(1) The following installations are exempted
from the permit requirements of this chapter. The following exemptions do not
relieve any installation from any other requirements of Chapter 403, F.S., or
rules of the Department. Other installations may be exempted under other
chapters of Title 62.
(a) Structural changes
which will not change the quality, nature or quantity of air and water
contaminant emissions or discharges or which will not cause
pollution.
(b) Any existing or
proposed installation which the Department shall determine does not or will not
cause the issuance of air or water contaminants in sufficient quantity, with
respect to its character, quality or content, and the circumstances surrounding
its location, use and operation, as to contribute significantly to the
pollution problems within the State, so that the regulation thereof is not
reasonably justified. Such a determination is agency action and is subject to
Chapter 120, F.S. Such determination shall be made in writing and filed by the
Department as a public record. Such determination may be revoked if the
installation is substantially modified or the basis for the exemption is
determined to be materially incorrect.
(2) These exemptions do not apply to the
discharge to waters of the state from any article, machine, equipment,
contrivance or their exhaust system, which contains water-borne radioactive
material in concentrations above the natural radioactive background
concentration in the receiving water.
Notes
Fla. Admin. Code Ann. R. 62-4.040
Rulemaking Authority 403.061, 403.805 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.805, 403.813 FS.
Formerly 17-4.03(2), FAC., New 3-4-72, Revised 5-17-72, Amended 8-7-73, 6-10-75; Joint Administrative Procedures Committee Objection filed - See FAW Vol. 1, No. 28, 7-18-75, Amended 10-26-75, 7-8-76; Joint Administrative Procedures Objection withdrawn - See FAW Vol. 3, No. 30, 7-29-77, Amended 7-13-78, 3-1-79, 3-11-81, 7-8-82, 3-31-83, 3-15-84, 12-10-84; Joint Administrative Procedures Committee Objection filed - See FAW Vol. 11, No. 11, 3-15-85, Amended 5-8-85; Amendments effective 6-24-85 - See Ch. 85-334, Laws of Florida; Joint Administrative Procedures Committee Objection withdrawn - See FAW Vol. 11, No. 51, 12-20-85, Formerly 17-4.04, Amended 3-17-86, 8-31-88, Formerly 17-4.040.
New 3-4-72, Formerly 17-4.03(2), Amended 5-17-72, 8-7-73, 6-10-75; Joint Administrative Procedures Committee Objection filed - See FAR Vol. 1, No. 28, 7-18-75, Amended 10-26-75, 7-8-76; Joint Administrative Procedures Objection withdrawn - See FAR Vol. 3, No. 30, 7-29-77, Amended 7-13-78, 3-1-79, 3-11-81, 7-8-82, 3-31-83, 3-15-84, 12-10-84; Joint Administrative Procedures Committee Objection filed - See FAR Vol. 11, No. 11, 3-15-85, Amended 5-8-85; Amendments effective 6-24-85 - See Chapter 85-334, Laws of Florida; Joint Administrative Procedures Committee Objection withdrawn - See FAR Vol. 11, No. 51, 12-20-85, Formerly 17-4.04, Amended 3-17-86, 8-31-88, Formerly 17-4.040.