Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.160 - Permit Conditions

Current through Reg. 50, No. 138; July 16, 2024
All permits issued by the Department shall include the
				  following general conditions:
(1) The
				terms, conditions, requirements, limitations and restrictions set forth in this
				permit, are "permit conditions" and are binding and enforceable pursuant to
				Sections  403.141,
				 403.727, or
				 403.859 through
				 403.861, F.S. The permittee is
				placed on notice that the Department will review this permit periodically and
				may initiate enforcement action for any violation of these
				conditions.
(2) This permit is
				valid only for the specific processes and operations applied for and indicated
				in the approved drawings or exhibits. Any unauthorized deviation from the
				approved drawings, exhibits, specifications, or conditions of this permit may
				constitute grounds for revocation and enforcement action by the
				Department.
(3) As provided in
				Sections  403.087(6)  and
				 403.722(5),
				F.S., the issuance of this permit does not convey any vested rights or any
				exclusive privileges. Neither does it authorize any injury to public or private
				property or any invasion of personal rights, nor any infringement of federal,
				state, or local laws or regulations. This permit is not a waiver of or approval
				of any other department permit that may be required for other aspects of the
				total project which are not addressed in this permit.
(4) This permit conveys no title to land or
				water, does not constitute State recognition or acknowledgment of title, and
				not constitute authority for the use of submerged lands unless herein provided
				and the necessary title or leasehold interests have been obtained from the
				State. Only the Trustees of the Internal Improvement Trust Fund may express
				State opinion as to title.
(5) This
				permit does not relieve the permittee from liability for harm or injury to
				human health or welfare, animal, or plant life, or property caused by the
				construction or operation of this permitted source, or from penalties
				therefore; nor does it allow the permittee to cause pollution in contravention
				of Florida Statutes and Department rules, unless specifically authorized by an
				order from the Department.
(6) The
				permittee shall properly operate and maintain the facility and systems of
				treatment and control (and related appurtenances) that are installed and used
				by the permittee to achieve compliance with the conditions of this permit, as
				required by Department rules. This provision includes the operation of backup
				or auxiliary facilities or similar systems when necessary to achieve compliance
				with the conditions of the permit and when required by Department
				rules.
(7) The permittee, by
				accepting this permit, specifically agrees to allow authorized Department
				personnel, upon presentation of credentials or other documents as may be
				required by law and at reasonable times, access to the premises where the
				permitted activity is located or conducted to:
(a) Have access to and copy any records that
				must be kept under conditions of the permit;
(b) Inspect the facility, equipment,
				practices, or operations regulated or required under this permit; and,
(c) Sample or monitor any
				substances or parameters at any location reasonably necessary to assure
				compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being
				  investigated.