Fla. Admin. Code Ann. R. 62-4.160 - Permit Conditions
All permits issued by the Department shall include the following general conditions:
(1) The
terms, conditions, requirements, limitations and restrictions set forth in this
permit, are "permit conditions" and are binding and enforceable pursuant to
Sections 403.141,
403.727, or
403.859 through
403.861, F.S. The permittee is
placed on notice that the Department will review this permit periodically and
may initiate enforcement action for any violation of these
conditions.
(2) This permit is
valid only for the specific processes and operations applied for and indicated
in the approved drawings or exhibits. Any unauthorized deviation from the
approved drawings, exhibits, specifications, or conditions of this permit may
constitute grounds for revocation and enforcement action by the
Department.
(3) As provided in
Sections 403.087(6) and
403.722(5),
F.S., the issuance of this permit does not convey any vested rights or any
exclusive privileges. Neither does it authorize any injury to public or private
property or any invasion of personal rights, nor any infringement of federal,
state, or local laws or regulations. This permit is not a waiver of or approval
of any other department permit that may be required for other aspects of the
total project which are not addressed in this permit.
(4) This permit conveys no title to land or
water, does not constitute State recognition or acknowledgment of title, and
not constitute authority for the use of submerged lands unless herein provided
and the necessary title or leasehold interests have been obtained from the
State. Only the Trustees of the Internal Improvement Trust Fund may express
State opinion as to title.
(5) This
permit does not relieve the permittee from liability for harm or injury to
human health or welfare, animal, or plant life, or property caused by the
construction or operation of this permitted source, or from penalties
therefore; nor does it allow the permittee to cause pollution in contravention
of Florida Statutes and Department rules, unless specifically authorized by an
order from the Department.
(6) The
permittee shall properly operate and maintain the facility and systems of
treatment and control (and related appurtenances) that are installed and used
by the permittee to achieve compliance with the conditions of this permit, as
required by Department rules. This provision includes the operation of backup
or auxiliary facilities or similar systems when necessary to achieve compliance
with the conditions of the permit and when required by Department
rules.
(7) The permittee, by
accepting this permit, specifically agrees to allow authorized Department
personnel, upon presentation of credentials or other documents as may be
required by law and at reasonable times, access to the premises where the
permitted activity is located or conducted to:
(a) Have access to and copy any records that
must be kept under conditions of the permit;
(b) Inspect the facility, equipment,
practices, or operations regulated or required under this permit; and,
(c) Sample or monitor any
substances or parameters at any location reasonably necessary to assure
compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
(8)
If, for any reason, the permittee does not comply with or will be unable to
comply with any condition or limitation specified in this permit, the permittee
shall immediately provide the Department with the following information:
(a) A description of and cause of
noncompliance; and,
(b) The period
of noncompliance, including dates and times; or, if not corrected, the
anticipated time the noncompliance is expected to continue, and steps being
taken to reduce, eliminate, and prevent recurrence of the noncompliance. The
permittee shall be responsible for any and all damages which may result and may
be subject to enforcement action by the Department for penalties or for
revocation of this permit.
(9) In accepting this permit, the permittee
understands and agrees that all records, notes, monitoring data and other
information relating to the construction or operation of this permitted source
which are submitted to the Department may be used by the Department as evidence
in any enforcement case involving the permitted source arising under the
Florida Statutes or Department rules, except where such use is prescribed by
Sections 403.111 and
403.73, F.S. Such evidence shall
only be used to the extent it is consistent with the Florida Rules of Civil
Procedure and appropriate evidentiary rules.
(10) The permittee agrees to comply with
changes in Department rules and Florida Statutes after a reasonable time for
compliance; provided, however, the permittee does not waive any other rights
granted by Florida Statutes or Department rules. A reasonable time for
compliance with a new or amended surface water quality standard, other than
those standards addressed in Rule
62-302.500, F.A.C., shall
include a reasonable time to obtain or be denied a mixing zone for the new or
amended standard.
(11) This permit
is transferable only upon Department approval in accordance with Rules
62-4.120 and 62-730.300, F.A.C.,
as applicable. The permittee shall be liable for any non-compliance of the
permitted activity until the transfer is approved by the Department.
(12) This permit or a copy thereof shall be
kept at the work site of the permitted activity.
(13) This permit also constitutes:
(a) Determination of Best Available Control
Technology (BACT)
(b) Determination
of Prevention of Significant Deterioration (PSD)
(c) Certification of compliance with State
Water Quality Standards (Section 401, PL 92-500)
(d) Compliance with New Source Performance
Standards
(14) The
permittee shall comply with the following:
(a)
Upon request, the permittee shall furnish all records and plans required under
Department rules. During enforcement actions, the retention period for all
records will be extended automatically unless otherwise stipulated by the
Department.
(b) The permittee shall
hold at the facility or other location designated by this permit records of all
monitoring information (including all calibration and maintenance records and
all original strip chart recordings for continuous monitoring instrumentation)
required by the permit, copies of all reports required by this permit, and
records of all data used to complete the application for this permit. These
materials shall be retained at least three years from the date of the sample,
measurement, report, or application unless otherwise specified by Department
rule.
(c) Records of monitoring
information shall include:
1. The date, exact
place, and time of sampling or measurements,
2. The person responsible for performing the
sampling or measurements,
3. The
dates analyses were performed,
4.
The person responsible for performing the analyses,
5. The analytical techniques or methods used,
6. The results of such
analyses.
(15)
When requested by the Department, the permittee shall within a reasonable time
furnish any information required by law which is needed to determine compliance
with the permit. If the permittee becomes aware the relevant facts were not
submitted or were incorrect in the permit application or in any report to the
Department, such facts or information shall be corrected promptly.
(16) In the case of an underground injection
control permit, the following permit conditions also shall apply:
(a) All reports or information required by
the Department shall be certified as being true, accurate and
complete.
(b) Reports of compliance
or noncompliance with, or any progress reports on, requirements contained in
any compliance schedule of this permit shall be submitted no later than 14 days
following each schedule date.
(c)
Notification of any noncompliance which may endanger health or the environment
shall be reported verbally to the Department within 24 hours and again within
72 hours, and a final written report provided within two weeks.
1. The verbal reports shall contain any
monitoring or other information which indicate that any contaminant may
endanger an underground source of drinking water and any noncompliance with a
permit condition or malfunction of the injection system which may cause fluid
migration into or between underground sources of drinking water.
2. The written submission shall contain a
description of and a discussion of the cause of the noncompliance and, if it
has not been corrected, the anticipated time the noncompliance is expected to
continue, the steps being taken to reduce, eliminate, and prevent recurrence of
the noncompliance, and all information required by paragraph
62-528.415(4)(b),
F.A.C.
(d) The Department
shall be notified at least 180 days before conversion or abandonment of an
injection well, unless abandonment within a lesser period of time is necessary
to protect waters of the State.
(17) The following conditions also shall
apply to a hazardous waste facility permit.
(a) The following reports shall be submitted
to the Department:
1. Manifest discrepancy
report. If a significant discrepancy in a manifest is discovered, the permittee
shall attempt to rectify the discrepancy. If not resolved within 15 days after
the waste is received, the permittee shall immediately submit a letter report,
including a copy of the manifest, to the Department.
2. Unmanifested waste report. The permittee
shall submit an unmanifested waste report to the Department within 15 days of
receipt of unmanifested waste.
3.
Biennial report. A biennial report covering facility activities during the
previous calendar year shall be submitted by March 1 of each even numbered year
pursuant to Chapter 62-730, F.A.C.
(b) Notification of any noncompliance which
may endanger health or the environment, including the release of any hazardous
waste that may endanger public drinking water supplies or the occurrence of a
fire or explosion from the facility which could threaten the environment or
human health outside the facility, shall be reported verbally to the Department
within 24 hours, and a written report shall be provided within 5 days. The
verbal report shall include the name, address, I.D. number, and telephone
number of the facility, its owner or operator, the name and quantity of
materials involved, the extent of any injuries, an assessment of actual or
potential hazards, and the estimated quantity and disposition of recovered
material. The written submission shall contain:
1. A description and cause of the
noncompliance.
2. If not corrected,
the expected time of correction, and the steps being taken to reduce,
eliminate, and prevent recurrence of the noncompliance.
(c) Reports of compliance or noncompliance
with, or any progress reports on, requirements in any compliance schedule shall
be submitted no later than 14 days after each schedule date.
(d) All reports or information required by
the department by a hazardous waste permittee shall be signed by a person
authorized to sign a permit application.
Notes
Rulemaking Authority 403.061, 403.087, 403.088 FS. Law Implemented 403.061, 403.087, 403.088 FS.
New 8-31-88, Amended 10-4-89, 7-11-93, Formerly 17-4.160.
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