The Department of Environmental Protection (Department) is developing procedural rules to implement the Public Notice of Pollution Act (the Act), Section 403.077, F.S., which was passed by the Legislature and signed into law by the Governor in 2017 (...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-4.600Public Notice of Pollution

PURPOSE AND EFFECT: The Department of Environmental Protection (Department) is developing procedural rules to implement the Public Notice of Pollution Act (the Act), Section 403.077, F.S., which was passed by the Legislature and signed into law by the Governor in 2017 (SB 1018 and Chapter 2017-95, Laws of Florida). The Act requires owners and operators of installations to notify the Department of reportable pollution releases within 24 hours of discovery. The Department’s rulemaking will include the adoption of a form and directions on how to electronically submit the notices to the Department.

SUBJECT AREA TO BE ADDRESSED: The Public Notice of Pollution Act, passed in 2017, requires owners and operators of installations to notify the Department of reportable pollution releases within 24 hours of discovery. The Act further requires the Department to post all notices it receives on its website within 24 hours of receipt and to create an electronic mailing list to allow interested persons to receive announcements of any such notices. The Department is developing procedural rules to implement the Act.

RULEMAKING AUTHORITY: 403.077 FS.

LAW IMPLEMENTED: 403.077 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Stephanie Gudeman, 2600 Blair Stone Road MS #3500, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

62-4.600 Public Notice of Pollution

All notices of reportable pollution releases that must be submitted to the Department pursuant to Section 403.077, Florida Statutes, shall be submitted by completing the online form at www.floridadep.gov/pollutionnotice or by completing and sending Form 62-4.600, Notice of Reportable Pollution Release, hereby adopted and incorporated by reference, and available at (hyperlink) or www.floridadep.gov/pollutionnotice, by email to: [e-mail].  Persons interested in receiving announcements of reportable pollution notices can subscribe to a mailing list at www.floridadep.gov/pollutionnotice.

Rulemaking Authority 403.077 FS. Law Implemented 403.077, 403.088 FS. History–New ____.