40E-63.130. Individual Permit Application Requirements in the EAA Basin

(1) Individual Permits are required for all structures which discharge or release water to one of the Works of the District within the Everglades as defined in Rule 40E-63.106, F.A.C., (Works of the District within the Everglades), unless granted a general permit or included in a Master Permit pursuant to Part I of this chapter.

(a) Individual permit applications must be submitted by the owner of land on which a structure is located and any entity responsible for operating the structure. The permit application must include the owners of all parcels which discharge water tributary to the structure.

(b) Individual permit applications must be submitted by the owners of all parcels not included in either paragraph (a) above, a general permit, or a master permit.

(c) Applications may be submitted by a lessee of a parcel provided the lease is in writing, and reasonable assurance is provided that the lessee has the legal and financial capability of implementing the BMP Plan, monitoring plan and other permit conditions. Reasonable assurance shall be provided by a lease with a duration as long as the duration of an individual permit issued pursuant to Part I of this chapter together with an application co-signed by the parcel owner; however, other alternatives submitted by an applicant will be considered.

(2) An applicant may submit evidence to the District regarding questions about which lands are tributary to a structure, and request District staff to make a written determination. The request and supporting evidence must be submitted no later than June 1, 1992. District staff will review the evidence submitted and other available information and issue a written statement within 60 days of receipt of the request and evidence.

(3) Applications for Individual Permits are due by September 1, 1992.

(4) The District expects to take final agency action on all initial permits issued pursuant to Part I of this chapter no later than July 1993. Accordingly, the District shall process the applications submitted pursuant to Part I of this chapter in strict accordance with the 90-day time provisions set forth in Section 120.60, F.S. Applicants are expected to make good faith efforts to complete applications within a reasonable time. Applications which are not complete within a reasonable time are subject to denial and administrative or judicial enforcement action.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592 FS. History–New 1-22-92, Amended 7-3-01.