40E-63.140. Modification of Individual Permits in the EAA Basin

A permittee may apply for a modification to an Individual Permit issued under Part I of this chapter by submitting the same information required for new applications, unless the permit has expired or has been otherwise revoked or suspended and provided the permit is in compliance with all applicable permit conditions. Modifications will be evaluated based on the criteria in effect at the time the application to modify is submitted.

(1) Applications to modify an existing Works of the District Individual Permit shall contain the information required by Rule 40E-63.132, F.A.C., and shall identify the portion of the existing authorization for which the modification is requested.

(2) Applications to modify existing Works of the District Individual Permits shall be made by the following methods:

(a) Modification requiring District Governing Board action for final determination; or

(b) Letter Modifications and Administrative Information Updates for which the District Governing Board has delegated authority for final action pursuant to Rule 40E-63.141, F.A.C., below.

Letter Modifications and Administrative Information Updates to existing Individual Permits pursuant to subsections (4) and (5) below are acknowledged and approved by letter with an accompanying Permit Review Summary (Staff Report) from the District or designee through correspondence to the permittee.

(3) Modifications requiring Board action are those that:

(a) Result in a change in the permit conditions;

(b) Result in a change in the land use;

(c) Require public notice because it is determined to be of heightened public concern in accordance with Rule 40E-1.5095, F.A.C.; or

(d) Result in the addition of acreage not previously included in an existing Everglades Works of the District Permit.

(4) Letter Modifications are those that result in:

(a) A change in an existing permitted boundary basin;

(b) Moving an existing basin from one Everglades Works of the District Permit to another;

(c) The addition of a water control structure to the previously permitted Water Quality Monitoring Plan; or

(d) A change to the previously approved BMP Plan.

(5) Administrative Information Updates are updates to the information in the Permit Review Summary (Staff Report) necessary for administration of the permit.

Examples of Modifications, Letter Modifications and Administrative Information Updates are provided in Appendix A6.

(6) The same review time and informational requirements which apply to new permit applications shall apply to all applications to modify an existing valid permit.

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.