Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.350 - General Conditions for Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The following general conditions are
				binding on all individual permits issued under this chapter, except where the
				conditions are not applicable to the authorized activity, or where the
				conditions must be modified to accommodate project-specific conditions.
(a) All activities shall be implemented
				following the plans, specifications and performance criteria approved by this
				permit. Any deviations must be authorized in a permit modification in
				accordance with Rule  62-330.315, F.A.C. Any
				deviations that are not so authorized may subject the permittee to enforcement
				action and revocation of the permit under Chapter 373, F.S.
(b) A complete copy of this permit shall be
				kept at the work site of the permitted activity during the construction phase,
				and shall be available for review at the work site upon request by the Agency
				staff. The permittee shall require the contractor to review the complete permit
				prior to beginning construction.
(c) Activities shall be conducted in a manner
				that does not cause or contribute to violations of state water quality
				standards. Performance-based erosion and sediment control best management
				practices shall be installed immediately prior to, and be maintained during and
				after construction as needed, to prevent adverse impacts to the water resources
				and adjacent lands. Such practices shall be in accordance with the
State of Florida Erosion and Sediment Control Designer and Reviewer
				Manual (Florida Department of Environmental Protection and Florida Department
				of Transportation, June 2007)
, and the
Florida Stormwater
				Erosion and Sedimentation Control Inspector's Manual (Florida Department of
				Environmental Protection, Nonpoint Source Management Section, Tallahassee,
				Florida, July 2008)
, which are both incorporated by reference in
				subparagraph  62-330.050(9)(b) 
				5., F.A.C., unless a project-specific erosion and sediment control plan is
				approved or other water quality control measures are required as part of the
				permit.
(d) At least 48 hours prior
				to beginning the authorized activities, the permittee shall submit to the
				Agency a fully executed Form
				 62-330.350(1),
				"Construction Commencement Notice, " (October 1, 2013), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-02505
),
				incorporated by reference herein, indicating the expected start and completion
				dates. A copy of this form may be obtained from the Agency, as described in
				subsection  62-330.010(5),
				F.A.C., and shall be submitted electronically or by mail to the Agency.
				However, for activities involving more than one acre of construction that also
				require a NPDES stormwater construction general permit, submittal of the Notice
				of Intent to Use Generic Permit for Stormwater Discharge from Large and Small
				Construction Activities, DEP Form
				 62-621.300(4)(b),
				shall also serve as notice of commencement of construction under this chapter
				and, in such a case, submittal of Form
				 62-330.350(1) 
				is not required.
(e) Unless the
				permit is transferred under Rule
				 62-330.340, F.A.C., or
				transferred to an operating entity under Rule
				 62-330.310, F.A.C., the
				permittee is liable to comply with the plans, terms, and conditions of the
				permit for the life of the project or activity.
(f) Within 30 days after completing
				construction of the entire project, or any independent portion of the project,
				the permittee shall provide the following to the Agency, as applicable:
1. For an individual, private single-family
				residential dwelling unit, duplex, triplex, or quadruplex - "Construction
				Completion and Inspection Certification for Activities Associated with a
				Private Single-Family Dwelling Unit" [Form
				 62-330.310(3)] 
				; or
2. For all other activities -
				"As-Built Certification and Request for Conversion to Operation Phase" [Form
				 62-330.310(1)] .
3. If available, an Agency
				website that fulfills this certification requirement may be used in lieu of the
				form.
(g) If the final
				operation and maintenance entity is a third party:
1. Prior to sales of any lot or unit served
				by the activity and within one year of permit issuance, or within 30 days of
				as-built certification, whichever comes first, the permittee shall submit, as
				applicable, a copy of the operation and maintenance documents (see sections
				12.3 thru 12.3.4 of Volume I) as filed with the Florida Department of State,
				Division of Corporations, and a copy of any easement, plat, or deed restriction
				needed to operate or maintain the project, as recorded with the Clerk of the
				Court in the County in which the activity is located.
2. Within 30 days of submittal of the
				as-built certification, the permittee shall submit "Request for Transfer of
				Environmental Resource Permit to the Perpetual Operation and Maintenance
				Entity" [Form  62-330.310(2)] 
				to transfer the permit to the operation and maintenance entity, along with the
				documentation requested in the form. If available, an Agency website that
				fulfills this transfer requirement may be used in lieu of the
				form.
(h) The permittee
				shall notify the Agency in writing of changes required by any other regulatory
				agency that require changes to the permitted activity, and any required
				modification of this permit must be obtained prior to implementing the
				changes.
(i) This permit does not:
1. Convey to the permittee any property
				rights or privileges, or any other rights or privileges other than those
				specified herein or in Chapter 62-330, F.A.C.;
2. Convey to the permittee or create in the
				permittee any interest in real property;
3. Relieve the permittee from the need to
				obtain and comply with any other required federal, state, and local
				authorization, law, rule, or ordinance; or
4. Authorize any entrance upon or work on
				property that is not owned, held in easement, or controlled by the
				permittee.
(j) Prior to
				conducting any activities on state-owned submerged lands or other lands of the
				state, title to which is vested in the Board of Trustees of the Internal
				Improvement Trust Fund, the permittee must receive all necessary approvals and
				authorizations under Chapters 253 and 258, F.S. Written authorization that
				requires formal execution by the Board of Trustees of the Internal Improvement
				Trust Fund shall not be considered received until it has been fully
				executed.
(k) The permittee shall
				hold and save the Agency harmless from any and all damages, claims, or
				liabilities that may arise by reason of the construction, alteration,
				operation, maintenance, removal, abandonment or use of any project authorized
				by the permit.
(l) The permittee
				shall notify the Agency in writing:
1.
				Immediately if any previously submitted information is discovered to be
				inaccurate; and
2. Within 30 days
				of any conveyance or division of ownership or control of the property or the
				system, other than conveyance via a long-term lease, and the new owner shall
				request transfer of the permit in accordance with Rule
				 62-330.340, F.A.C. This does not
				apply to the sale of lots or units in residential or commercial subdivisions or
				condominiums where the stormwater management system has been completed and
				converted to the operation phase.
(m) Upon reasonable notice to the permittee,
				Agency staff with proper identification shall have permission to enter,
				inspect, sample and test the project or activities to ensure conformity with
				the plans and specifications authorized in the permit.
(n) If prehistoric or historic artifacts,
				such as pottery or ceramics, projectile points, stone tools, dugout canoes,
				metal implements, historic building materials, or any other physical remains
				that could be associated with Native American, early European, or American
				settlement are encountered at any time within the project site area, the
				permitted project shall cease all activities involving subsurface disturbance
				in the vicinity of the discovery. The permittee or other designee shall contact
				the Florida Department of State, Division of Historical Resources, Compliance
				Review Section (DHR), at (850)245-6333, as well as the appropriate permitting
				agency office. Project activities shall not resume without verbal or written
				authorization from the Division of Historical Resources. If unmarked human
				remains are encountered, all work shall stop immediately and the proper
				authorities notified in accordance with Section
				 872.05, F.S. For project
				activities subject to prior consultation with the DHR and as an alternative to
				the above requirements, the permittee may follow procedures for unanticipated
				discoveries as set forth within a cultural resources assessment survey
				determined complete and sufficient by DHR and included as a specific permit
				condition herein.
(o) Any
				delineation of the extent of a wetland or other surface water submitted as part
				of the permit application, including plans or other supporting documentation,
				shall not be considered binding unless a specific condition of this permit or a
				formal determination under Rule
				 62-330.201, F.A.C., provides
				otherwise.
(p) The permittee shall
				provide routine maintenance of all components of the stormwater management
				system to remove trapped sediments and debris. Removed materials shall be
				disposed of in a landfill or other uplands in a manner that does not require a
				permit under Chapter 62-330, F.A.C., or cause violations of state water quality
				standards.
(q) This permit is
				issued based on the applicant's submitted information that reasonably
				demonstrates that adverse water resource-related impacts will not be caused by
				the completed permit activity. If any adverse impacts result, the Agency will
				require the permittee to eliminate the cause, obtain any necessary permit
				modification, and take any necessary corrective actions to resolve the adverse
				impacts.
(r) A Recorded Notice of
				Environmental Resource Permit may be recorded in the county public records in
				accordance with subsection
				 62-330.090(7),
				F.A.C. Such notice is not an encumbrance upon the property.