62-331.110. Emergency Field Authorizations

(1) The Agency shall issue an emergency field authorization for dredge or fill activities to abate an emergency condition before a permit could be issued or modified under this chapter. “Emergency conditions” are defined as those that pose an imminent or existing serious threat or danger and require immediate action to protect the public health, safety, or welfare, or the water resources of the Agency, including the health of aquatic and wetland-dependent species; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Carelessness or the lack of planning on the part of an applicant shall not be sufficient grounds to warrant the granting of an emergency field authorization.

(2) The entity requesting an emergency field authorization shall complete an “State 404 Program Emergency Field Authorization”, Form 62-331.110(1) (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12066). A copy of this form may be obtained from the Agency, as described in subsection 62-331.010(8), F.A.C. The activity authorized by the emergency field authorization may commence upon written approval by the Agency’s field representative. The recipient of an emergency field authorization is responsible for compliance with all the terms and conditions of the authorization.

(3) Any emergency field authorization shall be limited to the duration of time (typically no more than 90 days) required to complete the authorized emergency action.

(4) The emergency field authorization may be terminated at any time, effective immediately upon the Agency notifying the permittee of the termination either orally or in writing, if the Agency determines that termination is necessary to protect human health or the environment. If oral termination is given, the Agency shall follow up with a written termination within five business days.

(5) Notice of the emergency field authorization shall be published and public comments solicited in accordance with Rule 62-331.060, F.A.C., as soon as possible, but no later than 10 days after the issuance date.

(6) If required by a condition in the emergency field authorization, the permittee shall, within 90 days of issuance of the emergency field authorization, apply for a permit. Such permit, if issued, shall, where applicable, include requirements for restoration of aquatic resources or modification of the work completed under the emergency field authorization to comply with the provisions of this chapter.

(7) The Agency shall consult with EPA, the Corps, the tribes, FWC, FWS, and NMFS, as applicable, about issuance of an emergency permit as soon as possible after the emergency permit is requested, but no later than the day of issuance of the emergency permit.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.4146, 403.805(1) FS. Law Implemented 373.119, 373.413, 373.4131, 373.4145,373.4146, 373.416, 373.426, 373.439 FS. History–New 12-22-20.