Current as of: Dec. 2011
(1) An application for modification of permits shall be processed in accordance with this rule, unless the permit is otherwise revoked, suspended, or has expired.
(2) The district may modify a permit issued pursuant to this chapter at any time if it determines that the permitted surfacewater management system, work, or development in a work of the district has or may become a danger to public health or safety or is in violation of any district rule or order or the conditions of the permit. Before any such modification, the district shall give affected persons notice of the proposed modification with the reasons for such modification and reference to applicable district rule, order, or permit conditions. The notice shall state that affected persons may request an administrative hearing by filing a petition for such hearing with the district. In no event shall the time for filing said petitions be more than 14 days from the date the notice was sent or published, and no such modification shall be made without a hearing if requested.
(3) If the executive director determines that the danger to the public is imminent, he may order a temporary suspension of construction, alteration, repair, or operation of the system, work, or development in a work of the district; or he may specify temporary conditions for continued operation, alteration, repair, or development until a hearing is complete or the district otherwise issues a final order; or the executive director may take appropriate action pursuant to Rule 40B-4.1170, F.A.C.
(4) Applications to modify permits may be made by permittees in the same manner as the original permit.
(5) Requests to modify permits for construction or operation, applications may be filed by letter request provided the modification does not:
(a) Request a substantial change in the permit authorization;
(b) Increase the off-site discharge;
(c) Decrease the required detention or retention;
(d) Decrease (lower) required flood control elevations of roads or buildings; or
(e) Decrease stormwater treatment quantities or efficiency.
Laws implemented by this Rule: Florida Statutes § 120.57, 120.60, 373.044, 373.113,