1(1) 2A certification may be modified after issuance in any one of the following ways:
16(a) 17The board may delegate to the department the authority to modify specific conditions in the certification.
33(b)1. 34The department may modify specific conditions of a certification which are inconsistent with the terms of any federally delegated or approved permit for the certified electrical power plant.
622. 63Such modification may be made without further notice if the matter has been previously noticed under the requirements for any federally delegated or approved permit program.
89(c) 90The licensee may file a petition for modification with the department, or the department may initiate the modification upon its own initiative.
1121. 113A petition for modification must set forth:
120a. 121The proposed modification.
124b. 125The factual reasons asserted for the modification.
132c. 133The anticipated environmental effects of the proposed modification.
1412. 142The 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.
2053. 206If objections are raised or the department denies the request, the applicant or department may file a request for a hearing on the modification with the department. Such request shall be handled pursuant to chapter 120.
2424. 243Requests referred to the Division of Administrative Hearings 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.
287(2) 288Any 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; s. 38, ch. 2006-230; s. 81, ch. 2008-227.
