DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.:RULE TITLE:
62-4.161Public Notice of Pollution
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 189, September 28, 2016 issue of the Florida Administrative Register.
Substantial rewording of proposed Rule 62-4.161 follows. See the Notice of Proposed Rule for 62-4.161 published on September 28, 2016, in Vol. 42 No.189, of the Florida Administrative Register for the rule text as originally proposed.
62-4.161 Public Notice of Pollution
(1) Intent. This rule is intended to prevent harm to human health, welfare, or property by assisting the control of pollution. Reportable releases as defined herein are required to be reported to the Department, the general public, local government, and effected property owners. Making these parties aware of the releases in the timeframes provided by this rule, will position them to take action to protect human health, welfare, or property.
(2) Definitions. “Reportable releases” could pose an immediate danger to public health, safety and welfare and, as used in this rule, mean the release of any substance to the outdoor air, land, or waters of the state at an installation (within the meaning of section 403.031(4), F.S.) that is not authorized by law and which is discovered by the owner or operator of the installation, or the owner or operator’s employee, agent or contractor, after [effective date of the rule] and:
(a) is reportable to the State Watch Office (also known as the State Warning Point) under Department requirements such as those contained in rules, permits, orders, and variances;
(b) is reportable to the Department or its contracted county under subsections 62-761.450(3) and 62-762.451(3), F.A.C.;
(c) is reportable to the Department under paragraph 62-528.307(1)(x), F.A.C.;
(d) is a hazardous substance (within the meaning of section 376.301(21), F.S.) at or above the quantity established in Table 302.4 of 40 CFR 302.4, July 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-07610 and available at www.dep.state.fl.us/pollutionnotice, which is hereby incorporated by reference, for such substance; or
(e) is an extremely hazardous substance (within the meaning of 40 CFR 355.61 http://www.flrules.org/Gateway/reference.asp?No=Ref-07611) at or above the quantity established in Appendices A and B of 40 CFR 355, July 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-07612 and available at www.dep.state.fl.us/pollutionnotice, which are hereby incorporated by reference, for such substance.
(3) Notification. In the event of a reportable release, any persons (within the meaning of section 403.031(5), F.S.) who are owners or operators of the installation at which the reportable release occurred, must:
(a) Within 24 hours of a reportable release or discovery of a reportable release, notify the following persons in accordance with the notice criteria in subparagraph (4)(a)1.:
1. the Department;
2. the general public via notice to at least one broadcast television affiliate that serves the area where the installation is located and a newspaper of general circulation as described in section 50.011, F.S.; and
3. local government as follows:
a. if the installation is in an incorporated municipality:
i. the mayor, the chair of the city commission, or the comparable senior elected official representing the municipality in which the installation is located, and
ii. the city manager or comparable senior official of the municipality in which the installation is located; or,
b. if the installation is not in an incorporated municipality:
i. the chair of the county commission or comparable senior elected official representing the county in which the installation is located, and
ii. the county administrator or comparable senior official of the county in which the installation is located.
(b) Within 48 hours of a reportable release or discovery of a reportable release, notify the persons listed in paragraph (3)(a) in accordance with the notice criteria in subparagraph (4)(a)2.
(c) Within 24 hours of becoming aware that a substance released during a reportable release is present at any level or quantity in the land, outdoor air, or waters of the state located outside of the property boundaries of the installation, notify the owners of the lands at which the substance is present and the Department and local government, as provided in subparagraph (3)(a)3., in accordance with the notice criteria in subsection (4).
(4) Notice Criteria.
(a) Content.
1. The notification required under paragraph (3)(a) must include the following to the extent known at the time of the notice:
a. name and address of the installation at which the reportable release occurred;
b. name and title of the reporting person and the nature of their relationship to the installation (e.g., owner or operator);
c. identification number for any active Department permits, variances, registrations, or orders that are relevant to the reportable release;
d. name and telephone number of the person to be contacted for further information;
e. substance released;
f. estimated quantity of the substance released and quantity that has since been recovered;
g. cause or source of the release;
h. location of the release;
i. date, time, and duration of the release;
j. medium into which the substance was released; and,
k. any other persons notified, under this rule, of the reportable release.
2. The notification required under paragraph (3)(b) must include the following to the extent known at the time of the notice:
a. whether the released substance is migrating or has migrated to land, outdoor air, or waters of the state outside the property boundaries of the installation;
b. locations where the released substance has migrated to; and
c. to the extent available, toxicological information and recommended precautions (e.g., evacuation, abstaining from swimming, and abstaining from drinking groundwater) associated with the release as specified on a material safety data sheet or comparable source published by the United States Department of Labor, Occupational Safety and Health Administration or Centers for Disease Control and Prevention.
3. The notification required under paragraph (3)(c) must include the information required under subparagraphs (4)(a)1. and (4)(a)2.
4. Other information that the reporting party wishes to include to assist in the protection of human health, welfare, or property is permissible and encouraged.
(b) Method.
1. Notices required to be submitted to the Department must be submitted electronically at www.dep.state.fl.us/pollutionnotice.
2. Notices required to be submitted to local governments, broadcast television affiliates, and newspapers of general circulation must be submitted via electronic or hand delivery.
3. Notices required to be submitted to property owners must be submitted via mail, electronic delivery, or hand delivery unless the substance is present in surface waters of the state or in the outdoor air, in which case the notice must be submitted to the general public in accordance with subparagraphs (3)(a)2. and (4)(b)2.
4. Notices submitted to a newspaper of general circulation may be, but are not required to be, published in the notice section of the newspaper.
5. If notices are sent via electronic delivery, a single email to multiple parties is acceptable. Each party is not required to be separately notified.
(5) Failure to provide the notification required by this rule shall be considered a violation of Department rule and subject to the imposition of penalties pursuant to section 403.161, F.S. Where multiple parties are subject to the notification requirements based on a single reportable release, there need not be multiple notifications. A single notification made by one party in accordance with this rule shall constitute compliance on behalf of all parties that are subject to the requirement. However, where notification is not made in accordance with this rule, the Department may pursue enforcement against all parties subject to the requirement.
Rulemaking Authority 377.22(2), 403.061(7), 403.061(8), 403.061(28), 403.062, 403.855(1), 403.861(9) FS. Law Implemented 377.21, 403.061(16), 403.061(17), 403.061(18), 403.061(28), 403.062, 403.855(3), 403.861(9) FS. History-New XX-XX-XXXX.
