Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.360 - Emergency Authorizations and Actions

Current through Reg. 50, No. 138; July 16, 2024
When the Agency has determined that immediate action is
				  necessary to abate an emergency condition, the Agency shall use one of the
				  following measures below to authorize the work. "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 for an emergency authorization shall not
				  be sufficient grounds to warrant the granting of an emergency
				  authorization.
(1) Issuance of an
				emergency order under Section
				 373.119(2),
				F.S. The order shall recite the factual basis for it in accordance with Section
				 120.569(2)(n),
				F.S., and include all conditions (including a limitation on the duration of the
				emergency authorization) required to ensure that the activity authorized or
				directed does not exceed that necessary to abate the threat. When the activity
				conducted under the order has an operational or maintenance aspect that
				continues beyond the emergency, any permits required under this chapter shall
				be applied for as soon as practicable.
(2) Authorization of construction to begin
				when the Agency has already received an application for a permit under this
				chapter, and the applicant has submitted a written request for the work to
				commence prior to issuance of the permit, together with documentation of the
				emergency conditions that exist. However, if required upon issuance of the
				permit, the work initiated shall be modified as necessary to comply with the
				terms and conditions of the permit.
(3) Issuance of an emergency field
				authorization when an application is not currently under consideration by the
				Agency. The entity requesting the emergency field authorization shall complete
				an "Emergency Field Authorization" Form
				 62-330.360(1),
				(June 1, 2018) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-09388
),
				which is incorporated by reference herein. A copy of this form may be obtained
				from the Agency, as described in subsection
				 62-330.010(5),
				F.A.C. The activity authorized by the emergency field authorization may
				commence upon 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. Within 90 days of issuance of an
				emergency field authorization, the recipient shall either restore the site to
				the conditions existing before the emergency, or apply for an application to
				perform the work in accordance with the requirements for obtaining verification
				of an exemption or permit, as applicable, under this
				chapter.
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.4131,
					 373.4145,
					 373.418,
					 403.805(1) FS.
					 Law Implemented  120.569(2),
					  373.026(7),
					  373.119,
					  373.413,
					  373.4131,
					  373.4145,
					  373.416,
					  373.418,
					  373.426,
					  373.439 FS.
New 10-1-13, Amended
					 6-1-18.