Ditchmen • NUCA of Florida Ditchmen • January 2017 - Page 21

supplement or go beyond the current laws relating to notice requirements for reportable releases? Another concern is that the proposed rule mandates the reporting entity to assess and establish what the pollution risks are and establish what precautions should be taken. Most companies do not have the expertise onhand to determine risk or necessary precautions, and we believe that task should fall upon the Department of Environmental Protection as is the current practice. Moreover, current notice requirements for reportable spills do not require notice to the media or mass communication. The Honorable Jon Steverson, Secretary November 9, 2016 Page Two In addition, we believe the proposed rule shifts the focus for the regulated community to “process” when a spill occurs, rather than to clean-up of the incident. Businesses will be forced to establish the necessary expertise and costly infrastructure to locate and alert local public officials, local governments, property owners, the general public and the local media within a 24-hour timeframe. For contractors and the construction industry, this would also include project owners, engineers, subcontractors, etc. Shouldn’t notifying the public and the media of risk and precautions of potential pollution hazards be the responsibility of the agency charged with “environmental protection?” Furthermore, the notice provisions included within the rule need more clarity for the obligations identified within 24-hour period and the 48-hour notice requirement. Moreover, a known tenet of “crisis management” is that there should be one central clearinghouse for information and communication dissemination so that the management of information and misinformation can be accomplished without undue alarm to the public. We believe the department should serve as this information “clearinghouse,” especially as it relates to notifying the media, in an effort to limit conflicting messages. In closing, I would ask that you provide additional, adequate time for review and comment on the proposed Pollution Notice Rule so that we can get valuable feedback from our members that are directly impacted by the proposal and help craft a workable solution. Kindest regards, Kari Hebrank, NUCA Executive Vice Preisdent • • • NUCA OF FLORIDA JANUARY 2017 • DITCHMEN 21