The EPC Legal Department functions as counsel for the
Commission, the Executive Director, and staff in all aspects of agency activities.
Generally, the Legal Department interprets, implements, and enforces local, state, and
federal environmental regulations, assists staff in developing programs to prevent
environmental problems from occurring and in negotiating resolutions when they do. The
department also assists in permit reviews, the development and adoption of local
regulations, provides administrative support to the Citizens Environmental Advisory
Committee, drafts and reviews contracts, and attends meetings as requested by staff or
the Commission.
EPC was originally created by the Florida Legislature in
1967 [Chapter 67-1504, Laws of Florida], and its enabling legislation was later
recodified as 84-446, Laws of Florida, as amended (Enabling Act). EPC is an approved
local pollution control program under Section 403.182 Florida Statutes, and has
continuing General Agreements and Specific Operating Agreements with the Florida
Department of Environmental Protection (DEP) which provide for coordination and
delegation of certain state and federal programs. In addition, EPC has several
contracts and memorandums of understanding with various agencies to streamline and
improve regulatory effectiveness. The Legal Department assists in maintaining these
agreements and in working with the Hillsborough County Legislative Delegation in the
development of statewide environmental policy. The Legal Department also helps to
coordinate the Commission's programs with other agencies and/or private entities.
Enforcement
Failure to comply with environmental regulations
impacts the resources of the county and its citizens. Enforcement of regulations
in a manner designed to bring about immediate and continued compliance with EPC's
Enabling Act and rules is essential. Enforcement activities can be administrative
procedures or civil actions before a court of competent jurisdiction. Compliance
can also be compelled through the prosecution of environmental crimes, and
although the EPC Legal Department does not prosecute these crimes, it serves as an
agency liaison with law enforcement and prosecutors.
Standard enforcement procedures involve identification of
a possible problem, and communication with the responsible party to determine the
facts. Where correction occurs promptly,
many times
further enforcement action is usually not necessary.
Warning Notices or warning letters are often sent to the responsible party to be
certain that they are aware of the concern and given an opportunity to correct it.
Often, a case can be resolved through a negotiated settlement (e.g. - Consent Order,
Short Form Consent Order, or Settlement Letter) specifying the corrections that are
agreed upon, a time frame for implementing them, and provisions to recover agency
enforcement costs, along with a monetary settlement in lieu of a civil penalty.
Settlement contributions are made to the Pollution Recovery Fund. The Enabling Act
provides for civil penalties of up to $5000 per violation per day and Chapter 403
provides for civil penalties of up to $10,000 per violation per day. Where settlement
cannot be agreed upon, the Executive Director is responsible for pursuing civil law
suits or issuing a Citation or a Notice of Violation, which is a formal administrative
finding of violation.
Administrative Proceedings
Usually, administrative proceedings are less time
consuming and less expensive then civil litigation. Administrative proceedings can
be requested as a result of a disputed citation or permitting decision. The
proceedings, similar to a civil trial, are typically held before a
Commission-appointed Hearing Officer or a Florida Division of Administrative
Hearings' Administrative Law Judge. The provisions of Chapter 1-2, Rules of the
Commission, set out the various procedures that apply. The Legal Department
defends the actions of the agency in administrative proceedings requested by
others when challenging a permitting or enforcement decision. However, there are
occasions when an administrative proceeding before another agency is requested by
the Legal Department on behalf of the Commission or its Executive Director to
challenge that agency's decision. As part of the EPC intergovernmental
coordination with Hillsborough County via the "Water Resource Team", EPC works
closely with local governments, the Water Management District, and Tampa Bay Water
to ensure sound water supply projects do not impact the environment. In an effort
to expedite water supply related disputes, the EPC and the County may arbitrate
certain permits applied for by Tampa Bay Water.
Litigation
In addition to administrative processes, the
Commission and the Executive Director are authorized by the Enabling Act to file a
civil suit in court to enforce compliance with its Act and regulations.
Enforcement can be undertaken jointly with the other regulatory agencies, such as
the DEP and the U.S. Environmental Protection Agency. EPC is also a participating
member of the Tampa Bay Environmental Crimes Task Force. This task force brings
together local, state, and federal regulatory or law enforcement agencies with
state and federal prosecutors for the purpose of investigating and prosecuting
environmental crimes. Settlement prior to litigation frequently results in
achieving compliance more rapidly and less costly than can be expected through
litigation. The EPC may consider settlement after the commencement of
litigation, typically through a Consent Final Judgment, but the costs increase
considerably if the EPC is forced to litigate.
Contact EPC
Legal Department:
3629 Queen Palm Dr.
Tampa, FL 33619
Phone: (813) 627-2600
Fax: (813) 627-2602
