62-555.536. Modification, Transfer, or Revocation of Public Water System Construction Permits

(1) Except as noted in paragraphs (a) and (b) below, a construction permit modification is required for changes to a permitted project, including any project noticed for use of a general construction permit.

(a) No construction permit modification is required for the types of project changes listed in subparagraphs 1. through 5. below. However, permittees shall submit written notification to the Department before making such changes. Each notification shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall include the following: a description of the scope, purpose, and location of the change; and assurance that the change will comply with applicable requirements in Part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C. Permittees may begin such changes seven days after providing notification to the Department unless they are advised by the Department that the notification is incomplete or that a construction permit modification is required because the changes are not of a type listed under this paragraph.

1. Addition of, or changes to, work or alterations of the type described in paragraph 62-555.520(1)(c), F.A.C.

2. Addition of up to five percent more water main or 100 linear feet more water main, whichever is greater, at new locations within the same rights-of-way, easements, or sites, provided the additional water main will not pass through any conflict manholes, will not be installed in areas contaminated by low-molecular-weight petroleum products or organic solvents, will not connect previously separate public water systems or create a “new system” as described under subsection 62-555.525(1), F.A.C., and will not remain dry following completion of construction.

3. Addition of, or changes to, alternative construction features in accordance with subsection 62-555.314(5), F.A.C., due to unforeseen situations where it is not practicable to comply with the utility separation requirements in subsections 62-555.314(1) and (2), F.A.C.

4. Relocation of public water system components within the width of the same right-of-way or easement or within the same site. (Permittees may realign water mains to maintain required separation distances between the water mains and other utilities without submitting written notification to the Department.)

5. Changes in materials that will come into contact with drinking water or drinking water treatment chemicals and addition of, or changes in, drinking water additives or treatment chemicals that will be used or obtained under a construction project.

(b) No construction permit modification is required for the types of project changes listed in subparagraphs 1. through 4. below. However, permittees are responsible for ensuring that such changes comply with applicable requirements in Part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C.

1. Addition of, or changes to, work or alterations of the type described in paragraph 62-555.520(1)(d), F.A.C.

2. Realignment of water mains within the width of the same right-of-way or easement, or within the same site, to maintain required separation distances between the water mains and other utilities.

3. Changes in materials that will not come into contact with drinking water or drinking water treatment chemicals.

4. Changes in the construction method for water mains (e.g., changes from open-trench construction to tunneling and vice versa).

(2) Before commencing work on project changes for which a construction permit modification is required per subsection (1) above, the permittee shall submit to the appropriate Department of Environmental Protection District Office or Approved County Health Department a written request for a permit modification. Each such request shall be accompanied by one copy of a revised construction permit application or notice as described in subsection 62-555.520(2), F.A.C., if appropriate, and each request for modification of a specific construction permit shall be accompanied by one copy of either a revised preliminary design report or revised drawings, specifications, and design data as described in subsection 62-555.520(4), F.A.C., if appropriate. Additionally, each such request also shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. Processing fees for construction permit modifications involving substantial project changes (i.e., changes altering capacity, adding new treatment, causing additional or different drinking water standards to apply, or causing significantly greater or different environmental impacts) shall be the same as fees for a new construction permit (refer to subsection 62-555.520(6), F.A.C.). Processing fees for construction permit modifications involving other project changes, both major and minor, are listed in subparagraphs 62-4.050(4)(n)6. and 7., F.A.C., and paragraph 62-4.050(4)(s), F.A.C.

(3) Each request for a construction permit modification involving project changes shall be processed in accordance with Rule 62-555.530, F.A.C.

(4) Each request for extension of a specific construction permit shall be made and processed in accordance with subsection 62-4.080(3), F.A.C. Each such request shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. The processing fee for a construction permit extension is listed in subsection 62-4.050(4)(s), F.A.C. No specific construction permit shall be extended so as to remain in effect longer than five years.

(5)  Each request for transfer of a specific construction permit and each request for transfer of a permittee’s use of a general construction permit shall be made and processed in accordance with Rule 62-4.120, F.A.C., except that the current permittee and the proposed permittee shall jointly submit Form 62-555.900(8), Application for Transfer of a PWS Construction Permit, hereby adopted and incorporated by reference, effective August 28, 2003. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Each application for transfer of a construction permit shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. The processing fee for transfer of a construction permit is listed in paragraph 62-4.050(4)(s), F.A.C.

(6) Each suspension or revocation of a specific construction permit and each suspension or revocation of a permittee’s use of a general construction permit shall be rendered in accordance with Rule 62-4.100, F.A.C.

Specific Authority 403.861(9) FS. Law Implemented 403.087(6)(a), 403.815, 403.861(7) FS. History–New 8-28-03