62-620.320. Standards for Issuing or Denying Permits

(1) A permit shall be issued only if the applicant affirmatively provides the Department with reasonable assurance, based on a preliminary design report, plans, test results, installation of pollution control equipment, or other information, that the construction, modification, or operation of the wastewater facility or activity will not discharge or cause pollution in contravention of Chapter 403, F.S., and applicable Department rules.

(2) If, after review of the application and any pertinent information, the Department determines that the applicant has not provided reasonable assurance that the construction, modification, or operation of the wastewater facility or activity will be in accordance with applicable statutes or rules, including rules of approved local programs under Section 403.182, F.S., the Department shall deny the permit, shall notify the applicant, and specify the reasons for the denial.

(3) A permit issued under this chapter shall be renewed upon timely application to the Department in accordance with Rule 62-620.335, F.A.C., if the discharge is in compliance with permit conditions and applicable statutes and rules.

(4) The Department shall issue, reissue, or renew a permit which would otherwise be denied if the criteria set forth in Sections 403.088(2)(e) and (f), F.S., are met.

(5) A permit for which the permit application fee was prorated in accordance with paragraph 62-4.050(4)(s), F.A.C., shall not be extended through a revision procedure.

(6) Any permit that the Department issues shall contain specific conditions necessary to provide reasonable assurance that Department rules will be met.

(7) The Department shall take into consideration a permit applicant’s violation of any Department rules at any wastewater facility or activity when determining whether the applicant has provided reasonable assurance that Department standards will be met.

(8) No Department permit shall be issued under this chapter for a term of more than five years except as provided in Section 403.087, F.S.

(9) The issuance of a permit does not relieve any person from complying with the requirements of the Clean Water Act, Federal Regulations, Chapter 403, F.S., or Department rules.

(10) No permit shall be issued for a discharge of wastes into waters regulated under this chapter pursuant to Section 403.0885, F.S., when:

(a) The conditions of the permit do not provide for compliance with the requirements of Chapter 403, F.S., and Department rules;

(b) The U.S. Environmental Protection Agency has objected to the permit issuance;

(c) In the judgment of the Secretary of the Army, anchorage and navigation in or on any of the waters of the United States would be substantially impaired by the discharge to surface waters;

(d) Any radiological, chemical or biological warfare agent or high-level radioactive waste is any part of the discharge to surface waters;

(e) A new source or a new discharger is proposing an installation from which the discharge to surface waters will cause or contribute to the violation of water quality standards, except as provided in Department rules such as Chapters 62-4, 62-302, 62-620 and 62-660, F.A.C. This paragraph shall not be construed to limit or restrict the applicability of other moderating provisions or variances in Department rules; or

(f) The imposition of permit conditions cannot ensure compliance with the applicable water quality requirements of all affected states or Indian tribes.

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 12-24-96, 10-23-00, 12-23-04.