The Department of Environmental Protection (Department) is developing a new rule in Chapter 62-4, F.A.C., to require owners and operators of any installation to provide notice to the Department, local government officials, and the public whenever ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-4.161Public Notice of Pollution

PURPOSE AND EFFECT: The Department of Environmental Protection (Department) is developing a new rule in Chapter 62-4, F.A.C., to require owners and operators of any installation to provide notice to the Department, local government officials, and the public whenever there is an incident or discovery of pollution at an installation within 24 hours. In addition, the owner and operator would be required to provide a subsequent notice within 48 hours that describes any potentially affected areas beyond the property boundary of the installation, and the potential risk to public health, safety, or welfare. The owners and operators are required to notify the Department, local government officials, and the property owner within 24 hours of becoming aware that pollution from an installation has affected areas beyond the property boundaries of the installation.

SUBJECT AREA TO BE ADDRESSED: The Department is developing a new rule to require owners and operators of installations to provide notice to the Department, local government and public when there is an incident resulting in pollution.

RULEMAKING AUTHORITY: 377.22(2), 403.061(7), 403.061(8), 403.062, 403.855(1), 403.861(9)

LAW IMPLEMENTED: 377.21, 377.371, 403.061(16), 403.061(17), 403.061(18), 403.062, 403.855(3), 403.861(9)

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: Robert A. Williams, Chief Deputy General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Blvd., MS-35, Tallahassee, Fl 32399. [e-mail]; [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

62-4.161Public Notice of Pollution  

Any owner or operator of any installation who has knowledge of any pollution at such installation shall provide notice of the pollution as follows: 

(1)Within 24 hours of the occurrence of any incident at an installation resulting in pollution, or the discovery of pollution, the owner or operator shall notify the Department and the following persons, in writing, of such pollution:  

(a)The mayor, the chair of the county commission, or the comparable senior elected official representing the affected area.  

(b)The city manager, the county administrator, or the comparable senior official representing the affected area.  

(c)The general public by providing notice to local broadcast television affiliates and a newspaper of general circulation in the area of the contamination.  

(2)Within 48 hours of the occurrence of any incident at an installation resulting in pollution, or the discovery of pollution, the owner or operator shall notify the Department and persons identified in (1)(a) through (1)(c), in writing, of any potentially affected areas beyond the property boundaries of the installation, and the potential risk to the public health, safety, or welfare.  

(3)Within 24 hours of becoming aware of pollution from an installation that has affected areas beyond the property boundaries of the installation, the owner or operator shall notify, in writing, the property owner of any affected area, the Department, and the persons identified in (1)(a) through (1)(b).   

(4)Such notification to the Department shall be accomplished by submitting an email to [e-mail]. 

(5)Failure to provide this notification shall be considered a violation and subject to penalties for purposes of Section 403.161, Florida Statutes. 

Rulemaking Authority 377.22(2), 403.061(7), 403.061(8), 403.062, 403.855(1), 403.861(9) FS. Law Implemented 377.21, 377.371, 403.061(16), 403.061(17), 403.061(18), 403.062, 403.855(3), 403.861(9) FS. History-New XX-XX-XXXX.