Page 101 - Akerman | 2016 Guide to Doing Business in Florida

Section 404 of the CWA is a permitting program to regulate discharges into U.S. waters,
including wetlands, of dredge and fill materials, which can include dirt, gravel, tree stumps, and
other solid materials. The Army Corps of Engineers has the direct authority to process the
permit applications; EPA comments on the permit applications, can veto a permit the Corps
intends to issue, and has the authority to enforce these provisions of the Clean Water Act.

Section 311 provides requirements for preventing, reporting and responding to spills of oil or
hazardous substances into waters of the U.S. EPA implements this program in partnership with
the Coast Guard. Following the Exxon Valdez tragedy, EPA’s authority was further streamlined
and strengthened by passage of the Oil Pollution Act of 1990.

10.3 State Environmental Laws Considerations
Florida has one of the most comprehensive environmental regulatory programs in the United States. A
number of state agencies and local governments in Florida implement various regulatory programs to
protect Florida’s diverse ecology and promote responsible development, industrial, and agricultural
activities within the state. Below is a general summary of the primary environmental agencies and
regulations within Florida.

10.3.1 Agencies
(a) Florida Department of Environmental Protection (“FDEP”). FDEP is Florida’s
lead environmental regulatory agency. FDEP is charged with protecting
Florida’s air, land, water and natural resources pursuant to certain Florida
Statutes and implementing regulations in the Florida Administrative Code, as
set forth in further detail below. In addition, FDEP carries out certain federal
environmental programs pursuant to delegated authority from the EPA.

FDEP works closely with other state agencies and local governments (both
county and municipal authorities) to implement its broad environmental
regulatory programs. FDEP has the authority to delegate certain programs
(including certain water, natural resources, waste management, hazardous
materials, and petroleum programs) to specific qualifying local governments,
who then implement such environmental programs, via FDEP-approved local
ordinances, and codes.

Further, FDEP has oversight authority over Florida’s water resources. FDEP
generally oversees the five (5) independent Florida Water Management
Districts, which have significant regulatory authority over activities involving
surface waters and groundwater, including the regulation of wetlands,
stormwater, and consumptive water use/pumping (of both ground and
surface waters), within the respective water basins of the Florida. FDEP also
coordinates the state’s coastal management by serving as a clearinghouse for
all information and research and providing requested assistance to coastline
local governments that are developing coastal zone protection plans. FDEP
has comprehensive rulemaking authority which extends to administrative
regulation and enforcement activities. Rulemaking and rule challenges,
licensing, declaratory statements, and “decisions affecting substantial interest”
concerning FDEP and other state agencies are generally heard by
administrative law judges within the Florida Department of Management
Services, Division of Administrative Hearings (“DOAH”) pursuant to the Florida

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