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FDEP Issues Order to Restore Structural Damage Post Hurricane

Property Owners and Public and Private Entities:

On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated widespread devastation across Florida caused by Hurricane Irma. In order to respond to the imminent or immediate danger to the public health, safety, and welfare of the citizens of the State of Florida, FDEP provided an order to allow property owners and public and private entities to repair, replace, and restore structures, equipment, surface water management systems, works, and other systems damaged by the hurricane without obtaining prior permits, which would cause significant delays. The following regulated areas are impacted by the Order:

Waste Management
o Storage Tank Systems
o Solid Waste Management
o Hazardous Waste Management

Air Resource Management

o Air Curtain Incinerators
o Open Pile Burning
o Other Air Pollution Sources
o Asbestos Cleanup

Water Resource Management
o Env. Resource, Dredge, and Fill, and Surface Water Management Activities
o Costal Construction Control Line Activities
o NPDES Stormwater Construction Permitting Activities
o State Owned Submerged Lands
o Wastewater and Water Plants and Systems

The Order took effect immediately and expires on October 4, 2017, unless modified or extended further by another order. Some work may require field authorization. For assistance in interpreting when field authorization is required or how the Order may affect your property and/or business, please contact Howard E. Nelson, or Cristina A. Lumpkin.

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