Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-528 - UNDERGROUND INJECTION CONTROL › Section 62-528.355 - Underground Injection Control: Permit Modification, Revocation, Termination

Current through Reg. 50, No. 138; July 16, 2024
(1) When the Department receives any
				information (for example, inspects the facility, receives information submitted
				by the permittee as required in the permit, receives a request for modification
				or revocation and reissuance, or conducts a review of the permit file) it will
				determine whether or not one or more of the causes listed in subsections (2)
				and (3) of this section for modification or revocation and reissuance or both
				exist. If cause exists, the Department shall modify or revoke and reissue the
				permit accordingly, subject to the limitations of subsection (4) of this
				section, and shall request an updated application if necessary. When a permit
				is modified, only the conditions subject to modification are reopened. If a
				permit is revoked and reissued, the entire permit is reopened and subject to
				revision and the permit is reissued for a new term. If cause does not exist
				under this section, the Department shall not modify or revoke and reissue the
				permit. If a permit modification is a minor modification pursuant to subsection
				 62-528.355(5),
				F.A.C., the permit shall be modified without a draft permit or public review.
				Otherwise, a draft permit shall be prepared and other procedures in Rules
				 62-528.310 through
				 62-528.335, F.A.C., shall be
				followed.
(2) Causes for major
				modification. The following are causes for modification. For Class I hazardous
				waste injection wells or Class III wells, the following are causes for
				revocation and reissuance as well as modification; and for all other wells the
				following are causes for revocation or reissuance as well as modification when
				the permittee requests or agrees.
(a)
				Alterations. There are material and substantial alterations or additions to the
				permitted facility or activity which occurred after permit issuance which
				justify the application of permit conditions that are different in or absent
				from the existing permit.
(b)
				Information. The Department has received information that was not available at
				the time of permit issuance (other than revised rules, guidance, or test
				methods) which would have justified the application of different permit
				conditions at the time of issuance. For multiwell permits, this cause shall
				include any information indicating that cumulative effects of injection on the
				environment are inconsistent with this chapter. Permits for Class III wells
				shall, if necessary to protect waters of the State, be modified during their
				terms for this cause even if the information was available at the time the
				permit was issued.
(c) New rules.
				The rules on which the permit was based have been changed by promulgation of
				new or amended rules, or by judicial decision after the permit was issued.
				Permits other than for Class I hazardous waste injection wells or Class III
				wells shall be modified during their terms for this cause only as follows:
1. For promulgation of amended rules, when:
a. The permit condition requested to be
				modified was based on a promulgated Chapter 62-528, F.A.C., rule; and
b. The Department has revised, withdrawn, or
				modified that portion of the rule on which the permit condition was based;
				and
c. A permittee requests
				modification within 90 days after publication in the Florida Administrative
				Weekly of the proposed revised rule upon which the request is
				based.
2. For judicial
				decisions, a court of competent jurisdiction has remanded and stayed Department
				promulgated rules if the remand and stay concern that portion of the rules on
				which the permit condition was based and a request is filed by the permittee
				within ninety (90) days of judicial remand.
(d) Compliance schedules. There is good cause
				for modification of a compliance schedule such as an act of God, strike, flood,
				or materials shortage or other events over which the permittee has little or no
				control and for which there is no reasonably available
				remedy.