Florida Regulations 62-4.070: Standards for Issuing or Denying Permits; Issuance; Denial
Current as of: 2024 | Check for updates
|
Other versions
(1) A permit shall be issued to the applicant upon such conditions as the Department may direct, only if the applicant affirmatively provides the Department with reasonable assurance based on plans, test results, installation of pollution control equipment, or other information, that the construction, expansion, modification, operation, or activity of the installation will not discharge, emit, or cause pollution in contravention of Department standards or rules. However, for discharges of wastes to water, the Department may issue temporary operation permits under the criteria set forth in Florida Statutes § 403.088(3)
(2) If, after review of the application and all the information, the Department determines that the applicant has not provided reasonable assurance that the construction, modification, expansion, or operation of the installation will be in accord with applicable laws or rules, including rules of approved local programs, the Department shall deny the permit.
(3) The Department may issue any permit with specific conditions necessary to provide reasonable assurance that Department rules can be met.
(4) No Department permits shall be issued for a term of more than five (5) years unless otherwise specified by statute, rule, or order of the Department. However, construction permits for air pollution sources may be issued for a period of time as necessary.
(5) The Department shall take into consideration a permit applicant’s violation of any Department rules at any installation when determining whether the applicant has provided reasonable assurances that Department standards will be met.
(6) The applicant shall be promptly notified if the Department intends to deny the application, and shall be informed of the reasons for the intended denial, and of the right to request an administrative hearing.
(7) The issuance of a permit does not relieve any person from complying with the requirements of Florida Statutes Chapter 403, or Department rules.
Rulemaking Authority 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History- New 5-17-72, Amended 7-8-82, 2-1-83, 12-3-84, Formerly 17-4.07, Amended 8-31-88, 3-28-91, Formerly 17-4.070.
Terms Used In Florida Regulations 62-4.070
- Statute: A law passed by a legislature.
(3) The Department may issue any permit with specific conditions necessary to provide reasonable assurance that Department rules can be met.
(4) No Department permits shall be issued for a term of more than five (5) years unless otherwise specified by statute, rule, or order of the Department. However, construction permits for air pollution sources may be issued for a period of time as necessary.
(5) The Department shall take into consideration a permit applicant’s violation of any Department rules at any installation when determining whether the applicant has provided reasonable assurances that Department standards will be met.
(6) The applicant shall be promptly notified if the Department intends to deny the application, and shall be informed of the reasons for the intended denial, and of the right to request an administrative hearing.
(7) The issuance of a permit does not relieve any person from complying with the requirements of Florida Statutes Chapter 403, or Department rules.
Rulemaking Authority 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History- New 5-17-72, Amended 7-8-82, 2-1-83, 12-3-84, Formerly 17-4.07, Amended 8-31-88, 3-28-91, Formerly 17-4.070.