Florida Regulations 62-560.310: Violations
Current as of: 2024 | Check for updates
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(1) Prohibited Acts.
(a) Failure by a supplier of water to comply with the requirements of Florida Statutes § 403.857, or dissemination by such supplier of any false or misleading information with respect to notices required pursuant to Florida Statutes § 403.857, or with respect to remedial actions being undertaken to achieve compliance with state primary and secondary drinking water standards.
(b) Failure by a supplier of water to comply with rules adopted pursuant to Florida Statutes § 403.853, or any rule adopted by the Department pursuant to the Florida Safe Drinking Water Act, or with conditions for variances, exemptions, or waivers authorized under Florida Statutes § 403.854
(c) Failure by any person to comply with any order issued by the Department pursuant to the Florida Safe Drinking Water Act.
(d) Failure by a supplier of water to allow any duly authorized representative of the Department or of the Department of Health to conduct inspections pursuant to Florida Statutes § 403.858
(e) Submission by any person of any false statement or representation in any application, record, report, plan or other document filed, or required to be filed by the Florida Safe Drinking Water Act, or rules adopted by the Department pursuant to its lawful authority.
(f) Failure by a supplier of water to comply with the requirements of a Department permit issued for constructing, altering, or extending a public water system.
(g) No supplier shall knowingly allow or encourage any operator in his employ to violate any rule or law related to treatment plant operation.
(h) Failure by a supplier of water to take corrective action to meet any applicable standard or treatment technique set forth in Chapters 62-550 and 62-555, F.A.C., and this chapter.
(2) Penalties.
(a) The Department shall assess administrative penalties for violations of subsection (1), above, in accordance with Florida Statutes § 403.121
(b) A fine, not to exceed $10,000.00 for each day in which a violation occurs, may be imposed by a court of competent jurisdiction on any person who violates paragraphs (1)(a), (b), (d), (e), (f), and (h), above.
(c) A fine, not to exceed $10,000.00 for each day in which such violation occurs or failure to comply continues, may be imposed by a court of competent jurisdiction upon any person who violates or fails or refuses to comply with any order issued by the Department pursuant to the Florida Safe Drinking Water Act.
Rulemaking Authority 403.861 FS. Law Implemented 403.121, 403.859, 403.860 FS. History-New 11-19-87, Formerly 17-22.930, Amended 1-18-89, 5-23-91, 7-4-93, Formerly 17-560.310, Amended 11-27-01, 1-17-05.
Terms Used In Florida Regulations 62-560.310
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Failure by a supplier of water to comply with rules adopted pursuant to Florida Statutes § 403.853, or any rule adopted by the Department pursuant to the Florida Safe Drinking Water Act, or with conditions for variances, exemptions, or waivers authorized under Florida Statutes § 403.854
(c) Failure by any person to comply with any order issued by the Department pursuant to the Florida Safe Drinking Water Act.
(d) Failure by a supplier of water to allow any duly authorized representative of the Department or of the Department of Health to conduct inspections pursuant to Florida Statutes § 403.858
(e) Submission by any person of any false statement or representation in any application, record, report, plan or other document filed, or required to be filed by the Florida Safe Drinking Water Act, or rules adopted by the Department pursuant to its lawful authority.
(f) Failure by a supplier of water to comply with the requirements of a Department permit issued for constructing, altering, or extending a public water system.
(g) No supplier shall knowingly allow or encourage any operator in his employ to violate any rule or law related to treatment plant operation.
(h) Failure by a supplier of water to take corrective action to meet any applicable standard or treatment technique set forth in Chapters 62-550 and 62-555, F.A.C., and this chapter.
(2) Penalties.
(a) The Department shall assess administrative penalties for violations of subsection (1), above, in accordance with Florida Statutes § 403.121
(b) A fine, not to exceed $10,000.00 for each day in which a violation occurs, may be imposed by a court of competent jurisdiction on any person who violates paragraphs (1)(a), (b), (d), (e), (f), and (h), above.
(c) A fine, not to exceed $10,000.00 for each day in which such violation occurs or failure to comply continues, may be imposed by a court of competent jurisdiction upon any person who violates or fails or refuses to comply with any order issued by the Department pursuant to the Florida Safe Drinking Water Act.
Rulemaking Authority 403.861 FS. Law Implemented 403.121, 403.859, 403.860 FS. History-New 11-19-87, Formerly 17-22.930, Amended 1-18-89, 5-23-91, 7-4-93, Formerly 17-560.310, Amended 11-27-01, 1-17-05.