Fla. Admin. Code Ann. R. 62-4.540 - General Conditions for All General Permits
(1) The terms, conditions, requirements,
limitations, and restrictions set forth in this Part are "general permit
conditions" and are binding upon the permittee. The conditions are enforceable
under Chapter 403, F.S.
(2) The
general permit is valid only for the specific activity indicated. Any deviation
from the specified activity and the conditions for undertaking that activity
shall constitute a violation of the permit. The permittee is placed on notice
that violation of the permit may result in suspension or revocation of the
permittee's use of the general permit and may cause the Department to begin
legal proceedings.
(3) The general
permit does not convey any vested rights or any exclusive privileges. It does
not authorize any injury to public or private property nor any invasion of
personal rights. It does not authorize any infringement of federal, state or
local laws or regulations. It does not eliminate the necessity for obtaining
any other federal, state or local permits that may be required, or allow the
permittee to violate any more stringent standards established by federal or
local law.
(4) The general permit
does not relieve the permittee from liability and penalties when the
construction or operation of the permitted activity causes harm or injury to
human health or welfare; causes harm or injury to animal, plant or aquatic
life; or causes harm or injury to property. It does not allow the permittee to
cause pollution in contravention of Florida Statutes and Department
rules.
(5) The general permit
conveys no title to land or water, nor does it constitute State recognition or
acknowledgment of title. It does not constitute authority for reclamation of
submerged lands. Only the Board of Trustees of the Internal Improvement Trust
Fund may express State opinion as to title.
(6) No general permit shall authorize the use
of state owned land without the prior consent of the Board of Trustees of the
Internal Improvement Trust Fund pursuant to Section
253.77, F.S.
(7) The general permit may be modified,
suspended or revoked in accordance with Chapter 120, F.S., if the Secretary
determines that there has been a violation of any of the terms or conditions of
the permit, there has been a violation of state water quality standards or
state air quality standards, or the permittee has submitted false, incomplete
or inaccurate data or information.
(8) The general permit shall not be
transferred to a third party except pursuant to Rule
62-4.120, F.A.C.
(9) The general permit authorizes
construction and, where applicable, operation of the permitted
facility.
(10) The permittee agrees
in using the general permit to make every reasonable effort to conduct the
specific activity or construction authorized by the general permit in a manner
that will minimize any adverse effects on the adjacent property or on public
use of the adjacent property, where applicable, and on the environment,
including fish, wildlife, natural resources of the area, water quality or air
quality.
(11) The permittee agrees
in using the general permit to allow a duly authorized representative of the
Department access to the permitted facility or activity at reasonable times to
inspect and test upon presentation of credentials or other documents as may be
required by law to determine compliance with the permit and the department
rules.
(12) The permittee agrees to
maintain any permitted facility, or activity in good condition and in
accordance with the plans submitted to the department under subsection
62-4.530(1),
F.A.C.
(13) A permittee's use of a
general permit is limited to five years. However, the permittee may request
continued use of the general permit by notifying the department pursuant to
subsection 62-4.530(1),
F.A.C. However, the permittee shall give notice of continued use of a general
permit thirty days before it expires.
Notes
Rulemaking Authority 403.814(1) FS. Law Implemented 253.123, 253.124, 403.061, 403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS.
New 7-8-82, Formerly 17-4.54, Amended 8-31-88, Formerly 17-4.540.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The terms, conditions, requirements, limitations, and restrictions set forth in this Part are "general permit conditions" and are binding upon the permittee. The conditions are enforceable under Chapter 403, F.S.
(2) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. The permittee is placed on notice that violation of the permit may result in suspension or revocation of the permittee's use of the general permit and may cause the Department to begin legal proceedings.
(3) The general permit does not convey any vested rights or any exclusive privileges. It does not authorize any injury to public or private property nor any invasion of personal rights. It does not authorize any infringement of federal, state or local laws or regulations. It does not eliminate the necessity for obtaining any other federal, state or local permits that may be required, or allow the permittee to violate any more stringent standards established by federal or local law.
(4) The general permit does not relieve the permittee from liability and penalties when the construction or operation of the permitted activity causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules.
(5) The general permit conveys no title to land or water, nor does it constitute State recognition or acknowledgment of title. It does not constitute authority for reclamation of submerged lands. Only the Board of Trustees of the Internal Improvement Trust Fund may express State opinion as to title.
(6) No general permit shall authorize the use of state owned land without the prior consent of the Board of Trustees of the Internal Improvement Trust Fund pursuant to Section 253.77, F.S.
(7) The general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or state air quality standards, or the permittee has submitted false, incomplete or inaccurate data or information.
(8) The general permit shall not be transferred to a third party except pursuant to Rule 62-4.120, F.A.C.
(9) The general permit authorizes construction and, where applicable, operation of the permitted facility.
(10) The permittee agrees in using the general permit to make every reasonable effort to conduct the specific activity or construction authorized by the general permit in a manner that will minimize any adverse effects on the adjacent property or on public use of the adjacent property, where applicable, and on the environment, including fish, wildlife, natural resources of the area, water quality or air quality.
(11) The permittee agrees in using the general permit to allow a duly authorized representative of the Department access to the permitted facility or activity at reasonable times to inspect and test upon presentation of credentials or other documents as may be required by law to determine compliance with the permit and the department rules.
(12) The permittee agrees to maintain any permitted facility, or activity in good condition and in accordance with the plans submitted to the department under subsection 62-4.530(1), F.A.C.
(13) A permittee's use of a general permit is limited to five years. However, the permittee may request continued use of the general permit by notifying the department pursuant to subsection 62-4.530(1), F.A.C. However, the permittee shall give notice of continued use of a general permit thirty days before it expires.
Notes
Rulemaking Authority 403.814(1) FS. Law Implemented 253.123, 253.124, 403.061, 403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS.
New 7-8-82, Formerly 17-4.54, Amended 8-31-88, Formerly 17-4.540.