40D-4.331: Modification of Permits
PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to allow applications to extend the duration of an Environmental Resource Permit (ERP) to be made by letter. Rule amendments also clarify existing language.
SUMMARY: ERP rules currently allow permittees seeking certain minor modifications to their permits to apply by letter, provided the proposed modification does not: 1) substantially alter the permit authorization; 2) increase the authorized offsite discharge; 3) impact the environmental features of the project; 4) decrease the required retention/detention; 5) decrease the required flood control elevations for roads or buildings; 6) decrease pollution removal efficiency; or 7) renew or extend the permit duration. Letter modifications are processed without an application fee. Permittees seeking to extend their permit duration must submit a formal modification application and fee, and a determination must be made that any completed construction is in compliance with the current permit. The proposed rule amendments will allow applications to extend the duration of an ERP to be made by letter, and eliminate the requirement for a determination of construction compliance with the current permit. Rule amendments also eliminate use of the term “renewal” in favor of the term “extension” to avoid confusion.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
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 WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE 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 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.
7. Renew or extend the existing permit duration.
(3) Applications for modifications 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) No change.
(4) Application for permit modification to renew or extend the existing permit duration shall occur by formal application and review, and such 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 extension 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 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,________.