62-330.360. Emergency Authorizations and Actions

When the Agency has determined that immediate action is necessary to abate an emergency condition, the Agency shall use one of the following measures below to authorize the work. “Emergency conditions” are defined as those that pose an imminent or existing serious threat or danger and require immediate action to protect the public health, safety or welfare, or the water resources of the Agency, including the health of aquatic and wetland-dependent species; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Carelessness or the lack of planning on the part of an applicant for an emergency authorization shall not be sufficient grounds to warrant the granting of an emergency authorization.

(1) Issuance of an emergency order under section 373.119(2), F.S. The order shall recite the factual basis for it in accordance with section 120.569(2)(n), F.S., and include all conditions (including a limitation on the duration of the emergency authorization) required to ensure that the activity authorized or directed does not exceed that necessary to abate the threat. When the activity conducted under the order has an operational or maintenance aspect that continues beyond the emergency, any permits required under this chapter shall be applied for as soon as practicable.

(2) Authorization of construction to begin when the Agency has already received an application for a permit under this chapter, and the applicant has submitted a written request for the work to commence prior to issuance of the permit, together with documentation of the emergency conditions that exist. However, if required upon issuance of the permit, the work initiated shall be modified as necessary to comply with the terms and conditions of the permit.

(3) Issuance of an emergency field authorization when an application is not currently under consideration by the Agency. The entity requesting the emergency field authorization shall complete an “Emergency Field Authorization” Form 62-330.360(1), (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09388), which is incorporated by reference herein. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. The activity authorized by the emergency field authorization may commence upon approval by the Agency’s field representative. The recipient of an emergency field authorization is responsible for compliance with all the terms and conditions of the authorization. Within 90 days of issuance of an emergency field authorization, the recipient shall either restore the site to the conditions existing before the emergency, or apply for an application to perform the work in accordance with the requirements for obtaining verification of an exemption or permit, as applicable, under this chapter.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 120.569(2), 373.026(7), 373.119, 373.413, 373.4131, 373.4145, 373.416, 373.418, 373.426, 373.439 FS. History‒New 10-1-13, Amended 6-1-18.