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.
Notes
Fla. Admin.
Code Ann. R. 62-330.360
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 by
Florida
Register Volume 44, Number 085, May 1, 2018 effective
6/1/2018.
New 10-1-13, Amended
6-1-18.
