40C-1.1009. Emergency Authorization for Activities Regulated Under Part IV of Chapter 373, F.S

(1) Permission to begin construction, alteration, operation, maintenance, abandonment, or removal of any system requiring a permit under Chapter 40C-44 or 62-330, F.A.C., prior to the issuance of a permit may be applied for, in writing, when emergency conditions can be alleviated by such construction, alteration, operation, maintenance, abandonment, or removal of the system. Emergency conditions are defined as conditions which pose a present or imminent danger and require immediate action to protect: public health, safety or welfare; the health of animals, fish or aquatic life; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Unless otherwise provided in the emergency authorization, the issuance of an emergency authorization shall not obviate the need for a permit. If a permit is not obtained within a period of one year following execution of the emergency authorization, then such system shall be returned to the condition that existed prior to execution of the emergency authorization. The one year time limit shall be tolled during any challenge or appeal of the permit which delays the issuance of the permit or stays the effect of the permit.

(2) The Governing Board authorizes the Executive Director to issue emergency authorizations. An emergency authorization issued by the Executive Director shall be presented to the Board for concurrence at its next meeting. The failure to receive the Board’s concurrence shall invalidate the emergency authorization.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.418 FS. Law Implemented 120.54(5), 373.119, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.439 FS. History–New 12-7-83, Formerly 40C-4.451, 40C-4.0451, Amended 8-4-98, 10-11-01, 10-1-13.