The purpose of this amendment is to make the appropriate changes to the Chapter 62N-16, F.A.C. Pursuant to Section 120.55(1)(a)4., F.S., the Form: Application for Approval as a Discharge Cleanup Organization will be incorporated into subsection 62N-...

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Law Enforcement

Rule No.: RULE TITLE
62N-16.012: Discharge Cleanup Organization; Approval
62N-16.027: Form: Request for Reimbursement for Damage
62N-16.033: Terminal Facility Discharge Contingency Plan
PURPOSE AND EFFECT: The purpose of this amendment is to make the appropriate changes to the Chapter 62N-16, F.A.C. Pursuant to Section 120.55(1)(a)4., F.S., the Form: Application for Approval as a Discharge Cleanup Organization will be incorporated into subsection 62N-16.012(1), F.A.C., and the reference to Rule 62N-16.026, F.A.C., will be removed since this rule has been repealed. Also the reference to Section 376.06, F.S., in Rule 62N-16.012, F.A.C., will be removed since this section no longer exists. Furthermore, Rule 62N-16.027, F.A.C., which is labeled the Form: Request for Reimbursement for Damage, will be repealed, since Rule 62N-16.020, F.A.C., the rule to which the form is applicable, has been repealed. Finally, subsection 62N-16.033(4), F.A.C., will be removed. This is due to the fact that Rule 62N-16.036, F.A.C., Vessel Spill Contigency Plan, which is the contigency plan referenced in subsection 62N-16.033(4), F.A.C. has been repealed.
SUMMARY: The rule amendments will do the following: incorporate the appropriate form into a subsection, remove references from a rule that no longer exist, remove a subsection that is no longer valid, and repeal a rule that is no longer valid.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 376.07 FS.
LAW IMPLEMENTED: 376.065, 376.07, 376.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Phil Wieczynski, Division of Law Enforcement, Bureau of Emergency Response, 3900 Commonwealth Blvd., MS 600, Tallahassee, FL 32399-3000, [phone], e-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Phil Wieczynski, Division of Law Enforcement, Bureau of Emergency Response, 3900 Commonwealth Blvd., MS 600, Tallahassee, FL 32399-3000, [phone], e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62N-16.012 Discharge Cleanup Organization; Approval.

(1) For approval as a discharge cleanup organization, an applicant shall apply to the department using the on a form: Application for Approval as a Discharge Cleanup Organization, dated [effective date], hereby adopted by reference, available on the internet at: http://www.dep.state.fl.us/law/ber/default.htm or by sending a request to: Department of Environmental Protection, Bureau of Emergency Response, 3900 Commonwealth Boulevard, M.S. 600, Tallahassee, Florida 32399-3000 or by phone at [phone] or by fax at [phone]. supplied by the department, as provided for in 62N-16.026.

(2) through (5) No change.

Rulemaking Specific Authority 376.07 FS. Law Implemented 376.06, 376.065, 376.09 FS. History–New 8-23-74, Formerly 16B-16.12, Amended 11-5-80, Formerly 16N-16.12, Amended 6-17-92, Formerly 16N-16.012, Amended________.

 

62N-16.027 Form: Request for Reimbursement for Damage.

Rulemaking Specific Authority 376.07 FS. Law Implemented 376.12 FS. History–New 11-5-80, Formerly 16N-16.27, Amended 6-17-92, Formerly 16N-16.027, Repealed________.

 

62N-16.033 Terminal Facility Discharge Contingency Plan.

(1) through (3) No change.

(4) Vessels that are also terminal facilities need a contingency plan that meets the requirements of rule number 62N-16.036, F.A.C., and are exempted from having a plan in accordance with this rule.

Rulemaking Specific Authority 376.07 FS. Law Implemented 376.07 FS. History–New 8-27-92, Formerly 16N-16.033, Amended 4-12-95,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Phil Wieczynski, listed above
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mimi Drew
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 19, 2010