Mission
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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
(CEAC), 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
re-codified as 84-446, Laws of Florida, as amended (Enabling
Act and Rule link). 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. |
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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 proceedings 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 $5,000 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.
EPC and DEP Penalty Guidelines and Matrices (please contact EPC
staff for the most up to date guidelines and matrices, as they are
subject to change by the EPC or DEP)
Administrative Proceedings
Usually, administrative proceedings are less time consuming and less
expensive than 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
Legal Related Links
Online Sunshine -The
Official Guide to the State of Florida Legislature
OGC
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Florida Department of Environmental
Protection Office of General Counsel
Legislative Summary - EPC interim 2009 Legislative Summary
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