40D-1.6052. Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C. (Transferred to 40D-400.205)

(1) A noticed general permit authorizes the construction, operation, maintenance, alteration, abandonment, or removal of certain surface water management systems as set forth in Chapter 40D-400, F.A.C., after notice is provided to the District. Whenever a noticed general permit specifies procedures different from the procedures in this section, the procedures specified in the noticed general permit will govern.

(2) Any person wishing to construct, operate, maintain, alter, abandon, or remove a surface water management system pursuant to a noticed general permit set forth in Chapter 40D-400, F.A.C., shall provide notice to the District by submitting an application including the appropriate application fee as required in Rule 40D-1.607, F.A.C., to the District at least 30 days prior to undertaking construction, operation, maintenance, alteration, abandonment, or removal of the system. For the purposes of this subsection, and subsection (3), the application form is only considered submitted when it is actually received by the District.

(3) When the applicant is an entity with the power of eminent domain that does not have current ownership or control of the entire project area described in the application, within three days of District receipt of an application the applicant at the applicant’s expense shall mail to the property owner(s) identified in the application a written notice of District receipt of the application in accordance with Rule 40D-1.603, F.A.C. The owners of property, not owned by the applicant, identified in the application shall be those identified in the County Property Appraiser’s records within 30 days prior to the filing of the application.

(4) If the District determines that the system does not qualify for a noticed general permit, the District shall so notify the applicant by issuing a notification within 30 days of receiving the application. For the purposes of this subsection, issuance shall be deemed to occur either when the notice is properly addressed, stamped, and deposited in the United States mail, in which case the postmark date shall be the date of issuance, or the date the notice is sent by electronic mail. When the District notifies the applicant that the system does not qualify for a noticed general permit due to an error or omission in the original application to the District, the applicant shall have 60 days from the date of the notification to amend the application and submit additional information to correct such error or omission. If the applicant amends the application and submits additional information correcting the error or omission within the 60-day time limit, no additional application fee will be required for the noticed general permit. If the District does not issue the notice informing the applicant that the system does not qualify for a noticed general permit within 30 days of receipt of the original application, or amended application if an amended application is submitted, the applicant may conduct the activity authorized by the noticed general permit.

(5) If the District notifies an applicant that the system for which a noticed general permit is sought does not qualify for the noticed general permit, the applicant may apply for a standard general or individual permit. The application fee for the noticed general permit shall be applied to the application fee for a standard general or individual permit if the applicant applies for such a permit within 60 days of notification by the District.

(6) All construction, operation, maintenance, alteration, abandonment, or removal of any system pursuant to a noticed general permit must comply with the provisions of that general permit.

(7) For systems which qualify for a noticed general permit, the District will not publish, or require the applicant to publish, newspaper notice of the application submitted to qualify for the permit. However, persons qualifying for a noticed general permit may publish, in a newspaper of general circulation in the affected area, a notice of intent to use a noticed general permit.

(8) A noticed general permit shall also constitute certification of compliance with state water quality standards where necessary pursuant to Section 401, Public Law 92-500, 33 USC Section 1341, for activities that qualify for the noticed general permit and that are performed in accordance with the conditions of the noticed general permit unless the permit specifically states otherwise.

Specific Authority 120.54(5), 373.044, 373.113, 373.118, 373.414 FS. Law Implemented 120.54(5), 373.118, 373.413, 373.414, 373.416, 373.426 FS. History–New 10-3-95, Amended 12-23-97, Formerly 40D-400.211, Amended 7-2-98, 11-2-08, Formerly 40D-1.1024.