The Department of Environmental Protection (Department) is developing a new rule in Chapter 62-4, F.A.C., to require owners and operators of installations to provide notice to the Department, local governments and public when there is an incident ...

 

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 installations to provide notice to the Department, local governments and public when there is an incident resulting in pollution.

SUMMARY: The new rule will require owners and operators of any installation to provide notices 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.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rule requiring owners and operators of installations to notify the Department, local government officials and the public of an incident resulting in pollution does not adversely affect small business or increase regulatory costs. The rule only requires owners and operators to inform the proper entities of the incident and does not create an obligation that it pay for publication of a notice.

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.

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)

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 FULL TEXT OF THE PROPOSED RULE 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.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert A. Williams, Chief Deputy General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 26, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 27, 2016