62-807.570. Postcertification - Compliance Reviews, Monitoring and Reporting

(1) At its own expense, the licensee shall conduct such postcertification monitoring and reporting required by the final order of certification of the effects arising from the location of the pipeline corridor, the construction of the pipeline or pipelines and the maintenance of the pipeline right-of-way pursuant to the conditions to assure continued compliance with the terms of certification.

(2) When the final order or conditions of certification require the applicant to submit final project design details as part of a post-certification review in which agencies with regulatory jurisdiction monitor for continuous compliance with their non-procedural requirements, the following procedures will apply unless other specific procedures are required in the final order or conditions of certification:

(a) The Department’s Siting Coordination Office will coordinate the processing of post-certification reviews.

(b) All postcertification submittals of information by the licensee are to be filed with the Department and any other agency indicated in the specific condition requiring the postcertification submittal.

(c) The licensee’s post-certification submittal must provide information sufficient for the reviewing agency(ies) to monitor for continued compliance with the issued certification.

(d) If found by the Department to be incomplete, the licensee shall be so notified by the Department. Failure to issue such a notice within 30 days after filing of the submittal shall constitute a finding of completeness.

(3) Postcertification submittals filed by a licensee with one or more agencies are for the purpose of monitoring for compliance with the issued certification. Postcertification review must be completed within 90 days after complete information for a segment of the certified pipeline is submitted to the reviewing agencies.

(a) Within 90 days of the filing of a complete postcertification submittal, the Department shall give written notification to the licensee and the agencies to which the postcertification information was submitted of its assessment of whether there is reasonable assurance of compliance with the conditions of certification. If it is determined that reasonable assurance has not been provided, the licensee shall be notified with particularity and possible corrective measures suggested. Failure to notify the licensee in writing within 90 days of receipt of a complete postcertification submittal shall constitute a finding of compliance.

(b) If the Department does not give written notification of compliance within the time period specified in subsection (2) above, the licensee may begin construction pursuant to the terms of the conditions of certification and the subsequently submitted construction details.

(4) Any submittal of information pursuant to a requirement contained in a condition of certification is for the purpose of monitoring for compliance with the issued certification. Such a submittal does not provide a point of entry for any person on the adequacy of the postcertification submittal.

(5) Within 90 days after certification, the licensee shall provide a complete summary of those submittals where due dates are identified in the Conditions of Certification. Such submittals include monitoring reports, management plans, and wildlife surveys. The summary shall be provided to the Siting Coordination Office and any affected agency to which a submittal is required to be provided using a sortable spreadsheet in a format substantially similar to the following.

Condition number	Requirement	Due date or timeframe	Name of agency to which the submittal is required to be provided

(6) Where postcertification review of compliance with the conditions of certification is necessary, data quality assurance requirement provisions which would otherwise have been required in the absence of certification must be followed, if not otherwise specified in the conditions.

(7) The licensee, or any agency which received a postcertification submittal pursuant to paragraph (2)(b) above, may dispute a finding by the Department regarding whether a postcertification submittal provides reasonable assurance of compliance with the conditions of certification, within 30 days after receiving notice of the Department’s findings. Upon notification of a dispute, the Department shall immediately refer the matter to the Division of Administrative Hearings (DOAH) for disposition in accordance with the provisions of Chapter 120, F.S. A hearing under Section 120.57(1), F.S., shall be held within 30 days after its referral to DOAH. The Administrative Law Judge shall issue the decision 30 days after the termination of such hearing. All exceptions to the Administrative Law Judge’s order shall be filed with the Department, as Staff to the Siting Board, within 10 days of the issuance of such order. The Department, as Staff to the Siting Board, shall issue a decision within 30 days of the filing of the exceptions. The time requirements under this condition may be altered by agreement of the parties to the dispute.

(8) The issue of postcertification compliance reviews will be limited to the technical merits of reasonable assurance of compliance with conditions of certification, including any restrictions on pipeline or access road locations within the corridor. Such restrictions may include restricted areas within the corridor or objective standards to be applied in establishing the pipeline road locations. All such restrictions for the project will have already been established by certification. Construction may occur on components or sections of the pipeline, access roads, or compressor stations for which compliance with the conditions of certification have been demonstrated so long as no construction occurs which will affect the component or sections at issue. A postcertification compliance review may be the basis for initiating modifications to the relevant condition or to other related conditions.

Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9416(2), (3) FS. History–New 8-12-93, Formerly 17-807.570, Amended 3-3-15.