Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.6052 - Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C. (Transferred to 40D-400.205)

Current through Reg. 50, No. 138; July 16, 2024
(1) A noticed general permit authorizes the
				  construction, operation, maintenance, alteration, abandonment, or removal of
				  certain surface water management systems as set forth in Chapter 40D-400,
				  F.A.C., after notice is provided to the District. Whenever a noticed general
				  permit specifies procedures different from the procedures in this section, the
				  procedures specified in the noticed general permit will govern.
(2) Any person wishing to construct, operate,
				  maintain, alter, abandon, or remove a surface water management system pursuant
				  to a noticed general permit set forth in Chapter 40D-400, F.A.C., shall provide
				  notice to the District by submitting an application including the appropriate
				  application fee as required in Rule
				   40D-1.607, F.A.C., to the
				  District at least 30 days prior to undertaking construction, operation,
				  maintenance, alteration, abandonment, or removal of the system. For the
				  purposes of this subsection, and subsection (3), the application form is only
				  considered submitted when it is actually received by the District.
(3) When the applicant is an entity with the
				  power of eminent domain that does not have current ownership or control of the
				  entire project area described in the application, within three days of District
				  receipt of an application the applicant at the applicant's expense shall mail
				  to the property owner(s) identified in the application a written notice of
				  District receipt of the application in accordance with Rule
				   40D-1.603, F.A.C. The owners of
				  property, not owned by the applicant, identified in the application shall be
				  those identified in the County Property Appraiser's records within 30 days
				  prior to the filing of the application.
(4) If the District determines that the
				  system does not qualify for a noticed general permit, the District shall so
				  notify the applicant by issuing a notification within 30 days of receiving the
				  application. For the purposes of this subsection, issuance shall be deemed to
				  occur either when the notice is properly addressed, stamped, and deposited in
				  the United States mail, in which case the postmark date shall be the date of
				  issuance, or the date the notice is sent by electronic mail. When the District
				  notifies the applicant that the system does not qualify for a noticed general
				  permit due to an error or omission in the original application to the District,
				  the applicant shall have 60 days from the date of the notification to amend the
				  application and submit additional information to correct such error or
				  omission. If the applicant amends the application and submits additional
				  information correcting the error or omission within the 60-day time limit, no
				  additional application fee will be required for the noticed general permit. If
				  the District does not issue the notice informing the applicant that the system
				  does not qualify for a noticed general permit within 30 days of receipt of the
				  original application, or amended application if an amended application is
				  submitted, the applicant may conduct the activity authorized by the noticed
				  general permit.
(5) If the District
				  notifies an applicant that the system for which a noticed general permit is
				  sought does not qualify for the noticed general permit, the applicant may apply
				  for a standard general or individual permit. The application fee for the
				  noticed general permit shall be applied to the application fee for a standard
				  general or individual permit if the applicant applies for such a permit within
				  60 days of notification by the District.
(6) All construction, operation, maintenance,
				  alteration, abandonment, or removal of any system pursuant to a noticed general
				  permit must comply with the provisions of that general permit.
(7) For systems which qualify for a noticed
				  general permit, the District will not publish, or require the applicant to
				  publish, newspaper notice of the application submitted to qualify for the
				  permit. However, persons qualifying for a noticed general permit may publish,
				  in a newspaper of general circulation in the affected area, a notice of intent
				  to use a noticed general permit.
(8) A noticed general permit shall also
				  constitute certification of compliance with state water quality standards where
				  necessary pursuant to Section 401, Public Law 92-500,
				  33 USC Section
				  1341, for activities that qualify for the
				  noticed general permit and that are performed in accordance with the conditions
				  of the noticed general permit unless the permit specifically states
				  otherwise.
Specific Authority
						 120.54(5),
						373.044,
						373.113,
						 373.118,
						373.414 FS. Law Implemented
						120.54(5),
						373.118,
						 373.413,
						 373.414,
						 373.416,
						 373.426 FS.
New 10-3-95, Amended 12-23-97, Formerly 40D-400.211,
						Amended 7-2-98, 11-2-08, Formerly
						 40D-1.1024.