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10/12/21, 12:15 PM Indian River County, FL Code of Ordinances <br />Regulation and the Departmentof Health and Rehabilitative Services, pertaining to environmental control <br />or violation of a Hearing Board Order. <br />(9) "Rule" means the whole or a pat of the Board's statement of general or particula3pplicability and future <br />effect designed to implement, interpret, or prescribe lavor policy or describing the organization, <br />procedure, or practice requirements of theBoard. <br />Section 4. Indian River County Environmental Control Board; Organization. <br />(1) The Board is established pursuant to this act and shall consist of the five memberaf the Board of County <br />Commissioners of Indian River County who shall serve withoutompensation. <br />(2) The presence of three members of the Board shall constitute a quorum necessary tbold a meeting and <br />take any action. A majority vote of the membership shall be necessarjro take any action. The members <br />of the Board shall annually elect a chairman who shalterve at the will of the Board. The chairman may <br />call meetings of the Board, and meetingsmay be called by written notice signed by three members, and <br />the Board at any meetingmay fix and call a meeting on a future date. Minutes shall be kept of all <br />meetings of the Board. All meetings shall be public. <br />Section 5. Environmental Control Board; Duties and Powers. The Board shall have thfDllowing duties, functions, <br />powers, and responsibilities. <br />(1) The Board shall adopt, revise, and amend from time to time appropriate rules necessarfpr the <br />implementation and effective enforcement, administration, and interpretatioof the provisions of this <br />act, and shall provide for the effective and continuingontrol and regulation of the environment in the <br />county within the framework of thisact. When approved by the Board and filed with the Clerk of the <br />Board of County Commissioners,and adopted as per the following, such rules shall have the force and <br />effect of law: <br />(a) Prior to the adoption, amendment, or repeal of any such rule, the Board shall givpublic notice of its <br />intended action, setting forth a short and plain explanatiorof the purpose and effect of the proposed <br />rule, and a summary of the proposed ruleand shall cite this act as specific legal authority under <br />which its adoption is authorized.The notice shall contain the location where the text of the proposed <br />rule can be obtainedif such text is not included in the notice. The notice shall be mailed to persons <br />who have made requests o- the Board for advance notice of its proceedings at Iea51t4 days prior to <br />such mailing. Notice shall be given by publication at least oncel 5 days in advance, in a newspaper of <br />general circulation in the County. <br />(b) Any person regulated by the Board or having a substantial interest in a Board rulfnay petition the <br />Board to adopt, amend, or repeal or rule. The petition shall specifyhe proposed rule and action <br />requested. Not later than 30 calendar days after thaiate of filing a petition, the Board shall initiate <br />rulemaking proceedings under thisact, otherwise comply with the requested action, or deny the <br />petition with a writtenstatement of its reasons for the denial. In addition, the Board shall require <br />from those proposing a rule or change an estimate of the economic impact of the proposed.ile on <br />all persons affected by it. <br />(c) The Board shall keep a complete record of all rulemaking proceedings. In such proceedingtbe <br />Board may take notice of any material which may be judicially noticed, withodUrther proof thereof, <br />and it shall provide that materials so recognized and any evidencpresented shall be incorporated <br />112 <br />2/7 <br />