§ 15-89. Permits required; permitting generally; exceptions from permitting; permit application processing; variances and waivers; exemptions; final agency action for permits; temporary noncompliance.

(a)

Permits required. Any stationary installation which will reasonably be expected to be a source of pollution shall not be operated, maintained, constructed, expanded, or modified without the appropriate and valid permits issued by the county pursuant to this article, unless the source is exempted by county ordinance. The county may issue a permit only after it receives reasonable assurance that the installation will not cause pollution in violation of any of the provisions of this article. A permitted installation may only be operated, maintained, constructed, expanded or modified in a manner that is consistent with the terms of the permit. Additional permits may be required by the local firefighting authority having jurisdiction, as well as other local government, state, and federal agencies.

(b)

Permitting generally. Applications for air pollution source permits required under this article must be submitted to the EPD with appropriate application processing fees made payable to the board of county commissioners. Payment of such fees shall not guarantee issuance of a permit and such fees are nonrefundable. Applications submitted without appropriate permit processing fees or with fees not made payable to the board of county commissioners will be returned with a notice to correct and resubmit. The permit processing time requirements will begin once the EPD properly receives the permit fee.

(c)

Exceptions from permitting. The county shall not administer the following permits or categories of air sources:

(1)

Electrical power plants and waste-to-energy facilities.

(2)

Permits for which local air pollution programs are precluded from taking final agency action under F.S. § 403.0872 (e.g., pulp and paper mills, sugar mills, and chemical manufacturing plants).

(3)

County-owned or operated facilities.

(4)

New source preconstruction review conducted for the prevention of significant deterioration (PSD) of air quality and Non-Attainment Area air construction permits.

(5)

Construction permits subject to processing under "expedited permitting" provisions set forth in Florida Statutes.

(6)

Landfills, as designated by Florida Department of Environmental Protection Guidance, Reedy Creek Improvement District, Walt Disney World, and Stanton Energy Center.

(7)

General permit facilities operating under the authority of an air general permit in accordance with Rule 62-210.310, F.A.C.

(d)

Permit application processing. The EPD shall process permit applications for all Title V and non-Title V sources within the county's jurisdiction, unless exempted from permitting under section 15-89(c). The EPD shall process Title V source permit applications in accordance with section 403.0872, F.S., chs. 62-4, 62-210, 62-212, and 62-213, F.A.C., and articles III and XIV of chapter 15 of this Code, EPD shall process non-Title V source permit applications in accordance with chs. 62-4, 62-210, and 62-212, F.A.C., and articles III and XIV of chapter 15.

(e)

Variances and waivers. The county shall not issue variances and waivers from state permitting requirements adopted by reference in this article.

(f)

Exemptions. The county shall make determinations of exemption pursuant to ch. 62-4, F.A.C.

(g)

Final agency actions for permits. All air permit applications received shall be processed by the EPD in accordance with the appropriate state laws, the SOA, and DEP rules adopted by reference in this article. All final decisions of the county with respect to any air permit issued pursuant to the DEP rules adopted by reference in this article shall be subject to the provisions of ch. 120, F.S., as if these decisions had been made by DEP.

(h)

Temporary noncompliance. In the event the permittee is temporarily unable to comply with any of the conditions of the air pollution permit due to breakdown of equipment or destruction by hazard of fire, wind or by other cause, the permittee is to immediately notify the environmental protection officer or other authorized employee of the EPD. Notification shall include pertinent information as to the cause, and what steps are being taken to correct the problem and prevent its recurrence and the owner's intent toward reconstruction of destroyed facilities where applicable.

(Code 1965, § 24-84; Ord. No. 84-15, § 1(4), 7-16-84; Ord. No. 2007-05 , § 7, 5-22-07; Ord. No. 2012-10 , § 8, 6-5-12; Ord. No. 2018-10 , § 4, 6-5-18)