Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.110 - Emergency Field Authorizations

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Agency shall issue an emergency field authorization for dredge or fill
				activities to abate an emergency condition before a permit could be issued or
				modified under this chapter. "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 shall not be sufficient grounds to warrant the granting of an
				emergency field authorization.
(2)
				The entity requesting an emergency field authorization shall complete an "State
				404 Program Emergency Field Authorization", Form
				 62-331.110(1) 
				(December 22, 2020), incorporated by reference herein (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12066
).
				A copy of this form may be obtained from the Agency, as described in subsection
				 62-331.010(8),
				F.A.C. The activity authorized by the emergency field authorization may
				commence upon written 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.
(3) Any emergency field authorization shall
				be limited to the duration of time (typically no more than 90 days) required to
				complete the authorized emergency action.
(4) The emergency field authorization may be
				terminated at any time, effective immediately upon the Agency notifying the
				permittee of the termination either orally or in writing, if the Agency
				determines that termination is necessary to protect human health or the
				environment. If oral termination is given, the Agency shall follow up with a
				written termination within five business days.
(5) Notice of the emergency field
				authorization shall be published and public comments solicited in accordance
				with Rule  62-331.060, F.A.C., as soon as
				possible, but no later than 10 days after the issuance date.
(6) If required by a condition in the
				emergency field authorization, the permittee shall, within 90 days of issuance
				of the emergency field authorization, apply for a permit. Such permit, if
				issued, shall, where applicable, include requirements for restoration of
				aquatic resources or modification of the work completed under the emergency
				field authorization to comply with the provisions of this chapter.
(7) The Agency shall consult with EPA, the
				Corps, the tribes, FWC, FWS, and NMFS, as applicable, about issuance of an
				emergency permit as soon as possible after the emergency permit is requested,
				but no later than the day of issuance of the emergency permit.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
											373.4146,
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.4131,
					 373.4145,
					 373.4146,
					 403.805(1) FS.
					 Law Implemented  373.119,
					  373.413,
					  373.4131,
					  373.4145,
					  373.4146,
					  373.416,
					  373.426,
					  373.439 FS.
New 12-22-20.