40D-1.603: Permit Application Procedures
PURPOSE AND EFFECT: The purpose of this rule amendment is to clarify that in order to be considered as timely, an application to renew a permit must be received by the District not later than the expiration date of the permit to be renewed. The effect will be to clarify when permit renewal applications must be received in order to avoid having a permit expire.
SUBJECT AREA TO BE ADDRESSED: District Permitting Procedures.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.116, 373.118, 373.229, 373.413, 120.60(4) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-1.603 Permit Application Procedures.
(1) No change.
(2) No later than 30 days after receipt of an initial application or modification of an application for renewal or modification of an individual surface water management permit, an individual Environmental Resource Permit or an individual water use permit application for withdrawals of 500,000 gpd annual average daily or greater pursuant to Chapter 40D-2, F.A.C., the District shall publish notice thereof in a newspaper having general circulation as defined in Chapter 50, F.S. Upon receipt of an application for an initial or renewal or modification of a general Environmental Resource Permit pursuant to Chapter 40D-40, F.A.C., a general surface water management permit pursuant to Chapter 40D-40, F.A.C., (January 11, 1993) or a noticed general surface water management permit pursuant to Chapter 40D-400, F.A.C., or for a general water use permit for less than 500,000 gpd annual average daily pursuant to Chapter 40D-2, F.A.C., the District shall post notice thereof in the Districts headquarters and in each of the Districts service offices. In the event that after posting of notice an application for a general permit is modified such that it is an application for an individual permit, notice of the application shall be published in a newspaper as provided above. In addition, the District shall provide a letter giving notice of receipt of the application to any person who has filed a written request within the immediately preceding six months for notification of any pending applications affecting the particular designated area. Each notice and letter shall state that interested persons shall have the opportunity to inspect a copy of the application and submit written comments concerning the application. The District may request persons submitting objections or comments to furnish additional information. In addition, each notice and letter will advise that if notice of agency action or opportunity to request an administrative hearing pursuant to Chapter 120, F.S., regarding a permit application is desired, a written request referencing the permit application number must be filed with and received by the Processing and Records Section by the date specified in the letter, newspaper notice or the posted notice as applicable pursuant to this subsection. The date specified in such notice or letter to obtain notice of agency action or to request a hearing shall be no less than that 14 days from the date of mailing, publication or posting as applicable. Upon request, the District will provide the applicant with a copy of all objections and comments received.
(3) through (7) No change.
(8) Holders of renewable licenses or permits shall make timely and sufficient application for renewal so as to avoid expiration during the renewal process. Application for a license or permit renewal is timely only if actually received at the District prior to expiration of the existing license or permit. Mailing the application does not constitute receipt by the District. When timely and sufficient application for renewal is made, the existing license or permit shall not expire until the application for renewal has been finally acted upon by the District, or if the license or permit is denied or the terms of the license or permit are limited, until the last day for seeking review of the District action or a later date fixed by order of the reviewing court.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.116, 373.118, 373.229, 373.413, 120.60(4) F.S. HistoryNew 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02,_________.
