1. Chapter 15, Amended Article II Appeals To EPC Presented by EPD May 1, 2007 Presented by EPD May 1, 2007 BCC Public Hearing BCC Public Hearing

2. Presentation Outline Purpose Background Ordinance Review Summary Action Requested Purpose Background Ordinance Review Summary Action Requested

3. Presentation Outline

4. Purpose Create appropriate appeal procedures for different types of decisions of the Environmental Protection Officer (EPO)

5. Presentation Outline

6. Background EPC Created by Special Act of the Florida Legislature, effective May 19, 1984 Diverse group of members (7) appointed by the Board of County Commissioners (BCC) Recommends revisions to ordinances, permitting fees, and hears appeals of actions or decisions of the EPO EPC Created by Special Act of the Florida Legislature, effective May 19, 1984 Diverse group of members (7) appointed by the Board of County Commissioners (BCC) Recommends revisions to ordinances, permitting fees, and hears appeals of actions or decisions of the EPO

7. Background Current Appeal Process Written appeal is sent to EPO within 15 days of action or decision Hearing is set for earliest available meeting EPC may affirm, reverse, or modify the action or decision of the EPO EPC decision is final All appeals of EPC decisions go to Circuit Court Current Appeal Process Written appeal is sent to EPO within 15 days of action or decision Hearing is set for earliest available meeting EPC may affirm, reverse, or modify the action or decision of the EPO EPC decision is final All appeals of EPC decisions go to Circuit Court

8. Presentation Outline

9. Ordinance Review New process splits final decisions of the EPO into two categories; Non enforcement related Enforcement related New process splits final decisions of the EPO into two categories; Non enforcement related Enforcement related

10. Ordinance Review Non enforcement related: Written appeal is sent to EPO within 15 days of action or decision Hearing is set for earliest available meeting EPC may affirm, reverse, or modify the action or decision of the EPO BCC hears appeals to EPC decision Non enforcement related: Written appeal is sent to EPO within 15 days of action or decision Hearing is set for earliest available meeting EPC may affirm, reverse, or modify the action or decision of the EPO BCC hears appeals to EPC decision

11. Ordinance Review Enforcement related: Must appeal to EPO within 30 days of receipt of a Notice of Violation Hearing is set for earliest available meeting EPC conducts review and provides EPO with recommendation Enforcement related: Must appeal to EPO within 30 days of receipt of a Notice of Violation Hearing is set for earliest available meeting EPC conducts review and provides EPO with recommendation

12. Ordinance Review Public Input: EPD held one public workshop One public meeting with EPC Public Input: EPD held one public workshop One public meeting with EPC

13. Presentation Outline

14. Summary Create appropriate appeal procedures for different types of decisions of the Environmental Protection Officer (EPO)

15. Presentation Outline

16. Action Requested Approve Chapter 15, Amended Article II, Section 15-38, “Appeals From Decisions of the Environmental Protection Officer”