Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.460 - Application Processing, Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
Permit applications or re-applications, for individual
				  permits, shall be processed in accordance with the following:
(1) Within 90 days after receipt of an
				application for permit, 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.
(2) Within 90 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.
(3) 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.
(4) 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), of
				this rule, and the information or correction is necessary to meet the
				requirements of this chapter, the permit shall be denied. Discharge from a MS4
				without a valid permit is cause for appropriate enforcement action.
(5) 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 or modifying the draft permit
				after an opportunity for public comment or public meeting, if
				requested.
(6) 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.
(7) 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's 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 hearing results in a recommendation for approval of the permit,
				and if the applicant has not published notice as required in these rules, the
				Department shall proceed to prepare a draft permit.
(8) 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.
(9) 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
				formal proceedings which may be associated with the
				application.