62-620.301. General Provisions

(1) Any person intending to discharge wastes into waters shall apply to the Department for the appropriate permit required by this chapter.

(2) For purposes of enforcement, compliance with a permit issued under this chapter constitutes compliance with the applicable provisions of Chapter 403, F.S. However, the Department shall not be precluded from instituting enforcement actions as indicated in subsection 62-650.300(4), F.A.C. For purposes of enforcement, compliance with a permit issued under this chapter pursuant to the authority of Section 403.0885, F.S., constitutes compliance with sections 301, 302, 306, 307, 318, 402 and 403 of the Clean Water Act, except for:

(a) Any effluent standards and prohibitions for toxic pollutants imposed under 40 CFR Part 129; and

(b) Standards for residuals use or disposal under 40 CFR Part 503.

(3) A permit may be revised, revoked and reissued, or terminated in accordance with Rules 62-620.325, 62-620.340, or 62-620.345, F.A.C. A permit may be renewed in accordance with Rule 62-620.335, F.A.C.

(4) To the extent that this chapter imposes duties for the construction, operation, maintenance, or monitoring of a facility, for reporting facility operations, or for securing permits from the Department, responsibility lies with the permittee and the owner of the facility. Nevertheless, Section 403.141, F.S., creates joint and several liability for those responsible for violations.

(5) Consultation. The applicant, or his agent, is encouraged to consult with Department personnel before submitting an application, or at any other time concerning the operation, construction, or modification of any facility or concerning the required pollution control devices or system, the efficiency of such devices or system, or any pollution problems related to the facility. However, any representation by the Department shall not relieve any person from any requirement of State or Federal law.

(6) Financial Responsibility. The Department may require an applicant to submit proof of financial responsibility to guarantee compliance with Chapter 403, F.S., and Department rules. Proof of financial responsibility, such as posting an appropriate bond, shall be required only if the applicant’s compliance record or financial inability to comply with permit conditions results in a lack of reasonable assurance that all applicable Department standards will be met.

Specific Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 10-23-00.