62-620.310. Procedure to Obtain Permits

(1) Any person intending to construct, operate, or modify a wastewater facility or activity which will discharge wastes into waters or which will reasonably be expected to be a source of water pollution shall make application to the Department for a permit or shall notify the Department of the intent to use a general or generic permit under this chapter. A permit shall be issued only if all Department requirements for wastewater facilities or activities are met.

(2) Any person desiring to obtain a permit under this chapter shall apply on the appropriate forms listed in Rule 62-620.910, F.A.C., and shall submit such additional information requested under Rule 62-620.510, F.A.C., necessary to comply with the requirements of this chapter. Any person desiring to use a general or generic permit shall follow the procedures under Part V of this chapter. Available generic permits for wastewater facilities or activities are identified in Rules 62-621.300 and 62-621.500, F.A.C.

(3) A minimum of four copies of all applications and supporting documents which request a permit for discharges of wastes into waters regulated under Section 403.0885, F.S., and this chapter shall be filed with the Department at the appropriate district office listed in the DEP Form 62-620.910(1), except applications for discharges from steam electric generating plants which shall be filed with the Department at its Tallahassee office. If the application is requesting a permit for a ground water discharge only, three copies of all applications and supporting documents shall be filed with the Department at the designated locations.

(4) To ensure protection of public health, safety, and welfare, any construction, modification, or operation of a wastewater facility or activity shall be in accordance with sound professional engineering practices; and any supporting documents involving the practice of the profession of geology shall be in accordance with sound professional geological practices. All applications for a permit shall be certified by a professional engineer registered in the State of Florida except 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 a professional engineer or professional geologist, as appropriate.

(5) Application processing fees shall be submitted with the application in the amount established in Rule 62-4.050, F.A.C. 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 application processing fee is non-refundable.

(6) Annual regulatory program and surveillance fees shall be submitted in accordance with Rule 62-4.052, F.A.C.

(7) 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 correct fee was not received. The Department shall take no further action until the correct fee is received. Upon receipt of the correct fee, the Department shall begin permit processing.

(a) If a fee is received by the Department which is less than the amount required, the Department shall return the fee along with the written notification.

(b) If an 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 to have the applicant pick up the application.

(c) If an applicant submits an application fee in excess of the required fee, the permit processing shall begin and the Department shall refund to the applicant the amount received in excess of the required fee.

(8) Any substantial change 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.

(9) A wastewater permit shall:

(a) Specify the manner, nature, volume, and frequency of any discharge;

(b) Require proper operation and maintenance of any wastewater facility by qualified personnel as described in subsection 62-620.610(7) and Rule 62-620.630, F.A.C.; and

(c) Contain such additional conditions, limitations, requirements, and restrictions such as those imposed under Rules 62-620.610, 62-620.620 and 62-620.625, F.A.C., which are necessary to preserve and protect the quality of the receiving waters and to ensure proper operation of the wastewater facilities.

(10) Additional requirements for domestic wastewater facilities include the following:

(a) Residuals treatment components and residuals land application sites required under Chapters 62-600 and 62-640, F.A.C., shall be included in the permit for the wastewater treatment plant.

(b) The wastewater facility permittee shall apply under subsection 62-620.325(2), F.A.C., for a minor permit revision for any modifications or expansions of the approved residuals land application sites in accordance with Chapter 62-640, F.A.C.

(c) When a permit is required for a reuse and land application system portion of a wastewater facility, it shall be included in a single permit for the entire facility, except as provided in Rule 62-610.800, F.A.C.

(d) Expansions of a public access reclaimed water distribution system permitted under Part III of Chapter 62-610, F.A.C., within reuse areas designated in an existing permit do not require a new permit or revision of the existing permit, except as required in paragraphs (e) and (f) of this section.

(e) For reuse systems permitted in accordance with Part III of Chapter 62-610, F.A.C., a new permit or revision of the existing permit shall be required for:

1. Expansion of the reclaimed water distribution system outside of the area designated in an existing permit; or

2. Addition of a new major user of reclaimed water not identified in the existing permit, if the permittee requests that the permitted capacity of the reuse system be increased.

(f) The wastewater facility permittee may use the general permit set forth in Chapter 62-610, F.A.C., for the addition of a new major user of reclaimed water to a reuse area designated in an existing permit.

Specific Authority 403.061, 403.087, 403.0877 FS. Law Implemented 403.051, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04, 2-7-06.