(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 ยง
373.4146,
F.S.
