HomeMy WebLinkAbout2016 - Petroleum IncidentJeanette Williams
From:
Frank Watanabe
Sent:
Wednesday, September 28, 2016 8:01 AM
To:
Joseph Griffin; Kenneth Killgore; Jeanette Williams; Wayne Eseltine; Tim Walker
Cc:
Phillip Patricide, Blake Brinkley; Michelle Stromberg
Subject:
FW: Emergency Rule - CavCorp Incident
Joe,
Per this new rule by the Governor on the discovery of pollutants which became effective 9/26/2016, 1 believe we have
followed this new rule for our current incident at CavCorp. We have:
• Contacted DEP (David Maher) within 24 hour period
• Coordinated with County Health (Charles Vogt) within 24 hr.
• Contacted our other local Dept. on this incident (CM, PW and PD)
• Secured the area with additional signs stating "Restrictive Area Authorized Personnel Only"
Since the area of concern is within a construction zone and not adjacent to any local properties, we filled in the
excavation to secure the site until we got direction from DEP. Per direction from DEP to do sampling and testing to
determine the level of impact, we contacted an environmental firm to assist us. Sampling and testing is scheduled for
today Wed 9/28 to collect samples, tests and determine if any remediation is required per DEP. The only item we did
not address was informing the public since we do not know the level of impact, but since the warning signs were
installed the next day, I would consider this as notifying the public of this impacted area.
Frank Watanabe
City Engineer
From: Jeanette Williams
Sent: Tuesday, September 27, 2016 5:04 PM
To: Frank Watanabe; Wayne Eseltine
Subject: Emergency Rule
Good afternoon EENR Members—
Yesterday Governor Scott announced he was directing the Department of Environmental Protection ("DEP") to adopt an
emergency rule requiring the owner or operator of any "installation" to provide notice to DEP, local government officials
and the public whenever there is an incident or discovery of pollution at an installation. DEP issued notice of this
emergency rule today, along with a notice of rule development. These notices are provided below (click on the link to
access the full notice and DEP contact information). The Governor's directive stems from recent incidents at a phosphate
mine and from sewage spillages following Hurricane Hermine, but the emergency rule will apply statewide and is
effective as of September 26, 2016.
The rule is of interest to municipal governments for two primary reasons. First, the rule requires an owner or operator
of an installation provide notice within 24 hours of an incident or discovery of an incident, to mayors, city managers, and
the public in the affected area. Second, municipalities that are owners or operators of an "installation" where an
incident occurs, are themselves subject to the notice requirement. The term "installation" is defined by Rule 62-4.020 as
,any structure, equipment, facility, or appurtenances thereto, operation or activity which is or may be a source of
pollution as defined in Chapter 403, F.S. Installation includes dredging and filling as these terms are defined in Section
403.911, F.S." Section 408.031(7), F.S., defines "pollution" as "the presence ... of any substances, contaminants, noise,
or manmade or human -induced impairment of air or waters, or the alteration of the ... integrity of air or water in
quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant
life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation . .
The emergency rule does not define the term "affected area" and does not provide further guidance for determining
the geographic extent of an "affected area."
The Governor also indicated that he would seek legislation in the 2017 session to codify this notification requirement in
statute. In the meantime, the emergency rule set forth below is in effect.
Notice of Development of Rulemaking
Department: Department of Environmental Protection
Division: Departmental
Rule No.: 62-4.161
Purpose: The Department of Environmental Protection (Department) is developing a new rule in Chapter 62-4, F.A.C., to
require owners and operators of any installation to provide notice to the Department, local government officials, and
the public whenever there is an incident or discovery of pollution at an installation within 24 hours. In addition, the
owner and operator would be required to provide a subsequent notice within 48 hours that describes any potentially
affected areas beyond the property boundary of the installation, and the potential risk to public health, safety, or
welfare. The owners and operators are required to notify the Department, local government officials, and the property
owner within 24 hours of becoming aware that pollution from an installation has affected areas beyond the property
boundaries of the installation.
https://www.firules.org/gatewav/View Notice.asp?id=18055597
Notice of Emergency Rule
Department: Department of Environmental Protection
Division: Departmental
Rule No.: 62ER16-1
Rule Titles: Public Notice of Pollution
https:/Iwww.firules.org/gateway/View Notice.asp?id=18054627
THE FULLTEXT OF THE EMERGENCY RULE IS:
62ER16-01Public Notice of Pollution
Any owner or operator of any installation who has knowledge of any pollution at such installation shall provide notice of
the pollution as follows:
(1)Within 24 hours of the occurrence of any incident at an installation resulting in pollution, or the discovery of
pollution, the owner or operator shall notify the Department and the following persons, in writing, of such pollution:
(a)The mayor, the chair of the county commission, or the comparable senior elected official representing the affected
area.
(b)The city manager, the county administrator, or the comparable senior official representing the affected area.
(c)The general public by providing notice to local broadcast television affiliates and a newspaper of general circulation in
the area of the contamination.
(2)Within 48 hours of the occurrence of any incident at an installation resulting in pollution, or the discovery of
pollution, the owner or operator shall notify the Department and persons identified in (1)(a) through (1)(c), in writing, of
any potentially affected areas beyond the property boundaries of the installation, and the potential risk to the public
health, safety, or welfare.
(3)Within 24 hours of becoming aware of pollution from an installation that has affected areas beyond the property
boundaries of the installation, the owner or operator shall notify, in writing, the property owner of any affected area,
the Department, and the persons identified in (1)(a) through (1)(b).
(4)Such notification to the Department shall be accomplished by submitting an email to
pollution. notice @dep.state.fl.us.
(5)Failure to provide this notification shall be considered a violation and subject to penalties for purposes of Section
403.161, Florida Statutes.
Rulemaking Authority 377.22(2), 403.061(7), 403.061(8), 403.062, 403.855(1), 403.861(9) FS. Law Implemented 377.21,
377.371, 403.061(16), 403.061(17), 403.061(18), 403.062, 403.855(3), 403.861(9) FS. History -New 9-26-16.
THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS
SPECIFIED IN THE RULE.
EFFECTIVE DATE: 09/26/2016
Regards,
Rebecca O'Hara, Esq.
Sr. Legislative Advocate
Florida League of Cities
Office: 850.222.9684
Mobile: 850.339.6211