House Bill 1515e1

                                          HB 1515, First Engrossed



  1                      A bill to be entitled

  2         An act relating to water pollution operation

  3         permits; amending s. 403.088, F.S.; permitting

  4         rather than requiring specified water pollution

  5         operation permits to comply with an

  6         accompanying order; authorizing the issuance of

  7         an order for the interim construction,

  8         operation, and maintenance of specified

  9         facilities under certain conditions; providing

10         procedure; providing for hearing; specifying

11         the time of commencement of such hearing;

12         requiring denial or approval of such interim

13         construction, operation, or maintenance within

14         a specified time limit; providing for the

15         period of effect of the order; providing an

16         effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Paragraph (f) of subsection (2) of section

21  403.088, Florida Statutes, is amended, and a new subsection

22  (g) is added to said subsection, to read:

23         403.088  Water pollution operation permits;

24  conditions.--

25         (2)

26         (f)  A permit issued, renewed, or reissued pursuant to

27  paragraph (e) shall be accompanied by an order establishing a

28  schedule for achieving compliance with all permit conditions.

29  Such permit may shall require compliance with the accompanying

30  order.

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1515, First Engrossed



  1         (g)  The Legislature finds that the restoration of the

  2  Everglades Protection Area, including the construction,

  3  operation, and maintenance of stormwater treatment areas

  4  (STAs) is in the public interest. Accordingly, whenever a

  5  facility to be constructed, operated, or maintained in

  6  accordance with s. 373.4592 is subjected to permitting

  7  requirements pursuant to chapter 373 or chapter 403, and the

  8  issuance of the initial permit for a new source, a new

  9  discharger, or a recommencing discharger is subjected to a

10  request for hearing pursuant to s. 120.569, the administrative

11  law judge may, upon motion by the permittee, issue a

12  recommended order to the secretary who, within 5 days, shall

13  issue an order  authorizing the interim construction,

14  operation, and maintenance of the facility if it complies with

15  all uncontested conditions of the proposed permit and all

16  other conditions recommended by the administrative law judge

17  during the period until the final agency action on the permit.

18         1.  An order authorizing such interim construction,

19  operation, and maintenance shall be granted if requested by

20  motion and no party opposes it.

21         2.  If a party to the administrative hearing pursuant

22  to ss. 120.569 and 120.57 opposes the motion, the

23  administrative law judge shall issue a recommended order

24  granting the motion if the administrative law judge finds

25  that:

26         a.  The facility is likely to receive the permit; and

27         b.  The environment will not be irreparably harmed by

28  the construction, operation, or maintenance of the facility

29  pending final agency action on the permit.

30         3.  Prior to granting a contested motion for interim

31  construction, operation, or maintenance of a facility


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1515, First Engrossed



  1  authorized by s. 373.4592, the administrative law judge shall

  2  conduct a hearing using the summary hearing process defined in

  3  s. 120.574, which shall be mandatory for motions made pursuant

  4  to this paragraph.  Notwithstanding the provisions of s.

  5  120.574(1), summary hearing proceedings for these facilities

  6  shall begin within 30 days of the motion made by the

  7  permittee. Within 15 days of the conclusion of the summary

  8  proceeding, the administrative law judge shall issue a

  9  recommended order either denying or approving interim

10  construction, operation, or maintenance of the facility, which

11  shall be submitted to the secretary who shall within 5 days

12  thereafer, enter an order granting or denying interim

13  construction operation or maintenance of the facility. The

14  order shall remain in effect until final agency action is

15  taken on the permit.

16         Section 2.  This act shall take effect upon becoming a

17  law.

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  3