Sec. 360.108. - Conformity of rules, etc., with State law.

It is hereby determined and declared that: (a) The creation of the Board was and is to protect and regulate environmental quality and environmental health within the City, in accordance with the public policy declared in Section 360.101 and the responsibility of the Consolidated Government in Section 360.103 . (b) The Board is empowered to adopt rules substantively identical to regulations adopted in the Federal Register by the United States Environmental Protection Agency pursuant to federal law and to regulations adopted in the Florida Administrative Weekly by the Environmental Regulation Commission or by the Secretary of the Department of Environmental Protection pursuant to State law. In this case, the Board shall reference in the rule adopted by it the federal or State regulation with which it is substantively identical; the rule shall nevertheless be adopted in accordance with Chapter 100 . In adopting rules pursuant to this subsection, the Board shall specify which federal or State regulations it may have considered but declined to adopt as a local rule pursuant to this Chapter. (c) The Board is directed to maintain a continuing overview of the changes made by the United States or the State to the regulations which are referenced by the Board pursuant to subsection (b) of this Section which substantially change the law as applied, interpreted or implemented by those regulations. The Board shall apply and follow, in its application of the rules adopted pursuant to subsection (b) of this Section, the interpretations of the corresponding regulations in the Code of Federal Regulations and the Florida Administrative Code made by the courts, by the United States Environmental Protection Agency, by the State Environmental Regulation Commission or by the Secretary of the Department of Environmental Protection and shall be guided by opinions of the Attorney General of the State with respect to the State regulations, without prejudice to the authority of the General Counsel to issue opinions with respect to this Chapter or Chapters 362 , 368 and 376 and a rule adopted pursuant to them or its application in particular instances. (d) Whenever a regulation contained in the Code of Federal Regulations or the Florida Administrative Code which is substantively identical to a rule adopted by the Board pursuant to subsection (b) of this Section is declared invalid or is withdrawn, revoked, repealed or remanded, so that its application at the federal or State level is terminated, suspended, withdrawn or substantially changed, the Board shall, by notice published in the Register, suspend the enforcement of the rule adopted by it until final action is taken by the appropriate federal or State agency. This suspension of enforcement by the Board shall not affect administrative or judicial action previously taken by or before the Director, the Board or the courts. The Board may proceed to adopt a revised or amended rule which is substantively identical to a revised or amended federal or State regulation in accordance with Chapter 100 . (e) Whenever the Board intends to adopt a rule or standard which is different than or for which there is no substantively identical federal or State regulation, it shall report this fact to the Mayor and, prior to proceeding with rulemaking, make a determination, based upon the best evidence obtainable from all available sources, including evidence from the United States Environmental Protection Agency, the State Environmental Regulation Commission, the State Department of Environmental Protection or industry sources, that the proposed rule is or appears to be reasonably necessary based on a consideration of the likely environmental impact and administrative costs of implementing and enforcing the rule. Interested or affected persons may present evidence of compliance costs if they so desire. The Board shall not proceed with rulemaking until and unless the Mayor concurs in the Board's determination; provided, that the Mayor shall have 60 days from the date on which the Board's report is made to him in which to make his decision and, if he has not decided within this period, he shall be presumed to have concurred. If the Mayor does not concur, the Board shall not proceed with rulemaking. In determining whether he should concur, the Mayor may require the Board to conduct or cause to be conducted and file, as a part of the rulemaking proceeding: (1) An environmental impact assessment of the proposed rule which will indicate the results to be achieved as a result of the adoption and application of the rule in terms of reducing or eliminating air and water pollution, noise or odor. (2) An economic analysis of the proposed rule which will indicate the cost of compliance with and enforcement of the rule. (Ord. 84-674-684, § 1; Ord. 85-1295-690, § 1; Ord. 88-117-123, § 1)