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August 04, 2020

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August 03, 2020

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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.

© 2020 Bilzin Sumberg Baena Price & Axelrod LLPNational Law Review, Volume VII, Number 261


About this Author

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

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...

Cristina Arana Lumpkin, Environmental Attorney, Bilzin Sumberg Law Firm

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.