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Florida Statutes

Chapter 403 of the Florida Statutes, entitled "Environmental Control", provides the legal authority for most of the activities of the air resource management program within the Department of Environmental Protection.

The principal sections of Chapter 403, F.S.External Link, which grant this authority are as follow:

403.031External Link
Definitions, including the definition of "regulated air pollutant".

403.061External Link
Authority to promulgate plans to provide for air quality control and pollution abatement; establish and administer an air pollution control program; set ambient air quality standards; monitor air quality; adopt rules for the control of air pollution in the state; require permits for construction, operation, and modification of air pollutant emission sources; require reports from air emission sources; take enforcement action against violators of air pollution laws, rules and permits; and exercise the duties, powers, and responsibilities required of the state under the federal Clean Air Act.

403.087External Link
Authority to issue, deny, modify and revoke permits.  

403.0872External Link
Authority to establish an air operating permit program as required by Title V of the Clean Air Amendments of 1990.  

403.0877External Link
Authority to require engineering certification of permit applications.  

403.121External Link
Authority to seek judicial and administrative remedies for violations.  

403.131External Link
Authority to seek injunctive relief for violations.  

403.141External Link
Authority to find civil liability for violations.  

403.161External Link
Authority to assess civil and criminal penalties for violations.  

403.182External Link
Authority for local pollution control programs.  

403.201  
Authority to grant variances.  

403.716External Link
Authority to require training of medical waste incinerator operators.  

403.8052External Link
Authority to establish a Small Business Assistance Program for small-business sources of air pollutant emissions.  

403.8055External Link
Authority to adopt federal standards by reference.  

403.814External Link
Authority to allow use of general permits, created by rule, for small pollution sources.

Other statutory authorities (outside of Chapter 403, F.S.) for Florida's Air Resource Management program are as follows:

112.3143External Link
Requirement that public officials disclose potential conflicts of interest.

112.3144External Link
Requirement for disclosure of financial interests by public officials.

120.569External Link
Authority of agency head to issue an emergency order in response to an immediate threat to public health, safety, or welfare.

316.2935External Link
Authority to prohibit the sale and operation of motor vehicles whose emission control systems have been tampered with and to prohibit the operation of motor vehicles that emit excessive smoke.

320.03External Link 
Authority to establish Air Pollution Control Trust Fund and use $1 fee on every motor vehicle license registration sold in the state for air pollution control purposes, including support of approved local air pollution control programs.

376.60External Link
Authority to establish a fee for asbestos removal projects.  

Last updated: August 04, 2014

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