Rules and Forms
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.
,
which grant this authority are as follow:
403.031
Definitions.
403.061
Authority to 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; permit 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.
403.087
Authority to issue, deny, modify and revoke permits.
403.0872
Authority to establish an air operating permit program as
required by Title V of the Clean Air Amendments of 1990.
403.08735
Authority to promulgate an air emissions bubble rule.
403.0877
Authority to require engineering certification of permit
applications.
403.121
Authority to seek judicial and administrative remedies for
violations.
403.131
Authority to seek injunctive relief for violations.
403.141
Authority to find civil liability for violations.
403.161
Authority to assess civil and criminal penalties for violations.
403.182
Authority for local pollution control programs.
403.44
Authority to develop an electric utility
greenhouse gas cap-and-trade rule.
403.716
Authority to require training of medical waste incinerator
operators.
403.8052
Authority to establish a Small Business Assistance Program for
small-business sources of air pollutant emissions.
403.8055
Authority to adopt federal standards by reference.
403.814
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:
316.2935
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.
320.03
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.
376.60
Authority to establish a fee for asbestos removal projects.
Last updated:
April 19, 2012
2011 State of Florida