12650078, 62S-6.009 - Florida Administrative Rules, Law, Code, Register

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Notice: 12650078

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division:

Office of the Secretary

Chapter:

Pollutant Discharge Act

Overview

RULE:

62S-6.009	Application of Definitions
62S-6.012	Discharge Cleanup Organization; Approval
62S-6.022	Notification of Pollutant Discharge
62S-6.033	Terminal Facility Discharge Contingency Plan
62S-6.034	Additional Equipment to Cleanup a 10,000 Gallon Pollutant Discharge

PURPOSE:

The purpose of this amendment is to make the appropriate changes to Chapter 62S-6, F.A.C. In Rule 62S-6.009, F.A.C., subsections 62S-6.009(1), (3)-(25) and (27)-(31), F.A.C., will be repealed since they are no longer used in the rule or restate the statute; subsections (2) and (26) will be appropriately renumbered.  In Rule 62S-6.012, F.A.C., pursuant to Section 120.55(1)(a)4., F.S., the Form: Application for Approval as a Discharge Cleanup Organization will be incorporated into subsection 62S-6.012(1), F.A.C., and the reference to Rule 62N-16.026, F.A.C., will be removed since this rule has been repealed.  In addition, the Department will provide for electronic retrieval and submittal of the Form: Application for Approval as a Discharge Cleanup Organization.  Furthermore, subsections 62S-6.012(3) and (5), F.A.C., will be removed since they duplicate the statute.  In Rule 62S-6.022, F.A.C., the references to the Florida Marine Patrol in subsections 62S-6.022(1) and (2), F.A.C., will be removed since it no longer exists and will be replaced with the State Watch Office at (850) 413-9911.  Furthermore, the reference to Section 370.07, F.S., in the rulemaking authority section will be moved since it is incorrect and will be replaced with the correct citation of Section 376.07, F.S.  In Rule 62S-6.033, F.A.C., the reference to October 1, 1992 in subsection 62S-6.033(1), F.A.C., shall be removed since this date is no longer valid.  Furthermore, the references to the Florida Marine Patrol in sub-subparagraphs 62S-6.033(1)(b)3.a. and (1)(c)3.a., F.A.C, will be removed since it no longer exists and will be replaced with the State Watch Office at (850) 413-9911.  Additionally, subsection 62S-6.033(4), F.A.C., will be repealed.  This is due to the fact that Rule 62N-16.036, F.A.C., Vessel Spill Contingency Plan, which is the contingency plan referenced in subsection 62S-6.033(4), F.A.C., no longer exists.   Finally, in Rule 62S-6.034, F.A.C., paragraph 62S-6.034(1)(a), F.A.C., will be deleted because Section 376.065(3), F.S., already details the boom requirements.

SUBJECT:

The rule amendments will do the following: incorporate the appropriate form into the rule, allow for electronic retrieval and submittal of a form, replace an entity from the rule that no longer exists with the appropriate one, correct a citation in the rulemaking authority, remove certain rule references that no longer exist and repeal certain subsections and sub-subparagraphs that are no longer valid.

RULEMAKING AUTHORITY:

376.07 F.S.

LAW:

376.031, 376.065, 376.07, 376.09, 376.12 F.S.

PRINT PUBLISH DATE:

2/20/2013 Vol. 39/35

RELATED STATUTES
AND LAWS:

376.07 F.S., 376.031, 376.065, 376.07, 376.09, 376.12 F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62S-6.009&PDate=2/20/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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