Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter:
(1) "Agricultural Employee" means each
				full-time and each part-time non-seasonal employee within this state reported
				by the owner or operator of an agricultural facility to the Department of
				Economic Opportunity for unemployment compensation tax purposes, the total
				number of which shall not be less than the number for the month reflecting the
				lowest number of employees for the calendar year.
(2) "Agricultural facility" means a facility
				which engages primarily in the commercial production of agricultural
				commodities, and has hazardous materials present which qualify for the routine
				agricultural use exemption under the Emergency Planning and Community
				Right-To-Know Act (EPCRA), Section 311(e). Commercial production shall include
				the handling and packaging of the owner/operator's agricultural commodities
				only when the handling and packaging is incidental to or in conjunction with
				the owner/operator's agricultural operation.
(3) "Commission" means the State Hazardous
				Materials Emergency Response Commission created pursuant to s. 301 of
				EPCRA.
(4) "Committee" means any
				local emergency planning committee established in the state pursuant to s. 301
				of EPCRA.
(5) "Employee" means each
				full-time and each part-time employee employed within the State by the owner or
				operator of a facility as reported to the Department of Economic Opportunity
				for unemployment compensation tax purposes for the last month of the calendar
				year.
(6) "Division" means the
				Division of Emergency Management, Executive Office of the Governor.
(7) "Facility" means facility as defined in
				s. 329 of EPCRA. Vehicles placarded according to 49 Code of Federal Regulations
				shall not be considered a facility except for the purposes of Section 304 of
				EPCRA.
(8) "Hazardous material"
				means any hazardous chemical, toxic chemical, or extremely hazardous substance,
				as defined in s.329 of EPCRA.
(9)
				"Report" means a notification under s. 302 of EPCRA or an inventory form under
				s. 312 of EPCRA.
(10) "EPCRA' means
				the Emergency Planning and Community Right-To-Know Act of 1986, Title III of
				the Superfund Amendments and Reauthorization Act of 1986, ss. 300 through 329
				of Pub. L. No. 99-499, 42
				U.S.C. ss. 11001, et seq.; and federal
				regulations adopted thereunder.
(11) "Owner/Operator" means a sole
				proprietorship, or partnership, or company with an assigned Federal Employer
				Identification number, that reports employees to the Florida Department of
				Economic Opportunity including, at a minimum, employees at the facility in
				Florida subject to reporting under EPCRA Section 302 or 312.
(12) "Vehicle" means "motor vehicle" as
				defined in 49 Code of Federal Regulations, Section 171.8.
(13) "Electronic transmission" means the
				transmission of documents by electronic signals to or from the Division which
				when received can be transferred electronically into existing databases or can
				be transformed and stored or reproduced on paper or other electronic record
				keeping system.
Rulemaking Authority
					 252.35(2)(x),
					 252.83(1) FS.
					 Law Implemented 252.82
					 FS.
New 11-24-88, Amended 12-31-92, 1-3-01, 3-13-06, Formerly
					  9G-14.002.