Title: Description of Organization: 17-101.040
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00002865/00001
 Material Information
Title: Description of Organization: 17-101.040
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Description of Organization: 17-101.040
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 74
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002865
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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17e-10AO Statutes Affecting Agency
Operation. The Department of Esvirnmenetal
Regulaion has rsposibility for regquling cerin
activities or carrying ou statutory duties which
alect the quality of Florida's environment,
induding dredging and filing in navigable wanr
under Chapter 253, Florida Stautes.
mioi nlmdu4he Waer Resoures Act of 1972,
Chapter 373, Florida Statutes, which includes
general supervision o dhe water management
district; review and approval of formation o water
control disrics under Chapte 29 Florida
Suat ; administration of Chapter 403, Florida
Satues. which includes regulation of air, water,
and noise pollution, solid and hazardous waste
management, power plant siting public drinking
water supplies, lining of water and sewage
reatem plan operators, and same pdoution
eanrl bto; the prevention or cleanup of
pollutant pills or discharges in or on inland waters
or lands of the sate, pu neua to Chapter 376.
Florida St Coaal Zone Mangmem,
purumm t Chapter 3M0, Pan II, Florida Suais;
and Indurial. SiinL, puuam to Sections
281.501-28.518, Florida Statutes.
Punuant to Section 380.19 and Section
23.0114(4), Florida Statutes the Department is
alo empomible for the development of and
submial to de Lqtislaure of a naml anne
managmemn program which complies with he
requirents of the federal Coaal Zone
daageauent Aca o 1972. In addition, he
Department is apni"le for performing the
St's ligations under several federal statute,
indudng the Federal Water Pollution Control Act
Amendments of 1972 (Public Law 92-500), the
Clean Ar A (Public Law 91-604, Public Law
92-157, Public Law 93-15, Public Law 93-319,
Public Law 95-95), the Safe Drinking Water Act
(Public Law 93-523). the Nois Conral Ac of 1972
(Public Law 92-574), the Water Remurcs
Planning Ac (Public Law 89.0, Public Law
91.512), and the Coastal Zone hManagem n Ac of
1972 (Public Law 92-583), The Resouree
Conervation and Revery Act of 1976 (Public
Law 94-580), as they are amended from time to
dpnaBi AwtJy IIIS3(IWa) PS Lo I plmar
laSIXA) FR HIsey--m w 24- 1S Tnermred
fAm 17-1.03 ad Ameased 6-144.
17-10140 Delegation of Authority by
Seceuary. The Secretary, as head of the
Department has delegated authority as follow
(1) To the Asnitanti Sesetary of dhe
Department to a on behalf of the Secretary in all
masers during the abene of the Secretary,
including he shining of contracts, and in the
almne of both the Secretary and Assisant
Secretary to a designated Division Director to a in
the Secretary's behalf on all matters.
(2) To the Director, Division of Administrative
Services, to act on behalf of the Secretary on all
purchasing, office space leasing, personnel and

budget maters.
(3) To the General Counsel, to accep service of
process in lawsuits fed against dua agency; and to
make the determination within n days of reedp of
a petition for an administrative determination of
whetheror not to refer the petition to DOAH for he
asignmet of dhe preceding to a Hearing Officer,
or whether or not to aommec informal
proceedings purmuant to Secion 120.57(2), FS.
(4) To the Directr, Division of Eironmmenal
Permitting, and District Managers, authority to
take the following agency amaions.
(a) To complete, sign and submit to the
appropriate authority appliauins and all other
onessary documents relating a the laboratory use
of alcohol by the District Ofces pursuant to Section
6 of Chapter 75-22, Law of Florida, and Section
20.05, Florida Stautes. This authority is also
delegated to dhe Chief of the biological ietion,
latipg to the use of alcohol by the biological
(b) To apprw or dey egineeing plans and
related d mos ri proposed public water
supply imp iveme pams, eg, new wmer
treatment plants or modifations, disribution
system extensions, and water well installations
Section 403.850 through 403.864 Florida
(c) To approve or deny permits, including
caution o notices of intend to approve or dey
such permits, to com ruct public water supply
wells. Sections 403.850 through 403.864, Florida
(d) To approve or deny short afrm permits for
mte types of projects in Section 403.813(1),
Florida Suutus, and Rules 17-4.20 and 174.290,
F. A. C., including cuion of notices of intent to
issue or deny such permits.
(e) With regard to domestic wastewater
treame and industrial waewater armnt
facilities, air pollution soums, mitary landfills,
hassdm wae facilities, source of groundwater
mounmiation, and underground injmnion nmued,
the lowing authority is delegated:
I. To approve and deny omstronaion, operation
and temporary operation permits under Chapter
403, Florida Satutes, including election of notices
of intent to approve or deny such permis;
2. To approve and deny requems r extensions
of expiration deus of neruction permits,
including emcution of notices of inem to take such
3. To approve and deny requests for the issuance
or renewal of operation permits where the subec
facility or operation is meeting Department
andards and requirements, including execution of
noise of intent to ake such action,
4. To approve, deny and order modifications of
operation permits, including execution of notices of
intent to take such actions;
5. To approve and deny requests for the
extension or revision of compliance dates and
conditions in temporary operation permits after
public notice, where a good faith effort has been


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V. 9, p. 624

made by the applicant to meet the deadlines and whose performance is less than satisfactory.
requirements in the temporary operation permit. induding actions to reduce the employee's pay,
induding eL tion of noticeof nent to take such suspension, demotion, transfer, and dismissal, or
action; and who have violated the Depanmen's Peronnel
6. To inu tde apprpriate public notice for all Rules, Capter 17.10, F. A. C.:
of the types o permits delegated to the districts. (a) he Directorof Administrative Services or, a
(f) To inue notimo of uinen to deny, or approve his discretion, the Depty Director of
and to issue inal orders of denial when no Administrative Services;
adminimatie hearing has been sequemted for shor (b) the Director of Envirnmental Permilting
farm dredge amd ill applimsians, and other or, at his discretion, the appropriate Deputy
applicuions desibed i Rule 101.040(4), F. A. C. Director within Environmental Penniting;
(g) Upon approval by he Office of General (c) the Director of Environmental Programs or,
Counsel, so eseaie sMseM orders, notices of at his diaemin, the Deputy Director of
violation, rdenr for corretive action, and final Envirnmental Program; and
rders on maters for whidc no eques far hearing (d) die Assistant Secretary the Department
has been timely filed. for dhe Oflce of the Secretary;
(i) To act authriMations for reoration (c) the General Counsel fr the Office of
pursuan to DER Form 17.1.203(3). General Cound.
(5) To the Diretor of Permitting, or, at the (9) ToheDistrict Managers, Bureau Chiefs, or
Director's direction, the chief of he BuSem of their organisational equivalent, the authority to
Permitting, die following authority: dii, suspend, demntt. transfer, or reassign any
(a) o imue le serf ient toapprove and intent employee wbo des not have permanent status in the
to deny standard applimaioa for dmdge and fill career service in their respective organizational
project puruat sI Chapters 403 and 253, Florida unit.
Statutes, and Rules 17.4280 and 174.290, FAC (10) To theapprved local programs. the Water
(h) to appmve or deny request for alternate Managument Disrics. and other ate agencies
Imredures and requirements or sanitary landfills according to spediic agreements, to funetimn as
pursuant to Rule 17-7.078, FAC; agent for the Deparsmen in those activhies
(r) to approve or deny requests for ahernale designated by the Department which, in the
prmedurd and requirements fr stationary ank judgment of the Department, may be performed
facilities pursuant to Rule 1761.080, FAC. individually by each program.district oragenry a a
(6) To dhe Chief of the Burema of Permiting, leel required by applicable statutes or rules
ceniication of NPDES permits pursuant to Public relating to these activities. Thee sperir- operating
Law 92.500, Secion 401. agreement are on lie with the Depunment ;nd
(7) To the Chief, Bureau of WasMewater available for public inpeCin.
Management and Grans, the following authority: (I )() To the South Florida Water
(a) To ake all sion to administer the federal Management District, the Southwest Florida
waewater tmrentm grams program which are Water Management District, the SI. Johns River
designated as the respomibility of the Secretary of Water Managemen District, the Suwannee River
he Department in pargraph 17-50.002(2(c), Water Mangement District, and the Northwest
FA.C with theaneptio. of the following semieas of Florida Wae Management District the authority
Tile 40 of the Code of Federal Reglasitns (40 to adminiser and enforce those provisns of
CFR) which have been adopted by refereno in Chaper 373, Florida Statutes, water quality and
Section 17-50.015: other function of the Department, and the rules of
1. Application for federal grand pursant to 40 dhe Department as have been delegated from ime to
CFR 35 Subpa P. 35.2023 and 35.2040(d); time to the Districts by order of the Secrtary, after
2. Audiariation for advance allowance foureen (14) days notice to the Governing Board
payments pursuam o 40 CFR 35.2025(b). and publicaion in the Florida Administrative
(b) To take all action to adminisr dte sate Weekly. Authority delegated shall be listed in this
wascwater treatment grams progai which are rule subsequent to delegation. The following
designated as the responsibility of the Secretary in Districts are authorized to administer and enforce
paragraph 17-50.002(3)(b) with the exception of de following laws and rules, including Secion
grant offers, amndmen involving changes in the 373.103(1). Florida Statutes, o thextent necessary
gram amount, revoation, termination, or to fully implement authority specifically delegated.
annulment pursuanm 40 CFR 30305,30.700(c), 1. South Florida Water Management District:
30.900 30.903, 30.904, and 35.2042(b)(2Xi), 373.026(1) rough (5), and 373.026(6) to the
which have been adopted by reference in Secion extent nesary to conduct or participate in
17-50.015. laboratory research; 373.033; 373.042; 373.046;
(8) To the following for their respective 373.103(2) through (7); 373.191; Part II. Chapter
organiational unit, the authority to ake final 373; 373.309; 373.313; 373.316; 373.319; 373.323.
agency action, pursuant to Chapters 17-10 and except that license examinations shall be prepared
22A-10, F. A. C., for disciplinary actions and for through a combined effort with the other Water
personnel action against employees in their unit Management Dstricts in amsultation with the

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Departme; 373.326; 373.329; 313.333; Chapter
403, to the exen necessary o adopt. implement,
aud enorce Rule 16K-4.035, FAC; Pan IV.
Chapter 373; Chapter 17-21. FAC; Chapter 17-25
in warcdance with Rule 17-25,090(1), FAC;
Chapter 403 to the extent necessary to implement
water quality cenifictions as required of the sate
in Section 401 of the Fderal Clean Water An ft.
hose agricultural activity permits issued by the
US. Army Corps of Engineers pursuant n Sernian
404 of the Federal Clean Wter Act; and Chapter
17-20, PAC.
2. Southwest Florida Water Management.
District: 373.026(1) through (5), and 373.026(6) to
the exet necessary to conduct or participate in
laboaory research; 373.033; 373.042; 373.046;
373.103(2) through (7); 373.191; Part I. Chapter
373; 373.309; 373313; 373316; 373.319;
373.323(6), aeept that license examinations shall
be prepared through a combined efortn with the
other Water Management Districts in onsulation
with the Depatment; 373.326; 373.329; 373.333
Pan IV, Chapter 373; Chapter 17-21, FAC;
Chapter 17-25 in accordance with Rule
17-25.090(2). FAC; Chapter 403 to the exte
ssamryto implement water quality rcnifirnium
a required of the mae in Sectin 401 df the Federal
Clan Water Act for the agricultural activity
permit issued by the U.S. Army Corps or
Engineers pursuant o Section 404 of the Federal
Clean Waer Ac; and Chapter 17-20. FAC.
3. SL Johns River Water Management District:
373.026(1) through (5). and 373.026(6) to the
aen acessary to conduct or participate in
labu tory searm; 373.033; 373.042; 373.046;
373.103(2) through (7); 373.191; Par 11, Chapter
373; 373.309; 373313; 373316; 373.319;
373323(6), except that line examinations shall
be prepared through a combined effon with the
other Water Management District in cmsultation
with the Depnmeat 373.326; 373.329; 373333;
Part IV, Chapter 373; Chapter 17-21, FAC;
(hapter 403 to the ument nmeary to implement
water quality certification required of the sate
in Secion 401 of the Fderal Clean Water Acn or
ae agricuklural activity permits issued by the
U.S. Army Corps of Engineer pursuant to Secion
404 of the Federal Clan Water Ac; and Chapter
17-20 FAC.
4. Suwannee River Water Management
District 373.026() through (5), and 373.026(6) to
the euent mommy to mduc or participate in
laimraory semarc; 373.033; 373.042; 373.046;
373.103(2) through (7); 373.191; Pan II, Chapter
373; 373309; 373313; 373.316; 373.319; 373.323,
cept tha license examinations shall be prepared
through a combined efTo with the other Water
Magement Districts in amsultation with the
Department; 373.326; 373.329; 373.333; Pan IV,
Chapter 373; Chapter 17-21. FAC; Chapter 403 to
the exent necessary to implement water quality
eerti tioins as required of the state in Secion 401
of the Federal Clean Water Act for those
agricultural activity permits issued by the US.
S Army Corps of Engineers pursuant to Section 404


of the Federal Clean Water Act; and Chapter
17.20, FAC.
5. Northwest Florida Water Management
District: 373.026() through (5). and 373.026(6) to
the extent necessary to conduct or participate in
laboratory research; 373.033; 373.042; 373.046;
373.103(2) through (7); 373.191; Pan II, Chapter
373; 373.309; 373.313; 373316; 373319; 373.323,
except that license examinations shall be prepared
through a combined effort with the ether Water
Management Districts in omnultation with the
Department; 373.326; 373.329; 373.333; Pan IV.
Chapter 373; Chapter 17-21, FAC; Chapter 403 to
the extem necessary to implement water quality
certifications a required of the sate in Section 401
of the Federal Clean Water Ac for dhne
agricultural activity permits issued by the US.
Army Corps of Engineers puram to Seion 404
of the Federal Clean Water Act; and Chapter
17-20, PAC.
(b) In making the foregoing delegations of
authoriy, the Department cominues to rain and
exercise general supervisory authority over the
water manem districts, and no delegation is
intended to dvem the Department or the Districts of
the authority a take amion pursuant to hose
provision of Chapter 373, Florida Statues, which
provide din dent authority to the Districts or the
Applications for permits to instruct and operate
injection wells inolve provisions of Chapter 373,
Florida Statues, administered by the various water
management districts, and Chapter 403, Florida
Statutes, administered by the Deparment. Efforts
have been made by the Department and Districs to
Soordinate this permit review pr s, and
applians should amo n the District and
Department affie for specific information on the
permit ordination pcedures.
(12) To the counties or municipalities,
pursant to Section 403.1815, Florida Statutes, the
authority to regulate the anstrucion of water
disributimn main and sewage collect laterals of
ten inches (W0) or less which my be connected to
any water system or sewerage system owned by the
county or muicipality, as h been delegated from
Time to ime by order of the Secretary, after founten
(14) days public notie in the Florida
Administrative Weely and in a newspaper of
general circulation in the county or municipality to
whom delegation is proposed. Any authority
delegated shall be listed in this rule subsequent to
(13) To the Department of Natural Resources:
(a) Aquatic Weed Control Discharge
Permitting. Pursuant to Section 403.061(27),
Florida Statutes, the Department of Environmental
Regulation delegates to the Depanmens of Natural
Resource (DNR) the authority to issue, deny,
modify, revoke, and suspend permits authorizing
pe arson discharge into waters, in accordance with
Section 403.088(), Florida Statutes, chemicals.
biologica agents and other substances for the
purpose of the control of aquatic weeds or algae,

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7-7 1j6_ __ __ __ _


I. the dibchare isin accaewida program
approved by DNR purrsuai o Chaper 16C-20. F.
A. C.; and
2. DNR menarmse to he requiremnu od
Chapter 120. Florida Statue and Chapers
17-103, and 28-5, FA.A. C., the praying of all
S: pemi applitions; and
3. the Department allowed o10 imerene as of
right in an DNR licening peding involving
this deletion.
(b) To audimiae the application or chemicals to
sarne waters of she atew for the purpose of
capturing liwe mrine pedi.
(14) To he Department of Health and
Rehabiatime Semisc
(a) The mathriity soeis permits fr individual
dmeMic wasewar dispel bailkies listed in
Rule 17.020(I), (2) adl (3). A. C;
(b) The authrity to pru written
mhiamrias for dhe applicadin of p iciMles o
waten of the nastehr he prpadeimn conul in
Smacser with eMiio4eln S ( I)F.S.and Rule
IOD-4.046OI F. A. C.
+ (15) To sie Depararent of Agriculke and
SCamuser Srvi
(a) Rllatuims of earainuepai baringaivities
in amordaice with Rueb 17.l9M. F. A. C.;
(b) Tehing and dealing pd sank truWsts
Sin amcBora wwh Rule 1 7.-0 6)Kc)2.d.. F. A.

-SpAeer Awhm*y fWIXA. 37110A1 37flS.
401Iw. 4 815551 4110M. 4"1832 4UIAX
4.3i8. 110.01 F1 Law pIeem I1SB3(1(Xa).
AMIa. 4M121 @I16" CtE.IU 112 I 7 FSl

-JIasi C tAalel meno I doAramen Ih.lman
Am ded 6-L44. A manea M.44, t.lS, II. l- .

3Ar V a'i A W.
slir wow meir disen S & WAr,
Auerh. Mp J% Pb. i rm 475 (Irlr. rM. .

m ser. s' im w~ medy ma itaad.. r

mI WMI e Au0. Qhi. Uk Ap( 1191.

s1-I)SA aeunSl Dmanipis. of Ag. y
Orq sii I I !ad O uial The agency is
-pa deofthaws epuing &nas. mpponisng
Maffsi and il riai St ahW icesWln aed
around Otw s n e ofr vianhu acolaibte
I se disebme of Fk IWi mat ao aune of
the Deparament of Eoshman iq ulation is
rleaud graphiialy n he anmiiedn dean
(Figure 2).
(1) Olice of the Secretary. This eim includes
the Secretary, who emrMies Ihee pa-es and
dusi delegaMed u the had of oe D lnt by
lorida lw, amld the A seanm Saen y, who as
a agency head in the Socary's dsmnea ad
carries M sch ether dum a assigned by the
Secretary. Additional umion carried aout by
personnel laed in this office indude coordination

V.9,pU p. 06

of the Depanmenml' water management, legilaive,
and industrial development proram
(a) Office of he General Counel. The O ace of
General Counsel i haded by the General Caums
who is applied by and servesas he pl re of he
Secretary. All Department attorneys are lasted in
this fike ad ad e directly mpervied by four (4)
deputy general marlls. This office provides all of
the legal Mppmr o the Deparment of
Environmenal Rqbulaion ad prid le
advice to the Governor and Cabinet ad
Environmental Regulation Commission n
Department legal matters.
(b) industrial Developmene Coordination
Section. This union, in cooperation with she
atof Commere. Division of Emeonaic
Smmc niaa caite with prospective new
indares. existing industries wishing to expand.
lo aid in selecting sites and prasdur that
will ainrwiUi a roh imis
(c) O p ofM Cuomal MIaremm. This omfe i
wapodih forimplemnemsioadithe Deparument's
powers an dauis rltingt am ual planning ad
maaemt in Frid, including th
implementation of a enmprehen ie sate plan for
he protection and proper uliation of Florida's
Cmsl reain. making mnaimunm -or of any
federal f for his purpose. The oe works
closely wih a levels of ae and local government
in tke implementation of the Florida Coasal
ManqeA Pmgraun.
(2) Diviion of Adminisurtive Servi. The
Division of Adminimrative Services i head by the
Diunnar of Administrative Services, who is
appoiied by and serves at the pleasure of the
Seauary. The division performs fur brand
lncimear pvide centralied adminisratie
service for the Department; caniBnaea the flow
and analysis o program satt information from
district ad branh a ieds and water management
oll i to he central ofice in Tallahaseee
dimeminat information o the public mamering
the activtes or die Department and facilita
cacan invsolvm en in deffors o praect ihe
nvironmem; and develops and adminisers
Departmea-wide staff developNent program
(a) Olkic of Deputy Director a Administrative
S esi This afiRc is headed by the Deputy
Director of Administrative Servica is
respoiile for providing overall direction and
supervision far administrative service support
acivities o the Department though the Bumeau
Amouing ad Budgesing, the Ofice of
Purchasing. the Resum Maerials Center, and
the Prin Shp.
I. Bureau o Accounting ad Budgeting. This
bureau is headed by the Chief, Bureau of
Acotnmeag ad Budgeting and pvide financial
anpemm servim e to the Departmen. Those
Meric include collection and deposit of revenue.
pred and payment o invoices, payroll
saeaunsing, preparation of financial reports,
preparaion legislative ad operating budgets ad
amendments, admnistratinn of the State Bond
laan Program, maintenance of prnpeny records,


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