A previous Gunster alert (“Over 40 new criteria being considered for addition to state water quality standards“) informed Gunster clients and friends of the firm that the Florida Department of Environmental Protection was considering health-based water quality criteria rules that could have a major economic impact on dischargers to waters in Florida.
However, Gunster attorneys, clients, consultants and other stakeholders helped persuade the DEP to amend its draft rule, reducing its economic impact while still protecting public health. Serious concerns were raised during the rule development process, particularly relating to accounting for fish actually consumed by the public from Florida waters.
The revised criteria will substantially minimize the impact on permittees in Florida while continuing protection of waters.
The DEP is planning to bring the revised rule to the Environmental Regulation Commission for adoption in January. If public comments warrant, another ERC briefing may be held in December, but that appears unlikely at this point.
Gunster attorneys have been following these important rules very closely. Please contact our Environmental & Land Use practice attorneys for more information.
The following criteria are also facing proposed revision by the DEP:
Dissolved oxygen
The DEP is also proposing revisions to its dissolved oxygen criteria, to be brought to the ERC for adoption in January. These changes help to adapt an out-of-date rule to better reflect environmental conditions natural to Florida. This revised criteria would provide greater flexibility in permitting.
Turbidity
The turbidity standard (clarity of water) is in the process of being revised to allow more flexibility on beach renourishment projects. It would reduce the cost of renourishment projects, which are important to Florida’s economy.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication. Established in 1925, Gunster is one of Florida’s oldest and largest full-service law firms. The firm’s clients include international, national and local businesses, institutions, local governments and prominent individuals. Gunster maintains its presence in Florida with offices in Fort Lauderdale, Jacksonville, Miami, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach and its headquarters in West Palm Beach. Gunster is home to more than 165 attorneys and 200 committed support staff, providing counsel to clients through 18 practice groups including banking & financial services; business litigation; construction; corporate; environmental & land use; government affairs; health care; immigration; international; labor & employment; leisure & resorts; private wealth services; probate, trust & guardianship litigation; professional malpractice; real estate; securities and corporate governance; tax; and technology & entrepreneurial companies. Gunster is ranked among the National Law Journal’s list of the 250 largest law firms. |
