Florida Regulations 40D-2.341: Revocation and Cancellation of Permits
Current as of: 2024 | Check for updates
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(1) The Governing Board shall permanently or temporarily revoke a permit in whole or in part, at any time after notice and hearing, if it finds that the use is no longer reasonable beneficial or is no longer in the public interest.
(2) In determining whether the use is not reasonable beneficial or in the public interest, the Governing Board shall consider:
(a) Any material false statement in an application to continue, initiate, or modify a use, or any material false statement of fact required of the user pursuant to the provisions of this chapter;
(b) Any willful violation of the material terms or conditions of the permit;
(c) Any violation of any provision of this chapter which the permittee does not resolve;
(d) Nonuse of the water supply allowed by the permit for a period of 2 years or more unless the user can prove that the nonuse was due to extreme hardship caused by factors beyond the permittee’s control; or
(e) Whether the withdrawal causes significant adverse impacts to the water resources, environmental systems, or existing legal users, and the Permittee does not modify the activities or satisfactorily mitigate the impacts.
(3) The District may administratively cancel a permit when the permittee or permittee’s authorized agent requests the permit to be canceled or the permit has been abandoned, except as described in Fl. Admin. Code R. 40D-2.341(2)(d)
Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.171, 373.243 FS. History-New 10-5-74, Formerly 16J-2.15, Amended 10-1-89, 2-1-05, 10-19-05, 5-19-14.
(2) In determining whether the use is not reasonable beneficial or in the public interest, the Governing Board shall consider:
(a) Any material false statement in an application to continue, initiate, or modify a use, or any material false statement of fact required of the user pursuant to the provisions of this chapter;
(b) Any willful violation of the material terms or conditions of the permit;
(c) Any violation of any provision of this chapter which the permittee does not resolve;
(d) Nonuse of the water supply allowed by the permit for a period of 2 years or more unless the user can prove that the nonuse was due to extreme hardship caused by factors beyond the permittee’s control; or
(e) Whether the withdrawal causes significant adverse impacts to the water resources, environmental systems, or existing legal users, and the Permittee does not modify the activities or satisfactorily mitigate the impacts.
(3) The District may administratively cancel a permit when the permittee or permittee’s authorized agent requests the permit to be canceled or the permit has been abandoned, except as described in Fl. Admin. Code R. 40D-2.341(2)(d)
Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.171, 373.243 FS. History-New 10-5-74, Formerly 16J-2.15, Amended 10-1-89, 2-1-05, 10-19-05, 5-19-14.