Ditchmen • NUCA of Florida Ditchmen • January 2017 - Page 20

LETTER TO SECRETARY STEVENSON Pollution Rule NUCA OF FLORIDA Dear Secretary Steverson, I am writing you today on behalf of the National Utility Contractors Association of Florida (NUCA of Florida) to express concerns with the Proposed Rule 62- 4.161, F.A.C., Public Notice of Pollution, which was released Friday afternoon, November 4, 2016. NUCA of Florida is a nonprofit trade association, representing more than 350 underground utility contractors, material and equipment suppliers, and manufacturers throughout Florida. Our members are involved in water, sewer, gas and telephone installations achieved through open excavation or trenchless technology. Although NUCA of Florida believes the intent of rule- -to expand transparency in discharges that may impact our air, land and groundwater-- is a laudable goal, we believe the current draft rule as proposed presents some regulatory and procedural hurdles for the regulated community, including the underground utility contractors and the construction industry as a whole. Some of our specific concerns with the rule centers on the issue of “reportable releases” and the associated quantity as the rule as presented is unclear as to whether one gallon, a few gallons or a few hundred gallons of a potential contaminate qualifies as a “reportable” action. Should the factors such as the concentration of the pollution, the ambient conditions or geological influence be considered? Likewise, is the reporting required under the provisions of the rule meant to duplicate, 20 DITCHMEN • JANUARY 2017