62-331.230. General Permit for Completed Federal Enforcement Actions

(1) This general permit authorizes any structure, work, or activity remaining in place or undertaken for mitigation, restoration, or environmental benefit in compliance with either:

(a) The terms of a final written Corps non-judicial settlement agreement resolving a violation of Section 404 of the Clean Water Act; or the terms of an EPA 309(a) order on consent resolving a violation of section 404 of the Clean Water Act, provided that:

1. The activities authorized by this general permit cannot adversely affect more than five acres of state-assumed waters;

2. The settlement agreement provides for environmental benefits, to an equal or greater degree, than the environmental detriments caused by the unauthorized activity that this general permit is authorizing; and

3. The Agency issues a verification letter authorizing the activity subject to the terms and conditions of this general permit and the settlement agreement, including a specified completion date; or

(b) The terms of a final federal court decision decree, or settlement agreement resulting from an enforcement action brought by the United States under section 404 of the Clean Water Act; or

(c) The terms of a final court decision, consent decree, settlement agreement, or non-judicial settlement agreement resulting from a natural resource damage claim brought by a trustee or trustees for natural resources (as defined by the National Contingency Plan at 40 CFR, part 300, subpart G, incorporated by reference in paragraph 62-331.221(1)(a), F.A.C., under Section 311 of the Clean Water Act, Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, Section 312 of the National Marine Sanctuaries Act, section 1002 of the Oil Pollution Act of 1990, or the Park System Resource Protection Act at 16 U.S.C. 19jj, to the extent that a State 404 program permit is required.

(2) Compliance is a condition of this general permit itself. Non-compliance of the terms and conditions of an authorization under this general permit may result in an additional federal and state enforcement action. Any authorization under this general permit is automatically revoked if the permittee does not comply with the terms of this general permit or the terms of the court decision, consent decree, or judicial/non-judicial settlement agreement.

(3) This general permit does not authorize any activities occurring after the date of the decision, decree, or agreement that are not for the purpose of mitigation, restoration, or environmental benefit.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.