Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.510 - Application Processing

Current through Reg. 50, No. 138; July 16, 2024
(1) Within 30
				days after receipt of an application for permit and its processing fee, the
				Department shall notify the applicant if the application is not complete and
				shall request submittal of the additional information needed to review the
				application that the Department is authorized by law to request. If an
				applicant for a permit issued under Section
				 403.0885, F.S., and this chapter
				is required to submit with his application a preliminary design report,
				engineering report, or other design materials for review, the Department shall
				advise the applicant if the report or materials are deficient and shall request
				additional information as appropriate. All Department requests for additional
				information shall be made in accordance with Sections
				 120.60,
				 403.0875 and
				 403.0876, F.S. An applicant who
				constructs or modifies a facility under Section
				 403.0885, F.S., and this
				chapter, without a permit does so at his own risk and is prohibited from
				discharging wastes from the newly constructed facility or activity or the newly
				modified portion of a facility or activity without a permit.
(2) If the application is for permit renewal,
				the Department shall specify a date for the submittal of the requested
				information.
(3) Within 30 days
				after receipt of such additional information, the Department shall review it
				and may request only that information needed to clarify such additional
				information or to answer new questions raised by or directly related to such
				additional information.
(4) If the
				Department decides that a site visit is necessary in conjunction with
				processing the application, the applicant shall be notified and a visit
				scheduled.
(5) If the applicant
				fails to provide information requested or to correct deficiencies noted in the
				application, which were either requested or notified in accordance with
				subsection (1), and the information or correction is necessary to meet the
				requirements of this chapter, the permit shall be denied. If the incomplete
				application is for renewal of an expiring permit and the renewal is denied,
				appropriate enforcement action shall be imposed on the applicant for continuing
				to discharge into waters after the denial is final.
(6) The Department shall notify the applicant
				that the application is complete after receipt of all required information. The
				date on which the Department notifies the applicant that the application is
				complete is the effective date of the application.
(7) When an application is complete, the
				Department shall determine whether to prepare a draft permit for issuance or
				denial of a permit. The initial preparation of a draft permit for issuance does
				not preclude the Department from denying a permit after an opportunity for
				public comment or public meeting, if requested.
(8) The Department shall render a decision as
				to whether the draft permit will be for issuance or denial within 90 days after
				the Department has received all of the information necessary to make the
				application complete. If this time schedule is not met, the permit applicant
				may apply for an order from the circuit court requiring the Department to
				render a decision within a specified time.
(9) If the Department intends to deny the
				permit application, it shall issue a notice of intent to deny. Public notice
				under subsection  62-620.550(2),
				F.A.C., shall not be required. However, the Department shall prepare a
				statement of basis or fact sheet with the reasons for the proposed action. If
				the decision to deny is changed, except through an administrative hearing under
				Section  120.57, F.S., the Department
				shall withdraw the notice of intent to deny and shall proceed to prepare a
				draft permit. If the applicant requests an administrative hearing under Section
				 120.57, F.S., on the Department
				intent to deny, the applicant shall publish notice of proposed agency action
				under subsections  62-620.550(1) 
				and  62-110.106(7),
				F.A.C. Upon completion of the administrative hearing, the Department shall
				issue or deny the permit in accordance with the conclusions of the proceedings,
				provided the applicant has published notice as required in subsections
				 62-620.550(1) 
				and  62-110.106(7),
				F.A.C. If the applicant has not published notice as required in these rules,
				the Department shall proceed to prepare a draft permit.
(10) If the Department intends to prepare a
				draft permit for issuance, it shall prepare and mail to the applicant, not
				later than the effective date of the application, a project decision schedule.
				The schedule shall specify, at a minimum, target dates for the following:
(a) Preparation of a draft permit;
(b) Public notice, if required, under
				subsections  62-620.550(2) through
				(4), F.A.C.;
(c) Completion of the public comment period,
				including any public meeting, if held;
(d) Issuance of a final permit or submittal
				of a proposed permit to EPA;
(e)
				Public notice, if required, under subsection
				 62-110.106(7),
				F.A.C.; and,
(f) Completion of any
				focal proceedings which may be associated with the
				application.