Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-344 - DELEGATION OF THE ENVIRONMENTAL RESOURCE PROGRAM TO LOCAL GOVERNMENTS › Section 62-344.500 - Criteria for Review

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				environmental resource permit program requested by the local government shall
				be delegated only if the Department determines that delegation would further
				the goal of providing an efficient, effective and streamlined permitting
				system; the local government has the financial, technical, and administrative
				capabilities to effectively and efficiently implement and enforce the program;
				and protection of environmental resources will be maintained. This
				determination shall be made using the provisions of subsections
				 62-344.500(2) through
				(6), F.A.C.
(2) In determining whether delegation would
				further the goal of providing an efficient, effective and streamlined
				permitting system as required by subsection
				 62-344.500(1),
				F.A.C., the Department shall determine all of the following:
(a) Whether the delegation would preclude the
				establishment or operation of a consistent state-wide joint coastal permit
				program, as provided in Sections
				 161.055 and
				 373.427, F.S., by resulting in
				the environmental resource permit and the coastal construction permit for the
				same activity being processed by separate entities.
(b) Whether the delegation would preclude the
				establishment or operation of consistent state-wide concurrent processing of
				applications for environmental resource permits and applications for approval
				to use sovereign submerged lands owned by the Board of Trustees of the Internal
				Improvement Trust Fund, as provided in Sections
				 253.77 and
				 373.427, F.S., by resulting in
				the environmental resource permit and the approval to use sovereign submerged
				lands for the same activity being processed by separate entities.
(c) Whether the delegation would adversely
				affect the assumption of the Federal dredge and fill permitting program by the
				State, or establishment of a State Programmatic General Permit, pursuant to
				section 404 of the Federal Clean Water Act, for the remainder of the State
				outside the territory of the local government, or whether the delegation is
				prohibited by the terms of the federal assumption or State Programmatic General
				Permit in place when delegation is requested.
(d) For petitions requesting delegation of
				environmental resource permitting responsibility for solid waste management
				facilities, except those facilities that qualify for a general permit pursuant
				to Rules  62-701.801 (Solid Waste Transfer Station),  62-701.802 (Land
				Application of Grade II Domestic Sludge),
				 62-701.803 (Off-site Disposal of
				Construction and Demolition Debris),  62-709.800 (Composting Facilities),
				 62-710.800 (Used Oil Recycling
				Facilities),  62-711.801 (Mobile Waste Tire
				Processing Equipment), and 62-712.800 (Biomedical Waste Storage Facilities),
				F.A.C., whether the local government has received delegation of corresponding
				solid waste permitting responsibilities, or will receive delegation of
				corresponding solid waste permitting responsibilities at the time of
				delegation.
(e) For petitions
				requesting delegation of environmental resource permitting responsibility for
				hazardous waste facilities required to obtain a permit pursuant to Chapter
				62-730, F.A.C., except when the storage of hazardous waste is merely an
				incidental component of a project for which the Department does not review and
				take final action on permit applications under the terms of the Operating
				Agreement between the Department and the applicable District referenced in
				subsection  62-344.100(1),
				F.A.C., whether the local government has received delegation of corresponding
				hazardous waste permitting responsibilities or will receive delegation of
				corresponding hazardous waste permitting responsibilities at the time of
				delegation.
(f) For petitions
				requesting delegation of environmental resource permitting responsibility for
				domestic wastewater treatment facilities, including effluent disposal sites,
				whether the local government has received delegation of corresponding domestic
				wastewater permitting responsibilities or will receive delegation of
				corresponding domestic wastewater permitting responsibilities.
(g) For petitions requesting delegation of
				environmental resource permitting responsibility for industrial wastewater
				treatment facilities required to obtain a permit pursuant to Chapter 62-660 or
				62-670, F.A.C., except those facilities that qualify for a general permit
				pursuant to Rules  62-660.801 (Laundromat
				Wastewater Disposal Systems),
				 62-660.802 (Pesticide Waste
				Degradation Systems),
				 62-660.803 (Car Wash Recycle
				Systems),  62-660.805 (Tomato Wash Water
				Disposal), or  62-660.820 (Fish Farms), F.A.C., whether the local government has
				received delegation of corresponding industrial wastewater treatment permitting
				responsibilities, or will receive delegation of corresponding industrial
				wastewater treatment permitting responsibilities.
(h) For petitions requesting delegation of
				environmental resource permitting responsibility for mining projects, whether
				the local government has received delegation of corresponding mine reclamation
				approval responsibilities or will receive delegation of corresponding mine
				reclamation approval responsibilities at the time of delegation.
(i) Whether the delegation would impair the
				effective operation of any regulatory, resource planning, land management or
				land acquisition program which the Department or District is authorized or
				required to administer.