Fla. Admin. Code Ann. R. 62-4.070 - Standards for Issuing or Denying Permits; Issuance; Denial
(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 Section
403.088(3),
F.S.
(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
Chapter 403, F.S., or Department rules.
Notes
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.
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.
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