§ 27-58. License requirements.

(a)

A license shall reference the license application and its supporting drawings and documents, all of which become part of the license.

(b)

A licensee must comply with the following conditions, and all EPGMD licenses shall contain the following general conditions as part of the license:

(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 EPGMD pursuant to this chapter. EPGMD 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 EPGMD.

(3)

In the event the licensee is temporarily unable to comply with any of the conditions of the license or with this chapter, the licensee shall notify EPGMD within eight (8) hours or as stated in the specific section of this chapter. Within three (3) working days of the event, the licensee shall submit a written report to EPGMD 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 with 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 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 this chapter, except where such use is prohibited by section 403.111, Florida Statutes.

(7)

The licensee agrees to comply and shall comply with all provisions of the most current version of this chapter.

(8)

Any new owner or operator of a licensed facility shall apply by letter for a 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 this chapter 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 allow access and shall allow access to the licensed source, activity or facility at times to EPGMD personnel for the purposes of inspection and testing to determine compliance with this license and this chapter.

(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 EPGMD, and any forbearance on behalf of EPGMD 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 EPGMD's rights hereunder.

(c)

In addition to the general conditions set forth above, each license issued by EPGMD shall contain general conditions, specific conditions, and operating requirements to ensure compliance with this chapter. The licensee agrees that general conditions and specific conditions are enforceable by the county for any violation thereof.

(d)

The licensee shall notify EPGMD in the event it moves its facility or changes its licensed operation.

(e)

General and specific license conditions and operating requirements must be complied with at all times the licensed activity occurs even though the license may have expired, been suspended, or been revoked.

(f)

A license shall be issued for a specific period of time not to exceed five (5) years, or as otherwise provided in this chapter, and, in the case of construction activity, specify a completion schedule for the facility licensed and an appropriate period of time to operate and meet the conditions of the license unless otherwise provided.

(Ord. No. 2003-34, § 1, 9-23-03; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09)