I. Statutory Delays and Extensions

The first effect of the EO is that, under Florida law, it delays and extends the expiration dates of certain permits. There are four types of permits that may qualify for the extension opportunities presented by these and prior executive orders:

1. A development order issued by a local government;
2. A building permit;
3. A permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373; and
4. A DRI's build-out date.

Extending a permit is not a simple matter. The calculation of the expiration delay and extension periods may be complicated, especially when multiple Executive Orders apply to a permit. Moreover, one must properly notify the permitting agency in writing within 90 days of the expiration of the state of emergency in order to claim the extension. Stearns Weaver Miller has launched a web-based tool that tracks Executive Orders like the most recent one so you may research opportunities to extend the expiration of permits. 

Finally, the EO served as the basis for FDEP's emergency final order and amended emergency final order (collectively, the "EFO") to assist hurricane restoration efforts. The EFO covers the entire state of Florida. It will expire October 4, 2017, unless extended.

1. Storage Tank Systems

• Allows owners and operators of storage tank systems to make repairs to restore services and repair or replace structures to pre-hurricane condition, without prior notice to FDEP.
• However, the owner or operator of the storage tank system must notify FDEP within 30 days of beginning the repair or replacement work.

2. Solid Waste Management

• Allows for field authorizations for Disaster Debris Management Sites that provide temporary disposal of hurricane-generated debris.
• Provides flexibility in disposing of hurricane debris.

3. Hazardous Waste Management

• Provides for a 30-day blanket extension for all hazardous waste generators for the storage of hazardous waste on site, from the expiration date of the EFO.

4. Debris, Trash, Pollution, and Asbestos

• Authorizes local governments to burn hurricane trash and debris in air curtain incinerators, subject to certain restrictions.
• Allows for minor repairs to permitted stationary sources of pollution in order to restore the source to pre-hurricane permitted condition, without prior notice to FDEP. 
• However, the permittee must notify FDEP within 30 days of beginning the repair work.
• Waives the 10-day prior notification requirement for emergency demolition or emergency cleanup of asbestos-containing materials resulting from a hurricane. 
• However, the person responsible for the demolition or cleanup must notify FDEP within one business day of beginning the demolition or cleanup.

5. Environmental Resource Permits, Dredge and Fill Permits, and Surface Water Management Activities

• Suspends notice requirements for:
• Temporary and permanent repair or restoration on structures and drainage systems, that are not completely destroyed, to authorized pre-hurricane condition; 
• The regrading, dredging, or filling by governments and agencies of upland surfaces, wetlands, and submerged lands to pre-hurricane condition, subject to certain restrictions; and 
• Removal of debris that has been deposited into waters, wetlands, or uplands by the hurricane, subject to certain restrictions.
• Work done under the notice requirement suspension must completed by October 4, 2018.
• Authorizes FDEP and water management districts to issue field and individual authorizations for:
• Activities including the replacement of structures that are completely destroyed;
• Activities on state-owned submerged lands; 
• Regrading, dredging, or filling of uplands, wetlands, and submerged bottoms by non-government parties; 
• Trimming mangroves; 
• Removal of debris; and 
• Activities with minimal adverse impact on the water.
• Requires that field authorizations be requested before October 4, 2017 and work be completed by date designated in the field authorization. 
• The EFO does not allow new construction of structures that did not exist pre-hurricane.

6. Coastal Construction Control Line Permits

• Allows local governments, certain state agencies, and utility companies to engage in the following actions without providing notice to FDEP or water management districts:
• Removal of hurricane-generated debris, subject to certain restrictions;
• Repair of public facilities;
• Return of sand to the beach and dune system; and
• Restoration of a damaged dune system.
• Requires this work be completed by October 4, 2018.
• In lieu of FDEP permits, requires that public and private property owners receive local government permit authorization for:
• Temporary or remedial activities that secure structures or remove safety hazards;
• Temporary armoring;
• Repair or replacement of minor ancillary structures and service utilities, subject to certain restrictions;
• Permanent foundation repair for buildings that are not substantially damaged;
• Replacement or repair of caps and anchoring systems;
• Restoration of a damaged dune system; and
• Return of sand to the beach dune system.
• Requires this work be completed within 90 days of the expiration date of the EFO.
• The EFO does not allow (1) new construction of permanent structures that did not exist pre-hurricane or (2) beach scraping.

7. NPDES Stormwater Construction Generic Permits

• Authorizes owners or operators of construction sites that require a General Permit for the Discharge of Stormwater Associated with Large and Small Construction to make repairs to restore services and repair or replace structures to pre-hurricane condition, without prior notice to FDEP.
• However, the owner or operator of the site must submit a Notice of Intent to FDEP within 30 days of beginning the repair or restoration work.

8. Water and Wastewater Plants and Collection Distribution Systems

• Authorizes owners and operators of water and wastewater plants and collection distribution systems to make repairs to restore services and repair or replace structures to pre-hurricane condition, without prior notice to FDEP.
• However, the owner or operator of the plant must notify FDEP within 30 days of beginning the repair or restoration work.

Petroleum Contract Water

• Authorizes owners and operators of petroleum storage tanks to discharge petroleum contact water, subject to certain conditions.

10. Extension of Time

• Grants a 30-day extension for the following deadlines that occur between the EFO issuance and expiration:
• Timing deadlines relating to monitoring, except monitoring required by air permits under federal laws;
• Timing deadlines to file an application for an extension of permit duration or renewal of existing permits and other authorization;
• Timing deadlines to file an application for an operation permit, except for air permits under federal laws;
• The expiration date for existing permits and other authorizations; and 
• Timing deadlines to obtain permit to start construction of the initial phase of a system with a conceptual permit.
• The extension of time does not limit statutory tolling and governs FDEP programs only.
• The EFO also suspends almost all procedural requirements for obtaining the above permits and authorizations for the duration of the EFO.