403.061 Department; powers and duties.—The department shall have the power and the duty to control and prohibit pollution of air and water in accordance with the law and rules adopted and promulgated by it and, for this purpose, to:
(1) Approve and promulgate current and long-range plans developed to provide for air and water quality control and pollution abatement.
(2) Hire only such employees as may be necessary to effectuate the responsibilities of the department.
(3) Utilize the facilities and personnel of other state agencies, including the Department of Health, and delegate to any such agency any duties and functions as the department may deem necessary to carry out the purposes of this act.
(4) Secure necessary scientific, technical, research, administrative, and operational services by interagency agreement, by contract, or otherwise. All state agencies and counties, upon direction of the department, shall make these services and facilities available.
(5) Accept state appropriations and loans and grants from the Federal Government and from other sources, public or private, which loans and grants shall not be expended for other than the purposes of this act.
(6) Exercise general supervision of the administration and enforcement of the laws, rules, and regulations pertaining to air and water pollution.
(7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this act. Any rule adopted pursuant to this act must be consistent with the provisions of federal law, if any, relating to control of emissions from motor vehicles, effluent limitations, pretreatment requirements, or standards of performance. A county, municipality, or political subdivision may not adopt or enforce any local ordinance, special law, or local regulation requiring the installation of Stage II vapor recovery systems, as currently defined by department rule, unless such county, municipality, or political subdivision is or has been in the past designated by federal regulation as a moderate, serious, or severe ozone nonattainment area. Rules adopted pursuant to this act may not require dischargers of waste into waters of the state to improve natural background conditions. The department shall adopt rules to reasonably limit, reduce, and eliminate domestic wastewater collection and transmission system pipe leakages and inflow and infiltration. Discharges from steam electric generating plants existing or licensed under this chapter on July 1, 1984, may not be required to be treated to a greater extent than may be necessary to assure that the quality of nonthermal components of discharges from nonrecirculated cooling water systems is as high as the quality of the makeup waters; that the quality of nonthermal components of discharges from recirculated cooling water systems is no lower than is allowed for blowdown from such systems; or that the quality of noncooling system discharges which receive makeup water from a receiving body of water which does not meet applicable department water quality standards is as high as the quality of the receiving body of water. The department may not adopt standards more stringent than federal regulations, except as provided in s. 403.804.
(8) Issue such orders as are necessary to effectuate the control of air and water pollution and enforce the same by all appropriate administrative and judicial proceedings.
(9) Adopt a comprehensive program for the prevention, control, and abatement of pollution of the air and waters of the state, and from time to time review and modify such program as necessary.
(10) Develop a comprehensive program for the prevention, abatement, and control of the pollution of the waters of the state. In order to effect this purpose, a grouping of the waters into classes may be made in accordance with the present and future most beneficial uses. Such classifications may from time to time be altered or modified. However, before any such classification is made, or any modification made thereto, public hearings shall be held by the department.
(11) Establish ambient air quality and water quality standards for the state as a whole or for any part thereof, and also standards for the abatement of excessive and unnecessary noise. The department is authorized to establish reasonable zones of mixing for discharges into waters. For existing installations as defined by rule 62-520.200(10), Florida Administrative Code, effective July 12, 2009, zones of discharge to groundwater are authorized horizontally to a facility’s or owner’s property boundary and extending vertically to the base of a specifically designated aquifer or aquifers. Such zones of discharge may be modified in accordance with procedures specified in department rules. Exceedance of primary and secondary groundwater standards that occur within a zone of discharge does not create liability pursuant to this chapter or chapter 376 for site cleanup, and the exceedance of soil cleanup target levels is not a basis for enforcement or site cleanup.
(a) When a receiving body of water fails to meet a water quality standard for pollutants set forth in department rules, a steam electric generating plant discharge of pollutants that is existing or licensed under this chapter on July 1, 1984, may nevertheless be granted a mixing zone, provided that:
1. The standard would not be met in the water body in the absence of the discharge;
2. The discharge is in compliance with all applicable technology-based effluent limitations;
3. The discharge does not cause a measurable increase in the degree of noncompliance with the standard at the boundary of the mixing zone; and
4. The discharge otherwise complies with the mixing zone provisions specified in department rules.
(b) Mixing zones for point source discharges are not permitted in Outstanding Florida Waters except for:
1. Sources that have received permits from the department prior to April 1, 1982, or the date of designation, whichever is later;
2. Blowdown from new power plants certified pursuant to the Florida Electrical Power Plant Siting Act;
3. Discharges of water necessary for water management purposes which have been approved by the governing board of a water management district and, if required by law, by the secretary; and
4. The discharge of demineralization concentrate which has been determined permittable under s. 403.0882 and which meets the specific provisions of s. 403.0882(4)(a) and (b), if the proposed discharge is clearly in the public interest.
(c) The department, by rule, shall establish water quality criteria for wetlands which criteria give appropriate recognition to the water quality of such wetlands in their natural state.
This act may not be construed to invalidate any existing department rule relating to mixing zones. The department shall cooperate with the Department of Highway Safety and Motor Vehicles in the development of regulations required by s. 316.272(1).
(12)(a) Cause field studies to be made and samples to be taken out of the air and from the waters of the state periodically and in a logical geographic manner so as to determine the levels of air quality of the air and water quality of the waters of the state.
(b) Determine the source of the pollution whenever a study is made or a sample collected which proves to be below the air or water quality standard set for air or water.
(13) Require persons engaged in operations which may result in pollution to file reports which may contain information relating to locations, size of outlet, height of outlet, rate and period of emission, and composition and concentration of effluent and such other information as the department shall prescribe to be filed relative to pollution.
(14) In order to promote resilient utilities, require public utilities or their affiliated companies holding, applying for, or renewing a domestic wastewater discharge permit to file annual reports and other data regarding transactions or allocations of common costs and expenditures on pollution mitigation and prevention among the utility’s permitted systems, including, but not limited to, the prevention of sanitary sewer overflows, collection and transmission system pipe leakages, and inflow and infiltration. The department shall adopt rules to implement this subsection.
(15) Establish a permit system whereby a permit may be required for the operation, construction, or expansion of any installation that may be a source of air or water pollution and provide for the issuance and revocation of such permits and for the posting of an appropriate bond to operate.
(a) Notwithstanding any other provision of this chapter, the department may authorize, by rule, the Department of Transportation to perform any activity requiring a permit from the department covered by this chapter, upon certification by the Department of Transportation that it will meet all requirements imposed by statute, rule, or standard for environmental control and protection as such statute, rule, or standard applies to a governmental program. To this end, the department may accept such certification of compliance for programs of the Department of Transportation, may conduct investigations for compliance, and, if a violation is found to exist, may take all necessary enforcement action pertaining thereto, including, but not limited to, the revocation of certification. The authorization shall be by rule of the department, shall be limited to the maintenance, repair, or replacement of existing structures, and shall be conditioned upon compliance by the Department of Transportation with specific guidelines or requirements which are set forth in the formal acceptance and deemed necessary by the department to assure future compliance with this chapter and applicable department rules. The failure of the Department of Transportation to comply with any provision of the written acceptance shall constitute grounds for its revocation by the department.
(b) The provisions of chapter 120 shall be accorded any person when substantial interests will be affected by an activity proposed to be conducted by the Department of Transportation pursuant to its certification and the acceptance of the department. If a proceeding is conducted pursuant to ss. 120.569 and 120.57, the department may intervene as a party. Should an administrative law judge of the Division of Administrative Hearings of the Department of Management Services submit a recommended order pursuant to ss. 120.569 and 120.57, the department shall issue a final department order adopting, rejecting, or modifying the recommended order pursuant to such action.
(16) Consult with any person proposing to construct, install, or otherwise acquire a pollution control device or system concerning the efficacy of such device or system, or the pollution problem which may be related to the source, device, or system. Nothing in any such consultation shall be construed to relieve any person from compliance with this act, rules and regulations of the department, or any other provision of law.
(17) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this act.
(18) Encourage local units of government to handle pollution problems within their respective jurisdictions on a cooperative basis and provide technical and consultative assistance therefor.
(19) Encourage and conduct studies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and control.
(20) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this state and the several parts thereof and make recommendations to appropriate public and private bodies with respect thereto.
(21) Collect and disseminate information and conduct educational and training programs relating to pollution.
(22) Advise, consult, cooperate, and enter into agreements with other agencies of the state, the Federal Government, other states, interstate agencies, groups, political subdivisions, and industries affected by the provisions of this act, rules, or policies of the department. However, the secretary of the department shall not enter into any interstate agreement relating to the transport of ozone precursor pollutants, nor modify its rules based upon a recommendation from the Ozone Transport Assessment Group or any other such organization that is not an official subdivision of the United States Environmental Protection Agency but which studies issues related to the transport of ozone precursor pollutants, without prior review and specific legislative approval.
(23) Adopt, modify, and repeal rules governing the specifications, construction, and maintenance of industrial reservoirs, dams, and containers which store or retain industrial wastes of a deleterious nature.
(24) Adopt rules and regulations to ensure that no detergents are sold in Florida which are reasonably found to have a harmful or deleterious effect on human health or on the environment. Any regulations adopted pursuant to this subsection shall apply statewide. Subsequent to the promulgation of such rules and regulations, no county, municipality, or other local political subdivision shall adopt or enforce any local ordinance, special law, or local regulation governing detergents which is less stringent than state law or regulation. Regulations, ordinances, or special acts adopted by a county or municipality governing detergents shall be subject to approval by the department, except that regulations, ordinances, or special acts adopted by any county or municipality with a local pollution control program approved pursuant to s. 403.182 shall be approved as an element of the local pollution control program.
(25)(a) Establish a permit system to provide for spoil site approval, as may be requested and required by local governmental agencies as defined in s. 403.1835(2)(c), or mosquito control districts as defined in s. 388.011(5), to facilitate these agencies in providing spoil sites for the deposit of spoil from maintenance dredging of navigation channels, port harbors, turning basins, and harbor berths, as part of a federal project, when the agency is acting as sponsor of a contemplated dredge and fill operation involving an established navigation channel, harbor, turning basin, or harbor berth. A spoil site approval granted to the agency shall be granted for a period of 10 to 25 years when such site is not inconsistent with an adopted local governmental comprehensive plan and the requirements of this chapter. The department shall periodically review each permit to determine compliance with the terms and conditions of the permit. Such review shall be conducted at least once every 10 years.
(b) This subsection applies only to those maintenance dredging operations permitted after July 1, 1980, where the United States Army Corps of Engineers is the prime dredge and fill agent and the local governmental agency is acting as sponsor for the operation, and does not require the redesignation of currently approved spoil sites under such previous operations.
(26) Establish and administer a program for the restoration and preservation of bodies of water within the state. The department shall have the power to acquire lands, to cooperate with other applicable state or local agencies to enhance existing public access to such bodies of water, and to adopt all rules necessary to accomplish this purpose.
(27)(a) Develop standards and criteria for waters used for deepwater shipping which standards and criteria consider existing water quality; appropriate mixing zones and other requirements for maintenance dredging in previously constructed deepwater navigation channels, port harbors, turning basins, or harbor berths; and appropriate mixing zones for disposal of spoil material from dredging and, where necessary, develop a separate classification for such waters. Such classification, standards, and criteria shall recognize that the present dedicated use of these waters is for deepwater commercial navigation.
(b) The provisions of paragraph (a) apply only to the port waters, spoil disposal sites, port harbors, navigation channels, turning basins, and harbor berths used for deepwater commercial navigation in the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow, Florida Power Corporation’s Crystal River Canal, Boca Grande, Green Cove Springs, and Pensacola.
(28) Establish rules which provide for a special category of water bodies within the state, to be referred to as “Outstanding Florida Waters,” which water bodies shall be worthy of special protection because of their natural attributes. Nothing in this subsection shall affect any existing rule of the department.
(29) Perform any other act necessary to control and prohibit air and water pollution, and to delegate any of its responsibilities, authority, and powers, other than rulemaking powers, to any state agency now or hereinafter established.
(30)(a) Adopt by rule special criteria to protect Class II and Class III shellfish harvesting waters. Such rules may include special criteria for approving docking facilities that have 10 or fewer slips if the construction and operation of such facilities will not result in the closure of shellfish waters.
(b) Adopt by rule a specific surface water classification to protect surface waters used for treated potable water supply. These designated surface waters shall have the same water quality criteria protections as waters designated for fish consumption, recreation, and the propagation and maintenance of a healthy, well-balanced population of fish and wildlife, and shall be free from discharged substances at a concentration that, alone or in combination with other discharged substances, would require significant alteration of permitted treatment processes at the permitted treatment facility or that would otherwise prevent compliance with applicable state drinking water standards in the treated water. Notwithstanding this classification or the inclusion of treated water supply as a designated use of a surface water, a surface water used for treated potable water supply may be reclassified to the potable water supply classification.
(31) Establish requirements by rule that reasonably protect the public health and welfare from electric and magnetic fields associated with existing 230 kV or greater electrical transmission lines, new 230 kV and greater electrical transmission lines for which an application for certification under the Florida Electric Transmission Line Siting Act, ss. 403.52-403.5365, is not filed, new or existing electrical transmission or distribution lines with voltage less than 230 kV, and substation facilities. Notwithstanding any other provision in this chapter or any other law of this state or political subdivision thereof, the department shall have exclusive jurisdiction in the regulation of electric and magnetic fields associated with all electrical transmission and distribution lines and substation facilities. However, nothing herein shall be construed as superseding or repealing the provisions of s. 403.523(1) and (10).
(32) Adopt rules necessary to obtain approval from the United States Environmental Protection Agency to administer the Federal National Pollution Discharge Elimination System (NPDES) permitting program in Florida under ss. 318, 402, and 405 of the federal Clean Water Act, Pub. L. No. 92-500, as amended. This authority shall be implemented consistent with the provisions of part II, which shall be applicable to facilities certified thereunder. The department shall establish all rules, standards, and requirements that regulate the discharge of pollutants into waters of the United States as defined by and in a manner consistent with federal regulations; provided, however, that the department may adopt a standard that is stricter or more stringent than one set by the United States Environmental Protection Agency if approved by the Governor and Cabinet in accordance with the procedures of s. 403.804(2).
(33) Coordinate the state’s stormwater program.
(34) Establish and administer programs providing appropriate incentives that have the following goals, in order of importance:
(a) Preventing and reducing pollution at its source.
(b) Recycling contaminants that have the potential to pollute.
(c) Treating and neutralizing contaminants that are difficult to recycle.
(d) Disposing of contaminants only after other options have been used to the greatest extent practicable.
(35) Adopt rules which may include stricter permitting and enforcement provisions within Outstanding Florida Waters, aquatic preserves, areas of critical state concern, and areas subject to chapter 380 resource management plans adopted by rule by the Administration Commission, when the plans for an area include waters that are particularly identified as needing additional protection, which provisions are not inconsistent with the applicable rules adopted for the management of such areas by the department and the Governor and Cabinet.
(36) Exercise the duties, powers, and responsibilities required of the state under the federal Clean Air Act, 42 U.S.C. ss. 7401 et seq. The department shall implement the programs required under that act in conjunction with its other powers and duties. Nothing in this subsection shall be construed to repeal or supersede any of the department’s existing rules.
(37) Establish statewide standards for persons engaged in determining visible air emissions and to require these persons to obtain training to meet such standards.
(38) Provide a supplemental permitting process for the issuance of a joint coastal permit pursuant to s. 161.055 or environmental resource permit pursuant to part IV of chapter 373, to a port listed in s. 311.09(1), for maintenance dredging and the management of dredged materials from maintenance dredging of all navigation channels, port harbors, turning basins, and harbor berths. Such permit shall be issued for a period of 5 years and shall be annually extended for an additional year if the port is in compliance with all permit conditions at the time of extension. The department is authorized to adopt rules to implement this subsection.
(39) Provide a supplemental permitting process for the issuance of a conceptual joint coastal permit pursuant to s. 161.055 or environmental resource permit pursuant to part IV of chapter 373, to a port listed in s. 311.09(1), for dredging and the management of materials from dredging and for other related activities necessary for development, including the expansion of navigation channels, port harbors, turning basins, harbor berths, and associated facilities. Such permit shall be issued for a period of up to 15 years. The department is authorized to adopt rules to implement this subsection.
(40) Enter into a memorandum of agreement with the Florida Inland Navigation District and the West Coast Inland Navigation District, or their successor agencies, to provide a supplemental process for issuance of joint coastal permits pursuant to s. 161.055 or environmental resource permits pursuant to part IV of chapter 373 for regional waterway management activities, including, but not limited to, maintenance dredging, spoil disposal, public recreation, inlet management, beach nourishment, and environmental protection directly related to public navigation and the construction, maintenance, and operation of Florida’s inland waterways. The department is authorized to adopt rules to implement this subsection.
(41) Maintain a list of projects or activities, including mitigation banks, which applicants may consider when developing proposals in order to meet the mitigation or public interest requirements of this chapter, chapter 253, or chapter 373. The contents of such list are not a rule as defined in chapter 120, and listing a specific project or activity does not imply department approval for such project or activity. Each county government is encouraged to develop an inventory of projects or activities for inclusion on the list by obtaining input from local stakeholders in the public, private, and nonprofit sectors, including local governments, port authorities, marine contractors, other representatives of the marine construction industry, environmental or conservation organizations, and other interested parties. A county may establish dedicated trust funds for depositing public interest donations to be used for future public interest projects, including improving on-water law enforcement capabilities.
1(42) Expand the use of online self-certification for appropriate exemptions and general permits issued by the department or the water management districts if such expansion is economically feasible. Notwithstanding any other provision of law, a local government may not specify the method or form for documenting that a project qualifies for an exemption or meets the requirements for a permit under chapter 161, chapter 253, chapter 373, or this chapter. This limitation of local government authority extends to Internet-based department programs that provide for self-certification.
(43) Serve as the state’s single point of contact for performing the responsibilities described in Presidential Executive Order 12372, including administration and operation of the Florida State Clearinghouse. The Florida State Clearinghouse shall be responsible for coordinating interagency reviews of the following: federal activities and actions subject to the federal consistency requirements of s. 307 of the Coastal Zone Management Act; documents prepared pursuant to the National Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.; applications for federal funding pursuant to s. 216.212; and other notices and information regarding federal activities in the state, as appropriate. The Florida State Clearinghouse shall ensure that state agency comments and recommendations on the environmental, social, and economic impact of proposed federal actions are communicated to federal agencies, applicants, local governments, and interested parties.
(44)(a) Implement ss. 403.067 and 403.088 in flowing waters consistent with the attainment and maintenance of:
1. The narrative criterion for nutrients and any in-stream numeric interpretation of the narrative water quality criterion for nutrients adopted by the department in streams, canals, and other conveyances; and
2. Nutrient water quality standards applicable to downstream waters.
(b) The loading of nutrients to downstream waters from a stream, canal, or other conveyance shall be limited to provide for the attainment and maintenance of nutrient water quality standards in the downstream waters.
1. If the downstream water does not have a total maximum daily load adopted under s. 403.067 and has not been verified as impaired by nutrient loadings, then the department shall implement its authority in a manner that prevents impairment of the downstream water due to loadings from the upstream water.
2. If the downstream water does not have a total maximum daily load adopted under s. 403.067 but has been verified as impaired by nutrient loadings, then the department shall adopt a total maximum daily load under s. 403.067.
3. If the downstream water has a total maximum daily load adopted under s. 403.067 that interprets the narrative water quality criterion for nutrients, then allocations shall be set for upstream water bodies in accordance with s. 403.067(6), and if applicable, the basin management action plan established under s. 403.067(7).
(c) Compliance with an allocation calculated under s. 403.067(6) or, if applicable, the basin management action plan established under s. 403.067(7) for the downstream water shall constitute reasonable assurance that a discharge does not cause or contribute to the violation of the downstream nutrient water quality standards.
(45) Adopt rules requiring or incentivizing the electronic submission of forms, documents, fees, or reports required under chapter 161, chapter 253, chapter 373, chapter 376, chapter 377, or this chapter. The rules must reasonably accommodate technological or financial hardship and provide procedures for obtaining an exemption due to such hardship.
The department shall implement such programs in conjunction with its other powers and duties and shall place special emphasis on reducing and eliminating contamination that presents a threat to humans, animals or plants, or to the environment.
1Note.—As enacted by s. 42, ch. 2010-147. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, “Statutory Construction.” Subsection (41), redesignated as subsection (42) by s. 10, ch. 2020-150, was also enacted by s. 2, ch. 2010-208, and that version reads:
(42) Expand the use of online self-certification and other forms of online authorization for appropriate exemptions, general permits, and individual permits by the department and the water management districts if such expansion is economically feasible. The department shall report on the progress of these activities to the President of the Senate, the Speaker of the House of Representatives, and the Legislative Committee on Intergovernmental Relations by February 15, 2011. Notwithstanding any other provision of law, a local government may not specify the method or form for documenting that a project meets the requirements for authorization under chapter 161, chapter 253, chapter 373, or this chapter. This includes Internet-based department programs that provide for self-certification.
Cited 30 times | Published | Florida 1st District Court of Appeal | 1 ERC 1515
...tat to a healthy environment. The administrative agency created has been charged with the responsibility of searching out and correcting the problems of pollution. It is primarily a regulatory agency, with law enforcement a secondary responsibility. Section 403.061 sets forth 26 separate paragraphs detailing the Commission's powers and duties....
Cited 23 times | Published | Florida 1st District Court of Appeal | 1990 WL 2065
...lorida Historic Site). There is little development in the area, and it is surrounded by the Lochloosa Wildlife Management Area and the two lakes. The two lakes and the Cross Creek body of water have been designated as Outstanding Florida Waters. See § 403.061(27)(a), Fla....
Cited 21 times | Published | Supreme Court of Florida | 2001 WL 298917
...rol Act," ( hereinafter "Act"), is undoubtedly comprehensive legislation relating to the protection of Florida's air and waters from contamination. The Act deposits the power and duty to control and prohibit air and water pollution with the DEP. See § 403.061, Fla....
Cited 18 times | Published | Florida 2nd District Court of Appeal
...DER's motion to dismiss asserting sovereign immunity under Commercial Carrier v. Indian River County, 371 So.2d 1010 (Fla. 1979), was granted. The general legislative and public policy detailed in section 403.021, Florida Statutes (1979); the general powers and duties conferred on DER in section 403.061; and the specific powers and duties as to sewer plants in section 403.085, et seq., seem clearly to speak to an exercise of the police power of the state....
Cited 13 times | Published | Florida 1st District Court of Appeal
...without legislative authority. Section 403.087, Florida Statutes (1981), provides specific statutory authority which allows DER to "adopt, amend, or repeal rules, regulations, and standards for the issuance, denial, and revocation of permits." Also, section 403.061(7), Florida Statutes (1981), provides DER with authority to "adopt, modify, and repeal rules and regulations to carry out the intent and purposes of this act." We think that the proper standard of review concerning rules promulgated p...
...Grove Isle first contends that both Rules 17-3.041 and 17-4.242 are invalid because the designation of "Outstanding Florida Waters," as described in both rules, does not constitute a classification of water made "in accordance with the present and future most beneficial uses" as required by section 403.061(10)....
...environmentally sensitive waters which are to be given extremely restrictive uses. We find, therefore, that the classification "Outstanding Florida Waters," as used in Rules 17-3.041 and 17-4.242 does not conflict with the statutory requirements of section 403.061(10)....
Cited 12 times | Published | Supreme Court of Florida | 1998 WL 732936
...d the conservation of fish and wildlife. While chapter 403 grants DEP the authority to determine conditions upon which permits may be issued, that power is limited to conditions necessary to effectuate the Legislature's specific policy. For example, section 403.061 (powers and duties) authorizes DEP to establish all rules and regulations necessary "to control and prohibit pollution of air and water in accordance with the law and rules and regulations adopted and promulgated by it." § 403.061, Fla....
Cited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 282091
...tationary source." 40 C.F.R. § 61.02. "`Stationary source' means any building, structure, facility, or installation which emits or may emit any air pollutant which has been designated as hazardous by the Administrator [of the EPA]." Id. Pursuant to Section 403.061, Florida Statutes, which authorizes DER to adopt rules and regulations that are consistent with federal law to control and manage discharge of air pollutants, DER adopted Florida Administrative Code Rule 17-2.670, which provides: (1)...
...ning legislative intent. Ellsworth v. Insurance Co. of N. *726 Am., 508 So.2d 395, 401 n. 3 (Fla. 1st DCA 1987). JEPB rule 2.209 and rule 17-2.670, as set forth above, were created for the intended purpose of controlling and prohibiting pollution. §§ 403.061 & 403.182, Fla....
...are not arbitrary and capricious. Department of Professional Reg., Bd. of Med. Examiners v. Durrani, 455 So.2d 515, 517 (Fla. 1st DCA 1984). As previously stated, both rules were promulgated for the purposes of controlling and prohibiting pollution. § 403.061 & 403.182, Fla....
Cited 10 times | Published | Florida 1st District Court of Appeal
...These petitions were consolidated for hearing. [1] The issue for determination below was whether certain provisions of DER's proposed rules 17-3.021, 17-3.403, 17-3.404, and 17-4.245, constituted an invalid exercise of delegated legislative authority. [2] DER is authorized under Section 403.061(10), Florida Statutes, to group the waters of the state into classes in accordance with their present and future most beneficial uses....
Cited 10 times | Published | Florida 1st District Court of Appeal
...and appropriate stabilization requirements, and that the disposer has legally agreed in writing to accept responsibility for proper disposal. The adoption of such a rule is authorized by various statutory provisions, including among others, Sections 403.061 [3] and 403.704, Florida Statutes (1989). Section 403.061 empowers the Department of Environmental Regulation to control and prohibit pollution of the air and water and to promulgate rules and regulations therefor, and section 403.704 authorizes DER to develop and implement a solid waste management program....
Cited 10 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1056
...Department of Banking and Finance, 346 So.2d 569 (Fla. 1st DCA 1977) which the court said could be developed on a case-by-case basis. The policy referred to in McDonald was not a policy of general applicability affecting the substantial rights of the parties. Section 403.061(29), Fla....
Cited 8 times | Published | Florida 1st District Court of Appeal
...waters, including submerged lands. §§ 253.03, 253.123, Fla. Stat. (1969). Air and water pollution generally was governed by Chapter 403, Florida Statutes (1969), under the control and direction of the Department of Air and Water Pollution Control. Section 403.061(16), Florida Statutes (1969), gave the department the power and duty to "Establish a permit system whereby a permit may be required for the operation, construction or expansion of any installation that may be a source of air or water pollution; . ." See footnote I regarding permits. Section 403.061(16) was retained in the 1971 Florida Statutes, but additional provisions were added, particularly Sections 403.087 and 403.088 expressly prohibiting construction or maintenance of an installation "reasonably expected to be a source of air or water pollution ....
...80.031(14), be read in pari materia with other pertinent provisions of statutes relating to the issuance of development permits; including Section 403.201, Florida Statutes, allowing DER to grant variances under the conditions stated in the statute; section 403.061(14)(a), authorizing DER to allow DOT "to perform any activity requiring a permit from the department ..., upon certification by [DOT] that it will meet all requirements imposed by statute, rule, or standard for environmental control a...
Cited 7 times | Published | Florida 1st District Court of Appeal
...tive upon expiration of its current operation permit which expires in December of 1982. GDU currently operates a sewage treatment plant at Port Malabar, Florida, which discharges treated oxygen-demanding effluents into Turkey Creek. DER, pursuant to section 403.061, Florida Statutes (1981), has the power and duty to control pollution of air and water in accordance with the laws and regulations adopted and promulgated by it....
Cited 6 times | Published | Florida 2nd District Court of Appeal
...ldlife, and marine life needs; and to ensure continuing economic and industrial growth in accordance with a sound environmental policy. § 403.021(1)-(9), Fla. Stat. (1981); see generally 22 Fla.Jur.2d Environmental Rights and Remedies § 27 (1980). Section 403.061 specifically gives DER "the power and the duty to control and prohibit pollution of the air and water in accordance with the law and rules and regulations adopted and promulgated by it." § 403.061(1)-(27), Fla....
...h its mandate under section 403.087, DER properly promulgated and adopted rules and regulations relating to the issuance of such permits. [11] No exemption was issued by the department in favor of GDC. Additionally, consistent with its mandate under section 403.061(11), the department also promulgated and adopted rules and regulations concerning water quality standards....
...ll represent the state and its agencies as legal advisor in carrying out the provisions of this act." This lends further support to GDC's contention that appellant lacks standing to bring the section 403.141(1) suit. Moreover, assuming arguendo that section 403.061(27) allows DER to delegate its civil enforcement authority to a state attorney, a question here we do not decide, no such delegation of authority has been made by the Secretary of DER....
...ater pollution. With respect to this latter point, the legislature has enacted Chapter 403 and clearly has intended for DER to be the state entity responsible for bringing civil actions for damages and penalties pursuant to section 403.141(1). See §§ 403.061(6); 403.121; 404.131....
...part to improve and protect the quality of Florida waters. See Fla. Stat. § 408.021 (2). In furtherance of this goal, Florida empowered the DEP to promulgate necessary rules and regulations to implement the Air and Water Pollution Control Act. Id. § 403.061....
Cited 5 times | Published | Florida 3rd District Court of Appeal | 1996 WL 148584
...evail." § 366.04(1). Fla.Stat. (1995). [3] Chapter 403 of the Florida Statutes delegates to the DEP the power and duty to "[e]stablish requirements by rule that reasonably protect the public health and welfare from electric and magnetic fields...." § 403.061(30), Fla.Stat....
...her law of this state or political subdivision thereof, the department shall have exclusive jurisdiction in the regulation of electric and magnetic fields associated with all electrical transmission and distribution lines and substation facilities." § 403.061(30), Fla.Stat....
Cited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 178
...M-88, a non-profit environmental organization, submitted further data of the emissions, to which DER solicited and received Gardinier's response. In November 1983, M-88 received formal notice of DER's intent to issue the water pollution permits sought by Gardinier. Section 403.061, Florida Statutes (1983), gives DER the power and duty to "establish a permit system whereby a permit may be required for the operation, construction or expansion of any installation that may be a source of air ......
Cited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391
...feasibility study imposed on a local government or utility that has responsibility for wastewater management." Water management districts do not have authority to regulate wastewater treatment plant discharge; this authority resides with DEP. See §§ 403.061, 403.064(1), Fla.Stat....
...complish the conservation, protection, management, and control of the waters of the state ... through delegation of appropriate powers to the various water management districts." DEP has the power and duty to prohibit pollution of air and water. See § 403.061, Fla.Stat....
Cited 4 times | Published | Florida 1st District Court of Appeal
...We disagree with appellants on all grounds, and affirm the rule amendments. [1] Appellants' contention that rule 17-4.031 is the product of a standardless delegation of legislative power depends upon their assertion that the only specific authority for the rule is subsection 27 of § 403.061, Florida Statutes (1982 Supp.). That section provides: 403.061 Department; powers and duties....
...Obviously, the Legislature itself cannot perform the task it has assigned to the Department. Thus, delegation is necessary and the magnitude of the task makes the articulation of finite standards, to be applied to all of the waters of this state, impossible. Still, primarily through § 403.061, the Legislature has provided the Department with considerable standards for classifying state waters....
...f air and water) including but not limited to classifying waters by their most beneficial use, [3] establishing ambient *486 water quality standards, [4] and conducting periodic field studies of pollution levels. [5] In short, the standards found in § 403.061 are more specific than those which were held invalid in Cross Key, while the subject matter is necessarily much broader. Thus, § 403.061 provides the Department with sufficient standards enabling it to "flesh out" an articulated legislative policy, without offense to Article II, Section 3 of the Florida Constitution....
...NOTES [1] This opinion will briefly address each of the points raised by appellants. While we decline to specifically address some of the sub-issues argued by appellants, they have not been overlooked but have been considered and found to be without merit. [2] §§ 403.061(1); 403.061(5); 403.062; 403.087. [3] § 403.061(10). [4] § 403.061(11). [5] § 403.061(12)....
Cited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 518776
...Because genuine issues of material fact remain relating to the taking issue, we reverse the trial court's order. Burgess owns approximately 166 acres of wetlands at the mouth of the Choctawhatchee River, which DEP has designated an Outstanding Florida Water as authorized by section 403.061(27), Florida Statutes....
Cited 3 times | Published | Florida 1st District Court of Appeal
...Whether chapter 403 permits Falls Chase to dredge and fill without restriction in the historic basin of Upper Lake Lafayette is a question the Department of Environmental Regulation is entirely competent to decide, given its obvious regulatory jurisdiction over the pollution of lakes. Sections 403.061, .031(2), (3), Florida Statutes (1981)....
...f vegetation not tolerant of water. Given the legislature's comprehensive declaration against the menace of pollution in Florida's lakes and other waters, section 403.021, and its equally comprehensive delegation of responsibility to the Department, section 403.061, the Department certainly has "jurisdiction," in any ordinary sense of the word, to decide the issue; and chapter 120 dictates how the agency shall decide, subject to judicial review by appeal....
Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 27225
...SMITH and NIMMONS, JJ., concur. NOTES [1] Among the federal permits requiring state certification are federal dredge and fill permits issued under 33 U.S.C. § 1344. [2] The department issues 33 U.S.C. § 1341 certifications, apparently under authority of Section 403.061(21), Florida Statutes....
...hortly after 1800 Atlantic filed its application, DER adopted rule 17-3.041(i), Florida Administrative Code, designating the waters in this area of Key West "Outstanding Florida Waters" effective May 8, 1985. This designation was adopted pursuant to section 403.061(27)(a), Florida Statutes (1984 Supp.), and the newly enacted Warren S....
Cited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 394482
...s authority. Section 403.021, Florida Statutes, declares that it is the public policy of the State of Florida to protect and conserve the air and waters of the state *566 through control, regulation and abatement of activities which cause pollution. Section 403.061(14) directs the Department to establish a permit system to control and prohibit the operation of installations that may be a source of air or water pollution....
Cited 2 times | Published | Florida 1st District Court of Appeal
...Appellant maintains that this finding was supported by competent, substantial evidence, and that absent the requirement of a bond, the developers would not be able to give the requisite "reasonable assurances" required by DER's permitting process. While it is true that legal authority exists for requiring such bonds, see Section 403.061(14), Florida Statutes (1983), and Rule 17-4.11, Florida Administrative Code, the statute as phrased is permissive rather than mandatory....
...of appellant's drinking water. This finding was supported by competent, substantial evidence. Absent the requirement of a bond, the developers would not be able to give the requisite "reasonable assurances" required by DER's permitting process. See Section 403.061(14), Florida Statutes (1983), and Rule 17-4.11, Florida Administrative Code....
Cited 1 times | Published | Florida 3rd District Court of Appeal
...The sole source of water on the site is rain water which either falls immediately on the site or to the northwest. The basis upon which jurisdiction is asserted is Florida Administrative Rule 17-4.28(2) which provides in pertinent part: Pursuant to Section 403.061, 403.087 or 403.088 F.S., those dredging or filling activities which are to be conducted in, or connected directly or via an excavated water body or series of excavated water bodies to, the following categories of waters of the state to their landward extent as defined by Section 17-4.02(17), F.A.C....
...ts need to be made increasingly more stringent in the future, that respondent would have to comply. However, we believe that Chapters 28-5 and 28-6 of the Rules of the Florida Air and Water Pollution Control Commission, adopted pursuant to F.S.1967, section 403.061, F.S.A., indicated the planned sewage system is not prohibited by F.S.1967, chapter 403, F.S.A....
...To that end, Florida passed the Watershed Restoration Act ("WRA") in 1999, which bestows upon the Florida Department of Environmental Protection ("FDEP") the power and duty to develop a comprehensive anti-pollution program and adopt rules by which to implement the WRA. § 403.061, Fla....
...44, p. 846. If any reasonable doubt exists as to the lawful existence of a particular power, it should not be exercised. See, e.g., White v. Crandon, 156 So. 303 , 305 (Fla. 1934); Gessner v. Del-Air Corporation, 17 So.2d 522 (Fla. 1944). Pursuant to s. 403.061 , F.S., the Department of Environmental Regulation is authorized and charged with the duty to control and prohibit the pollution of air and water in this state in accordance with the law and rules and regulations adopted and promulgated by the department....
...All state agencies, upon direction of the department, shall make these services and facilities available. The Department of Environmental Regulation is also authorized to "[e]ncourage and conduct studies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and control." Section 403.061 (18), F.S. And see, s. 403.061 (28), F.S., which, inter alia, empowers the department to perform any other acts necessary to control and prohibit air and water pollution....
...ildlife, and marine life needs; and to ensure continuing economic and industrial growth in accordance with a sound environmental policy. § 403.021(l)-(9), Fla.Stat. (1981); see generally 22 Fla.Jur.2d Environmental Rights and Remedies § 27 (1980). Section 403.061 specifically gives DER “the power and the duty to control and prohibit pollution of the air and water in accordance with the law and rules and regulations adopted and promulgated by it.” § 403.061(l)-(27), Fla.Stat....
...ith its mandate under section 403.087, DER properly promulgated and adopted rules and regulations relating to the issuance of such permits. 11 No exemption was issued by the department in favor of GDC. Additionally, consistent with its mandate under section 403.061(11), the department also promulgated and adopted rules and regulations concerning water quality standards....
...present the state and its agencies as legal advisor in carrying out the provisions of this act.” This lends further support to GDC’s contention that appellant lacks standing to bring the section 403.-141(1) suit. Moreover, assuming arguendo that section 403.061(27) allows DER to delegate its civil enforcement authority to a state attorney, a question here we do not decide, no such delegation of authority has been made by the Secretary of DER....
...ater pollution. With respect to this latter point, the legislature has enacted Chapter 403 and clearly has intended for DER to be the state entity responsible for bringing civil actions for damages and penalties pursuant to section 403.141(1). See §§ 403.061(6); 403.121; 404.131....
...ement of the laws and administrative rules and regulations pertaining to air and water pollution. 1 The DER is charged with adopting, modifying and repealing rules and regulations to effectuate the intent and purposes of Ch. 403 , F.S. 2 Pursuant to s. 403.061 (14), F.S....
...It is the responsibility of the Department of General Services to determine whether the requirements of the State Minimum Building Codes, relating to such things as plumbing, electrical requirements, and handicapped accessibility have been met by state buildings. 1 Section 403.061 (6), F.S. (1990 Supp.). 2 Section 403.061 (7), supra ....
...tive upon expiration of its current operation permit which expires in December of 1982. GDU currently operates a sewage treatment plant at Port Malabar, Florida, which discharges treated oxygen-demanding effluents into Turkey Creek. DER, pursuant to section 403.061, Florida Statutes (1981), has the power and duty to control pollution of air and water in accordance with the laws and regulations adopted and promulgated by it....
...Aside from this one instance in the phosphogypsum management program, no one has directed us to any instance in our statutes, nor have we been able to discover on our own, where the DEP is authorized to act as a receiver or expend its appropriations to hire one. Cf. § 403.061(2) (authorizing the DEP to "[h]ire only such employees as may be necessary to effectuate the responsibilities of the department"). Section 403.061 contains an extensive list of the DEP's powers and duties, all dealing with its regulatory role in protecting Florida's natural environment....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
