Pollution Prevention & Remediation Division

What General Conditions Will the License Contain?

The following general conditions are found on all Hazardous Material Wellfield Licenses and all Hazardous Material Facility Licenses.

GENERAL CONDITIONS

1. The terms, conditions, requirements, limitations and restrictions set forth herein are accepted by the licensee and must be completed by the Licensee and are enforceable by the Environmental Protection Department (EPD) pursuant to the Code. EPD will review this license periodically and may revoke or suspend the license, and initiate administrative and/or judicial action for any violation of the conditions by the Licensee, its agents, employees, servants or representatives.

2. This license is valid only for the specific uses set forth in the license application and any deviation from the approved uses may constitute grounds for revocation, suspension and/or enforcement action by EPD.

3. In the event the Licensee is temporarily unable to comply with any of the conditions of the license or with the Code, the Licensee shall notify EPD within eight (8) hours or as stated in the specific section of the Code. Within three (3) working days of the event, the Licensee shall submit a written report to EPD that describes the incident, its cause, the measures being taken to correct the problem and prevent its reoccurrence, the owner's intention regarding the repair, replacement and reconstruction of destroyed facilities and a schedule of events leading toward operation within the license condition.

4. The issuance of this license does not convey any vested rights or exclusive privileges, nor does it authorize any injury to the public or private property or any invasion of personal rights, or any violation of federal, state or local laws or regulations.

5. This license must be available for inspection on the Licensee's premises during the entire life of the license.

6. By accepting this license, the Licensee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this licensed facility or activity, that are submitted to the County, may be used by the County as evidence in any enforcement proceeding arising under the Code, except where such use is prohibited by Section 403.111, Florida Statues.

7. The Licensee agrees to comply and shall comply with all provisions of the most current version of the Code.

8. Any new owner or operator of a licensed facility shall apply by letter for transfer of license within thirty (30) days after sale or legal transfer. The Transferor shall remain liable for performance in accordance with the license until the Transferee applies for and is granted a transfer of license. The Transferee shall be liable for any violation of the Code that results from the Transferee's activities. The Transferee shall comply with the Transferor's original license conditions when the Transferee has failed to obtain its own license.

9. The Licensee, by acceptance of this license, specifically agrees to and shall allow EPD personnel access to the licensed source, activity or facility for the purposes of inspection and testing to determine compliance with this license and the Code.

10. This license does not constitute a waiver or approval of any other license, approval, or regulatory requirement by this or any other governmental agency that may be required.

11. Enforcement of the terms and provisions of this license shall be at the reasonable discretion of EPD, and any forbearance on behalf of EPD to exercise its rights hereunder in the event of any breach by the licensee, shall not be deemed or construed to be a waiver of EPD's rights hereunder.

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