Fla. Admin. Code Ann. R. 62-4.080 - Modification of Permit Conditions
(1) For
good cause and after notice and an administrative hearing, if requested, the
Department may require the permittee to conform to new or additional
conditions. The Department shall allow the permittee a reasonable time to
conform to the new or additional conditions and on application of the permittee
the Department may grant additional time.
For the purpose of this section, good cause shall include, but not be limited to, any of the following:
(a) A showing that an improvement in effluent
or emission quality or quantity can be accomplished because of technological
advances without unreasonable hardship.
(b) A showing that a higher degree of
treatment is necessary to effect the intent and purpose of Chapter 403,
F.S.
(c) A showing of any change in
the environment or surrounding conditions that requires a modification to
conform to applicable air or water quality standards.
(d) For discharges into State waters, a
showing that new or changed classification of the water requires a modification
of the discharge.
(e) Adoption or
revision of Florida Statutes, rules, or standards which require the
modification of a permit condition for compliance.
(2) A permittee may request a modification of
a permit by applying to the Department.
(3) A permittee may request that a permit be
extended as a modification of the permit. Such a request must be submitted to
the Department in writing before the expiration of the permit. Upon timely
submittal of a request for extension, unless the permit automatically expires
by statute or rule, the permit will remain in effect until final agency action
is taken on the request. For construction permits, an extension shall be
granted if the applicant can demonstrate reasonable assurances that, upon
completion, the extended permit will comply with the standards and conditions
required by applicable regulation. For all other permits, an extension shall be
granted if the applicant can demonstrate reasonable assurances that the
extended permit will comply with the standards and conditions applicable to the
original permit. A permit for which the permit application fee was prorated in
accordance with paragraph
62-4.050(4)(l),
F.A.C., shall not be extended. In no event shall a permit be extended or remain
in effect longer than the time limits established by statute or rule.
Notes
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