18054627, 62ER16-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 18054627

Notice of Emergency Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Overview

RULE:

62ER16-1

Public Notice of Pollution

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

In a “Specific Finding of Immediate Danger to the Public Health, Safety, or Welfare,” which was published on the date of this emergency rule (available at www.dep.state.fl.us/pollutionnotice) and filed with the Secretary of State’s Office, Secretary Steverson found that there is a need to immediately require specific notification to the public of any incident or discovery of pollution that may cause a threat to the air, surface waters, or groundwater of the state. These circumstances present an immediate hazard to public health, safety, or welfare which requires emergency action.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Prompt notification to the public is necessary regarding any incident or discovery of pollution that may cause a threat to the air, surface waters, or groundwater of the state such that public health could be at risk. The Secretary will commence rulemaking procedures for the emergency rule immediately.

SUMMARY:

The provisions of the action provide a requirement that owners and operators of any installation provide notifications 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.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Robert A. Williams, Chief Deputy General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Blvd., MS-35 Tallahassee, FL 32399.

PRINT PUBLISH DATE:

9/27/2016 Vol. 42/188

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=62ER16-1&PDate=9/27/2016&Section=4

REFERENCE MATERIALS:

No reference(s).

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