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12/12/1984
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12/12/1984
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
12/12/1984
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one legal staff member, part-time, to support our activities in <br />this area. Additionally, the system breaks down when violators <br />refuse to comply with the "administrative orders" of Tallahassee. <br />In the final analysis, this department may and often does become <br />involved in the regulatory activities of many departments through <br />Florida statute 386, Nuisances Injurious to Health. <br />We have learned that most of these other state regulatory agencies <br />have their own frustrations with their ability to enforce regula- <br />tions. In our experience, the only effective means we have dis- <br />covered is through an "Environmental Control Board" or other such <br />entity established at the local level to hear local problems that <br />provide for relief in a quick and expeditious manner. <br />We have attached a proposal that will allow for the establishment <br />of an Environmental Control Board in Indian River County. We <br />propose to submit it to our local delegation by December 14th <br />so that they may have it prepared for their January meeting. <br />When the bill is passed by the Florida Legislature, this board <br />is able to enforce state law at the local level. The board <br />appoints a "hearing board" to hear cases. The "offending" party <br />still has appeal rights to the judicial system. <br />The Environmental Health section will provide staff, present <br />cases, and generally assist the hearing board in its activities. <br />There will probably be some legal assistance needed by the county <br />attorney however he has assured us this will not be a major ob- <br />stacle. <br />In other areas, these boards are used by state agencies other <br />than the Department of Health and Rehabilitative Services. The <br />Department of Environmental Regulation makes extensive use of <br />Martin Counties Environmental Control Board. The Department <br />of Business Regulation, Department of Natural Resources and the <br />Department of Transportation could possibly be assisted by a <br />board such as this. St. Lucie, Palm Beach, Broward, and Dade <br />counties have establilshed similar boards. <br />Mr. Galanis stated that Attorney Brandenburg was very <br />helpful in preparing the proposed Bill. He reported that many <br />counties, including Martin and St. Lucie, already have taken this <br />step, and all he is asking today is that the Commission authorize <br />and support the efforts of State Representative Patchett in <br />getting a Bill passed so we can set up such a board sometime next <br />year. <br />Commissioner Bird asked who would designate the Environmen- <br />tal Control Officer, and whether it would be Mr. Galanis or <br />someone he hired. <br />Mr. Galanis stated that it would be the Board's choice, and <br />Attorney Brandenburg believed the intent would be to designate <br />Mr. Galanis the Environmental Control Officer. There would be no <br />positions at this time so there should not be a need for any <br />employees. <br />45 <br />D E C 12 1984 BOOK 59 F''CE 19, 7 <br />
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