1. (1) This general permit authorizes:

   1. (a) Activities conducted in response to a spill or release of oil or hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR Part 300 as of July 1, 2019, incorporated by reference herein ( HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-12043" https://flrules.org/Gateway/reference.asp?No=Ref-12043)), including containment, cleanup, and mitigation efforts, provided that the activities are done under either:

      1. The Spill Control and Countermeasure Plan required by 40 CFR §112.3 as of July 1, 2019, incorporated by reference herein ( HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-12044" https://flrules.org/Gateway/reference.asp?No=Ref-12044));

      2. The direction or oversight of the federal on-scene coordinator designated by 40 CFR Part 300; or

      3. Any approved existing state, regional or local contingency plan provided that the Regional Response Team (if one exists in the area) concurs with the proposed response efforts.

   2. (b) Activities required for the cleanup of oil releases in state-assumed waters from electrical equipment that are governed by EPA’s polychlorinated biphenyl spill response regulations at 40 CFR Part 761 as of July 1, 2019, incorporated by reference herein ( HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-12045" https://flrules.org/Gateway/reference.asp?No=Ref-12045)).
   3. (c) The use of temporary structures and fills in state-assumed waters for spill response training exercises.

2. (2) Use of this general permit is subject to the following conditions:

   1. (a) Activities shall be conducted in conformance with the National Response Team Integrated Contingency Plan Guidance (June 5, 1996), incorporated by reference herein ( HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-12046" https://flrules.org/Gateway/reference.asp?No=Ref-12046);

   2. (b) Activities shall be conducted in conformance with any applicable emergency order for oil spill or hazardous waste control, clean-up, and recovery/restoration issued by the Department.

      Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.