Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.055 - Permit Processing

Current through Reg. 50, No. 138; July 16, 2024
(1) Within thirty
				days after receipt of an application for a permit and the correct processing
				fee the Department shall review the application and shall request submittal of
				additional information the Department is authorized by law to request. The
				applicant shall have ninety days after the Department mails a timely request
				for additional information to submit that information to the Department. If an
				applicant requires more than ninety days in which to respond to a request for
				additional information, the applicant may notify the Department in writing of
				the circumstances, at which time the application shall be held in active status
				for one additional period of up to ninety days. Additional extensions shall be
				granted for good cause shown by the applicant. A showing that the applicant is
				making a diligent effort to obtain the requested additional information shall
				constitute good cause. Failure of an applicant to provide the timely requested
				information by the applicable deadline shall result in denial of the
				application.
(2) If the applicant
				believes any Department request for additional information is not authorized by
				law or rule, the applicant may request a hearing pursuant to Section
				 120.57, F.S.
(3) Within 30 days after receipt of such
				additional information, the Department shall review it and may request only
				that information needed to clarify such additional information or to answer new
				questions raised by or directly related to such additional
				information.
(4) If the applicant
				believes the request of the Department for such additional information is not
				authorized by law or rule, the Department, at the applicant's request, shall
				begin to process the permit application. Such a request by the applicant shall
				be in writing and shall be clearly labelled as a request for the Department to
				process the application. The applicant's request shall state the reasons why
				the applicant believes the Department's request for additional information is
				not authorized by law or rule. The applicant shall clearly state that the
				applicant requests the Department to process the application without that
				information. The applicant's request shall be submitted to the Department
				office which made the request.
(5)
				Permits shall be approved or denied within 90 days after receipt of the
				original application, the last item of timely requested additional material, or
				the applicant's written request to begin processing the permit application,
				whichever occurs last.
(6) The
				procedures in this section do not apply to hazardous waste facility permitting
				under rule Chapter 62-730, F.A.C., or to other permitting for which there are
				other specific procedures.
Rulemaking Authority
					 120.54(5),
					 403.061,
					 403.087 FS. Law Implemented
					 403.021,
					 403.061,
					 403.062,
					 403.087,
					 403.0876
					 FS.
New 12-3-84, Amended 8-31-88, 7-11-93, Formerly 17-4.055,
					 Amended 8-16-98.