial incinerator, boiler or industrial furnace managing
hazardous wastes generated off-site.

$32,500

16. Hazardous waste research, development and demonstration facilities.
$4000

17. Fees for modifications to hazardous waste permits proposed by the
permittee or required by Department rules shall be determined as stated
below. All modifications listed below require public notice. Contact the
appropriate District Office for guidance on how to determine which fee
applies before submitting the required information.

a. Substantial modifications that require significant changes to the
existing permit and require an extensive evaluation by the Department.
These shall require the same fee as a new application. Examples in this
category nclude alteration of the existing facility, change in the
facility plan, ground water monitoring program assessment or
remediation/engineering design or other general facility standard. The
fee schedule for new permit applications is listed above.

b. Substantial modifications that require a moderate technical
evaluation by the Department. Examples in this category include
alterations of the existing facility or its operation which will require
additional site-specific evaluation.

$10,000

c. Moderate modifications that require moderate technical evaluation by
the Department. These require a new site inspection, lead to different
environmental impacts, or lessen the impacts of the original permit.

$5000

d. Minor modifications, as defined in this subsection, that are not
otherwise specified, including common or frequently occurring changes
needed to maintain a facility’s capacity to manage wastes safely,
minor changes in ground water monitoring plans, or modifications to
conform to new requirements.

$1000

18. Department variance from federal regulations under 40 CFR 260.30.
$32,500

19. All other hazardous waste facility permits or authorizations for
which a specific fee is not specified.

$32,500

(m) Underground Injection Control Permits.

	1. Construction permit for each Class I test/injection well.	$12,500

2. Construction permit for each Class I exploratory well.	$5000

3. Construction permit for each monitoring well associated with a Class
I injection facility when not permitted under a Class I exploratory well
or Class I test/injection well permit.	$1000

per well not to exceed

$10,000 for the facility

4. Permit to convert each well from a Class I to a Class V well.	$10,000

5. Operation permit for each Class I well.	$10,000

6. Permit to convert a Class I injection well or exploratory well to a
monitoring well when not proposed under a construction permit.

$500

7. Abandonment permit for each Class I well.	$100

8. Construction permit for each Class III well.	$1000

9. Operation permit for each Class III well.	$1000

10. Abandonment permit for each Class III well.	$100

11. Construction permit for each Class V well.	$750

12. Operation permit for each Class V well.	$750

13. Abandonment permit for each Class V well.	$25

14. General permit for each Class V well.

	a. General permits requiring Professional Engineer or Professional
Geologist certification	$250

b. General permits not requiring Professional Engineer or Professional
Geologist certification

$25

15. Major modifications are modifications to an injection facility
requiring substantial technical evaluation by the Department, and which
will not lead to substantially different environmental impacts (unless
those impacts will lessen the impacts of the original permit).

a. Major modification to a Class I injection facility.	$1000

b. Major modification to a Class III injection facility.	$500

c. Major modification to a Class V injection facility.	$250

16. Minor modifications are modifications to an injection facility that
do not require a substantial technical evaluation by the Department,
will not result in increased capacity of the injection system, do not
require a new site inspection by the Department, and will not lead to
substantially different environmental impacts or will lessen the impacts
of the original permit.

a. Minor modification to a Class I or Class III injection facility.	$250

b. Minor modification to a Class V injection facility.	$100

17. Rerating of the permitted capacity of a Class I injection well to
the maximum injection velocity allowed under paragraph 62-28.230(1)(e),
F.A.C.	$250

(n) Drinking Water (Public Water Supply) Permits.

1. Construction permit for each Category I through III treatment plant,
as defined in Rule 62-699.310, F.A.C., with treatment other than
disinfection only.

a. Treatment plant – 5 MGD and above	$7500

b. Treatment plant – 1 MGD up to 5 MGD	$6000

c. Treatment plant – 0.25 MGD up to 1 MGD	$4000

d. Treatment plant – 0.1 MGD up to 0.25 MGD	$2000

e. Treatment plant – up to 0.1 MGD	$1000

2. Construction permit for each Category IV treatment plant, as defined
in Rule 62-699.310, F.A.C., with treatment other than disinfection only.

a. Treatment plant – 5 MGD and above	$7500

b. Treatment plant – 1 MGD up to 5 MGD	$6000

c. Treatment plant – 0.25 MGD up to 1 MGD

	d. Treatment plant – 0.1 MGD up to 0.25 MGD	$2000

e. Treatment plant – .01 MGD up to 0.1 MGD	$1000

f. Treatment plant – up to 0.01 MGD	$400

3. Construction permit for each Category V treatment plant, as defined
in Rule 62-699.310, F.A.C. – Disinfection only.

a. Treatment plant – 5 MGD and above	$5000

b. Treatment plant – 1 MGD up to 5 MGD	$3000

c. Treatment plant – 0.25 MGD up to 1 MGD	$1000

d. Treatment plant – up to 0.25 MGD	$500

e. Treatment plant – up to 0.1 MGD	$300

4. Distribution and transmission systems, including raw water lines into
the plant, except those under general permit.

a. Serving a community public water system	$500

b. Serving a non-transient non-community public water system	$350

c. Serving a non-community public water system	$250

5. Construction permit for each public water supply well.

	a. Well located in a delineated area pursuant to Chapter 62-524, F.A.C.
$500

b. Any other public water supply well.	$250

6. Major modifications to systems that alter the existing treatment
without expanding the capacity of the system and are not considered
substantial changes pursuant to subsection 62-4.050(7), F.A.C., below.

a. 1 MGD and above	$2000

b. 0.1 MGD up to 1 MGD	$1000

c. 0.01 MGD up to 0.1 MGD	$500

d. Up to 0.01 MGD	$100

7. Minor modifications to systems that result in no change in the
treatment or capacity.

	a. 0.1 MGD and above	$300

b. Up to 0.1 MGD	$100

(o) Temporary operation permits shall be 20 percent over the fee for the
operation permit for the activity to be permitted.

(p) General Permit fee for any General Permit not specifically listed in
paragraphs (a) through (l).

1. General permits requiring Professional Engineer or Professional
Geologist certification	$250

2. General permits not requiring Professional Engineer or Professional
Geologist certification.	$100

(q) Unless otherwise specified in this rule, the fee for applications
for relief mechanisms shall be as follows:

	1. Site specific alternative criteria for each water quality criteria
$15,000

2. Variance or exemption for each water quality criteria	$6000

3. Variance or exemption for public water system from maximum
contaminant level/treatment techniques	$1000

4. Variance from other permitting standards or conditions	$2000

5. Aquifer exemption – major	$15,000

6. Aquifer exemption – minor	$7500

(r) Permits to construct or operate any other type of facility or
stationary installation not specifically listed in paragraphs (a)
through (n).

$100

(s) Minor modifications of permits that do not require substantial
technical evaluation by the Department, do not require a new site
inspection by the Department, and will not lead to substantially
different environmental impacts or will lessen the impacts of the
original permit:

1. To correct minor errors or typographical mistakes and that do not
involve technical review	$0

2. To incorporate changes requested by the Department or required
through permits issued by other regulatory agencies, and to change due
dates for reporting or performance deadlines when such changes in the
due date do not involve any new work, any new work locations, or any new
activities, and will not alter, replace, or otherwise eliminate the
requirements for otherwise performing the work required by the permit

$0

3. That consist of transfers of permits or time extensions	$50

4. That consist of minor technical changes which involve new work, new
work locations, new activities, or any other change which alters,
replaces, or otherwise eliminates the work authorized by the permit when
the original permit fee of the issued permit is less than $300, except
for modifications to permits issued pursuant to Section 403.816, F.S.

$50

5. That consist of minor technical changes which involve new work, new
work locations, new activities, or any other change which alters,
replaces, or otherwise eliminates the work authorized by the permit when
the original permit fee of the issued permit is more than or equal to
$300, except for Domestic Wastewater Facility Permits, Industrial
Wastewater Facility Permits, Drinking Water (Public Water Supply)
Permits, Underground Injection Control Permits and permits issued
pursuant  to Section 403.816, F.S.

$250

(t) For purposes of requiring a permit application and fee for the
following facility types, each non-contiguous project shall be
considered a stationary installation and shall require a separate
application and fee.

1. Domestic wastewater collection system.

2. Drinking water distribution system.

(u) All fees shall be deposited in the Florida Permit Fee Trust Fund
created pursuant to Section 403.087(5), F.S.

(v) If the department requires by rule or permit condition that any
specific permit be renewed more frequently than once every five years,
the permit fee shall be prorated based upon the permit fee schedule in
effect at the time of permit renewal. Upon issuance of such a permit, a
prorated refund of the fee shall be returned to the applicant. This
provision does not apply to permits issued for less than five years
which could be extended to five years without the filing of an
application for renewal. However, applications for permits to continue
operation of a facility where an existing permit has or is about to
expire in accordance with Section 403.087(1), F.S., shall be accompanied
by the appropriate processing fee.

(w) This fee schedule does not apply to applications for certification
pursuant to Sections 288.501-.518, F.S., Florida Industrial Siting Act;
Sections 341.321-.386, F.S., the High Speed Rail Transportation
Commission, except that fees may be assessed for the permitting of
Ancillary Facilities under the Act for which a master plan approval was
granted under the Act; to Sections 403.501-.519, F.S., Florida
Electrical Power Plant Siting Act; or to Sections 403.52-.539, F.S., the
Transmission Line Siting Act.

(x) This fee schedule will supersede all other references to fees in
Department rules or forms, where inconflict except as noted in paragraph
62-4.050(4)(n), F.A.C.

(y) In the jurisdiction of an approved local program which in accordance
with an interagency agreement assists the Department in the processing
of permits the fee paid to the Department shall be reduced by the amount
specified in the agreement. That amount shall be commensurate with the
savings to the Department resulting from the assistance of the local
program.

(5)(a) To be considered by the Department, each application must be
accompanied by the proper processing fee. The fee shall be paid by
check, payable to the Department of Environmental Protection. The fee is
non-refundable except as provided in Section 120.60, F.S., and in this
section.

(b) When an application is received without the required fee, the
Department shall acknowledge receipt of the application and shall
immediately notify the applicant by certified mail that the required fee
was not received and advise the applicant of the correct fee. The
Department shall take no further action until the correct fee is
received. If a fee was received by the Department which is less than the
amount required, the Department shall return the fee along with the
written notification.

(c) Upon receipt of the proper application fee, the permit processing
time requirements of Sections 120.60(1) and 403.0876, F.S., shall begin.

(d) If the applicant does not submit the required fee within ten days of
receipt of written notification, the Department shall either return the
unprocessed application or arrange with the applicant for the pick up of
the application.

(e) If an applicant submits an application fee in excess of the required
fee, the permit processing time requirements of Sections 120.60(1) and
403.0876, F.S., shall begin upon receipt, and the Department shall
refund to the applicant the amount received in excess of the required
fee.

(6) Any substantial modification to a complete application shall require
an additional processing fee determined pursuant to the schedule set
forth in Rule 62-4.050, F.A.C., and shall restart the time requirements
of Sections 120.60 and 403.0876, F.S. For purposes of this subsection,
the term “substantial modification” shall mean a modification which
is reasonably expected to lead to substantially different environmental
impacts which require a detailed review.

(7) Modifications to existing permits proposed by the permittee which
require substantial changes in the existing permit or require
substantial evaluation by the Department of potential impacts of the
proposed modifications shall require the same fee as a new application
for the same time duration except for modification under Chapter 62-45,
F.A.C.

(8) The difference between the processing fee for applications for
individual permits and the processing fee for general permits shall be
refunded only for those applications that qualify for a general permit
solely as a result of a change in Department rules while the application
is being processed. Processing fees for applications for individual
permits shall not be refunded in whole or in part where an applicant
modifies a project to qualify for a general permit when the project did
not qualify for a general permit when processing commenced.

Specific Authority 373.026, 373.043, 373.414, 373.418, 373.421, 403.061,
403.087, 403.704(30), 403.805 FS. Law Implemented 373.109, 373.309,
373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15),
(16), 373.4145, 373.418, 373.421, 403.061, 403.087, 403.0877, 403.088,
403.0885, 403.722, 403.861(7) FS. History–New 5-17-72, Amended
6-19-74, 7-8-82, Formerly 17-4.05, Amended 11-15-87, 8-31-88, 10-3-88,
4-4-89, 3-19-90, 6-11-90, 3-7-91, 3-18-91, 5-30-91, 10-30-91, 11-16-92,
12-21-92, 7-11-93, 2-2-94, Formerly 17-4.050, Amended 11-23-94, 4-30-95,
7-4-95, 12-15-98, 10-22-00, 6-1-01, 1-30-03, 2-19-03, 4-3-03, 5-1-03,
2-7-06, 10-31-07.

62-4.055 Permit Processing.

(1) Within thirty days after receipt of an application for a permit and
the correct processing fee the Department shall review the application
and shall request submittal of additional information the Department is
authorized by law to request. The applicant shall have ninety days after
the Department mails a timely request for additional information to
submit that information to the Department. If an applicant requires more
than ninety days in which to respond to a request for additional
information, the applicant may notify the Department in writing of the
circumstances, at which time the application shall be held in active
status for one additional period of up to ninety days. Additional
extensions shall be granted for good cause shown by the applicant. A
showing that the applicant is making a diligent effort to obtain the
requested additional information shall constitute good cause. Failure of
an applicant to provide the timely requested information by the
applicable deadline shall result in denial of the application.

(2) If the applicant believes any Department request for additional
information is not authorized by law or rule, the applicant may request
a hearing pursuant to Section 120.57, F.S.

(3) Within 30 days after receipt of such additional information, the
Department shall review it and may request only that information needed
to clarify such additional information or to answer new questions raised
by or directly related to such additional information.

(4) If the applicant believes the request of the Department for such
additional information is not authorized by law or rule, the Department,
at the applicant’s request, shall begin to process the permit
application. Such a request by the applicant shall be in writing and
shall be clearly labelled as a request for the Department to process the
application. The applicant’s request shall state the reasons why the
applicant believes the Department’s request for additional information
is not authorized by law or rule. The applicant shall clearly state that
the applicant requests the Department to process the application without
that information. The applicant’s request shall be submitted to the
Department office which made the request.

(5) Permits shall be approved or denied within 90 days after receipt of
the original application, the last item of timely requested additional
material, or the applicant’s written request to begin processing the
permit application, whichever occurs last.

(6) The procedures in this section do not apply to hazardous waste
facility permitting under Florida Administrative Code Rule Chapter
62-730, or to other permitting for which there are other specific
procedures.

Specific Authority 120.54(5), 403.061, 403.087 FS. Law Implemented
403.021, 403.061, 403.062, 403.087, 403.0876 FS. History–New 12-3-84,
Amended 8-31-88, 7-11-93, Formerly 17-4.055, Amended 8-16-98.

62-4.060 Consultation.

The applicant, or his engineer, is encouraged to consult with Department
personnel before submitting an application, or at any other time
concerning the operation, construction, expansion, or modification of
any installation, or concerning the required pollution control devices
or system, the efficiency of such devices or system, or the pollution
problem related to the installation. However, any representation by the
Department shall not relieve any person from any requirement of Florida
law.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 5-17-72, Formerly 17-4.06, Amended 8-31-88, Formerly
17-4.060.

62-4.070 Standards for Issuing or Denying Permits; Issuance; Denial.

(1) A permit shall be issued to the applicant upon such conditions as
the Department may direct, only if the applicant affirmatively provides
the Department with reasonable assurance based on plans, test results,
installation of pollution control equipment, or other information, that
the construction, expansion, modification, operation, or activity of the
installation will not discharge, emit, or cause pollution in
contravention of Department standards or rules. However, for discharges
of wastes to water, the Department may issue temporary operation permits
under the criteria set forth in Section 403.088(3), F.S.

(2) If, after review of the application and all the information, the
Department determines that the applicant has not provided reasonable
assurance that the construction, modification, expansion, or operation
of the installation will be in accord with applicable laws or rules,
including rules of approved local programs, the Department shall deny
the permit.

(3) The Department may issue any permit with specific conditions
necessary to provide reasonable assurance that Department rules can be
met.

(4) No Department permits shall be issued for a term of more than five
(5) years unless otherwise specified by statute, rule, or order of the
Department. However, construction permits for air pollution sources may
be issued for a period of time as necessary.

(5) The Department shall take into consideration a permit applicant’s
violation of any Department rules at any installation when determining
whether the applicant has provided reasonable assurances that Department
standards will be met.

(6) The applicant shall be promptly notified if the Department intends
to deny the application, and shall be informed of the reasons for the
intended denial, and of the right to request an administrative hearing.

(7) The issuance of a permit does not relieve any person from complying
with the requirements of Chapter 403, F.S., or Department rules.

Specific Authority 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–
New 5-17-72, Amended 7-8-82, 2-1-83, 12-3-84, Formerly 17-4.07, Amended
8-31-88, 3-28-91, Formerly 17-4.070.

62-4.080 Modification of Permit Conditions.

(1) For good cause and after notice and an administrative hearing, if
requested, the Department may require the permittee to conform to new or
additional conditions. The Department shall allow the permittee a
reasonable time to conform to the new or additional conditions and on
application of the permittee the Department may grant additional time.

For the purpose of this section, good cause shall include, but not be
limited to, any of the following:

(a) A showing that an improvement in effluent or emission quality or
quantity can be accomplished because of technological advances without
unreasonable hardship.

(b) A showing that a higher degree of treatment is necessary to effect
the intent and purpose of Chapter 403, F.S.

(c) A showing of any change in the environment or surrounding conditions
that requires a modification to conform to applicable air or water
quality standards.

(d) For discharges into State waters, a showing that new or changed
classification of the water requires a modification of the discharge.

(e) Adoption or revision of Florida Statutes, rules, or standards which
require the modification of a permit condition for compliance.

(2) A permittee may request a modification of a permit by applying to
the Department.

(3) A permittee may request that a permit be extended as a modification
of the permit. Such a request must be submitted to the Department in
writing before the expiration of the permit. Upon timely submittal of a
request for extension, unless the permit automatically expires by
statute or rule, the permit will remain in effect until final agency
action is taken on the request. For construction permits, an extension
shall be granted if the applicant can demonstrate reasonable assurances
that, upon completion, the extended permit will comply with the
standards and conditions required by applicable regulation. For all
other permits, an extension shall be granted if the applicant can
demonstrate reasonable assurances that the extended permit will comply
with the standards and conditions applicable to the original permit. A
permit for which the permit application fee was prorated in accordance
with paragraph 62-4.050(4)(l), F.A.C., shall not be extended. In no
event shall a permit be extended or remain in effect longer than the
time limits established by statute or rule.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 5-17-72, Formerly 17-4.08, Amended 8-31-88, 3-19-90,
Formerly 17-4.080.

  HYPERLINK "https://www.flrules.org/gateway/ruleNo.asp?id=62-4.090" \t
"ruleNo"  62-4.090  Renewals.

Renewals. Prior to 135 days before the expiration of a hazardous waste
operation permit, 180 days before the expiration of a hazardous waste
closure permit, or sixty days before the expiration of any other
Department operation permit except a permit issued pursuant to Chapter
62-213, F.A.C., the permittee shall apply for a renewal of a permit
using forms incorporated by reference in the specific rule chapter for
that kind of permit. Renewals of permits issued pursuant to Chapter
62-213, F.A.C., shall be processed in accordance with the chapter and
not with this rule. A renewal application shall be timely and
sufficient. If the application is submitted prior to the days specified
above before expiration of the permit, it will be considered timely and
sufficient. If the renewal application is submitted at a later date, it
will not be considered timely and sufficient unless it is submitted and
made complete prior to the expiration of the operation permit. When the
application for renewal is timely and sufficient, the existing permit
shall remain in effect until the renewal application has been finally
acted upon by the Department or, if there is court review of the
Department’s final agency action, until a later date is required by
Section 120.60, F.S.

Specific Authority 120.60, 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 120.60, 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 5-17-72, Formerly 17-4.09, Amended 8-31-88, 3-19-90,
7-11-93, Formerly 17-4.090, Amended 4-18-95, 3-16-08.

62-4.100 Suspension and Revocation.

(1) Permits shall be effective until suspended, revoked, surrendered, or
expired and shall be subject to the provisions of Chapter 403, F.S., and
rules of the Department.

(2) Failure to comply with pollution control laws and rules shall be
grounds for suspension or revocation.

(3) A permit issued pursuant to this chapter shall not become a vested
property right in the permittee. The Department may revoke any permit
issued by it if it finds that the permit holder or his agent:

(a) Submitted false or inaccurate information in his application or
operational reports.

(b) Has violated law, Department orders, rules or permit conditions.

(c) Has failed to submit operational reports or other information
required by Department rules.

(d) Has refused lawful inspection under Section 403.091, F.S.

(4) No revocation shall become effective except after notice is served
by personal service, certified mail, or newspaper notice pursuant to
Section 120.60(5), F.S., upon the person or persons named therein and a
hearing held if requested within the time specified in the notice. The
notice shall specify the provision of the law, or rule alleged to be
violated, or the permit condition or Department order alleged to be
violated, and the facts alleged to constitute a violation thereof.

Specific Authority 120.60, 403.061(7) FS. Law Implemented 120.60,
403.021, 403.031, 403.061, 403.087, 403.088 FS. History–Formerly
17-4.07, FAC, New 3-4-70, Revised 5-17-72, Amended 8-7-73, Formerly
17-4.10, Amended 8-31-88, Formerly 17-4.100.

62-4.110 Financial Responsibility.

The Department may require an applicant to submit proof of financial
responsibility and may require the applicant to post an appropriate bond
to guarantee compliance with the law and Department rules.

Specific Authority 403.061(7) FS. Law Implemented 403.021, 403.031,
403.061, 403.087, 403.088 FS. History–New 5-17-72, Amended 8-7-73,
Formerly 17-4.11, Amended 8-31-88, Formerly 17-4.110.

62-4.120 Transfer of Permits.

(1) Within 30 days after the sale or legal transfer of a permitted
facility, an “Application for Transfer of Permit” (DEP Form
62-1.201(1)) must be submitted to the Department. This form must be
completed with the notarized signatures of both the permittee and the
proposed new permittee. For air permits, an “Application for Transfer
of Air Permit” (DEP Form 62-210.900(7)) shall be submitted.

(2) The Department shall approve the transfer of a permit unless it
determines that the proposed new permittee cannot provide reasonable
assurances that conditions of the permit will be met. The determination
shall be limited solely to the ability of the new permittee to comply
with the conditions of the existing permit, and it shall not concern the
adequacy of these permit conditions. If the Department proposes to deny
the transfer, it shall provide both the permittee and the proposed new
permittee a written objection to such transfer together with notice of a
right to request a Chapter 120, F.S., proceeding on such determination.

(3) Within 30 days of receiving a properly completed Application for
Transfer of Permit form, the Department shall issue a final
determination. The Department may toll the time for making a
determination on the transfer by notifying both the permittee and the
proposed new permittee that additional information is required to
adequately review the transfer request. Such notification shall be
served within 30 days of receipt of an Application for Transfer of
Permit form, completed pursuant to subsection (1). If the Department
fails to take action to approve or deny the transfer within 30 days of
receipt of the completed Application for Transfer of Permit form, or
within 30 days of receipt of the last item of timely requested
additional information, the transfer shall be deemed approved.

(4) The permittee is encouraged to apply for a permit transfer prior to
the sale or legal transfer of a permitted facility. However, the
transfer shall not be effective prior to the sale or legal transfer.

(5) Until this transfer is approved by the Department, the permittee and
any other person constructing, operating, or maintaining the permitted
facility shall be liable for compliance with the terms of the permit.
The permittee transferring the permit shall remain liable for corrective
actions that may be required as a result of any violations occurring
prior to the sale or legal transfer of the facility.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 3-4-70, Revised 5-17-72, Formerly 17-4.12, Amended
3-19-90, Formerly 17-4.120, Amended 4-16-01.

62-4.130 Plant Operation - Problems.

If the permittee is temporarily unable to comply with any of the
conditions of the permit due to breakdown of equipment or destruction by
hazard of fire, wind or by other cause, the permittee shall immediately
notify the Department. Notification shall include pertinent information
as to the cause of the problem, and what steps are being taken to
correct the problem and to prevent its recurrence, and where applicable,
the owner’s intent toward reconstruction of destroyed facilities. Such
notification does not release the permittee from any liability for
failure to comply with Department rules.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 3-4-70, Revised 5-17-72, Formerly 17-4.13, Amended
8-31-88, Formerly 17-4.130.

62-4.150 Review.

Failure to request a hearing within 14 days of receipt of notice of
proposed or final agency action on a permit application or as otherwise
required in Chapter 62-103, F.A.C., shall be deemed a waiver of the
right to an administrative hearing.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 5-17-72, Formerly 17-4.15, Amended 8-31-88, Formerly
17-4.150.

62-4.160 Permit Conditions.

All permits issued by the Department shall include the following general
conditions:

(1) The terms, conditions, requirements, limitations and restrictions
set forth in this permit, are “permit conditions” and are binding
and enforceable pursuant to Sections 403.141, 403.727, or 403.859
through 403.861, F.S. The permittee is placed on notice that the
Department will review this permit periodically and may initiate
enforcement action for any violation of these conditions.

(2) This permit is valid only for the specific processes and operations
applied for and indicated in the approved drawings or exhibits. Any
unauthorized deviation from the approved drawings, exhibits,
specifications, or conditions of this permit may constitute grounds for
revocation and enforcement action by the Department.

(3) As provided in subsections 403.987(6) and 403.722(5), F.S., the
issuance of this permit does not convey any vested rights or any
exclusive privileges. Neither does it authorize any injury to public or
private property or any invasion of personal rights, nor any
infringement of federal, state, or local laws or regulations. This
permit is not a waiver of or approval of any other department permit
that may be required for other aspects of the total project which are
not addressed in this permit.

(4) This permit conveys no title to land or water, does not constitute
State recognition or acknowledgment of title, and not constitute
authority for the use of submerged lands unless herein provided and the
necessary title or leasehold interests have been obtained from the
State. Only the Trustees of the Internal Improvement Trust Fund may
express State opinion as to title.

(5) This permit does not relieve the permittee from liability for harm
or injury to human health or welfare, animal, or plant life, or property
caused by the construction or operation of this permitted source, or
from penalties therefore; nor does it allow the permittee to cause
pollution in contravention of Florida Statutes and Department rules,
unless specifically authorized by an order from the Department.

(6) The permittee shall properly operate and maintain the facility and
systems of treatment and control (and related appurtenances) that are
installed and used by the permittee to achieve compliance with the
conditions of this permit, as required by Department rules. This
provision includes the operation of backup or auxiliary facilities or
similar systems when necessary to achieve compliance with the conditions
of the permit and when required by Department rules.

(7) The permittee, by accepting this permit, specifically agrees to
allow authorized Department personnel, upon presentation of credentials
or other documents as may be required by law and at reasonable times,
access to the premises where the permitted activity is located or
conducted to:

(a) Have access to and copy any records that must be kept under
conditions of the permit;

(b) Inspect the facility, equipment, practices, or operations regulated
or required under this permit; and

(c) Sample or monitor any substances or parameters at any location
reasonably necessary to assure compliance with this permit or Department
rules.

Reasonable time may depend on the nature of the concern being
investigated.

(8) If, for any reason, the permittee does not comply with or will be
unable to comply with any condition or limitation specified in this
permit, the permittee shall immediately provide the Department with the
following information:

(a) A description of and cause of noncompliance; and

(b) The period of noncompliance, including dates and times; or, if not
corrected, the anticipated time the noncompliance is expected to
continue, and steps being taken to reduce, eliminate, and prevent
recurrence of the noncompliance. The permittee shall be responsible for
any and all damages which may result and may be subject to enforcement
action by the Department for penalties or for revocation of this permit.

(9) In accepting this permit, the permittee understands and agrees that
all records, notes, monitoring data and other information relating to
the construction or operation of this permitted source which are
submitted to the Department may be used by the Department as evidence in
any enforcement case involving the permitted source arising under the
Florida Statutes or Department rules, except where such use is
prescribed by Sections 403.111 and 403.73, F.S. Such evidence shall only
be used to the extent it is consistent with the Florida Rules of Civil
Procedure and appropriate evidentiary rules.

(10) The permittee agrees to comply with changes in Department rules and
Florida Statutes after a reasonable time for compliance; provided,
however, the permittee does not waive any other rights granted by
Florida Statutes or Department rules. A reasonable time for compliance
with a new or amended surface water quality standard, other than those
standards addressed in Rule 62-302.500, F.A.C., shall include a
reasonable time to obtain or be denied a mixing zone for the new or
amended standard.

(11) This permit is transferable only upon Department approval in
accordance with Rules 62-4.120 and 62-730.300, F.A.C., as applicable.
The permittee shall be liable for any non-compliance of the permitted
activity until the transfer is approved by the Department.

(12) This permit or a copy thereof shall be kept at the work site of the
permitted activity.

(13) This permit also constitutes:

(a) Determination of Best Available Control Technology (BACT)

(b) Determination of Prevention of Significant Deterioration (PSD)

(c) Certification of compliance with State Water Quality Standards
(Section 401, PL 92-500)

(d) Compliance with New Source Performance Standards

(14) The permittee shall comply with the following:

(a) Upon request, the permittee shall furnish all records and plans
required under Department rules. During enforcement actions, the
retention period for all records will be extended automatically unless
otherwise stipulated by the Department.

(b) The permittee shall hold at the facility or other location
designated by this permit records of all monitoring information
(including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation)
required by the permit, copies of all reports required by this permit,
and records of all data used to complete the application for this
permit. These materials shall be retained at least three years from the
date of the sample, measurement, report, or application unless otherwise
specified by Department rule.

(c) Records of monitoring information shall include:

1. The date, exact place, and time of sampling or measurements;

2. The person responsible for performing the sampling or measurements;

3. The dates analyses were performed;

4. The person responsible for performing the analyses;

5. The analytical techniques or methods used;

6. The results of such analyses.

(15) When requested by the Department, the permittee shall within a
reasonable time furnish any information required by law which is needed
to determine compliance with the permit. If the permittee becomes aware
the relevant facts were not submitted or were incorrect in the permit
application or in any report to the Department, such facts or
information shall be corrected promptly.

(16) In the case of an underground injection control permit, the
following permit conditions also shall apply:

(a) All reports or information required by the Department shall be
certified as being true, accurate and complete.

(b) Reports of compliance or noncompliance with, or any progress reports
on, requirements contained in any compliance schedule of this permit
shall be submitted no later than 14 days following each schedule date.

(c) Notification of any noncompliance which may endanger health or the
environment shall be reported verbally to the Department within 24 hours
and again within 72 hours, and a final written report provided within
two weeks.

1. The verbal reports shall contain any monitoring or other information
which indicate that any contaminant may endanger an underground source
of drinking water and any noncompliance with a permit condition or
malfunction of the injection system which may cause fluid migration into
or between underground sources of drinking water.

2. The written submission shall contain a description of and a
discussion of the cause of the noncompliance and, if it has not been
corrected, the anticipated time the noncompliance is expected to
continue, the steps being taken to reduce, eliminate, and prevent
recurrence of the noncompliance, and all information required by
paragraph 62-528.415(4)(b), F.A.C.

(d) The Department shall be notified at least 180 days before conversion
or abandonment of an injection well, unless abandonment within a lesser
period of time is necessary to protect waters of the State.

(17) The following conditions also shall apply to a hazardous waste
facility permit.

(a) The following reports shall be submitted to the Department:

1. Manifest discrepancy report. If a significant discrepancy in a
manifest is discovered, the permittee shall attempt to rectify the
discrepancy. If not resolved within 15 days after the waste is received,
the permittee shall immediately submit a letter report, including a copy
of the manifest, to the Department.

2. Unmanifested waste report. The permittee shall submit an unmanifested
waste report to the Department within 15 days of receipt of unmanifested
waste.

3. Biennial report. A biennial report covering facility activities
during the previous calendar year shall be submitted by March 1 of each
even numbered year pursuant to Chapter 62-730, F.A.C.

(b) Notification of any noncompliance which may endanger health or the
environment, including the release of any hazardous waste that may
endanger public drinking water supplies or the occurrence of a fire or
explosion from the facility which could threaten the environment or
human health outside the facility, shall be reported verbally to the
Department within 24 hours, and a written report shall be provided
within 5 days. The verbal report shall include the name, address, I.D.
number, and telephone number of the facility, its owner or operator, the
name and quantity of materials involved, the extent of any injuries, an
assessment of actual or potential hazards, and the estimated quantity
and disposition of recovered material. The written submission shall
contain:

1. A description and cause of the noncompliance.

2. If not corrected, the expected time of correction, and the steps
being taken to reduce, eliminate, and prevent recurrence of the
noncompliance.

(c) Reports of compliance or noncompliance with, or any progress reports
on, requirements in any compliance schedule shall be submitted no later
than 14 days after each schedule date.

(d) All reports or information required by the department by a hazardous
waste permittee shall be signed by a person authorized to sign a permit
application.

Specific Authority 403.061, 403.087, 403.088 FS. Law Implemented
403.061, 403.087, 403.088 FS. History–New 8-31-88, Amended 10-4-89,
7-11-93, Formerly 17-4.160.

  HYPERLINK "https://www.flrules.org/gateway/ruleNo.asp?id=62-4.200" \t
"ruleNo"  62-4.200  Scope of Part II.

This Part sets forth additional requirements for certain Department
permits, exemptions from permitting, requirements for mixing zones and
zones of discharge, and related requirements. Except as otherwise
provided in the rules adopted by reference under Chapter 62-330 or by
Chapter 62-343 or 62-346, F.A.C., this Part shall not apply to
activities regulated under Part IV of Chapter 373, F.S. However, this
Part shall continue to apply to those activities grandfathered under
Sections 373.414(11), (12)(a), (13), (14), (15), (16) and 373.4145(6),
F.S.

Specific Authority 373.026, 373.043, 373.044, 373.109, 373.113,
373.4145, 373.418, 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135,
373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418,
403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72,
Formerly 17-4.20, Amended 8-31-88, Formerly 17-4.200, Amended 7-4-95,
10-1-07.

62-4.210 Construction Permits.

(1) No person shall construct any installation or facility which will
reasonably be expected to be a source of air or water pollution without
first applying for and receiving a construction permit from the
Department unless exempted by statute or Department rule. In addition to
the requirements of Part I of this chapter, applicants for a Department
Construction Permit shall submit the following as applicable:

(a) A completed application on forms furnished by the Department.

(b) An engineering report covering:

1. Plant description and operations,

2. Types and quantities of all waste material to be generated whether
liquid, gaseous or solid,

3. Proposed waste control facilities,

4. The treatment objectives,

5. The design criteria on which the control facilities are based, and

6. Other information deemed relevant.

Design criteria submitted pursuant to subparagraph 5. shall be based on
the results of laboratory and pilot-plant scale studies whenever such
studies are warranted. The design efficiencies of the proposed waste
treatment facilities and the quantities and types of pollutants in the
treated effluents or emissions shall be indicated. Work of this nature
shall be subject to the requirements of Chapter 471, F.S. Where
confidential records are involved, certain information may be kept
confidential pursuant to Section 403.111, F.S.

(c) The owners’ written guarantee to meet the design criteria as
accepted by the Department and to abide by Chapter 403, F.S., and the
rules of the Department as to the quantities and types of materials to
be discharged from the installation. The owner may be required to post
an appropriate bond or other equivalent evidence of financial
responsibility to guarantee compliance with such conditions in instances
where the owner’s financial resources are inadequate or proposed
control facilities are experimental in nature.

(2) The construction permit may contain conditions and an expiration
date as determined by the Secretary or his designee.

(3) When the Department issues a permit to construct, the permittee
shall be allowed a period of time, specified in the permit, to
construct, and to operate and test to determine compliance with Chapter
403, F.S., and the rules of the Department and, where applicable, to
apply for and receive an operation permit. The Department may require
tests and evaluations of the treatment facilities by the permittee at
his expense.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–New 5-17-72, Formerly 17-4.21, Amended 8-31-88, Formerly
17-4.210.

62-4.220 Operation Permit for New Sources.

In addition to the provisions of Parts I and II of this chapter, to
properly apply for an operation permit for new sources the applicant
shall submit the appropriate fee and certification that construction was
completed, noting any deviations from the conditions in the construction
permit and test results where appropriate.

Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law
Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS.
History–Formerly 17-4.05, New 3-4-70, Revised 5-17-72, Formerly
17-4.22, Amended 8-31-88, Formerly 17-4.220.

62-4.249 Preservation of Rights.

In the event any of the moderating provisions described in paragraph
62-3.011(18)(b), F.A.C., are declared invalid by a court of competent
jurisdiction or a hearing officer pursuant to Section 120.56, F.S., then
the Environmental Regulation Commission shall, at the earliest
opportunity, reconsider the affected provisions and all other relevant
portions of this rule to determine if alternative provisions should be
adopted in order to resolve issues resulting from such decision or
action and to assure that the intent expressed in subsection
62-3.011(18), F.A.C., is fully implemented.

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804,
403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.091,
403.101, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 402.708
FS. History–New 3-1-79, Amended 8-31-88, Formerly 17-4.249.

  HYPERLINK "https://www.flrules.org/gateway/ruleNo.asp?id=62-4.510" \t
"ruleNo"  62-4.510  Scope of Part III.

This Part defines general permits and establishes the procedures for
persons who may wish to use a general permit, except that the procedures
for any person who may wish to use a general permit for a source of air
pollutant emissions, and all conditions of such a general permit, are
established at Chapters 62-210 and 62-213, F.A.C. The provisions of this
Part shall not apply to activities regulated under Part IV of Chapter
373, F.S. However, this Part shall continue to apply to those activities
grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15),
(16) and 373.4145(6), F.S.

Specific Authority 373.026, 373.043, 373.044, 373.109, 373.113,
373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.814(1) FS.
Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135,
373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418,
403.021, 403.031, 403.061, 403.087, 403.088, 403.814, 403.702-.73,
403.851-.864 FS. History–New 7-8-82, Formerly 17-4.51, Amended
8-31-88, Formerly 17-4.510, Amended 4-18-95, 7-4-95, 10-16-95, 4-16-01,
10-1-07.

62-4.520 Definition.

A general permit is a permit issued by rule of the Department pursuant
to Section 403.814, F.S., which authorizes persons to undertake certain
activities which cause minimal adverse environmental impact when
performed in accordance with specific requirements and practices set
forth in the general permit. A general permit also constitutes water
quality certification pursuant to Section 401, Public Law 92-500, 33 USC
Section 1341, for the activity described in the general permit when the
activity is performed in accordance with all applicable rules of the
Department.

Specific Authority 403.814 FS. Law Implemented 403.061, 403.087,
403.088, 403.814, 403.702-.73, 403.851-.864, 403.91-.938 FS.
History–New 7-8-82, Formerly 17-4.52, Amended 8-31-88, 7-11-90,
Formerly 17-4.520.

62-4.530 Procedures.

(1) Persons wishing to use one or more of the general permits set forth
in the Department’s rules shall, at least 30 days before beginning any
work, notify the Department in writing or on forms adopted by the
department. They shall describe the proposed project, and include
supporting documents depicting the proposed project, its location, and
other pertinent information as required by rule to demonstrate that they
qualify for the requested general permit. Persons wishing to use a
general permit shall notify the appropriate office of the Department in
writing. Persons wishing to use a general 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.

(2) A proposed project which may be reasonably expected to violate air
quality standards, water quality standards, or drinking water standards
or which will not meet the public interest requirements set forth in
Chapter 403, F.S., shall not be entitled to use of a general permit.

(3) Pursuant to Section 258.397, F.S., no project which is located in
the Biscayne Bay Aquatic Preserve is eligible for a general permit.

(4) Suspension or revocation of the use of a general permit shall be in
accordance with Chapter 120, F.S. Good cause for the suspension or
revocation shall include:

(a) Submission of false or inaccurate information in the notification
for use of a general permit or in the required reports;

(b) Violation of law, Department orders, rules or permit conditions;

(c) Refusal of lawful inspection under Section 403.091, F.S.; or

(d) Any other act on the part of the permittee in the use of the general
permit which results or may result in harm or injury to human health or
welfare, or which causes harm or injury to animal, plant or aquatic
life, or to property.

(5) Unless otherwise required as part of a specific category of general
permit, persons qualifying for the use of a general permit are not
required to, but may, publish in a newspaper of general circulation in
the area affected by the proposed project a notice of intent to use a
general permit. The notice, if published, shall follow substantially the
format in Rule 62-103.150, F.A.C., and shall be published within 14 days
of the date when the department receives notification pursuant to
subsection 62-4.530(1), F.A.C. No person who has published notice shall
begin work until after the 21 days for requesting a hearing has passed
or a hearing is held and a decision is rendered.

(6) Any person complying with the requirements of a general permit may
use the permit 30 days after giving notice to the Department without any
agency action. When no agency action is taken, unless the Department or
the applicant publishes notice of the application, the provisions of
Chapter 120, F.S., granting to affected parties the right to an
administrative hearing do not apply.

Specific Authority 403.814(1) FS. Law Implemented 258.397, 403.061,
403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS. History–New
7-8-82, Amended 6-16-84, Formerly 17-4.53, Amended 8-31-88, 3-19-90,
Formerly 17-4.530.

62-4.530 Procedures.

(1) Persons wishing to use one or more of the general permits set forth
in the Department’s rules shall, at least 30 days before beginning any
work, notify the Department in writing or on forms adopted by the
department. They shall describe the proposed project, and include
supporting documents depicting the proposed project, its location, and
other pertinent information as required by rule to demonstrate that they
qualify for the requested general permit. Persons wishing to use a
general permit shall notify the appropriate office of the Department in
writing. Persons wishing to use a general 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.

(2) A proposed project which may be reasonably expected to violate air
quality standards, water quality standards, or drinking water standards
or which will not meet the public interest requirements set forth in
Chapter 403, F.S., shall not be entitled to use of a general permit.

(3) Pursuant to Section 258.397, F.S., no project which is located in
the Biscayne Bay Aquatic Preserve is eligible for a general permit.

(4) Suspension or revocation of the use of a general permit shall be in
accordance with Chapter 120, F.S. Good cause for the suspension or
revocation shall include:

(a) Submission of false or inaccurate information in the notification
for use of a general permit or in the required reports;

(b) Violation of law, Department orders, rules or permit conditions;

(c) Refusal of lawful inspection under Section 403.091, F.S.; or

(d) Any other act on the part of the permittee in the use of the general
permit which results or may result in harm or injury to human health or
welfare, or which causes harm or injury to animal, plant or aquatic
life, or to property.

(5) Unless otherwise required as part of a specific category of general
permit, persons qualifying for the use of a general permit are not
required to, but may, publish in a newspaper of general circulation in
the area affected by the proposed project a notice of intent to use a
general permit. The notice, if published, shall follow substantially the
format in Rule 62-103.150, F.A.C., and shall be published within 14 days
of the date when the department receives notification pursuant to
subsection 62-4.530(1), F.A.C. No person who has published notice shall
begin work until after the 21 days for requesting a hearing has passed
or a hearing is held and a decision is rendered.

(6) Any person complying with the requirements of a general permit may
use the permit 30 days after giving notice to the Department without any
agency action. When no agency action is taken, unless the Department or
the applicant publishes notice of the application, the provisions of
Chapter 120, F.S., granting to affected parties the right to an
administrative hearing do not apply.

Specific Authority 403.814(1) FS. Law Implemented 258.397, 403.061,
403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS. History–New
7-8-82, Amended 6-16-84, Formerly 17-4.53, Amended 8-31-88, 3-19-90,
Formerly 17-4.530.

62-4.540 General Conditions for All General Permits.

(1) The terms, conditions, requirements, limitations, and restrictions
set forth in this Part are “general permit conditions” and are
binding upon the permittee. The conditions are enforceable under Chapter
403, F.S.

(2) The general permit is valid only for the specific activity
indicated. Any deviation from the specified activity and the conditions
for undertaking that activity shall constitute a violation of the
permit. The permittee is placed on notice that violation of the permit
may result in suspension or revocation of the permittee’s use of the
general permit and may cause the Department to begin legal proceedings.

(3) The general permit does not convey any vested rights or any
exclusive privileges. It does not authorize any injury to public or
private property nor any invasion of personal rights. It does not
authorize any infringement of federal, state or local laws or
regulations. It does not eliminate the necessity for obtaining any other
federal, state or local permits that may be required, or allow the
permittee to violate any more stringent standards established by federal
or local law.

(4) The general permit does not relieve the permittee from liability and
penalties when the construction or operation of the permitted activity
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(5) The general permit conveys no title to land or water, nor does it
constitute State recognition or acknowledgment of title. It does not
constitute authority for reclamation of submerged lands. Only the Board
of Trustees of the Internal Improvement Trust Fund may express State
opinion as to title.

(6) No general permit shall authorize the use of state owned land
without the prior consent of the Board of Trustees of the Internal
Improvement Trust Fund pursuant to Section 253.77, F.S.

(7) The general permit may be modified, suspended or revoked in
accordance with Chapter 120, F.S., if the Secretary determines that
there has been a violation of any of the terms or conditions of the
permit, there has been a violation of state water quality standards or
state air quality standards, or the permittee has submitted false,
incomplete or inaccurate data or information.

(8) The general permit shall not be transferred to a third party except
pursuant to Rule 62-4.120, F.A.C.

(9) The general permit authorizes construction and, where applicable,
operation of the permitted facility.

(10) The permittee agrees in using the general permit to make every
reasonable effort to conduct the specific activity or construction
authorized by the general permit in a manner that will minimize any
adverse effects on the adjacent property or on public use of the
adjacent property, where applicable, and on the environment, including
fish, wildlife, natural resources of the area, water quality or air
quality.

(11) The permittee agrees in using the general permit to allow a duly
authorized representative of the Department access to the permitted
facility or activity at reasonable times to inspect and test upon
presentation of credentials or other documents as may be required by law
to determine compliance with the permit and the department rules.

(12) The permittee agrees to maintain any permitted facility, or
activity in good condition and in accordance with the plans submitted to
the department under subsection 62-4.530(1), F.A.C.

(13) A permittee’s use of a general permit is limited to five years.
However, the permittee may request continued use of the general permit
by notifying the department pursuant to subsection 62-4.530(1), F.A.C.
However, the permittee shall give notice of continued use of a general
permit thirty days before it expires.

Specific Authority 403.814(1) FS. Law Implemented 253.123, 253.124,
403.061, 403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS.
History–New 7-8-82, Formerly 17-4.54, Amended 8-31-88, Formerly
17-4.540.

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