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Florida Statute 403.8052 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
F.S. 403.8052
403.8052 Small Business Stationary Air Pollution Source Technical and Environmental Compliance Assistance Program.
(1) The department shall establish a technical and environmental compliance assistance program for small business stationary air pollution sources. The program shall assist such stationary sources in determining applicable permit requirements; collect and disseminate information concerning compliance methods and technologies; and provide information regarding pollution prevention and accidental release detection and prevention, including alternative technologies, process changes, products, and methods of operation that help reduce air pollution. For purposes of this section, a small business stationary air pollution source means a stationary source of air pollution which:
(a) Is owned or operated by a person who employs 100 or fewer individuals.
(b) Is a small business concern as defined in 15 U.S.C. s. 632.
(c) Is other than a major stationary source within the meaning of 42 U.S.C. s. 7602(j) or 42 U.S.C. subchapter I, part C or part D.
(d) Emits less than 50 tons per year of any regulated pollutant.
(e) Emits less than 75 tons per year of all regulated pollutants.
(2) The department shall designate a person with suitable technical qualifications as the head of the program. The program office shall serve as ombudsman for small business stationary air pollution sources in the implementation of s. 403.0872 by the department. The program office shall serve as the staff for the Small Business Air Pollution Compliance Advisory Council and shall assist in the development and dissemination of the reports and opinions of the council.
(3) The department shall establish, by rule, a notice procedure to ensure that small business stationary air pollution sources receive notice of their rights under s. 403.0872 in such a way as to provide reasonable and adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final rules or standards of the department.
(4) Any stationary source that does not meet the criteria of paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) may petition the department for inclusion in the program as a small business stationary air pollution source, if the source does not emit more than 100 tons per year of all regulated pollutants. The department shall establish, by rule, notice procedures to assure an opportunity for public comment on any petition filed under this subsection.
History.s. 13, ch. 92-132; s. 2, ch. 93-94.
Note.Former s. 403.0852.

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Arrestable Offenses / Crimes under Fla. Stat. 403.8052
Level: Degree
Misdemeanor/Felony: First/Second/Third

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