Water Resource Compliance and Enforcement

The Department of Environmental Protection (DEP) and the five water management districts (WMDs) oversee Florida’s water resources. They have rules and regulations in place to make sure people are using water responsibly and not harming the environment. They also have the power to enforce these rules and give out permits for things like using water and building near wetlands. This helps protect Florida’s water and natural areas. When building projects that may affect water resources, it’s important to follow the rules and guidelines outlined in the Water Management District’s Applicant’s Handbook. This helps make sure that water quality and quantity are protected, and that flood protection measures are in place. Compliance with these rules is important to prevent harm to the environment and other water users. Violating these rules can result in enforcement actions to protect water resources for everyone’s benefit. If you own or control an artesian well, you have to make sure it doesn’t flow continuously without a way to control the flow. You also can’t waste water or pump more than you need to. If you break these rules, you could be fined $100 for each day you break them. If you have a permit to use the water and you don’t follow the rules, you could also have to pay for any damage you cause to other people’s water permits. During a water shortage, WMD governing boards can issue orders to conserve water for both farms and cities. City and county officials can help enforce these orders. If someone violates laws about building wells, they can be charged with a crime. There are also rules about managing and storing surface water, and people can be punished for polluting or not following permits. The government can take legal action to make sure these laws are followed and to protect the state’s water resources. If someone is caught polluting water or not following the rules, they can be fined up to $10,000 per day. They can also go to jail for up to 5 years for serious violations. If the violation is reckless or careless, they can be fined up to $5,000 and spend 60 days in jail. The goal is to make sure people follow the rules to protect the environment. If a violation is found, the person will be given a chance to fix it, but if it’s an emergency, action can be taken right away. The agency can start a legal process to make someone responsible for breaking the law about water pollution. They can make the person fix the problem, pay for any harm caused, and pay a fine of up to $10,000. The agency can take the person to court if they don’t follow the rules. If the person wins the case, they can make the agency pay for their legal costs. They start the legal process by sending a notice of violation in the mail. The person has 20 days to ask for a hearing before the agency or they can choose to go to state court. If they ask for a hearing, a judge will decide what happens. The agency usually follows the judge’s decision, unless they can prove it’s wrong. If the person doesn’t agree with the decision, they can appeal to a higher court. If someone breaks an environmental law, the government will first try to work it out with them. If they don’t cooperate, the government can take them to court and make them follow the rules. The court can also make them pay for the government’s legal fees. If there’s a problem with an environmental project, the government can order the owner to make changes. If they refuse, the government can do it and make the owner pay for it. If an agreement is made, the owner might have to get a permit and fix any damage they caused. If someone violates environmental rules, they may have to pay a fine and fix any damage they caused. The fine can be up to $10,000 per day for each violation. The amount of the fine depends on how much harm was done and how much they benefited from breaking the rules. The person’s history of breaking the rules and whether they tried to fix the problem also affects the fine. In 2007, the Department of Environmental Protection (DEP) created guidelines for determining penalties in enforcement actions. These guidelines help the department decide how much to fine people or companies who break environmental rules. The guidelines include penalty calculation matrices.

When a property with a permit is sold to someone else but the permit hasn’t been transferred, the original permit holder is still responsible for following the rules and fixing any problems that happened before the sale. The new owner is also breaking the rules by using the stormwater management system without a permit. Both the original and new owner can be fined and required to fix any problems. DEP can give some of its work to local governments, like Broward County and Hillsboro, to make it easier for people to get permits for certain activities. This means that instead of going to two different places for permits, you can just go to the local government and get everything you need. The local government is also responsible for making sure people follow the rules for these activities. If the local government doesn’t handle things properly, then the DEP can step in and take over. Local governments with delegated ERP programs can deposit civil penalties into a trust fund for water pollution control. This money can only be used to restore water quality in the area where the violation occurred. If someone breaks the rules, they can be fined or face criminal charges. The Army Corps of Engineers, DEP, and the water management districts work together to enforce regulations and make sure people follow the rules for activities that affect bodies of water. They coordinate their efforts to use their resources effectively and encourage compliance with the rules. An artesian well is a hole in the ground that provides water, and the laws and regulations surrounding them are outlined in Florida Statutes. These laws cover things like penalties for violating well regulations and the responsibilities of the Department of Environmental Protection. The DEP has an operating agreement with the U.S. Army Corps of Engineers regarding well management.

Source: https://www.floridabar.org/the-florida-bar-journal/water-resource-compliance-and-enforcement/