FDEP Emergency Rule for Notification on Pollution

http://dep.state.fl.us/pollutionnotice/Notice%20of%20Emergency%20Rule.pdf

THE FULL TEXT OF THE EMERGENCY RULE IS:

62ER16-01Public 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 pollution.notice@dep.state.fl.us. (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 9-26-16. THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: 09/26/2016