Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-528 - UNDERGROUND INJECTION CONTROL › Section 62-528.307 - Underground Injection Control: General Conditions for Permits

Current through Reg. 50, No. 138; July 16, 2024
The following general conditions shall be included in each of
				  the respective types of underground injection control permits.
(1) All UIC Permits.
(a) The terms, conditions, requirements,
				limitations and restrictions set forth in this permit are "permit conditions"
				and are binding and enforceable pursuant to Section
				 403.141, F.S.
(b) This permit is valid only for the
				specific processes and operations applied for and indicated in the approved
				drawings or exhibits. Any unauthorized deviation from the approved drawings,
				exhibits, specifications, or conditions of this permit may constitute grounds
				for revocation and enforcement action.
(c) As provided in Section
				 403.087(7),
				F.S., the issuance of this permit does not convey any vested rights or
				exclusive privileges. Neither does it authorize any injury to public or private
				property or any invasion of personal rights, nor infringement of federal,
				state, or local laws or regulations. This permit is not a waiver of or approval
				of any other Department permit that may be required for other aspects of the
				total project which are not addressed in this permit.
(d) This permit conveys no title to land,
				water, does not constitute State recognition or acknowledgment of title, and
				does not constitute authority for the use of submerged lands unless herein
				provided and the necessary title or leasehold interests have been obtained from
				the State. Only the Trustees of the Internal Improvement Trust Fund may express
				State opinion as to title.
(e) This
				permit does not relieve the permittee from liability for harm to human health
				or welfare, animal, or plant life, or property caused by the construction or
				operation of this permitted source, or from penalties therefrom; nor does it
				allow the permittee to cause pollution in contravention of Florida Statutes and
				Department rules, unless specifically authorized by an order from the
				Department.
(f) The permittee shall
				properly operate and maintain the facility and systems of treatment and control
				(and related appurtenances) that are installed and used by the permittee to
				achieve compliance with the conditions of this permit, or are required by
				Department rules. This provision includes the operation of backup or auxiliary
				facilities or similar systems when necessary to achieve compliance with the
				conditions of the permit and when required by Department rules.
(g) The permittee, by accepting this permit,
				specifically agrees to allow authorized Department personnel, upon presentation
				of credentials or other documents as may be required by law and at reasonable
				times, access to the premises where the permitted activity is located or
				conducted to:
1. Have access to and copy any
				records that must be kept under conditions of this permit;
2. Inspect the facility, equipment,
				practices, or operations regulated or required under this permit; and
3. Sample or monitor any substances or
				parameters at any location reasonably necessary to assure compliance with this
				permit or Department rules. Reasonable time will depend on the nature of the
				concern being investigated.
(h) If, for any reason, the permittee does
				not comply with or will be unable to comply with any condition or limitation
				specified in this permit, the permittee shall immediately provide the
				Department with the following information:
1.
				A description of and cause of noncompliance; and
2. The period of noncompliance, including
				dates and times; or, if not corrected the anticipated time the noncompliance is
				expected to continue, and steps being taken to reduce, eliminate, and prevent
				the recurrence of the noncompliance. The permittee shall be responsible for any
				and all damages which may result and may be subject to enforcement action by
				the Department for penalties or for revocation of this
				permit.
(i) In accepting
				this permit, the permittee understands and agrees that all records, notes,
				monitoring data and other information relating to the construction or operation
				of this permitted source which are submitted to the Department may be used by
				the Department as evidence in any enforcement case involving the permitted
				source arising under the Florida Statutes or Department rules, except where
				such use is proscribed by Sections
				 403.111 and
				 403.73, F.S. Such evidence shall
				only be used to the extent it is consistent with the Florida Rules of Civil
				Procedure and appropriate evidentiary rules.
(j) The permittee agrees to comply with
				changes in Department Rules and Florida Statutes after a reasonable time for
				compliance; provided, however, the permittee does not waive any other rights
				granted by Florida Statutes or Department Rules.
(k) This permit is transferable only upon
				Department approval in accordance with Rules
				 62-4.120 and
				 62-528.350, F.A.C. The permittee
				shall be liable for any non-compliance of the permitted activity until the
				transfer is approved by the Department.
(l) This permit or a copy thereof shall be
				kept at the work site of the permitted activity.
(m) The permittee shall comply with the
				following:
1. Upon request, the permittee
				shall furnish all records and plans required under Department Rules. During
				enforcement actions, the retention period for all records shall be extended
				automatically unless the Department determines that the records are no longer
				required.
2. The permittee shall
				hold at the facility or other location designated by this permit records of all
				monitoring information (including calibration and maintenance records and all
				original strip chart recordings for continuous monitoring instrumentation)
				required by the permit, copies of all reports required by this permit, and
				records of all data used to complete the application for this permit. These
				materials shall be retained at least three years from the date of the sample,
				measurement, report, or application unless otherwise specified by Department
				Rule.
3. Records of monitoring
				information shall include:
a. The date, exact
				place, and time of sampling or measurements;
b. The person responsible for performing the
				sampling or measurements;
c. The
				dates analyses were performed;
d.
				The person responsible for performing the analyses;
e. The analytical techniques or methods
				used;
f. The results of such
				analyses.
4. The
				permittee shall furnish to the Department, within the time requested in
				writing, any information which the Department requests to determine whether
				cause exists for modifying, revoking and reissuing, or terminating this permit,
				or to determine compliance with this permit.
5. If the permittee becomes aware that
				relevant facts were not submitted or were incorrect in the permit application
				or in any report to the Department, such facts or information shall be
				corrected promptly.
(n)
				All applications, reports, or information required by the Department shall be
				certified as being true, accurate, and complete.
(o) Reports of compliance or noncompliance
				with, or any progress reports on, requirements contained in any compliance
				schedule of this permit shall be submitted no later than 14 days following each
				scheduled date.
(p) Any permit
				noncompliance constitutes a violation of the Safe Drinking Water Act and is
				grounds for enforcement action; for permit termination, revocation and
				reissuance, or modification; or for denial of a permit renewal
				application.
(q) It shall not be a
				defense for a permittee in an enforcement action that it would have been
				necessary to halt or reduce the permitted activity in order to maintain
				compliance with the conditions of this permit.
(r) The permittee shall take all reasonable
				steps to minimize or correct any adverse impact on the environment resulting
				from noncompliance with this permit.
(s) This permit may be modified, revoked and
				reissued, or terminated for cause, as provided in
				40 C.F.R. Sections
				144.39(a),
				144.40(a), and
				144.41 (1998). The filing of a
				request by the permittee for a permit modification, revocation or reissuance,
				or termination, or a notification of planned changes or anticipated
				noncompliance, does not stay any permit condition.
(t) The permittee shall retain all records of
				all monitoring information concerning the nature and composition of injected
				fluid until five years after completion of any plugging and abandonment
				procedures specified under Rule
				 62-528.435, F.A.C. The permittee
				shall deliver the records to the Department office that issued the permit at
				the conclusion of the retention period unless the permittee elects to continue
				retention of the records.
(u) All
				reports and other submittals required to comply with this permit shall be
				signed by a person authorized under subsection
				 62-528.340(1) or
				(2), F.A.C. All reports shall contain the
				certification required in subsection
				 62-528.340(4),
				F.A.C.
(v) The permittee shall
				notify the Department as soon as possible of any planned physical alterations
				or additions to the permitted facility. In addition, prior approval is required
				for activities described in paragraph
				 62-528.410(1)(h),
				F.A.C.
(w) The permittee shall give
				advance notice to the Department of any planned changes in the permitted
				facility or injection activity which may result in noncompliance with permit
				requirements.
(x) The permittee
				shall report any noncompliance which may endanger health or the environment
				including:
1. Any monitoring or other
				information which indicates that any contaminant may cause an endangerment to
				an underground source of drinking water; or
2. Any noncompliance with a permit condition
				or malfunction of the injection system which may cause fluid migration into or
				between underground sources of drinking water.
Any information shall be provided orally within 24 hours from
				  the time the permittee becomes aware of the circumstances. A written submission
				  shall also be provided within 5 days of the time the permittee becomes aware of
				  the circumstances. The written submission shall contain a description of the
				  noncompliance and its cause, the period of noncompliance, including exact dates
				  and times, and if the noncompliance has not been corrected, the anticipated
				  time it is expected to continue; and the steps taken or planned to reduce,
				  eliminate, and prevent reoccurrence of the
				  noncompliance.