December 17, 2017

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December 14, 2017

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FDEP Issues Order to Restore Structural Damage Post Hurricane

Property Owners and Public and Private Entities:

On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated widespread devastation across Florida caused by Hurricane Irma. In order to respond to the imminent or immediate danger to the public health, safety, and welfare of the citizens of the State of Florida, FDEP provided an order to allow property owners and public and private entities to repair, replace, and restore structures, equipment, surface water management systems, works, and other systems damaged by the hurricane without obtaining prior permits, which would cause significant delays. The following regulated areas are impacted by the Order:

Waste Management
o Storage Tank Systems
o Solid Waste Management
o Hazardous Waste Management

Air Resource Management
o Air Curtain Incinerators
o Open Pile Burning
o Other Air Pollution Sources
o Asbestos Cleanup

Water Resource Management
o Env. Resource, Dredge, and Fill, and Surface Water Management Activities
o Costal Construction Control Line Activities
o NPDES Stormwater Construction Permitting Activities
o State Owned Submerged Lands
o Wastewater and Water Plants and Systems

The Order took effect immediately and expires on October 4, 2017, unless modified or extended further by another order. Some work may require field authorization.

© 2017 Bilzin Sumberg Baena Price & Axelrod LLP

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About this Author

Howard E. Nelson, Environmental Practice Attorney, Bilzin Sumberg Law Firm
Partner

Howard E. Nelson has over 20 years of experience in environmental and land use law and over 25 years of experience in zoning and regional planning. He represents clients throughout all phases of the development process—from site location through permitting and construction, as well as in permit appeals and defense of environmental enforcement matters.

Howard focuses a substantial portion of his practice to the analysis and remediation of site contamination issues, representing several national homebuilders in pre-acquisition...

305-350-2386
Cristina Arana Lumpkin, Environmental Attorney, Bilzin Sumberg Law Firm
Partner

Cristina Arana Lumpkin is a Partner in Bilzin Sumberg's Environmental Group. She advises clients on all aspects of environmental law, including transactional, regulatory and litigation matters.

Cristina represents homebuilders and commercial real estate developers throughout all phases of the land development process. She advises clients on pre-acquisition environmental due diligence, working with the client's environmental consultants to ensure the appropriate scope and methods of site assessment. For contaminated sites, Cristina advises clients on selection of appropriate remedial strategies for the client's objectives and budget. Cristina oversees implementation of remedial actions and preparation of reports and works with governmental agencies to achieve regulatory closure of contaminated properties.

305-350-7241
Associate

As a former geologist and water resource planner, Dalayna brings unique insight to her representation of commercial and residential real estate developers. Throughout the pre-acquisition and site development process, Dalayna assesses environmental contamination risks and develops remediation strategies that align with her client's business objectives.

Dalayna's scientific and natural resource management backgrounds allow her to efficiently spot contamination issues and develop effective remediation solutions, which ultimately can save her...

305-350-2394