Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.405 - General Conditions for All General Permits

Current through Reg. 50, No. 138; July 16, 2024
The following general permit conditions are binding upon the
				  permittee and are enforceable under Chapter 373, F.S. These conditions do not
				  apply to the general permit for stormwater management systems under Section
				   403.814(12),
				  F.S.
(1) The general permit is valid
				only for the specific activity indicated. Any deviation from the specified
				activity and the conditions for undertaking that activity shall constitute a
				violation of the permit and may subject the permittee to enforcement action and
				revocation of the permit under Chapter 373, F.S.
(2) The general permit does not eliminate the
				necessity to obtain any required federal, state, local and special district
				authorizations prior to the start of any construction, alteration, operation,
				maintenance, removal or abandonment authorized by this permit; and it does not
				authorize any violation of any other applicable federal, state, local, or
				special district laws (including, but not limited to, those governing the
				"take" of listed species).
(3) The
				general permit does not convey to the permittee or create in the permittee any
				property right, or any interest in real property, nor does it authorize any
				entrance upon or activities on property which is not owned or controlled by the
				permittee, or convey any rights or privileges other than those specified in the
				general permit.
(4) The general
				permit does not relieve the permittee from liability and penalties when the
				permitted activity causes harm or injury to: human health or welfare; animal,
				plant or aquatic life; or property. It does not allow the permittee to cause
				pollution that violates state water quality standards.
(5) Section
				 253.77, F.S., provides that a
				person may not commence any excavation, construction, or other activity
				involving the use of state-owned or other lands of the state, the title to
				which is vested in the Board of Trustees of the Internal Improvement Trust Fund
				without obtaining the required consent, lease, easement, or other form of
				authorization authorizing the proposed use. Therefore, the permittee is
				responsible for obtaining any necessary authorizations from the Board of
				Trustees prior to commencing activity on state-owned lands.
(6) The authorization to conduct activities
				under a general permit may be modified, suspended or revoked in accordance with
				chapter 120, F.S., and Section
				 373.429, F.S.
(7) The general permit is not transferable to
				a new third party. To be used by a different permittee, a new notice to use a
				general permit must be submitted in accordance with Rule
				 62-330.402, F.A.C. Activities
				constructed in accordance with the terms and conditions of a general permit are
				automatically authorized to be operated and maintained by the permittee and
				subsequent owners in accordance with subsection
				 62-330.340(1),
				F.A.C. Any person holding the general permit, persons working under the general
				permit, and owners of land while work is conducted under the general permit
				shall remain liable for any corrective actions that may be required as a result
				of any permit violations prior to sale, conveyance, or other transfer of
				ownership or control of the permitted project, activity, or the real property
				at which the permitted project or activity is located.
(8) Upon reasonable notice to the permittee,
				Agency staff with proper identification shall have permission to enter,
				inspect, sample and test the permitted system to ensure conformity with the
				plans and specifications approved by the general permit.
(9) The permittee shall maintain any
				permitted project or activity in accordance with the plans submitted to the
				Agency and authorized in the general permit.
(10) A permittee's right to conduct a
				specific activity under the general permit is authorized for a duration of five
				years.
(11) Activities shall be
				conducted in a manner that does not cause or contribute to violations of state
				water quality standards. Performance-based erosion and sediment control best
				management practices shall be implemented and maintained immediately prior to,
				during, and after construction as needed to stabilize all disturbed areas,
				including other measures specified in the permit to prevent adverse impacts to
				the water resources and adjacent lands. Erosion and sediment control measures
				shall be installed and maintained in accordance with the
State of
				Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida
				Department of Environmental Protection and Florida Department of
				Transportation, June 2007)
, available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-04227
,
				and the
Florida Stormwater Erosion and Sedimentation Control
				Inspector's Manual (Florida Department of Environmental Protection, Nonpoint
				Source Management Section, Tallahassee, Florida, July 2008)
, available
				at
http://publicfiles.dep.state.fl.us/DEAR/Stormwater_Training_Docs/erosion-inspectors-manual.pdf
.
(12) Unless otherwise specified in the
				general permit, temporary vehicular access within wetlands during construction
				shall be performed using vehicles generating minimum ground pressure to
				minimize rutting and other environmental impacts. Within forested wetlands, the
				permittee shall choose alignments that minimize the destruction of mature
				wetland trees to the greatest extent practicable. When needed to prevent
				rutting or soil compaction, access vehicles shall be operated on wooden,
				composite, metal, or other non-earthen construction mats. In all cases, access
				in wetlands shall comply with the following:
(a) Access within forested wetlands shall not
				include the cutting or clearing of any native wetland tree having a diameter
				four inches or greater at breast height;
(b) The maximum width of the construction
				access area shall be limited to 15 feet;
(c) All mats shall be removed as soon as
				practicable after equipment has completed passage through, or work has been
				completed, at any location along the alignment of the project, but in no case
				longer than seven days after equipment has completed work or passage through
				that location; and
(d) Areas
				disturbed for access shall be restored to natural grades immediately after the
				maintenance or repair is completed.