regulatory and legislative update · 62-4.161 public notice of pollution –november 4, 2016 (1)...

Regulatory and Legislative

Update

SEFLUC Meeting

November 14, 2016

Pollution Notification Rule

Emergency Rule Published: September 26, 2016 – Effective for

90 days (December 25th)

Notice of Development of Rulemaking: September 27, 2016

Notice of Proposed Rule: September 28, 2016

Notice of Workshops:

• 10-17-2016

• 10-18-2016

• 10-19-2016

• 10-20-2016

• 10-24-2016

• 10-25-2016

• 10-26-2016

Notice of Rule Hearing: November 7, 2016

Publication of Revised Rule: November 4, 2016 ~4;00PM

Extension of Hearing: 5:00pm November 9, 2016

http://dep.state.fl.us/pollutionnotice/10-17-2016 Agenda 62-4.161 Workshop.pdf







Pollution Notification Rule62ER16-01Public Notice of Pollution – Emergency Rule

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

[email protected].

(5) Failure to provide this notification shall be considered a violation and subject to penalties for

purposes of Section 403.161, Florida Statutes.


62-4.161 Public Notice of Pollution – November 4, 2016

(1) Intent. This rule is intended to prevent harm to human health or welfare, animal or plant

life, or property by assisting the control of pollution. Reportable releases as defined herein

are required to be reported to the Department, the general public, local government, and

effected property owners. Making these parties aware of the releases in the timeframes

provided by this rule, will position them to take action to protect human health or welfare,

animal or plant life, or property.

(2) Definitions. The term “reportable release” as used in this rule means the release of any

substance to the outdoor air, land, or waters of the state at an installation (within the meaning

of section 403.031(4), F.S.) at any level or quantity that is not authorized by law and:

(a) is reportable to the State Watch Office (also known as the State Warning Point) under

Department requirements such as those contained in rules, permits, orders, and variances;

(b) is reportable to the Department under subsections 62-761.450(3) and 62-762.451(3),

F.A.C.;

(c) is reportable to the Department under paragraph 62-528.307(1)(x), F.A.C.;

(d) is a hazardous substance (within the meaning of section 376.301(20), F.S.) at or above

the quantity established in Table 302.4 of 40 CFR 302.4, July 1, 2016, and available at

[WEBSITE], which is hereby incorporated by reference, for such substance;

(e) is an extremely hazardous substance (within the meaning of 40 CFR 355.61) at or above

the quantity established in Appendices A and B of 40 CFR 355, July 1, 2016, and available

at [WEBSITE], which is hereby incorporated by reference, for such substance; or

(f) poses an immediate danger to public health, safety or welfare.


(3) Notification. In the event of a reportable release, any persons (within the meaning of section

403.031(5), F.S.) who are owners or operators of the installation at which the reportable release

occurred, must:

(a) Within 24 hours of a reportable release or discovery of a reportable release, notify the

following persons in accordance with the notice criteria in subparagraph (4)(a)1.:

1. the Department;

2. the general public via notice to at least one broadcast television affiliate that serves the area

where the installation is located and a newspaper of general circulation as described in section

50.011, F.S.; and

3. local government as follows:

a. if the installation is in an incorporated municipality:

i. the mayor, the chair of the city commission, or the comparable senior elected official

representing the municipality in which the installation is located, and

ii. the city manager or comparable senior official of the municipality in which the installation is

located; or,

b. if the installation is not in an incorporated municipality:

i. the chair of the county commission or comparable senior elected official representing the

county in which the installation is located, and

ii. the county administrator or comparable senior official of the county in which the installation

is located.


b) Within 48 hours of a reportable release or discovery of a reportable

release, notify the persons listed in paragraph (3)(a) in accordance

with the notice criteria in subparagraph (4)(a)2. (c) Within 24 hours of

becoming aware that a substance released during a reportable release

is present at any level or quantity into land, outdoor air, or waters of

the state located outside of the property boundaries of the

installation, notify the owners of the lands at which the substance is

present and the Department and local government, as provided in

subparagraph (3)(a)3., in accordance with the notice criteria in

subsection (4).


(4) Notice Criteria.

(a) Content.

1. The notification required under paragraph (3)(a) must include the

following to the extent known at the time of the notice:

a. name and address of the installation at which the reportable release

occurred;

b. name and title of the reporting person and the nature of their

relationship to the installation (e.g., owner or operator);

c. identification number for any active Department permits, variances,

registrations, or orders that apply to the installation;

d. name and telephone number of the person to be contacted for further

information;

e. substance released;

f. estimated quantity of the substance released and quantity that has

since been recovered;

g. cause or source of the release;

h. location of the release;

i. date, time, and duration of the release;

j. medium into which the substance was released; and,

k. any other persons notified of the reportable release


2. The notification required under paragraph (3)(b) must include the following to

the extent known at the time of the notice:

a. whether the released substance is migrating or has migrated to land, outdoor

air, or waters of the state outside the property boundaries of the installation;

b. locations where the released substance has migrated to;

c. risks to human health or welfare, plant life, or animal life associated with the

release as specified on a material safety data sheet or comparable source

published by the United States Department of Labor, Occupational Safety and

Health Administration or Centers for Disease Control and Prevention; and

d. recommended precautions to take as a result of the release (e.g., evacuation,

abstaining from swimming, and abstaining from drinking groundwater).

3. The notification required under paragraph (3)(c) must include the information

required under subparagraphs (4)(a)1. and (4)(a)2.

4. Other information that the reporting party wishes to include to assist in the

protection of human health or welfare, animal or plant life, or property is

permissible and encouraged.


2. Notices required to be submitted to local governments, broadcast

television affiliates, and newspapers of general circulation must be

submitted via electronic or hand delivery.

3. Notices required to be submitted to property owners must be

submitted via mail, electronic delivery, or hand delivery unless the

substance is present in surface waters of the state in which case the

notice must be submitted to the general public in accordance with

subparagraphs (3)(a)2. and (4)(b)2.

4. Notices submitted to a newspaper of general circulation may be,

but are not required to be, published in the notice section of the

newspaper.


Anticipate legislative language to

further Governor’s agenda.

In the mean time:

• Educate legislators on

wastewater SSO prevention and response.

water and wastewater chemical use/safeguards.

Water Quality Assurance Rule

Mostly updates to current laboratory

standards.

Some utilities expressed concern with Lake

and Stream index field sampling

Non-agricultural non-point

sources – 62-307

Notice of Rule Development

Establish BMP’s and water quality sampling in

lieu of BMP’s

Reclaimed Water

Workgroup had last meeting – webinar on

October 4, 2016

FWEAUC submitted proposed legislative

amendments

Legislative Concepts

373.223 Conditions for a Permit

Public Interest Test

373.250 Reuse of Reclaimed Water

Reclaimed Water Service Areas

Impact Offsets

Water Supply Development Credits

Permitting

Feasibility Guidance

Stormwater Supplementation

373.309 Authority to adopt rules and procedures

Well Construction Permits

373.709 Regional water supply planning

Reclaimed Water Utilization

403.xxx Direct Potable Reuse

Direct Potable Reuse Study

Funding

• FDEP has $45M in proposed budget for AWS projects - $10M is allocated

to CFWI project remainder to be allocated per SB444.

Sunshine One-Call Legislation

s. 556.105(12) If any contact with or damage to any pipe, cable, or its protective

covering, or any other underground facility occurs, the excavator causing the contact

or damage shall immediately notify the member operator. If any contact with or

damage to an underground pipe results in the escape of any natural and other gas or

hazardous liquid regulated by the Pipeline and Hazardous Materials Safety

Administration of the United States Department of Transportation, the excavator

must immediately report the contact by calling the 911 emergency telephone

number. Upon receiving notice, the member operator shall send personnel to the

location as soon as possible to effect temporary or permanent repair of the contact or

damage. Until such time as the contact or damage has been repaired, the excavator

shall cease excavation or demolition activities that may cause further damage to

such underground facility. When an event giving rise to a notice results in damage to

any pipe, cable or its protective covering, or any other underground facility, the

member operator receiving the notice shall file a report with the system. Reports

shall be submitted to the center annually, no later than March 31st for the prior

calendar year, or more frequently at the option of the member operator. The report

shall describe, if known, the cause, nature and location of the damage. The system

shall establish and maintain a process to facilitate submission of reports by member

operators.

Lobbying – House Bill

Lobbying

National Study of Nutrient Removal and

Secondary Technologies - EPA

EPA published notice containing

information collection request for initial

census for all treatment plants.

Information can be found at:

https://www.epa.gov/eg/national-study-

nutrient-removal-and-secondary-

technologies

Comments until November 18, 2016.

regulatory and legislative update · 62-4.161 public notice of pollution –november 4, 2016 (1)...

Documents