ABOUT THE LEGAL DEPARTMENT

The EPC Legal Department has a four person staff located at the EPC's Roger P. Stewart Environmental Complex in Sabal Park.

Richard "Rick" Tschantz, EPC General Counsel, previously served as Deputy General Counsel for the Southwest Florida Water Management District and has extensive environmental law experience with a focus on agency permitting and enforcement matters and litigation. 

T. Andrew "Andy" Zodrow practices administrative and environmental law at the EPC, with previous similar experience in private practice and at the Florida Department of Environmental Protection (DEP). In his current capacity, Mr. Zodrow concentrates on rulemaking, permitting and enforcement matters for the Wetland Management Division and Waste Management Division, plus he assists in coordinating EPC comments regarding DRIs, Comp Plan amendments, and various easements and utility corridors.

Ricardo "Rick" Muratti practices administrative and environmental law at the EPC, with similar past experience working at the DEP and the Hillsborough County Attorney’s Office.  In his current capacity, Mr. Muratti focuses on rulemaking, permitting and enforcement matters for the Water Management Division and Air Management Division, plus he reviews legislation, brownfields matters, pollution recovery fund agreements, and contracts.

Jeannette Figari is the Legal Secretary for the department.  In that capacity, she also serves as an agency clerk, the CEAC liaison, and the public records request coordinator.

MISSION

The EPC Legal Department functions as counsel for the Commission, the Executive Director, and staff in all aspects of agency activities. Generally, the Legal Department interprets, implements, and enforces local, state, and federal environmental regulations, assists staff in developing programs to prevent environmental problems from occurring and in negotiating resolutions when they do. The department also assists in permit reviews, the development and adoption of local regulations, provides administrative support to the Citizens Environmental Advisory Committee (CEAC), drafts and reviews contracts, and attends meetings as requested by staff or the Commission.

EPC was originally created by the Florida Legislature in 1967 (Chapter 67-1504, Laws of Florida), and its enabling legislation was later re-codified as 84-446, Laws of Florida, as amended (Enabling Act) (Act and Rule link).  EPC is a State-approved local pollution control program under Section 403.182 Florida Statutes, and has continuing General Agreements and Specific Operating Agreements with the Florida Department of Environmental Protection (DEP) which provide for coordination and delegation of certain state and federal programs.  In addition, EPC has several contracts and memorandums of understanding with various agencies to streamline and improve regulatory effectiveness.  The Legal Department assists in maintaining these agreements and in working with the Hillsborough County Legislative Delegation in the development of statewide environmental policy.  The Legal Department also helps to coordinate the Commission's programs with other agencies and/or private entities.

-Enforcement

Failure to comply with environmental regulations impacts the resources of the county and its citizens. Enforcement of regulations in a manner designed to bring about immediate and continued compliance with EPC's Enabling Act and rules is essential. Enforcement activities can be administrative proceedings or civil actions before a court of competent jurisdiction. Compliance can also be compelled through the prosecution of environmental crimes, and although the EPC Legal Department does not prosecute these crimes, it serves as an agency liaison with law enforcement and prosecutors.

Standard enforcement procedures involve identification of a possible problem, and communication with the responsible party to determine the facts. Where correction occurs promptly, many times further enforcement action is usually not necessary.  Warning Notices or warning letters are often sent to the responsible party to be certain that they are aware of the concern and given an opportunity to correct it. Often, a case can be resolved through a negotiated settlement (e.g. - Consent Order, Short Form Consent Order, etc.) specifying the corrections that are agreed upon, a time frame for implementing them, and provisions to recover agency enforcement costs, along with a monetary settlement in lieu of a civil penalty.  Settlement payments are made to the Pollution Recovery Fund. The Enabling Act provides for civil penalties of up to $5,000 per violation per day and Chapter 403 provides for civil penalties of up to $10,000 per violation per day.  Where settlement cannot be agreed upon, the Executive Director is responsible for pursuing civil law suits or issuing a Citation or a Notice of Violation, which is a formal administrative finding of violation.

EPC and DEP Penalty Guidelines and Matrices (please contact EPC staff for the most up to date guidelines and matrices, as they are subject to change by the EPC or DEP)

-Administrative Proceedings

Administrative proceedings can be requested as a result of a disputed citation, NOV, or permitting decision.  Usually, administrative proceedings are less time consuming and less expensive than civil litigation.  The proceedings, similar to a civil trial, are typically held before a Commission-appointed Hearing Officer or a Florida Division of Administrative Hearings' (DOAH) Administrative Law Judge.  The provisions of Chapter 1-2, Rules of the Commission, set out the various procedures that apply.  The Legal Department defends the actions of the agency in administrative proceedings requested by others when challenging a permitting or enforcement decision.  However, there are occasions when an administrative proceeding before another agency is requested by the Legal Department on behalf of the Commission or its Executive Director to challenge that agency's decision. As part of the EPC intergovernmental coordination with Hillsborough County via the Water Resource Services department, the EPC works closely with local governments, the Water Management District, and Tampa Bay Water to ensure sound water supply projects do not impact the environment.  In an effort to expedite water supply related disputes, the EPC and the County may arbitrate certain permits applied for by Tampa Bay Water.

-Litigation

In addition to administrative processes, the Commission and the Executive Director are authorized by the Enabling Act to file a civil suit in court to enforce compliance with its Act and regulations. Settlement prior to litigation frequently results in achieving compliance more rapidly and less costly than can be expected through litigation. The EPC may consider settlement after the commencement of litigation, typically through a Consent Final Judgment, but the costs increase considerably if the EPC is forced to litigate. Additionally, enforcement can be undertaken jointly with the other regulatory agencies, such as the DEP and the U.S. Environmental Protection Agency. EPC is also a participating member of the Tampa Bay Environmental Crimes Task Force. This task force brings together local, state, and federal regulatory or law enforcement agencies with state and federal prosecutors for the purpose of investigating and prosecuting environmental crimes.

LEGAL INTERN VOLUNTEER OPPORTUNITIES

The Legal Department also works with law schools and individual law students to provide volunteer opportunities for students interested in environmental law.  Among other duties, the volunteer interns will be able to observe Commission meetings, staff meetings, and negotiations, assist in drafting legal documents (e.g. – complaints, settlements, motions, etc.), perform legal research, and attend field investigations.  Please contact the EPC Legal Department at the phone number below for further details.

CONTACT EPC LEGAL DEPARTMENT

3629 Queen Palm Dr.
Tampa, FL 33619
Phone:  (813) 627-2600
Fax:  (813) 627-2602
epcinfo@epchc.org

LEGAL RELATED LINKS

• Online Sunshine - Official Guide to the State of Florida Legislature & FL Statutes
• OGC - FL Department of Environmental Protection Office of General Counsel

• EPA Regulations
• Florida Administrative Weekly and Florida Administrative Code
• Florida BAR
• Hillsborough County – Office of the County Attorney