62-343.110: Duration of Permits
PURPOSE AND EFFECT: The existing rule requires the Department to inspect a permitted system upon receipt of the permittee’s notice of completion of construction prior to converting to the operation phase. The Department is proposing to change this so that the Department can authorize conversion to the operation phase with or without the Department’s inspection.
SUBJECT AREA TO BE ADDRESSED: Amend the procedures for converting an Environmental Resource Permit from the construction phase to the operation phase. (OGC No. 07-0642).
SPECIFIC AUTHORITY: 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.426 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: Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8483, or e-mail: Alice.Heathcock@dep.state.fl.us. Further information and updates on this proposed rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
62-343.110 Duration of Permits.
(1) Unless revoked, extended or otherwise modified, the duration of a permit under this chapter is:
(a) through (c) No change.
(d) Perpetual for the operation and maintenance phase of a standard general or individual permit. Unless otherwise specified in the permit, the operation phase of a permit shall not become effective until:
1. The permittee or authorized agent has, within 30 days after completion of construction of the permitted activity, filed a written statement of completion and certification by a the appropriate registered professional engineer or other individual as required by Chapter 471, 472, 481 or 493, F.S., utilizing Form 62-343.900(5), indicating that the system is constructed and ready for inspection, and complied with all other general and specific conditions of the permit; and
2. The Department has inspected and determined that the permitted system meets all the provisions of the permit; and
2.3. No change.
(2) No change.
Specific Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Amended 8-14-96,_________.