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Florida Administrative Code (Last Updated: October 28, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-331. State 404 Program |
1(1) This general permit authorizes:
6(a) Activities conducted in response to a spill or release of oil or hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (3540 CFR Part 300 39as of July 1, 2019, incorporated by reference herein (49https://flrules.org/Gateway/reference.asp?No=Ref-1204351)), including containment, cleanup, and mitigation efforts, provided that the activities are done under either:
661. The Spill Control and Countermeasure Plan required by 7540 CFR §112.3 78as of July 1, 2019, incorporated by reference herein (88https://flrules.org/Gateway/reference.asp?No=Ref-1204490));
912. The direction or oversight of the federal on-scene coordinator designated by 10340 CFR Part 300; 107or
1083. Any approved existing state, regional or local contingency plan provided that the Regional Response Team (if one exists in the area) concurs with the proposed response efforts.
136(b) Activities required for the cleanup of oil releases in state-assumed waters from electrical equipment that are governed by EPA’s polychlorinated biphenyl spill response regulations at 16240 CFR Part 761 166as of July 1, 2019, incorporated by reference herein (176https://flrules.org/Gateway/reference.asp?No=Ref-12045178)).
179(c) The use of temporary structures and fills in state-assumed waters for spill response training exercises.
195(2) Use of this general permit is subject to the following conditions:
207(a) Activities shall be conducted in conformance with the National Response Team Integrated Contingency Plan Guidance (June 5, 1996), incorporated by reference herein (231https://flrules.org/Gateway/reference.asp?No=Ref-12046233);
234(b) Activities shall be conducted in conformance with any applicable emergency order for oil spill or hazardous waste control, clean-up, and recovery/restoration issued by the Department.
260Editor notes: 262The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §289373.4146, F.S.
291Rulemaking Authority 293373.026(7), 294373.043, 295373.118(1), 296373.4131, 297373.414(9), 298373.4145, 299373.4146(2), 300403.805(1) FS. 302Law Implemented 304373.118, 305373.129, 306373.136, 307373.413, 308373.4131, 309373.414, 310373.4145, 311373.4146, 312373.416, 313373.422, 314373.423, 315373.429 FS. 317History–New 12-22-20.
