62-110.107. Licensing


Effective on Wednesday, July 1, 1998
  • 1(1) In addition to the requirements for the processing of applications under subsections 1428-107.002(2), 1562-4.055(1), 1662-312.006(5), paragraph 1862-343.090(2)(f), 19and Rules 2162-343.040, 22and 2362-620.510, 24F.A.C., govern the processing of applications by the Department, providing that an applicant or petitioner must respond to a request for additional information within a specified time period or the application or petition will be denied or dismissed. For hazardous waste permits, subsection 6762-730.220(9), 68F.A.C., governs, providing in accordance with federal requirements and Section 78403.722(10)(c) 79of the Florida Statutes, that the Department must give notice of its intent to issue or deny such a pemit within 135 days (instead of the ninety-day period provided by Section 110120.60(1), 111Florida Statutes) after receipt of the original permit application, the last item of timely requested additional information, or the applicant’s written request to begin processing the application. For Title V permits for air operations, paragraph 14662-213.420(1)(b), 147F.A.C., governs, in accordance with federal requirements.

    154(2) When the Department has determined that immediate action is necessary to abate an imminent or currently existing serious threat to the public health, safety, welfare, or the environment, the Department shall issue an emergency order authorizing or directing activities necessary to abate the emergency. When such an order is issued in whole or part under the authority of Section 214373.119(2) 215of the Florida Statutes, it may also be based on a serious threat to reasonable recreational, commercial, industrial, or agricultural uses. Such an order shall recite the factual basis for it in accordance with Section 250120.569(2)(1), 251Florida Statutes, and include all conditions (including a limitation on the duration of the emergency authorization) required to ensure that the activity authorized or directed does not exceed that which is necessary to abate the threat. When the activity conducted under such an order has an operational or maintenance aspect that continues beyond the emergency, any necessary permits shall be applied for as soon as practicable. Rule 31862-210.700, 319F.A.C., shall govern the authorization of excess emissions of air contaminants because of startup, shutdown, or malfunction, subsection 62-256.450(4), F.A.C., shall govern authorization of otherwise unapproved devices and fuels for outdoor heating in the event of prolonged cold weather and shortage of approved fuels, subsections 62-256.500(4), 62-256.600(1), and paragraph 36862-296.320(3)(b), 369F.A.C., shall govern the emergency authorization of open burning, and subparagraph 38062-296.404(3)(a)3., 381F.A.C., shall govern the approval of contingency plans for emergency threats to air quality at pulp and paper mills. For the authorization of anticipated bypasses of wastewater discharges (intentionally diverted from any portion of a treatment works), subsection 41962-620.610(22), 420F.A.C., shall govern. Rule 42462-730.161, 425F.A.C., governs the procedures for obtaining an emergency identification number required before offering hazardous wastes for transport under specified special circumstances and emergency situations, and Rule 45162-730.320, 452F.A.C., governs the procedures for emergency detonation or thermal treatment of reactive hazardous wastes.

    466(3) For certain minor activities related to dredging and filling, Rules 47762-4.530, 47862-312.800, 479and paragraph 48162-343.090(1)(d), 482F.A.C., shall govern, providing an expedited procedure that allows the undertaking of an activity thirty days after submission of an application for a general permit, unless the Department has given notice before expiration of the thirty-day period that the proposed activity does not qualify for the general permit. For stormwater permitting within the geographical jurisdiction of the Northwest Florida Water Management District, subsection 54562-25.801(1), 546F.A.C., shall govern, as authorized by Section 553373.4145 554of the Florida Statutes.

    558(4) In addition to the provisions of Rules 56628-107.004 567and 56862-531.450, 569F.A.C., governs the discipline of water well contractors.

    577(5) Subsection 57962-312.210(2), 580F.A.C., governs the Department’s processing of applications for long-term wetland resource permits under Sections 594373.414 595and 596373.4145 597of the Florida Statutes, providing that the Department must act on such an application within 135 days of receipt of the original completed application, instead of the ninety days that otherwise would be required by Section 633120.60(1), 634Florida Statutes. Subsection 63762-730.220(9), 638F.A.C., governs the processing of applications for hazardous waste permits, likewise providing a deadline of 135 days in which the Department must approve or deny such a permit.

    666(6) If the Department determines that an applicant has submitted a substantial revision to a complete application, the Department shall notify the applicant of that determination and inform the applicant that the original application cannot be revised unless the applicant agrees in writing to waive the ninety-day deadline of Section 716120.60(1), 717Florida Statutes, and restart the time for processing the application under that statute, and submits a complete, additional processing fee determined pursuant to the schedule set forth in Rule 74662-4.050, 747F.A.C. For purposes of this subsection, the term “substantial revision” shall mean a revision reasonably expected to lead to significantly different environmental impacts and requiring a detailed review by the Department.

    778(7) For wetland resource permits within the geographical territory of the Northwest Florida Water Management District, and for grandfathered wetland resource permits in the rest of the state, the ninety-day period for action on a completed application shall be tolled by a request for a soils assessment.

    825Specific Authority 827120.54(5), 828373.026, 829373.043, 830373.044, 831373.414, 832373.418, 833403.061, 834403.087, 835403.0877, 836403.0885, 837403.704, 838403.72, 839403.721, 840403.726, 841403.727, 842403.8055, 843403.814, 844403.9328 FS. 846Law Implemented 848120.54(5), 849120.569(2),850(1), 851120.60, 852373.026, 853373.109, 854373.117, 855373.118, 856373.119, 857373.333, 858373.409, 859373.413, 860373.414, 861373.4145, 862373.416, 863373.417, 864373.418, 865373.419, 866373.423, 867373.426, 868373.439, 869376.13, 870376.3078(6)(h), 871403.031, 872403.061, 873403.087, 874403.0877, 875403.0872, 876403.0885, 877403.704, 878403.721, 879403.722(10),880(12), 881403.726, 882403.813, 883403.814 FS. 885History–New 7-1-98.

     

Rulemaking Events: