Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.6051 - Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  Applications for environmental resource permits, notices, requests for
				  verification of exemption, petitions for formal determinations of wetland and
				  other surface waters and other determinations requested under Chapter 62-330,
				  F.A.C., shall be processed in accordance with Chapter 62-330, F.A.C., and
				  Environmental Resource Permit Applicant's Handbook Volumes I and II, and not in
				  accordance with this rule. For all other applications, within 30 days after
				  receipt of an application, the District shall notify the applicant if the
				  application is incomplete and request the additional information required to
				  make the application complete. The applicant shall have up to 90 days to submit
				  all information requested. If additional information is not supplied within 90
				  days after notice by the District, the application will be denied for lack of
				  completeness as provided in subsection (2). Within 30 days after receiving all
				  additional information requested from the applicant, the District shall review
				  it and may request only clarifications of the information or request answers to
				  new questions raised or directly related to the information previously
				  furnished. The applicant shall have up to 90 days from issuance of the
				  District's request for clarifying or additional information to submit the
				  information requested. If the requested information is not supplied within 90
				  days after notice by the District, the application will be denied for lack of
				  completeness as provided in subsection (2). If the applicant believes the
				  request of the District for such clarifying or additional information is not
				  authorized by law or rule, upon receipt of the applicant's written request the
				  District shall deem the application complete and proceed to process the permit
				  application.
(a) The applicant shall include
				  with each submittal of information in support of a pending permit application
				  an Applicant Transmittal Form,
http://www.flrules.org/Gateway/reference.asp?No=Ref-00741
Form No. LEG-R.046.01 (08/11), which form is incorporated herein by reference
				  and can be obtained from the District's website at
www.WaterMatters.org
or from District
				  offices. The applicant shall specify on the Applicant Transmittal Form the
				  application number for which the information or material is being submitted and
				  the contents of the submittal and shall state whether the accompanying
				  submittal completes the applicant's response to the District's request for
				  additional or clarifying information. District staff shall proceed to process
				  the permit application upon receipt of the applicant's information and
				  statement that the submittal completes the applicant's response, upon receipt
				  of the applicant's written request that the District proceed to process the
				  application or, if no statement and additional information is received, upon
				  the conclusion of the 90-day response period.
(b) Upon written request by the applicant, an
				  extension of time shall be granted by the District staff upon a showing by the
				  applicant that a good faith effort is being made to provide the additional
				  information and the additional time is required.
(c) Denial of an application for lack of
				  completeness is without prejudice to the applicant's right to file a new
				  application on the same subject matter.