40D-4.331: Modification of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to require use of a new Environmental Resource Permit (ERP) Modification Short Form application form instead of a letter when permittees apply for certain minor modifications of ERPs, and to allow applications to extend the duration of an ERP to be made using this new form. Modifications allowable through use of the Modification Short Form do not require an application fee. Rule amendments also eliminate the requirement to determine that completed construction complies with a currently valid permit when a permittee applies to extend the duration of a permit. Amendments also replace the term "renewal" with the term "extension." The effect of these amendments will be to standardize the process for seeking minor modifications of ERPs.
SUBJECT AREA TO BE ADDRESSED: Environmental Resource Permitting.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.413, 373.416(1), 373.429, 373.805 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-4.331 Modification of Permits.
An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked, suspended or expired.
(1) No change.
(2) Applications to modify a construction permit shall be made:
(a) No change.
(b) By submittal of a Modification Short Form application letter, provided the requested modification does not:
1. through 4. No change.
5. Decrease the required flood control elevations for roads or buildings, or
6. Decrease pollution removal efficiency, or
7. Renew or extend the existing permit duration.
(3) Applications for modification of a site conditions assessment permit shall be made by formal application and reviewed using the same criteria as new applications:
(a) through (b) No change.
(c) For any renewal or extension of a current permit, or
(d) For conversion to a Chapter 40D-4 or 40D-40, F.A.C., construction permit application, except that the permitted site conditions shall remain as permitted.
(4) Application for permit modification to renew or extend the existing permit duration of a construction permit or conceptual permit should be made using the “Environmental Resource Permit Modification Short Form,” adopted by reference in Rule 40D-1.659, F.A.C. shall occur by formal application and review, and Ssuch requests shall be submitted no sooner than 180 days prior to the permit expiration date.
(a) A modification for construction permit extension renewal will be granted if it is reasonably assured by the applicant and determined that any completed construction is in compliance with a currently valid permit, and the proposed construction will be in compliance with the District’s rules in effect at the time the application for modification to extend renew is filed.
(b) Applications for conceptual permit renewal and site conditions assessment permit renewal or extension must comply with the same criteria as new applications.
(c) Each modification to renew or extend will can be granted for a duration as needed, up to five years for construction permits and site conditions assessment permits, and up to two years for conceptual permits.
Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429, 373.805 FS. History– Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07,_________.