Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT
Section 40E-6.481 - Emergency Measures
Current through Reg. 50, No. 187; September 24, 2024
(1) In addition to the provisions of Rule 40E-6.521, F.A.C., permitted uses are also subject to immediate alteration, repair or removal if an emergency condition exists and the continued exercise of the permitted use might endanger lives or property.
(2) In such event the Permittee shall immediately comply with any written or oral instructions from the District regarding alteration, repair or removal of the permitted use.
(3) If the Permittee fails to remove, alter or repair a permitted use when so ordered by the District, the District is authorized to repair, alter or remove it at the Permittee's expense.
(4) Permittee may request an administrative hearing regarding the emergency order in accordance with the procedures set forth in Rule 28-107.004, F.A.C.
(5) In addition to the provision of Rule 40E-6.521, F.A.C., unpermitted uses are also subject to the provisions of this section.
(6) In no circumstances shall the District be responsible for any claims or damages caused in whole or in part, from any necessary emergency removal, alteration, or repair of any permitted or unpermitted use.
(7) All permitted and unpermitted uses are subject to the specific terms of an Emergency Order(s) which may be issued by the District.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 373.119, 373.439 FS.
New 9-3-81, Formerly 16K-5.08, Amended 12-29-86, 7-2-98, 9-15-99, 8-12-13.