Florida Regulations 62-331.080: Modification, Suspension, or Revocation of Permits
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Modification of permits shall be conducted in accordance with subsections 62-330.315(1) through (3), F.A.C., and section 6.2 of Volume I, as applicable. Suspension or revocation of permits shall be conducted in accordance with Florida Statutes § 373.429 In addition, modification, suspension, or revocation of permits is subject to the following:
(1) The following shall be processed as minor modifications. Any activity not covered below shall be processed as a major modification:
(a) Correction of typographical errors;
(b) Requiring more frequent monitoring or reporting by permittee;
(c) Changing ownership or operational control of a project or activity where the Agency determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Agency;
(d) Minor modifications of project plans that do not significantly change the character, scope, and/or purpose of the project or result in significant change in environmental impact. The Agency shall use the factors in section 6.2.1(d) of Volume I, as applicable, to determine whether the modification will be considered minor;
(e) Extending the term of an individual permit to the amount of time reasonably needed to complete the project, but not to exceed the maximum duration allowed under federal law and so long as the modification does not result in any increase in the amount of material to be dredged or used as fill.
(2) The Agency shall reevaluate the circumstances and conditions of a permit at any time, either on its own motion or at the request of the permittee or a third party and determine whether to initiate action to modify, suspend, or revoke a permit if sufficient cause exists. Sufficient cause exists when any one of the following factors are present:
(a) Permittee’s noncompliance with any of the terms or conditions of the permit;
(b) Permittee’s failure in the application or during the permit issuance process to fully disclose all relevant facts or the permittee’s misrepresentation of any relevant facts at the time;
(c) Information that activities authorized by a general permit are having more than minimal individual or cumulative adverse effect on the environment, or that the permitted activities are more appropriately regulated by individual permits;
(d) Circumstances relating to the authorized activity have changed since the permit was issued and changed permit conditions or temporary or permanent cessation of any dredge or fill activity controlled by the permit are justified;
(e) Any significant information relating to the activity authorized by the permit if such information was not available at the time the permit was issued and would have justified the imposition of different permit conditions or denial at the time of issuance;
(f) Revisions to applicable statutory or regulatory authority, including toxic effluent standards or prohibitions or water quality standards.
(3) Extensions of permits.
(a) Individual permits shall not be extended beyond the maximum duration allowed under federal law.
(b) General permits shall not be extended.
(4) Public notice.
(a) Minor modifications shall not be subject to the public notice requirements in Fl. Admin. Code R. 62-331.060
(b) Major modifications shall be subject to the public notice requirements in Fl. Admin. Code R. 62-331.060 However, only the conditions subject to modification shall be re-opened.
(c) Revocation and suspension of permits shall be effective upon the permittee’s receipt of notification from the Agency of such revocation or suspension. Public notice of the revocation or suspension shall be made in accordance with Fl. Admin. Code R. 62-331.060
Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.
Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4146, 373.429 FS. History-New 12-22-20.
(1) The following shall be processed as minor modifications. Any activity not covered below shall be processed as a major modification:
(a) Correction of typographical errors;
(b) Requiring more frequent monitoring or reporting by permittee;
(c) Changing ownership or operational control of a project or activity where the Agency determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Agency;
(d) Minor modifications of project plans that do not significantly change the character, scope, and/or purpose of the project or result in significant change in environmental impact. The Agency shall use the factors in section 6.2.1(d) of Volume I, as applicable, to determine whether the modification will be considered minor;
(e) Extending the term of an individual permit to the amount of time reasonably needed to complete the project, but not to exceed the maximum duration allowed under federal law and so long as the modification does not result in any increase in the amount of material to be dredged or used as fill.
(2) The Agency shall reevaluate the circumstances and conditions of a permit at any time, either on its own motion or at the request of the permittee or a third party and determine whether to initiate action to modify, suspend, or revoke a permit if sufficient cause exists. Sufficient cause exists when any one of the following factors are present:
(a) Permittee’s noncompliance with any of the terms or conditions of the permit;
(b) Permittee’s failure in the application or during the permit issuance process to fully disclose all relevant facts or the permittee’s misrepresentation of any relevant facts at the time;
(c) Information that activities authorized by a general permit are having more than minimal individual or cumulative adverse effect on the environment, or that the permitted activities are more appropriately regulated by individual permits;
(d) Circumstances relating to the authorized activity have changed since the permit was issued and changed permit conditions or temporary or permanent cessation of any dredge or fill activity controlled by the permit are justified;
(e) Any significant information relating to the activity authorized by the permit if such information was not available at the time the permit was issued and would have justified the imposition of different permit conditions or denial at the time of issuance;
(f) Revisions to applicable statutory or regulatory authority, including toxic effluent standards or prohibitions or water quality standards.
(3) Extensions of permits.
(a) Individual permits shall not be extended beyond the maximum duration allowed under federal law.
(b) General permits shall not be extended.
(4) Public notice.
(a) Minor modifications shall not be subject to the public notice requirements in Fl. Admin. Code R. 62-331.060
(b) Major modifications shall be subject to the public notice requirements in Fl. Admin. Code R. 62-331.060 However, only the conditions subject to modification shall be re-opened.
(c) Revocation and suspension of permits shall be effective upon the permittee’s receipt of notification from the Agency of such revocation or suspension. Public notice of the revocation or suspension shall be made in accordance with Fl. Admin. Code R. 62-331.060
Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.
Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4146, 373.429 FS. History-New 12-22-20.