Judge rejects DEP’s pollution notifications

TALLAHASSEE — I n a vi ctory for business groups, an administrative law judge Friday ruled that the Florida Department of Environmental Protection overstepped its authority in proposing new requirements for notifying the public when pollution occurs.

The department proposed the notification requirements after high-profile pollution incidents involving a sinkhole at a phosphate plant in Polk County and sewage discharges into Tampa Bay.

But Associated Industries of Florida, the Florida Farm Bureau Federation, the Florida Retail Federation, the Florida Trucking Association and the National Federation of Independent Busi- ness challenged the proposed persons to notify entities rule in the state Division of other than DEP when there Administrative Hearings. is a release of a contami

Judge Bram D.E. Canter nant,” Canter wrote. issued a 21-page order FriThe proposed rule came day siding with the business after incidents that included groups’ arguments that the a s i n k h o l e o p e n i n g a t a department does not have Mosaic fer tilizer plant in authorit y under state law Polk Count y and sending to impose the notification contaminated water into the requirements on people or Floridan Aquifer. Also, it folbusinesses responsible for lowed St. Petersburg spilling pollution releases. In part, large amounts of sewage into the arguments dealt with Tampa Bay after Hurricane proposed requirements for Hermine. notifying the public through The proposal called for the news media. such pollution incidents to

Canter wrote that state law be reported to the Departonly requires that the Department of Environmental Proment of Environmental Protection, the news media and tection be notified about incilocal governments within dents such as spills or con24 hours. tamination. Also, the proposed rule

“There is no statute that included notifying adjacent specifically authorizes DEP to property owners when poladopt a rule which requires lution travels off-site.