Attachment_3_-_Emergency_Final_Order_OGC_No._18-1335_6Dec2018.pdf

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In re:

EMERGENCY AUTHORIZATION FOR

REPAIRS, REPLACEMENT,

RESTORATION, AND CERTAIN

OTHER MEASURES MADE NECESSARY

BY HURRICANE MICHAEL

OGC NO. 18-1335

SECOND AMENDED AND RESTATED EMERGENCY FINAL ORDER

Under Sections 120.569(2)(n), 252.36 and 252.46, Florida Statutes, and upon consideration of the State of Florida Executive Order Nos. 18-276, 18-277 and 18-360 and the following findings of fact, the State of Florida Department of Environmental

Protection (Department) enters this Second Amended and Restated Emergency Final

Order (Order), including Findings of Fact and Conclusions of Law, in response to the imminent or immediate danger to the public health, safety, and welfare of the citizens of the State of Florida caused by Hurricane Michael (hereinafter "Hurricane"). This Second

Amended and Restated Emergency Final Order restates, amends and extends the provisions of the Emergency Final Order issued on October 8, 2018 and amendment issued on November 9, 2018.

FINDINGS OF FACT

1 . On October 8, 2018, Hurricane Michael formed off the coast of Mexico and headed northward into the Gulf of Mexico strengthening rapidly as it approached the

Florida Panhandle. On October 10, 2018, Hurricane Michael made landfall near Mexico

Beach, Florida as a Category 4 Hurricane and one of the most intense Atlantic hurricanes to make landfall in the United States with maximum sustained winds of approximately 155 miles per hour. The Hurricane brought dangerous storm surge, rainfall, strong winds, hazardous seas, and tornadic activity for portions of Florida's northern Gulf Coast. The

Hurricane caused widespread damage within the following counties: Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson, which shall constitute the specific area covered by this

Order. This area shall herein be referred to as the "Emergency Area."

2. By State of Florida Executive Order Nos. 18-276, 18-277 and 18-360, the

Governor declared that a state of emergency exists throughout Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson, counties, based upon the serious threat to the public health, safety and welfare posed by the Hurricane.

3. The Department finds that the Hurricane creates a state of emergency posing an imminent danger to the public health, safety, welfare and property throughout the Emergency Area. As a result of the emergency, immediate action by Florida's citizens and government may be necessary to repair, replace and restore structures, equipment, surface water management systems, works, and other systems damaged by the

Hurricane.

4. The Department finds that an emergency authorization is required to address the need for immediate action because the normal procedures for obtaining the necessary authorizations would not result in sufficiently timely action to address the emergency.

5. The Department finds that immediate, strict compliance with the provisions of the statutes, rules, or orders noted within this Order would prevent, hinder, or delay necessary action in coping with the emergency, and that the actions authorized under this

Order are narrowly tailored to address the immediate need for action and are procedurally appropriate under the circumstances.

CONCLUSIONS OF LAW

1. Based on the findings recited above, it is hereby concluded that the emergency caused by the Hurricane poses an immediate danger to the public health, safety, or welfare and requires an immediate order of the Department.

2. Under State of Florida Executive Order Nos. 18-276, 18-277 and 18-360, and Sections 120.569(2)(n), 252.36 and 252.46, Florida Statutes, the Secretary or designee of the Department is authorized to issue this Order.

3. Suspension of statutes and rules as noted within this Order is required so as not to prevent, hinder, or delay necessary action in coping with the emergency.

THEREFORE, IT IS ORDERED:

A. WASTE MANAGEMENT

Within the Emergency Area:

1. Storage Tank Systems

a. Owners and operators of storage tank systems, regulated under Chapters

62-761 and 62-762, Florida Administrative Code, and their licensed engineers and contractors, are authorized to make all necessary repairs to restore essential services and repair or replace (as necessary) all structures, equipment, and appurtenances of the systems to their pre-Hurricane permitted or registered condition without prior notice to the

Department. Within 30 days of commencing the work of such repair or replacement, however, the owner or operator shall notify the Department in writing, describing the nature of the work, giving its Department Facility Identification Number for the location, and providing the name, address, and telephone number of the representative of the owner or operator to contact concerning the work.

b. Petroleum Contact Water: Owners and operators of underground petroleum storage tank systems impacted by the Hurricane are authorized to discharge petroleum contact water, as defined in Rule 62-740.030, Florida Administrative Code, to impervious surfaces under the following conditions for only the first 30 days from the initial issuance date of this Order:

( 1) No discharge shall exceed 25 gallons in volume;

(2) There shall be no visible sheen, sludge or emulsion in the petroleum contact water;

(3) The discharge shall not reach a surface water of the state or stormwater management system.

The removal of petroleum contact water not meeting the above criteria shall be removed by vacuum truck for proper disposal pursuant to Chapter 62-740, Florida

Administrative Code, or by separate authorization by contacting the Department's

Division of Waste Management by mail at 2600 Blair Stone Road, Mail Station 4525, Tallahassee, Florida 32399-2400 or telephone at 850/245-8842.

2. Solid Waste Management

a. Field authorizations may be issued prior to or following a site inspection by

Department personnel or a delegated local program for staging areas (also referred to as

DDMSs - Disaster Debris Management Sites) to be used for temporary storage and chipping, grinding or burning of Hurricane-generated debris. Field authorizations should be requested by the local, state or federal government entity responsible for disaster debris management within the jurisdiction and may be requested by providing a notice to the local office of the Department containing a description of the staging area design and operation, the location of the staging area, and the name, address, and telephone number of the site manager. Written records of all field authorizations shall be created and maintained by Department staff. Field authorizations may include specific conditions for the operation and closure of the staging area and may include a required closure date which extends beyond the expiration date of this Order. Staging areas shall avoid wetlands and other surface waters to the greatest extent possible; such areas that are used or affected must be fully restored upon cessation of use of the area. Staging areas must cease operation, and all Hurricane-generated debris must be removed from the site by the date specified in the field authorization. Failure to comply with the conditions of the field authorization, or failure to adequately close the site by the required closure date, may result in enforcement actions by the Department. Field authorizations issued prior to the effective date of this Order remain in effect but may be modified by the Department to include conditions and closure dates as specified herein.

b. Hurricane-generated vegetative debris which is managed at an authorized staging area may be disposed of in permitted lined or unlined landfills, permitted land clearing debris facilities, or permitted construction and demolition debris disposal facilities. Such vegetative debris may also be managed at a permitted waste processing facility or a registered yard trash processing facility in accordance with the terms of the applicable rules and permit conditions.

c. Construction and demolition debris that is mixed with other Hurricane-generated debris need not be segregated from other solid waste prior to disposal in a lined landfill. Construction and demolition debris that is either source-separated or is separated from other Hurricane-generated debris at an authorized staging area, or at another area specifically authorized by the Department, may be managed at a permitted construction and demolition debris disposal or recycling facility upon approval by the

Department of the methods and operational practices used to inspect the waste during segregation.

d. Except as otherwise specifically provided herein, Hurricane-generated debris shall be disposed of in a Class I landfill or, except for asbestos-containing materials, in a waste-to-energy facility. Non-recyclables and residuals generated from segregation of

Hurricane-generated debris shall also be disposed of in a Class I landfill or waste-to energy facility.

e. Ash residue generated from incineration or burning of Hurricane-generated vegetative debris in accordance with Section B of this Order may be disposed of in a permitted disposal facility or may be land spread in any areas approved by local government officials except in wellfield protection areas or water bodies.

f. Ash from the combustion of other Hurricane-generated debris shall be disposed of in a Class I landfill. Metals or other non-combustible materials segregated from the ash residue may also be disposed of in an unlined, permitted landfill.

g. Unsalvageable refrigerators and freezers containing solid waste such as rotting food that may create a sanitary nuisance may be disposed of in a Class I landfill, provided, however, that chlorofluorocarbons and capacitors must be removed and recycled to the greatest extent practicable using techniques and personnel meeting the requirements of 40 CFR Part 82.

h. Permitted landfills, waste-to-energy facilities, and transfer stations which accept Hurricane-generated debris in accordance with the terms of this Order may accept

Hurricane-generated debris for disposal or storage without the need to first modify existing solid waste permits or certifications. Operators of landfills shall seek modifications of their existing permits to address any long-term impacts of accepting

Hurricane-generated debris on operations and closure that are not addressed in existing permits. Long-term impacts are those which will extend past the expiration date of this

Order. The requests for modification shall be submitted as soon as possible, but no later than the expiration date of this Order. No permit fee will be required for any modifications necessitated solely by the Hurricane cleanup activities. This paragraph does not authorize the permanent lateral or vertical expansion of any facility beyond its permitted limits.

i. Domestic wastewater biosolids may be disposed of in Class I landfills even if such biosolids meet the definition of a liquid waste found in Rule 62-701.200(72), Florida

Administrative Code, provided that such disposal is approved in advance by the

Department and that the material is managed to the extent practicable so as to minimize liquid content, odors and runoff.

j. An air curtain incinerator may be used at any staging area, permitted landfill, waste-to-energy facility, registered yard trash processing facility, or transfer station so long as the air curtain incinerator is located at least 300 feet from any occupied building and 50 feet from any wildlands, brush, combustible structure, or paved public roadway and the operation of the air curtain incinerator is authorized under the authority of the

Florida Forest Service within the Department of Agriculture and Consumer Services. The use of an air curtain incinerator must also meet the requirements of subsection B.1. of this Order.

k. Open pile burning may be conducted at any staging area other than staging areas located at permitted landfills or permitted disposal facilities, so long as the pile burn is located at least 300 feet from any occupied building, 100 feet from any paved public roadway, and 50 feet from any wildlands, brush, or combustible structure and the open pile burning is managed or authorized under the authority of the Florida Forest Service within the Department of Agriculture and Consumer Services. Open pile burning must also meet the requirements of subsection B.2. of this Order.

3. Hazardous Waste Management

A blanket approval of time extensions under Chapter 62-730, Florida

Administrative Code, is necessary within the Emergency Area for hazardous waste generators for the storage of their hazardous wastes on-site, pending the cleanup of any

Hurricane damage and restoration of essential services. The rules authorize a 30-day extension because of unforeseen and uncontrollable circumstances such as the

Hurricane. Therefore, to avoid having to issue a potentially large number of individual approvals on a case-by-case basis and waste limited agency resources during the time of emergency, the Department authorizes a general extension of time of 30 days from the expiration of this Order for all such hazardous waste generators within the Emergency

Area for the storage of their hazardous wastes on-site.

4. Mineral Oil Dielectric Fluid (MODEF) Discharges

A blanket approval of time extensions under Rule 62-780.550, Florida

Administrative Code, is necessary within the Emergency Area for responding to and completing the cleanup of mineral oil dielectric fluid (MODEF) discharges from electric power generation, transmission, and distribution facilities damaged by the Hurricane within the Emergency Area. The Department authorizes a general extension of time of 30 days from the date of discovery of a nonpetroleum de minimis discharge (for a total of 60 days from the discovery of the discharge) for responding to and completing cleanup of

MODEF discharges from electric power generation, transmission, and distribution facilities damaged by the Hurricane within the Emergency Area in accordance with the applicable provisions of Chapter 62-780, Florida Administrative Code. However, all other provisions of Rule 62-780.550, F.A.C., such as the record keeping requirements, apply.

B. AIR RESOURCE MANAGEMENT

Within the Emergency Area:

1. Air Curtain Incinerators

a. Air curtain incinerators may be used in the Emergency Area for a period of up to six months without a Department-issued air permit under the following circumstances:

(1) Local governments or their agents may conduct the burning of Hurricane-generated yard trash, other vegetative debris, and untreated wood from construction and demolition debris in air curtain incinerators in accordance with the provisions of Section

403. 7071 (6), Florida Statutes. Local governments or their agents n:iay use an air curtain incinerator at Department-authorized staging areas so long as they meet the operating requirements detailed in paragraphs 8.1.b. through 8.1.g. of this Order.

(2) Property owners may use an air curtain incinerator to combust Hurricane-generated yard trash and vegetative debris that was collected on-site so long as they meet the operating requirements detailed in paragraphs B.1.b. through B.1.g. of this

Order.

(3) Owners and operators of Class I landfills, waste-to-energy facilities, registered yard trash processing facilities, and transfer stations may use an air curtain incinerator to combust Hurricane-generated yard trash and vegetative debris so long as they meet the operating requirements detailed in paragraphs B.1.b. through B.1.g. of this

Order.

b. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emission. The following dimensions for the pit must be strictly adhered to: no more than twelve feet (12') wide, between eight feet (8') and fifteen ( 15') feet deep, and no longer than the length of the manifold. Waste material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air curtain. Ash shall not be allowed to build up in the pit higher than one-third the pit depth or to the point where the ash begins to impede combustion, whichever level is lower.

c. Refractory-lined air curtain incinerators may operate 24 hours per day. Air curtain incinerators without refractory-lined walls may operate 24 hours per day provided reasonable efforts are made to prevent nuisance smoke.

d. Air curtain incinerators must be located at least 300 feet from any occupied building and 50 feet from any wildlands, brush, combustible structure, or paved public roadway and the air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator.

e. The burning of asbestos-containing materials or hazardous waste or any other material listed in Rule 62-256.300, F.A.C., is prohibited.

f. An authorization must be obtained daily from the Florida Forest Service within the Department of Agriculture and Consumer Services prior to burning using an air curtain incinerator.

g. Within 10 days after commencing burning using an air curtain incinerator, the operator shall notify the Department in writing describing the general nature of the materials burned, location of the burn, and name, address, and telephone number of the operator to contact concerning the burn.

2. Open Pile Burning

a. Open pile burning may be conducted without a Department-issued air permit in the Emergency Area under the following circumstances:

(1) Local governments or their agents may conduct the burning of Hurricane-generated yard trash, other vegetative debris, and untreated wood from construction and demolition debris in an open pile at Department-authorized staging areas other than staging areas located at permitted landfills or permitted disposal facilities, so long as they meet the operating requirements detailed in paragraphs 8.2.b. through 8.2.f. of this

Order.

(2) Residential property owners may open pile burn Hurricane-generated yard trash and vegetative debris that was collected on-site in a pile less than eight feet in diameter so long the pile burn is set back at least 25 feet from any wildlands, brush or combustible structure, 50 feet from any paved public roadway, and 150 feet from any occupied building other than that owned or leased by the individual doing the burning, the open pile burning is not prohibited by local ordinance, and the burning meets the requirements of subsection 62-256. 700( 1 ), Florida Administrative Code.

(3) Property owners may open pile burn Hurricane-generated yard trash and vegetative debris that was collected on-site in a pile greater than eight feet in diameter so long as they meet the operating requirements detailed in paragraphs 8.2.b. through 8.2.f.

of this Order.

b. The pile bum must be located at least 300 feet from any occupied building, 100 feet from any paved public roadway, and 50 feet from any wildlands, brush, or combustible structure and the pile burn shall be attended with adequate fire extinguishing equipment readily available at all times.

c. An authorization must be obtained daily from the Florida Forest Service within the Department of Agriculture and Consumer Services prior to commencing open pile burning.

d. Orily vegetative material can be burned on an open pile. Open pile burning of vegetative debris is managed under the authority of the Florida Forest Service within the Department of Agriculture and Consumer Services, and the Department will defer to decisions made by that agency provided that burning does not occur in wetlands or other surface waters.

e. Open pile burning shall avoid adversely affecting wetlands and other surface waters to the greatest extent possible; any wetland or other surface water areas that are used or affected must be fully restored upon cessation of use of the area in consultation with the Department.

f. Open pile burning may be conducted unless prohibited by local ordinance.

3. Other Air Pollution Sources

The Department authorizes the minor repair of any previously permitted stationary source of air pollution that is damaged by the Hurricane to restore it to its previously permitted condition without prior notice to the Department. Within 30 days of commencing such repairs, however, the permittee shall notify the Department in writing, stating the location and nature of the work and providing the name, address, and telephone number of the representative of the permittee to contact concerning the work. Minor repairs are repairs that would not constitute reconstruction under any definition of 40 CFR Part 60, 61 or 63, and that could not affect potential to emit any pollutant. Repairs that would constitute reconstruction under any definition of 40 CFR Part 60, 61 or 63, or repairs that could affect potential to emit any pollutant, are not authorized by this Order.

4. Asbestos

Consistent with 40 CFR Part 61, Subpart M, the Department will not require a 10-day prior notification for emergency demolitions and emergency renovations of asbestos containing material resulting from the Hurricane. An emergency demolition or renovation may commence without prior notification if the activity occurs at a building or structure that presents an imminent safety or public health hazard. An emergency demolition also requires that a government official declare the building or structure to be structurally unsound. Within one business day of commencing such demolition or renovation, the person responsible for such work shall notify the Department, in writing and consistent with the information on the Notice of Demolition or Asbestos Renovation, and shall include the location and nature of the work, name, address, and telephone number of operator on the project, and nature of the safety or public health hazard. Persons responsible for such work shall comply with the procedures in 40 CFR Part 61, Subpart M, for handling asbestos-containing material during demolition and renovation. Asbestos-containing material shall be disposed . of in a Class I or Ill landfill in accordance with Rule 62-

701.520(3), Florida Administrative Code. Burning of asbestos-containing material is prohibited. Any other waivers of notification requirements in this Order are not applicable to operations under 40 CFR Part 61 , Subpart M. Cleanup of asbestos-related material that is not a demolition or renovation is not subject to 40 CFR Part 61, Subpart M, and is not subject to the 10-day prior notification requirement.

5. Emergency Engines Exempt from Air Permitting Requirements

Reciprocating internal combustion engines in the Emergency Area may exceed the annual fuel consumption limitations in subparagraph 62-210.300(3)(a)35., Florida

Administrative Code, without triggering the need to receive a Department-issued air permit if the engine is being used for disaster-related purposes. The owner or operator of such an engine shall exclude fuel consumed during the period covered by this Order from annual fuel consumption calculations.

C. WATER RESOURCE MANAGEMENT

Within the Emergency Area:

1. Definitions

The following definitions apply to activities authorized under Section C of this

Order:

a. For purposes of subsection C.2. of this Order, the term "structures" includes:

(1) utility infrastructure, including wastewater treatment plants, substations, lift stations, solid and hazardous waste facilities, utility lines (including transmission and distribution), poles, towers, support structures, cables, conduits, outfalls, intake structures and pipelines;

(2) roads, bridges, culverts, driveways, sidewalks, bike paths, and other similar public and private infrastructure;

(3) public, private, and commercial habitable and non-habitable buildings, and structures ancillary to these buildings, such as garages, cabanas, storage sheds, bathhouses, pools and decks;

(4) piers (including docks, boardwalks, observation platforms, boat houses and gazebos) and pilings;

(5) shore-stabilization structures, such as seawalls, bulkheads, revetments, breakwaters and groins;

(6) fences, signs and billboards; and

(7) buoys, navigational aids and channel markers.

b. For purposes of subsection C.2. of this Order, the term "drainage systems" includes ditches, canals, ponds, swales and other surface water conveyances; dams, weirs, dikes and levees; underdrains, outfalls and associated water control structures.

c. For purposes of subsections C.2, C.3 and C.4 of this Order, the term "water dependent activity" means an activity that can only be conducted in, on, over, or adjacent to water areas because the activity requires direct access to the waterbody or state owned submerged lands for transportation, recreation, energy production or transmission, or source of water, and where the use of the water or state owned submerged lands is an integral part of the activity.

d. For purposes of subsections C.2 and C.3 of this Order, the term "completely destroyed" means none of the structure that existed before the Hurricane remains standing. For example, if at least one piling of a dock or pier remains in place as constructed, then the structure has not been completely destroyed.

e. For purposes of this Order, the term "water management districts" shall mean the Northwest Florida, St. Johns River, Suwannee River, Southwest Florida, and

South Florida Water Management Districts, as they are affected within the Emergency

Area.

2. Environmental Resource, Dredge and Fill, and Surface Water

Management Activities

This subsection applies to activities located in uplands and waters of the state, including wetlands, but excludes activities located along the sandy beaches or inlets fronting the Atlantic Ocean and the Gulf of Mexico seaward of the Coastal Construction

Control Line (CCCL) in counties where a CCCL has been established (these activities are addressed in subsection C.3. of this Order). The public is advised that Sections

403.813(1)(b), (d), (e), (f), (g), (h), (j), (I), (n), (p) or (t), Florida Statutes, and the corresponding rule exemptions of the Department and water management districts authorize certain repair, restoration and replacement activities, provided the terms, conditions, and limitations of the exemptions are followed. Such activities located in, on, or over state owned submerged lands that do not qualify for consent by rule under Rule

18-21.005(1)(b), Florida Administrative Code, are hereby granted a Letter of Consent under Rule 18-21.005(1 )(c), Florida Administrative Code, provided all the terms and conditions of those rules are met (including certain restrictions for activities performed within aquatic preserves and Monroe County), and provided that activities that require an easement under Rule 18-21.005(1 )(f), Florida Administrative Code, must obtain the applicable state owned submerged lands easement under Chapter 18-21, Florida

Administrative Code, within one year of expiration of this Order. This Order does not limit the provisions of those statutory and rule provisions. The following activities are authorized to be undertaken in the Emergency Area to repair, restore or replace structures, land, and submerged contours to the conditions that were authorized or otherwise legally existing immediately prior to the Hurricane, provided the repair and restoration activities do not result in any expansion, addition, or relocation of the existing structure or systems, subject to the limitations in this Order. However, this Order does not authorize the construction of structures that did not exist prior to the emergency unless specifically authorized below.

a. No Notice Required

The following activities are authorized to be conducted under this Order without notification to the Department or water management district:

(1) Temporary and permanent repair or restoration of structures and drainage systems that are not completely destroyed to the conditions, dimensions, and configurations that were authorized or otherwise legally existing immediately prior to the

Hurricane, provided the repair and restoration activities do not result in any expansion, addition, or relocation of the existing structure or systems, and provided any such structures or drainage systems in, on or over state owned submerged lands are water dependent. This may include the use of different construction materials or minor deviations to allow upgrades to current structural and design standards, or to replace a seawall with a rip rap revetment.

(2) The restoration (regrading, dredging or filling) by local, regional, state and federal governments of upland surfaces, wetlands, and submerged land contours to the conditions and configurations that were authorized or otherwise legally existing immediately prior to the Hurricane, provided the restoration does not result in any expansion or addition of land or deepening of waters beyond that which existed immediately prior to the Hurricane, subject to the following limits:

(a) The removal or deepening of plugs formerly separating canals from other waters is specifically not authorized by this Order;

(b) In the case of dredging, all excavated material shall either be deposited on uplands that are diked or otherwise sloped or designed to prevent any discharge into wetlands or other surface waters, or shall be used to restore bottom contours and shorelines to the conditions existing immediately prior to the Hurricane, subject to subparagraph C.2.a.(c) of this Order;

(c) In the case where upland or dredged material is placed in water to restore pre-existing conditions, only clean material (free from debris and pollutants) from the uplands that existed prior to the Hurricane may be used in the restoration, and no change

(from the conditions that legally existed immediately prior to the Hurricane) in the slope of the land or the type, nature or configuration of any pre-existing shoreline stabilization materials is authorized (e.g., sloping revetments cannot be replaced with vertical seawalls, and rock rip rap cannot be replaced with interlocking blocks);

(d) Best management practices and devices such as hay bales, mulch, and floating turbidity screens shall be used to prevent violations of state water quality standards for turbidity during the performance of restoration activities, in accordance with the guidelines and specifications in The Florida Stormwater, Erosion, and Sediment

Control Inspector's Manual {Florida Department of Environmental Protection and Florida

Department of Transportation, Sixth Impression, July 2008) http://www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf, and the State of Florida Erosion and Sediment Control Designer and Reviewer Manual

{HydroDynamics Incorporated in cooperation with Stormwater Management Academy, June 2007) http://www.dot.state.fl.us/construction/Engineers/Environment/PagesErosionSedimentM anual 0309.pdf. Best management practices also shall be used to prevent erosion and retain sediment of all newly established or restored exposed shorelines during and after the restoration activities, which may include methods such as planting of temporary and permanent vegetation and placing of clean natural rock or concrete rubble riprap;

{e) Any fill that is deposited to restore a former shoreline, and any riprap that is used to stabilize a shoreline, must not be placed any farther waterward than the toe of slope of the shoreline that legally existed immediately prior to the Hurricane. If the pre

Hurricane shoreline was stabilized with a functioning seawall or riprap, the seawall or riprap may be restored at its former location or within 18 inches waterward of the location where the seawall or riprap legally existed immediately prior to the Hurricane, as measured from the face of the existing seawall slab to the face of restored seawall slab or from the front slope of the existing riprap to the front slope of the restored riprap; and

(f) This section (C.2.a.(2)) shall not constitute authorization to fill submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, except as provided herein.

(3) Removal of debris, including sunken or grounded vessels, vegetation, and structural remains that have been deposited into waters, wetlands or uplands by the

Hurricane, where such removal does not result in filling of wetlands or other surface waters, or dredging that creates or expands surface waters. All removed materials must be deposited on self-contained uplands and must be managed in accordance with

Department rules or provisions of this Order.

b. Field and Individual Authorization Required

(1) Field authorizations may be issued following a site inspection by

Department or water management district personnel to restore structures and property to authorized or otherwise legally existing conditions that existed immediately prior to the

Hurricane, to recover property, protect property from further damage, maintain navigation or protect public health, safety and welfare, when such activities are not otherwise authorized by statutory or rule exemptions or under paragraph C.2.a of this

Order. Specifically, field authorizations may be issued for:

(a) Activities including the replacement of structures that are completely destroyed;

(b) Activities on state owned submerged lands that are not water dependent, except those structures or activities that are authorized in a valid current sovereign submerged lands lease with the Department;

(c) Restoration (regrading, dredging or filling) of the contours of uplands, wetlands, and submerged bottoms by parties other than local, regional, state or federal governments;

(d) Trimming or alteration of mangroves that threaten public health, safety;

welfare or property, or that currently interfere with navigation;

(e) Removal of debris, including sunken or grounded vessels, vegetation and structural remains, that has been deposited into waters, wetlands or uplands by the

Hurricane, the removal of which requires filling of wetlands or other surface waters, or dredging that creates or expands wetlands or other surface waters. Any wetlands or other surface waters that are dredged or filled to affect such removal must be restored to the contours and conditions that existed before the Hurricane; and

(f) Other activities determined by Department or water management district personnel as having the potential to result in only minimal adverse individual or cumulative impact on water resources and water quality.

(2) Field authorizations to replace structures shall not preclude the use of different construction materials or minor deviations to allow upgrades to current structural and design standards, including building codes, or to a more environmentally compatible design, as determined by the Department or water management district, than existed immediately prior to the Hurricane.

(3) Field authorizations may be requested by providing a notice to the local office of the Department or water management district containing a description of the work requested, the location of the work, and the name, address, and telephone number of the owner or representative of the owner who may be contacted concerning the work. Field authorizations also may be issued by Department or water management district personnel without prior notice. Field authorizations may not be issued unless requested on or before the expiration date of this Order, unless that date is modified or extended by further order. Written records of all field authorizations shall be created and maintained by

Department and water management district personnel. Field authorizations may include specific conditions for the construction, operation, and maintenance of the authorized activities. Field authorizations issued prior to the effective date of this Order remain in effect for the duration specified in the field authorization, but may be extended -through written modification by the Department or water management district in accordance with the provisions of paragraph C.6.h. of this Order. Failure to comply with the conditions of the field authorization may result in enforcement actions by the Department or water management district.

3. Coastal Construction Control Line Activities

This section applies to activities conducted within the Emergency Area seaward of the CCCL as established by Chapter 62B-26, Florida Administrative Code. Emergency

Permits may be issued by the Division of Water Resource Management pursuant to Rule

62B-33.014, Florida Administrative Code. A list of activities seaward of the CCCL that are exempt from CCCL permitting requirements is contained in Rule 62B-33.004, Florida

Administrative Code, and Section 161.053(11 ), Florida Statutes. The Division of Water

Resource Management has developed a Public Information Handout to provide property owners with a concise explanation of activities that are authorized seaward of the CCCL in this Order. To obtain a copy please visit the Division of Water Resource Management's website at https://floridadep.gov/comm/comm/documents/coastal-construction-control-line. You may also contact the Division of Water Resource Management directly by mail at 2600 Blair Stone Road, Mail Station 3522, Tallahassee, Florida 32399-3000, or by phone at 850/245-8336.

This Order does not authorize the construction of permanent structures that did not exist prior to the emergency, nor does it authorize beach scraping performed by itself or in association with any other activities'. In addition, activities that extend onto state owned lands of Florida seaward of the mean high-water line that would typically require a permit pursuant to Sections 161.041 and/or 161.055, Florida Statutes, i.e., regulated under the Joint Coastal Permit program (JCP), are not authorized under this

Subsection. JCP activities are addressed separately in subsection C.4. of this Order.

a. Activities Undertaken by Local Governments, the Department of

Environmental Protection, Florida Department of Transportation and Utility

Companies

The following activities may be undertaken by local governments, the Department of

Environmental Protection, Florida Department of Transportation, and utility companies to protect, repair, or replace structures and property without notice to the Department or water management district, subject to the limitations below. Work performed under paragraph C.3.a. of this Order must be complete within one year of the issuance of this

Order.

(1) Removal of Hurricane-generated debris. Prior to removing the debris and to the greatest extent possible, beach compatible sand should be separated from the debris and kept on-site. To prevent debris from becoming buried, all Hurricane-generated debris shall be removed prior to conducting any fill activities.

(2) The repair of the following public facilities: utilities, roads, beach access ramps and dune walkover structures (see guidelines for construction of dune walkovers at https://floridadep.gov/water/coastal-construction-control-line/documents/beach-and dune-walkover-guidelines ).

(3) Return of sand to the beach and dune system that has been deposited upland by the Hurricane, and restoration of a dune system using beach compatible sand from an upland source. The fill material shall not cover any Hurricane-generated debris or construction debris. All fill material shall be sand that is similar to the pre-Hurricane beach sand in both coloration and grain size and be free of debris, rocks, clay or other foreign matter. No sand may be obtained from the beach, near shore or below the mean high-water line seaward of the CCCL without specific written authorization from the

Department.

b. Activities Requiring Local Authorization

Local governments are authorized to issue permits in lieu of Department permits to private and public property owners for the activities listed below. Local governments shall notify the Department in writing within three working days of permits issued under this section. Work authorized by the local government must be complete within 90 days of the expiration date of this Order.

(1) Temporary or remedial activities that are necessary to secure structures to remove safety hazards and prevent further damage or collapse of foundations.

(2) Temporary armoring such as wooden retaining walls, cantilever sheetpile walls (without concrete caps, tiebacks or other reinforcement), sandbags less than 100 lbs. filled bag, or similar structures. Temporary armoring must be removed within 60 days of installation or the individual must seek authorization from the Department to keep the temporary armoring in place. No sand may be obtained from the beach, near shore, or below mean high water seaward of the CCCL to fill sandbags without specific written authorization from the Department.

Pursuant to Section 161.085(3), Florida Statutes, this Order does not authorize local governments to permit geotextile containers as the core of a reconstructed dune for the purposes of temporary armoring.

(3) Repair or replacement of minor ancillary structures (such as stairs, landings and HVAC platforms) and service utilities that are associated with the existing habitable structure. The repair of minor ancillary structures or service utilities shall not exceed the size of the original structure or service ·utility damaged or destroyed by the Hurricane.

Repair of surviving beach/dune walkovers is authorized provided the structure is substantially intact and the repair adjusts the seaward terminus of the walkover to accommodate changes in the shoreline topography and native salt-resistant vegetation patterns. Viewing platforms as part of the walkovers may not be included seaward of the surviving or post-Hurricane rebuilt dune system or sandy beach, as specified in subparagraph C.3.c.(2)(d) of this Order.

(4) Permanent repair of foundations for buildings that have not been substantially damaged.

(5) The replacement or repair of caps and anchoring systems (or tiebacks) for seawalls or bulkheads.

(6) Restoration of a damaged dune system using beach compatible sand from an upland source.

All fill material shall be sand that is similar to the pre-Hurricane beach sand in both coloration and grain size and be free of debris, rocks, clay, organic matter or other foreign matter. In general, beach-compatible fill material will be predominantly quartz sand of a mean grain size diameter between 0.20mm and 0.45mm and a moist Munsell color value/chroma of 7/1 or lighter with similar quantity of shell as the existing beach. No sand may be obtained from the beach, near shore, or below mean high water seaward of the

CCCL without specific written authorization from the Department.

(7) Return of sand to the beach dune system which has been deposited upland by the Hurricane.

The recovered fill material shall be free of debris and other foreign matter and shall not cover any Hurricane-generated debris or construction debris.

c. Other Activities

( 1 ) Actions taken by local governments, the Department's Division of

Recreation and Parks, Florida Department of Transportation, and utility companies under paragraph C.3.a. of this Order, and actions taken by local governments under paragraph

C.3.b. of this Order, do not require additional permits from the Department.

(2) Subsection C.3. of this Order does not authorize the following activities:

(a) Permanent repair of foundations of major structures which have been substantially damaged;

(b) Rebuilding of or substantial improvements to major structures;

(c) The repair or reconstruction of coastal or shore protection structures except as allowed under subparagraph C.3.b.(5) of this Order;

(d) Replacement of walkover structures not meeting the criteria of subparagraph C.3.b.(3) of this Order, retaining walls, decks, gazebos and other similar structures;

(e) Local governments to install or permit geotextile containers as the core of a reconstructed dune for the purposes of temporary armoring; or

(f) Excavation of the beach face, near shore or below the mean high-water line.

(3) Activities not covered by subsection C.3. of this Order may require a permit from the Department under Section 161.053, Florida Statutes, and Chapters 62B-33, 628-34 or 628-56, Florida Administrative Code. For more information, please contact the

Division of Water Resource Management by mail at 2600 Blair Stone Road, Mail Station

3522, Tallahassee, Florida 32399-3000, or by phone at 850/245-8336.

4. Joint Coastal Permit Activities

This Subsection applies to certain activities along the natural sandy beaches of the

Atlantic Ocean, Gulf of Mexico or Straits of Florida that extend onto sovereignty lands of

Florida, seaward of the mean high-water line and are likely to have a material physical effect on the coastal system or natural beach and inlet processes, i.e., activities that are regulated under the JCP program, pursuant to Sections 161.041 and/or 161.055, Florida

Statutes.

a. In lieu of a normal JCP for activities summarized above, federal, state or local governments may apply to the Division of Water Resource Management for emergency authorizations to alleviate hazardous conditions resulting from the Hurricane that pose an immediate danger to life or limb, including sudden and unpredictable hazards to navigation. Applications for emergency authorizations shall meet the following criteria:

(1) the application must be received by the Division of Water Resource

Management during the duration of this Order;

(2) the hazardous conditions are a result of the Hurricane identified in this Order and did not exist prior to the Hurricane;

(3) the proposed measures are limited to the minimum amount necessary to alleviate the hazardous conditions by temporarily stabilizing the structure or clearing the channel, until a JCP can be processed to address the long-term repair;

(4) fill material shall not extend seaward of the mean high-water line that existed immediately before the Hurricane;

(5) navigational dredging shall not exceed channel depths, widths or alignment that existed immediately before the Hurricane;

(6) reconstruction of non-water-dependent structures on sovereign submerged lands unless authorized in a current sovereign submerged lands lease issued by the

Department is prohibited;

(7) fill may only be placed seaward of the mean high-water line to temporarily stabilize an upland structure if that structure is in danger of imminent collapse and was located behind the primary dune line prior to the Hurricane. The amount of fill allowed is the minimum necessary for the stabilization of the structure;

(8) the placement of fill may only extend the mean high-water line seaward of the current (post-Hurricane) location if the applicant provides proof that the riparian owner(s) has obtained a disclaimer under Rule 18-21.019, Florida Administrative Code, (from the Department's Division of State Lands) for the proposed project site, a memorandum from the Department's Division of State Lands acknowledging the

Hurricane-related occurrence of avulsion for the proposed project site, or documentation from the Department that a valid erosion control line has been established at the fill site;

(9) any fill material placed on the beach shall meet the criteria for beach-quality sand in Section 628-41.007(2)U), Florida Administrative Code;

(10) the proposed measures shall not cause water quality violations outside of the mixing zone, established pursuant to Rule 62-4.244, Florida Administrative Code; and

(11) the proposed measures shall not adversely affect hardbottom communities, seagrass communities or functional marine turtle nesting habitat that existed before the

Hurricane and shall not contribute to erosion of adjacent properties.

b. Emergency authorizations shall expire 90 days after issuance, unless a written request for an extension of the expiration date is received and granted by the

Department prior to the expiration date of this Order. Any request for extension of an emergency authorization issued under this subsection must contain a reasonable schedule for when repair, restoration or reconstruction will commence and ultimately conclude.

c. Application fees and noticing requirements shall be waived for projects that are eligible for this emergency authorization.

d. Activities not covered by subsection C.4. of this Order may require a permit from the Department under Sections 161.041 or 161.055, Florida Statutes, and Rule 628-

49, Florida Administrative Code. For more information, please contact the Division of

Water Resource Management's Beaches, Inlets and Ports Program by email at

BIPP@dep.state.fl.us, mail at 2600 Blair Stone Road, Mail Station 3544, Tallahassee, Florida 32399-3000, or by phone at 850/245-7617. If the activities are associated with the repair of damage from the Hurricane identified in this Order, and the applicant can demonstrate that expeditious processing of the JCP application is necessary to meet state or federal recovery efforts, including funding deadlines, the Division of Water

Resource Management may deviate from the standard procedures as follows:

(1) processing fees may be waived; and

(2) the requirement to publish a Notice of Intended Agency Action pursuant to

Rule 628-49.005(10), Florida Administrative Code, may be waived, along with the associated 14-day waiting period.

5. National Pollutant Discharge Elimination System Stormwater

Construction Generic Permit

This subsection applies to any construction activity authorized by this Order that would require coverage under the Generic Permit for the Discharge of Stormwater

Associated with Large and Small Construction Activities pursuant to Rule 62-621.300(4), Florida Administrative Code.