An industry challenge to the Florida Department of Environmental Protection's pollution notification rule (Rule 62-4.161, F.A.C.) was successful.
Administrative Law Judge Bram D. E. Canter issued a Final Order on December 30, 2016, finding the rule was an invalid exercise of delegated legislative authority.
The pollution notification rule would have required a person to report certain types of releases of pollution to FDEP, the media and the local government within certain deadlines or face penalties and fines.
The judge agreed with the industry petitioners that FDEP lacked statutory authority for this rule requiring notification to the media and local governments.
An earlier issued emergency rule, which had been renewed to stay in effect during the industry’s challenge, also expired with the December 30, 2016, Final Order invalidating the pollution notification rule.
With the rule invalidated, it will be up to the Florida Legislature to decide whether to grant the authority to FDEP for adopting a similar rule.
If you have any questions about the invalidated rule, please contact Greg Munson at 850-521-1980 or gmunson@gunster.com.
