Section 40E-1.702 - Environmental Resource, Surface Water Management Permit and Consumptive Use Enforcement GuidelinesThe following guidelines apply to the District's Environmental Resource, Consumptive Use and Surface Water Management Permit enforcement programs:
(1) Adverse impacts to water resources shall be recovered by requiring complete restoration.(2) In those cases where restoration of the adverse impact is not environmentally feasible, the District shall require mitigation to offset such impacts.(3) If the violation cannot be resolved in a negotiated, pro-active manner, it is the District's policy to seek full compliance with District permits and rules through appropriate legal action.(4) The District shall provide for prompt resolution of enforcement matters in a manner that best protects the public interest and water resources.(5) The District shall ensure that violators do not gain an economic advantage over competitors by circumventing District permitting requirements. Enforcement action shall be designed to remove any economic advantage resulting from the failure to comply with District permits and rules.Fla. Admin. Code Ann. R. 40E-1.702
Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.62, 120.69, 373.083(2), 373.119, 373.129, 373.136, 373.430, 373.433, 373.603 FS.
New 10-3-95, Amended 7-2-98, Amended by Florida Register Volume 42, Number 144, July 26, 2016 effective 8/7/2016.New 10-3-95, Amended 7-2-98, 8-7-16.