Section 40E-1.603 - Application Procedures for Processing Permit Applications or Notices of Intent(1) Application procedures for environmental resource permits are set forth in Chapter 62-330, F.A.C. The following procedures for processing permit applications or notices of intent apply in addition to the requirements of Section 120.60, F.S. and Chapter 28-106, F.A.C. (a) Within 30 days of receipt of an application or notice of intent, the District shall review the application to determine whether all information needed to evaluate the application has been submitted. The District shall notify the applicant of the date on which the application is declared complete.(b) If the District determines that the application is incomplete, the District shall request the information needed to complete the application within 30 days of its receipt. The applicant shall have 90 days from receipt of a timely request for additional information to submit that information to the District.(c) The District may request information needed to clarify any additional information submitted by the applicant, or to answer new questions raised by or related to the additional information within 30 days of its receipt. The applicant shall have 30 days from receipt of such a request in which to provide the necessary information. If the application is still incomplete after such information is submitted, the District shall notify the applicant within 30 days. The applicant shall have an additional 30 days to complete the application.(d) Failure of an applicant to provide the timely requested information within these timeframes shall be considered grounds for denial of the application. Denial of an application for lack of completeness is without prejudice to the applicant's right to file a new application on the same subject matter. The District shall grant an extension upon a showing of a good faith effort by the applicant to comply with the timelines set forth herein. Unless an extension of time has been granted by the District, any application which remains incomplete 240 days after the original submittal date of an individual permit application or 90 days after the original submittal date of a notice of intent for general permit, shall be denied without prejudice.(e) If the applicant submits information, either in response to or independent of a request by the District, which incorporates or results in a substantial modification in the proposed activity for which the applicant seeks a permit, the application will be considered an amended application. For purposes of this subsection, the term "substantial modification" shall mean a modification reasonably expected to result in water resource or environmental impacts which differ from those expected from the original application and require detailed review. Review timelines of the permit application or notice of intent will be reinitiated under this section.(2) Upon a determination by the District that the activity requested in the notice of intent for any general permit requires an individual permit, the notice of intent shall be processed as an application for an individual permit, unless the permit applicant withdraws the application. If the application is processed as an individual permit, the permit applicant will be required to submit payment equal to the difference between the applicable fee for the individual permit and the fee previously submitted.(3)(a) Agency action on all other individual permits and standard permits shall occur within 90 days of receipt of a complete application, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.(b) An authorization to proceed for noticed general water use permits in Chapter 40E-2, F.A.C., shall occur within 30 days of receipt of a complete notice of intent, unless a notice that the project does not qualify for the noticed general water use permit is sent by regular United States mail or electronic mail by the District within 30 days. If notice that the proposed project does not qualify for a noticed general water use permit is sent to the applicant, the review process under subsection (1) shall be initiated or the applicant shall be required to apply for the appropriate permit.Fla. Admin. Code Ann. R. 40E-1.603
Rulemaking Authority 373.044, 373.113, 373.171, 373.4131 FS. Law Implemented 120.60, 373.085, 373.107, 373.109, 373.116, 373.118, 373.229, 373.309, 373.323, 373.4131, 373.4141, 373.417, 373.421, 373.422 FS.
New 9-3-81, Formerly 16K-1.08(1) -(8), Amended 7-1-86, 7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1-96, 7-2-98, 6-12-00, 10-1-06, Amended 12-1-11, 10-23-12, 10-1-13, Amended by Florida Register Volume 40, Number 127, July 1, 2014 effective 7/14/2014.New 9-3-81, Formerly 16K-1.08(1)-(8), Amended 7-1-86, 7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1-96, 7-2-98, 6-12-00, 10-1-06, 12-1-11, 10-23-12, 10-1-13, 7-14-14.