Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.320 - Standards for Issuing or Denying Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A permit
				shall be issued only if the applicant affirmatively provides the Department
				with reasonable assurance, based on a preliminary design report, plans, test
				results, installation of pollution control equipment, or other information,
				that the construction, modification, or operation of the wastewater facility or
				activity will not discharge or cause pollution in contravention of Chapter 403,
				F.S., and applicable Department rules.
(2) If, after review of the application and
				any pertinent information, the Department determines that the applicant has not
				provided reasonable assurance that the construction, modification, or operation
				of the wastewater facility or activity will be in accordance with applicable
				statutes or rules, including rules of approved local programs under Section
				 403.182, F.S., the Department
				shall deny the permit, shall notify the applicant, and specify the reasons for
				the denial.
(3) A permit issued
				under this chapter shall be renewed upon timely application to the Department
				in accordance with Rule
				 62-620.335, F.A.C., if the
				discharge is in compliance with permit conditions and applicable statutes and
				rules.
(4) The Department shall
				issue, reissue, or renew a permit which would otherwise be denied if the
				criteria set forth in Sections
				 403.088(2)(e) and
				(f), F.S., are met.
(5) A permit for which the permit application
				fee was prorated in accordance with paragraph
				 62-4.050(4)(s),
				F.A.C., shall not be extended through a revision procedure.
(6) Any permit that the Department issues
				shall contain specific conditions necessary to provide reasonable assurance
				that Department rules will be met.
(7) The Department shall take into
				consideration a permit applicant's violation of any Department rules at any
				wastewater facility or activity when determining whether the applicant has
				provided reasonable assurance that Department standards will be met.
(8) No Department permit shall be issued
				under this chapter for a term of more than five years except as provided in
				Section  403.087, F.S.
(9) The issuance of a permit does not relieve
				any person from complying with the requirements of the Clean Water Act, Federal
				Regulations, Chapter 403, F.S., or Department rules.
(10) No permit shall be issued for a
				discharge of wastes into waters regulated under this chapter pursuant to
				Section  403.0885, F.S., when:
(a) The conditions of the permit do not
				provide for compliance with the requirements of Chapter 403, F.S., and
				Department rules;
(b) The U.S.
				Environmental Protection Agency has objected to the permit issuance;
(c) In the judgment of the Secretary of the
				Army, anchorage and navigation in or on any of the waters of the United States
				would be substantially impaired by the discharge to surface waters;
(d) Any radiological, chemical or biological
				warfare agent or high-level radioactive waste is any part of the discharge to
				surface waters;
(e) A new source or
				a new discharger is proposing an installation from which the discharge to
				surface waters will cause or contribute to the violation of water quality
				standards, except as provided in Department rules such as Chapters 62-4,
				62-302, 62-620 and 62-660, F.A.C. This paragraph shall not be construed to
				limit or restrict the applicability of other moderating provisions or variances
				in Department rules, or
(f) The
				imposition of permit conditions cannot ensure compliance with the applicable
				water quality requirements of all affected states or Indian
				tribes.