The Florida Senate

403.516  Modification of certification.--

(1)  A certification may be modified after issuance in any one of the following ways:

(a)  The board may delegate to the department the authority to modify specific conditions in the certification. The department may modify specific conditions of a site certification which are inconsistent with the terms of any final air pollution operation permit for the certified electrical power plant issued by the United States Environmental Protection Agency under the terms of 42 U.S.C. s. 7661d.

(b)  The department may modify the terms and conditions of the certification if no party to the certification hearing objects in writing to such modification within 45 days after notice by mail to such party's last address of record, and if no other person whose substantial interests will be affected by the modification objects in writing within 30 days after issuance of public notice. If objections are raised, the applicant may file a petition for modification pursuant to paragraph (c).

(c)  A petition for modification may be filed by the applicant or the department setting forth:

1.  The proposed modification,

2.  The factual reasons asserted for the modification, and

3.  The anticipated effects of the proposed modification on the applicant, the public, and the environment.

The petition for modification shall be filed with the department and the Division of Administrative Hearings.

(d)  As required by s. 403.511(5).

(2)  Petitions filed pursuant to paragraph (1)(c) shall be disposed of in the same manner as an application, but with time periods established by the administrative law judge commensurate with the significance of the modification requested.

(3)  Any agreement or modification under this section must be in accordance with the terms of this act. No modification to a certification shall be granted that constitutes a variance from standards or regulations of the department applicable under any federally delegated or approved permit program, except as expressly allowed in such program.

History.--s. 13, ch. 76-76; s. 10, ch. 81-131; s. 30, ch. 86-186; s. 21, ch. 90-331; s. 9, ch. 92-132; s. 143, ch. 96-410.