Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.540 - General Conditions for All General Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The terms, conditions, requirements,
				limitations, and restrictions set forth in this Part are "general permit
				conditions" and are binding upon the permittee. The conditions are enforceable
				under Chapter 403, F.S.
(2) 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. The permittee is placed on notice
				that violation of the permit may result in suspension or revocation of the
				permittee's use of the general permit and may cause the Department to begin
				legal proceedings.
(3) The general
				permit does not convey any vested rights or any exclusive privileges. It does
				not authorize any injury to public or private property nor any invasion of
				personal rights. It does not authorize any infringement of federal, state or
				local laws or regulations. It does not eliminate the necessity for obtaining
				any other federal, state or local permits that may be required, or allow the
				permittee to violate any more stringent standards established by federal or
				local law.
(4) The general permit
				does not relieve the permittee from liability and penalties when the
				construction or operation of the permitted activity causes harm or injury to
				human health or welfare; causes harm or injury to animal, plant or aquatic
				life; or causes harm or injury to property. It does not allow the permittee to
				cause pollution in contravention of Florida Statutes and Department
				rules.
(5) The general permit
				conveys no title to land or water, nor does it constitute State recognition or
				acknowledgment of title. It does not constitute authority for reclamation of
				submerged lands. Only the Board of Trustees of the Internal Improvement Trust
				Fund may express State opinion as to title.
(6) No general permit shall authorize the use
				of state owned land without the prior consent of the Board of Trustees of the
				Internal Improvement Trust Fund pursuant to Section
				 253.77, F.S.
(7) The general permit may be modified,
				suspended or revoked in accordance with Chapter 120, F.S., if the Secretary
				determines that there has been a violation of any of the terms or conditions of
				the permit, there has been a violation of state water quality standards or
				state air quality standards, or the permittee has submitted false, incomplete
				or inaccurate data or information.
(8) The general permit shall not be
				transferred to a third party except pursuant to Rule
				 62-4.120, F.A.C.
(9) The general permit authorizes
				construction and, where applicable, operation of the permitted
				facility.
(10) The permittee agrees
				in using the general permit to make every reasonable effort to conduct the
				specific activity or construction authorized by the general permit in a manner
				that will minimize any adverse effects on the adjacent property or on public
				use of the adjacent property, where applicable, and on the environment,
				including fish, wildlife, natural resources of the area, water quality or air
				quality.
(11) The permittee agrees
				in using the general permit to allow a duly authorized representative of the
				Department access to the permitted facility or activity at reasonable times to
				inspect and test upon presentation of credentials or other documents as may be
				required by law to determine compliance with the permit and the department
				rules.
(12) The permittee agrees to
				maintain any permitted facility, or activity in good condition and in
				accordance with the plans submitted to the department under subsection
				 62-4.530(1),
				F.A.C.
(13) A permittee's use of a
				general permit is limited to five years. However, the permittee may request
				continued use of the general permit by notifying the department pursuant to
				subsection  62-4.530(1),
				F.A.C. However, the permittee shall give notice of continued use of a general
				permit thirty days before it expires.
Rulemaking Authority
					 403.814(1) FS.
					 Law Implemented 253.123, 253.124, 403.061, 403.087, 403.088, 403.702-.73,
					 403.814, 403.851-.864 FS.
New 7-8-82, Formerly 17-4.54, Amended 8-31-88, Formerly
					 17-4.540.