62-620.550. Public Notice

(1) Public notice under Chapter 120, F.S., and subsection 62-110.106(7), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing shall be given as follows:

(a) Public notice shall be required for all permits for new or substantially modified facilities and those facilities described in subparagraph 62-110.106(7)(a)1., F.A.C.;

(b) Notice shall be given in accordance with subsection 62-110.106(7), F.A.C.; and

(c) If the applicant is also required to give notice under subsections (2) through (4) of this section, the notice required in this subsection shall be given following the preparation of a proposed permit under subsection 62-620.510(18), F.A.C.

(2) Public notice for discharges of wastes regulated under Section 403.0885, F.S., and this chapter, shall announce the preparation of a draft permit and solicit public comments on its efficacy or announce the date, time and location of a public meeting to take oral comments on a draft permit.

(a) Public notice under this subsection is required when the Department prepares a draft permit for all new wastewater facilities or activities, for all substantially revised permits, for all renewals of permits which have been issued under Section 403.0885, F.S., and this chapter, and for minor revisions to a permit when the revision proposes to decrease a permit requirement for monitoring or reporting. No public notice is required when a request for a permit, permit revision, revocation and reissuance, or termination is denied. Written notice of that denial shall be given to anyone requesting it and to the permittee.

(b) Public notices may describe more than one permit or permit action.

(c) Public notice of the preparation of a draft permit shall allow at least 30 days for public comment.

(d) Public notice of a public meeting shall be given at least 30 days before the meeting. The notice may be given at the same time as public notice of the draft permit and the two notices may be combined.

(3) Public notice of activities described in subsection (2) of this section shall be given as set forth in paragraphs (a) and (b) below.

(a) Notice shall be given by mailing a copy of a notice to:

1. The applicant except when the Department is giving notice that it intends to issue a general or generic permit;

2. Any other agency which the Department knows has an interest in the draft permit or public meeting, including EPA;

3. Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources; over historical and archaeological sites; and over coastal zone management plans, including the U.S. Advisory Council on Historic Preservation; U.S. Army Corps of Engineers; the U.S. Fish and Wildlife Service; the National Marine Fisheries Service; the Florida Department of State, Division of Archives and History; the Florida Fish and Wildlife Conservation Commission; and the Florida Department of Community Affairs;

4. Any unit of local government having jurisdiction over the area where the facility is proposed to be located;

5. Persons on Department mailing lists which shall be compiled by notifying the public of the opportunity to be placed on the mailing lists and from those persons who request in writing to be on the lists;

6. Any industrial user identified in the permit application of a privately owned treatment works; and

7. Any affected state or Indian tribe as defined in 40 CFR 124.2.

(b) For all major facilities and all other facilities of local interest, notice as described in subsection (4) of this section shall be given by publication one time only by the permittee at his expense in the daily or weekly newspaper of general circulation within the area affected by the facility or activity and meeting the requirements of Chapter 50, F.S. The Department shall provide the permittee with a copy of the notice to be published. Proof of publication of the notice shall be submitted by the permittee to the Department within two weeks of the date the notice appeared in the newspaper.

(4) Public notices required by paragraph (3)(b) of this section shall contain the following minimum information:

(a) Name and address of the Department office processing the permit action for which notice is being given;

(b) Name and address of the permittee or the permit applicant and, if different, of the facility or activity regulated by the permit;

(c) A brief description of the business conducted at the site or plant described in the permit application or the draft permit;

(d) Name, address and telephone number of a person in the Department from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application;

(e) A brief description of the public comment procedures and the time, date and place of any public meeting that will be held, including a statement of procedures to request a public meeting if one has not already been scheduled, and other procedures by which the public may participate in the final permit decision;

(f) A description of the location of the administrative record, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;

(g) Reference to the date of previous public notices relating to the permit;

(h) A brief description of the nature and purpose of a public meeting, if held; and

(i) A general description of the location of each existing or proposed discharge point and the name of the receiving water, the residuals or industrial sludge use and disposal practice(s), and the location of each sludge treatment works treating domestic sewage, and reuse or disposal sites known at the time of permit application.

(5) In addition to the public notice described in subsection (4) of this section, all persons identified in subparagraphs (3)(a)1. through 4. of this section shall be mailed a copy of the fact sheet or statement of basis, the permit application form, and the draft permit. Upon request, persons identified in subparagraphs (3)(a)5. through 7. of this section will be provided the above documents at cost.

(6) In addition to the information required under subsection (4) of this section, public notice of a draft permit for a discharge regulated under Section 403.0885, F.S., and this chapter, where a request for a variance from a thermal component pursuant to Rule 62-620.800, F.A.C., has been filed shall include:

(a) A statement that the thermal component of the discharge is subject to effluent limitations under Rule 62-660.400, F.A.C., and a brief description, including a quantitative statement, of the thermal effluent limitations proposed by the applicant;

(b) A statement that a request under Rule 62-620.800, F.A.C., has been filed and that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge and a brief description, including a quantitative statement, of the alternative effluent limitations, if any, included in the request; and

(c) If the applicant has filed an early screening request with the Department for a variance for a thermal component under Rule 62-620.800, F.A.C., a statement that the applicant has submitted such a plan.

Specific Authority 403.061(31), 403.815 FS. Law Implemented 120.60(3), 403.051, 403.0885, 403.815 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00.