62-624.460. Application Processing, Individual Permits

Permit applications or re-applications, for individual permits, shall be processed in accordance with the following:

(1) Within 90 days after receipt of an application for permit, the Department shall notify the applicant if the application is not complete and shall request submittal of the additional information needed to review the application.

(2) Within 90 days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information.

(3) If the Department decides that a site visit is necessary in conjunction with processing the application, the applicant shall be notified and a visit scheduled.

(4) If the applicant fails to provide information requested or to correct deficiencies noted in the application, which were either requested or notified in accordance with subsection (1) of this section, and the information or correction is necessary to meet the requirements of this chapter, the permit shall be denied. Discharge from a MS4 without a valid permit is cause for appropriate enforcement action.

(5) When an application is complete, the Department shall determine whether to prepare a draft permit for issuance or denial of a permit. The initial preparation of a draft permit for issuance does not preclude the Department from denying a permit or modifying the draft permit after an opportunity for public comment or public meeting, if requested.

(6) The Department shall render a decision as to whether the draft permit will be for issuance or denial within 90 days after the Department has received all of the information necessary to make the application complete. If this time schedule is not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.

(7) If the Department intends to deny the permit application, it shall issue a notice of intent to deny. Public notice under subsection 62-620.550(2), F.A.C., shall not be required. However, the Department shall prepare a statement of basis or fact sheet with the reasons for the proposed action. If the decision to deny is changed, except through an administrative hearing under Section 120.57, F.S., the Department shall withdraw the notice of intent to deny and shall proceed to prepare a draft permit. If the applicant requests an administrative hearing under Section 120.57, F.S., on the Department’s intent to deny, the applicant shall publish notice of proposed agency action under subsections 62-620.550(1) and 62-110.106(7), F.A.C. Upon completion of the administrative hearing, the Department shall issue or deny the permit in accordance with the conclusions of the proceedings, provided the applicant has published notice as required in subsections 62-620.550(1) and 62-110.106(7), F.A.C. If the hearing results in a recommendation for approval of the permit, and if the applicant has not published notice as required in these rules, the Department shall proceed to prepare a draft permit.

(8) The Department shall notify the applicant that the application is complete after receipt of all required information. The date on which the Department notifies the applicant that the application is complete is the effective date of the application.

(9) If the Department intends to prepare a draft permit for issuance, it shall prepare and mail to the applicant, not later than the effective date of the application, a project decision schedule. The schedule shall specify, at a minimum, target dates for the following:

(a) Preparation of a draft permit;

(b) Public notice, if required, under subsections 62-620.550(2) through (4), F.A.C.;

(c) Completion of the public comment period, including any public meeting, if held;

(d) Issuance of a final permit or submittal of a proposed permit to EPA;

(e) Public notice, if required, under subsection 62-110.106(7), F.A.C.; and

(f) Completion of any formal proceedings which may be associated with the application.

(10) A draft permit for issuance shall contain the following information:

(a) All conditions the applicant must meet;

(b) All applicable compliance schedules; and

(c) All monitoring requirements.

(11) For all draft permits, the Department shall prepare a statement of basis or a fact sheet on which the Department relied in making its decision. The statement of basis or fact sheet shall be prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities under Chapter 62-620, F.A.C.

(12) Comments from the public under subsections 62-620.550(2) through (4), F.A.C., shall be considered in evaluation of the draft permit. If a permit is issued, the Department shall prepare a response to the significant comments in accordance with Rule 62-620.555, F.A.C.

(13) The administrative record of the draft permit shall be available for public inspection at the Department office issuing the permit and shall consist of:

(a) The application and any supporting data provided by the applicant;

(b) The draft permit;

(c) The statement of basis or fact sheet;

(d) All documents cited in the statement of basis or fact sheet; and

(e) Other documents contained in the supporting file.

(14) Material readily available at the Department office issuing the permit or published material that is generally available and included in the administrative record need not be physically included with the rest of the record as long as it is specifically referenced in the statement of basis or the fact sheet.

(15) The Department shall prepare a proposed permit after the close of the public comment period under subsections 62-620.550(2) through (4), F.A.C., or, if requested, after any public meeting under Rule 62-620.555, F.A.C.;

(16) Except as waived by EPA in a Memorandum of Agreement with the Department, for discharges regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall submit the proposed permit to the EPA for its concurrence in the Department decision. Upon receipt of the EPA concurrence, the Department shall prepare and send to the applicant for publication the public notice required under subsection 62-620.550(1), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing.

(17) Permits shall be issued or denied as follows:

(a) For an MS4 regulated under this chapter, the Department shall grant a permit or deny the permit application within 90 days after the Department has received notice from the EPA as to whether the EPA concurs with the proposed permit;

(b) The time for issuing a permit or denying a permit application shall be tolled by the timely filing of a request for an administrative hearing under Section 120.57, F.S. The time shall be tolled until 45 days after the submission of a recommended order or until the administrative petition is dismissed or withdrawn; or

(c) If these time schedules are not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.

(d) If EPA objects to issuance of the permit in accordance with 40 CFR 123.44 and in writing within 90 days of submittal to EPA, and the Department fails to submit to EPA a revised permit satisfying the objections in accordance with the following timeframe, exclusive authority to issue the permit passes to EPA. The Department shall have 90 days from receipt of the EPA objections, or 30 days from the date of a public hearing on the objections, to submit a revised permit to EPA. The Department shall advise the applicant of the EPA objections.

Specific Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History–New 10-22-00, Amended 5-1-03.