Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-110 - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Section 62-110.107 - Licensing

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to the requirements for the
				processing of applications under subsections
				 28-107.002(2),
				 62-4.055(1),
				62-312.006(5), paragraph
				 62-343.090(2)(f),
				and Rules  62-343.040, and
				 62-620.510, F.A.C., govern the
				processing of applications by the Department, providing that an applicant or
				petitioner must respond to a request for additional information within a
				specified time period or the application or petition will be denied or
				dismissed. For hazardous waste permits, subsection
				 62-730.220(9),
				F.A.C., governs, providing in accordance with federal requirements and Section
				 403.722(10)(c),
				F.S., that the Department must give notice of its intent to issue or deny such
				a pemit within 135 days (instead of the ninety-day period provided by Section
				 120.60(1),
				F.S.) after receipt of the original permit application, the last item of timely
				requested additional information, or the applicant's written request to begin
				processing the application. For Title V permits for air operations, paragraph
				 62-213.420(1)(b),
				F.A.C., governs, in accordance with federal requirements.
(2) When the Department has determined that
				immediate action is necessary to abate an imminent or currently existing
				serious threat to the public health, safety, welfare, or the environment, the
				Department shall issue an emergency order authorizing or directing activities
				necessary to abate the emergency. When such an order is issued in whole or part
				under the authority of Section
				 373.119(2),
				F.S., it may also be based on a serious threat to reasonable recreational,
				commercial, industrial, or agricultural uses. Such an order shall recite the
				factual basis for it in accordance with Section
				 120.569(2)(1),
				F.S., and include all conditions (including a limitation on the duration of the
				emergency authorization) required to ensure that the activity authorized or
				directed does not exceed that which is necessary to abate the threat. When the
				activity conducted under such an order has an operational or maintenance aspect
				that continues beyond the emergency, any necessary permits shall be applied for
				as soon as practicable. Rule
				 62-210.700, F.A.C., shall govern
				the authorization of excess emissions of air contaminants because of startup,
				shutdown, or malfunction, subsection 62-256.450(4), F.A.C., shall govern
				authorization of otherwise unapproved devices and fuels for outdoor heating in
				the event of prolonged cold weather and shortage of approved fuels, subsections
				62-256.500(4), 62-256.600(1), and paragraph
				 62-296.320(3)(b),
				F.A.C., shall govern the emergency authorization of open burning, and
				subparagraph  62-296.404(3)(a) 
				3., F.A.C., shall govern the approval of contingency plans for emergency
				threats to air quality at pulp and paper mills. For the authorization of
				anticipated bypasses of wastewater discharges (intentionally diverted from any
				portion of a treatment works), subsection
				 62-620.610(22),
				F.A.C., shall govern. Rule
				 62-730.161, F.A.C., governs the
				procedures for obtaining an emergency identification number required before
				offering hazardous wastes for transport under specified special circumstances
				and emergency situations, and Rule
				 62-730.320, F.A.C., governs the
				procedures for emergency detonation or thermal treatment of reactive hazardous
				wastes.
(3) For certain minor
				activities related to dredging and filling, Rules
				 62-4.530,
				 62-312.800, and paragraph
				 62-343.090(1)(d),
				F.A.C., shall govern, providing an expedited procedure that allows the
				undertaking of an activity thirty days after submission of an application for a
				general permit, unless the Department has given notice before expiration of the
				thirty-day period that the proposed activity does not qualify for the general
				permit. For stormwater permitting within the geographical jurisdiction of the
				Northwest Florida Water Management District, subsection
				 62-25.801(1),
				F.A.C., shall govern, as authorized by Section
				 373.4145, F.S.
(4) In addition to the provisions of Rules
				 28-107.004 and
				 62-531.450, F.A.C., governs the
				discipline of water well contractors.
(5) Subsection
				 62-312.210(2),
				F.A.C., governs the Department's processing of applications for long-term
				wetland resource permits under Sections
				 373.414 and
				 373.4145, F.S., providing that
				the Department must act on such an application within 135 days of receipt of
				the original completed application, instead of the ninety days that otherwise
				would be required by Section
				 120.60(1), F.S.
				Subsection  62-730.220(9),
				F.A.C., governs the processing of applications for hazardous waste permits,
				likewise providing a deadline of 135 days in which the Department must approve
				or deny such a permit.
(6) If the
				Department determines that an applicant has submitted a substantial revision to
				a complete application, the Department shall notify the applicant of that
				determination and inform the applicant that the original application cannot be
				revised unless the applicant agrees in writing to waive the ninety-day deadline
				of Section  120.60(1),
				F.S., and restart the time for processing the application under that statute,
				and submits a complete, additional processing fee determined pursuant to the
				schedule set forth in Rule
				 62-4.050, F.A.C. For purposes of
				this subsection, the term "substantial revision" shall mean a revision
				reasonably expected to lead to significantly different environmental impacts
				and requiring a detailed review by the Department.
(7) For wetland resource permits within the
				geographical territory of the Northwest Florida Water Management District, and
				for grandfathered wetland resource permits in the rest of the state, the
				ninety-day period for action on a completed application shall be tolled by a
				request for a soils assessment.
Rulemaking Authority
					  120.54(5),
					 373.026,
					 373.043,
					 373.044,
					 373.414,
					 373.418,
					 403.061,
					 403.087,
					 403.0877,
					 403.0885,
					 403.704,
					 403.72,
					 403.721,
					 403.726,
					 403.727,
					 403.8055,
					 403.814,
					 403.9328 FS. Law Implemented
					 120.54(5),
					  120.569(2),
					 (1),
					  120.60,
					  373.026,
					  373.109,
					  373.117,
					  373.118,
					  373.119,
					  373.333,
					  373.409,
					  373.413,
					  373.414,
					  373.4145,
					  373.416,
					  373.417,
					  373.418,
					  373.419,
					  373.423,
					  373.426,
					  373.439,
					  376.13,
					  376.3078(6)(h),
					  403.031,
					  403.061,
					  403.087,
					  403.0877,
					  403.0872,
					  403.0885,
					  403.704,
					  403.721,
					  403.722(10),
					 (12),
					  403.726,
					  403.813,
					  403.814 FS.
New 7-1-98.