§ 15-33. Same—Duties and powers.  


Latest version.
  • The duties, functions, powers and responsibilities of the environmental protection officer shall include the following:

    (a)

    The enforcement of the provisions of this act [article] and the rules and regulations adopted by the commission.

    (b)

    Preparation of a table or organization for such staff members as may be employed to assist him; determination in writing of, and making of recommendations as to, the qualifications and pay scale of such personnel, to be approved by the commission.

    (c)

    Preparation of a detailed annual budget for submission to the commission and the board of county commissioners.

    (d)

    To investigate complaints, to make studies and observations of air and water pollution conditions, to make recommendations as to the institution of actions necessary to abate nuisances caused by air and water pollution and as to the prosecution of violators of this act [article], and to institute proceedings for the prosecution of violators of this act [article].

    (e)

    Preparation of an initial report to submit to the commission with details on procedures of chemical, physical and biological, and all other field and laboratory determinations. Methods of performing field surveys and location of sampling points will be included. Any changes in procedure will be included within the annual report as required in this act [article].

    (f)

    Making of appropriate surveys, tests and inspections in accordance with the best known engineering practices to determine whether the provisions of this act [article] are being complied with, and whether air and water pollution is being effectively controlled throughout the county.

    (g)

    Entrance upon and making of inspections of property (except a building which is used exclusively for private residence), facilities, equipment and processes operating under the provisions of this act [article] to determine whether the provisions of this act [article] are being complied with, and making of recommendations for methods by which air and water pollution may be reduced or eliminated. Any information relating to secret processes, methods of manufacture or production which may be required, ascertained or discovered by inspection or investigation, shall be deemed privileged, and shall not be disclosed in public hearings and shall be kept confidential by any member, officer or employee of the commission, provided that nothing herein shall be construed to prevent the use of such records in judicial proceedings in connection with the prosecution of violations of this act [article] when ordered produced by appropriate subpoena or order of court. No such subpoena or order of court shall abridge or alter the rights or remedies of persons affected in the protection of trade secrets, in the manner provided by law.

    (h)

    Maintaining, reviewing and supervising all operating records required to be filed by persons operating facilities and equipment subject to the provisions of this act [article].

    (i)

    Rendition of all possible assistance and technical advice to persons operating equipment, facilities and processes, the use of which may cause air or water pollution, provided that the environmental protection officer shall not design equipment or facilities for any person.

    (j)

    Establishing, operating and maintaining a continuous program for monitoring air and water pollution by means of countywide air and water quality surveillance networks designed to provide accurate data and information as to whether the requirements of this act [article] are being complied with and whether the level of air and water pollution is increasing or decreasing throughout the county.

    (k)

    Publication and dissemination of information to the public concerning air and water pollution and recommendation of methods for decreasing and eliminating pollution.

    (l)

    Rendition of all possible cooperation and assistance to federal, state and local agencies in the accomplishment of the effective control of air and water pollution.

    (m)

    Enlistment and encouragement of public support, assistance of civic, technical, scientific and educational organizations, and cooperation of industrial and business enterprises of all types of air and water pollution prevention facilities on latest techniques and operating procedures.

    (n)

    Making of periodic reports concerning the status of air and water pollution in the county and the enforcement of the provisions of this act [article] and the rules and regulations and recommendations concerning the improvement of pollution control requirements. Such reports shall be filed with the commission and shall be open for inspection to all other state, county, municipal and federal agencies.

    (o)

    Performance of such other administrative duties as may be assigned by the commission and the board of county commissioners.

(Code 1965, § 24-8; Laws of Fla. ch. 67-1830, § 8; Laws of Fla. ch. 84-490, § 6)