Florida Statutes Part I - Pollution Control (Ss. 403.011-403.42)

• 403.011 - Short Title.
  This act shall be known and cited as the “Florida Air and Water Pollution Control Act.”History.—s. 2, ch. 67-436.
• 403.021 - Legislative Declaration; Public Policy.
  (1) The pollution of the air and waters of this state constitutes a menace to public health and welfare; creates public nuisances; is harmful to wildlife...
• 403.031 - Definitions.
  In construing this chapter, or rules and regulations adopted pursuant hereto, the following words, phrases, or terms, unless the context otherwise indicates, have the following...
• 403.051 - Meetings; Hearings And Procedure.
  (1) The department shall cause a transcript of the proceedings at all meetings to be made.(2)(a) Any department planning, permitting, design, construction, modification, or operating standards, criteria,...
• 403.061 - Department; Powers And Duties.
  The department shall have the power and the duty to control and prohibit pollution of air and water in accordance with the law and rules...
• 403.0611 - Alternative Methods Of Regulatory Permitting; Department Duties.
  The Department of Environmental Protection is directed to explore alternatives to traditional methods of regulatory permitting, provided that such alternative methods will not allow a...
• 403.0615 - Water Resources Restoration And Preservation.
  (1) This section may be cited as the “Water Resources Restoration and Preservation Act.”(2) Subject to specific legislative appropriation, the department shall establish a program to assist...
• 403.062 - Pollution Control; Underground, Surface, And Coastal Waters.
  The department and its agents shall have general control and supervision over underground water, lakes, rivers, streams, canals, ditches, and coastal waters under the jurisdiction...
• 403.0623 - Environmental Data; Quality Assurance.
  The department must establish, by rule, appropriate quality assurance requirements for environmental data submitted to the department and the criteria by which environmental data may...
• 403.0625 - Environmental Laboratory Certification; Water Quality Tests Conducted By A Certified Laboratory.
  (1) To assure the acceptable quality, reliability, and validity of testing results, the department and the Department of Health shall jointly establish criteria for certification of...
• 403.063 - Groundwater Quality Monitoring.
  (1) The department, in cooperation with other state and federal agencies, water management districts, and local governments, shall establish a groundwater quality monitoring network designed to...
• 403.064 - Reuse Of Reclaimed Water.
  (1) The encouragement and promotion of water conservation, and reuse of reclaimed water, as defined by the department, are state objectives and are considered to be...
• 403.0645 - Reclaimed Water Use At State Facilities.
  (1) The encouragement and promotion of reuse of reclaimed water has been established as a state objective in ss. 373.250 and 403.064. Reuse has become an...
• 403.067 - Establishment And Implementation Of Total Maximum Daily Loads.
  (1) LEGISLATIVE FINDINGS AND INTENT.—In furtherance of public policy established in s. 403.021, the Legislature declares that the waters of the state are among its most...
• 403.072 - Pollution Prevention Act.
  Sections 403.072-403.074 may be cited as the “Pollution Prevention Act.”History.—s. 25, ch. 91-305.
• 403.073 - Pollution Prevention; State Goal; Agency Programs; Public Education.
  (1) It is a goal of the state that all its agencies, the State University System, community colleges, and all municipalities, counties, regional agencies, and special...
• 403.074 - Technical Assistance By The Department.
  (1) To help develop effective programs to eliminate or reduce the use of materials that are toxic to humans, plants, or animals and to prevent pollution...
• 403.075 - Legislative Findings.
  In addition to the declarations contained in s. 403.021, the Legislature finds that:(1) Ecosystem management is a concept that includes coordinating the planning activities of state...
• 403.0752 - Ecosystem Management Agreements.
  (1) Upon the request of an applicant, the secretary of the department is authorized to enter into an ecosystem management agreement regarding any environmental impacts with...
• 403.081 - Performance By Other State Agencies.
  All state agencies, including the Department of Health, shall be available to the department to perform, at its direction, the duties required of the department...
• 403.085 - Sanitary Sewage Disposal Units; Advanced And Secondary Waste Treatment; Industrial Waste Treatment.
  (1) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any disposal well for sanitary sewage...
• 403.086 - Sewage Disposal Facilities; Advanced And Secondary Waste Treatment.
  (1)(a) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any facilities for sanitary sewage disposal...
• 403.08601 - Leah Schad Memorial Ocean Outfall Program.
  The Legislature declares that as funds become available the state may assist the local governments and agencies responsible for implementing the Leah Schad Memorial Ocean...
• 403.0862 - Discharge Of Waste From State Groundwater Cleanup Operations To Publicly Owned Treatment Works.
  (1) Upon agreement between a local governmental agency and the department, treated waste resulting from the department’s cleanup or restoration of contaminated groundwater may be discharged...
• 403.087 - Permits; General Issuance; Denial; Revocation; Prohibition; Penalty.
  (1) A stationary installation that is reasonably expected to be a source of air or water pollution must not be operated, maintained, constructed, expanded, or modified...
• 403.0871 - Florida Permit Fee Trust Fund.
  There is established within the department a nonlapsing trust fund to be known as the “Florida Permit Fee Trust Fund.” All funds received from applicants...
• 403.0872 - Operation Permits For Major Sources Of Air Pollution; Annual Operation License Fee.
  Provided that program approval pursuant to 42 U.S.C. s. 7661a has been received from the United States Environmental Protection Agency, beginning January 2, 1995, each...
• 403.0873 - Florida Air-operation License Fee Account.
  The “Florida Air-Operation License Fee Account” is established as a nonlapsing account within the Department of Environmental Protection’s Air Pollution Control Trust Fund. All license...
• 403.08735 - Air Emissions Trading.
  (1) GENERIC AIR EMISSIONS BUBBLE RULE.—The department shall promulgate by July 1, 1996, a generic air emissions bubble rule to the fullest extent consistent with federal...
• 403.0874 - Air Pollution Control Trust Fund.
  (1) The Air Pollution Control Trust Fund is established in and administered by the Department of Environmental Protection.(2) Funds to be credited to and uses of the...
• 403.0875 - Citation Of Rule.
  In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application...
• 403.0876 - Permits; Processing.
  (1) Within 30 days after receipt of an application for a permit under this chapter, the department shall review the application and shall request submittal of...
• 403.0877 - Certification By Professionals Regulated By The Department Of Business And Professional Regulation.
  (1) Nothing in this section shall be construed as specific authority for a water management district or the department to require certification by a professional engineer...
• 403.088 - Water Pollution Operation Permits; Conditions.
  (1) Without the written authorization of the department, a person may not discharge any waste into the waters of the state which, by itself or in...
• 403.0881 - Wastewater Or Reuse Or Disposal Systems Or Water Treatment Works; Construction Permits.
  The department may issue construction permits under s. 403.087 for wastewater systems, treatment works, or reuse or disposal systems based upon review of a preliminary...
• 403.0882 - Discharge Of Demineralization Concentrate.
  (1) The Legislature finds and declares that it is in the public interest to conserve and protect water resources, provide adequate water supplies and provide for...
• 403.0885 - Establishment Of Federally Approved State National Pollutant Discharge Elimination System (Npdes) Program.
  (1) The Legislature finds and declares that it is in the public interest to promote effective and efficient regulation of the discharge of pollutants into waters...
• 403.08852 - Clarification Of Requirements Under Rule 62-302.520(2), F. A. C.
  For purposes of rule 62-302.520(2), Florida Administrative Code, new sources of heated water discharges shall include an expansion, modification, alteration, replacement, or repair of an...
• 403.0891 - State, Regional, And Local Stormwater Management Plans And Programs.
  The department, the water management districts, and local governments shall have the responsibility for the development of mutually compatible stormwater management programs.(1) The department shall include...
• 403.0893 - Stormwater Funding; Dedicated Funds For Stormwater Management.
  In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may:(1) Create one...
• 403.0896 - Training And Assistance For Stormwater Management System Personnel.
  The Stormwater Management Assistance Consortium of the State University System, working in cooperation with the community colleges in the state, interested accredited private colleges and...
• 403.091 - Inspections.
  (1)(a) Any duly authorized representative of the department may at any reasonable time enter and inspect, for the purpose of ascertaining the state of compliance with...
• 403.092 - Package Sewage Treatment Facilities; Inspection.
  The department shall implement a program to conduct regular and continuing inspection of package sewage treatment facilities. To the greatest extent possible consistent with the...
• 403.111 - Confidential Records.
  (1) Any information, other than effluent data and those records described in 42 U.S.C. s. 7661a(b)(8), relating to secret processes or secret methods of manufacture or...
• 403.121 - Enforcement; Procedure; Remedies.
  The department shall have the following judicial and administrative remedies available to it for violations of this chapter, as specified in s. 403.161(1).(1) Judicial remedies:(a) The department...
• 403.131 - Injunctive Relief, Remedies.
  (1) The department may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this chapter or any...
• 403.135 - Persons Who Accept Wastewater For Spray Irrigation; Civil Liability.
  (1) Any person who in good faith accepts from any owner or operator of a permitted wastewater treatment or disposal plant any wastewater permitted and intended...
• 403.141 - Civil Liability; Joint And Several Liability.
  (1) Whoever commits a violation specified in s. 403.161(1) is liable to the state for any damage caused to the air, waters, or property, including animal,...
• 403.151 - Compliance With Rules Or Orders Of Department.
  All rules or orders of the department which require action to comply with standards adopted by it, or orders to comply with any provisions of...
• 403.161 - Prohibitions, Violation, Penalty, Intent.
  (1) It shall be a violation of this chapter, and it shall be prohibited for any person:(a) To cause pollution, except as otherwise provided in this chapter,...
• 403.1655 - Environmental Short-term Emergency Response Program.
  (1) It is the purpose of this section to provide a mechanism through which the state can immediately respond to short-term emergencies involving a threat to...
• 403.1815 - Construction Of Water Distribution Mains And Sewage Collection And Transmission Systems; Local Regulation.
  Notwithstanding any other provision of this chapter to the contrary, the department may, upon request, allow any county or municipality to independently regulate the construction...
• 403.182 - Local Pollution Control Programs.
  (1) Each county and municipality or any combination thereof may establish and administer a local pollution control program if it complies with this act. Local pollution...
• 403.1832 - Grants And Donations Trust Fund.
  (1) The Grants and Donations Trust Fund is administered by the Department of Environmental Protection. The fund is intended to serve as the depository for grants...
• 403.1834 - State Bonds To Finance Or Refinance Facilities; Exemption From Taxation.
  (1) The issuance of state bonds to finance or refinance the construction of water supply and distribution facilities, stormwater control and treatment facilities, and air and...
• 403.1835 - Water Pollution Control Financial Assistance.
  (1) The purpose of this section is to assist in implementing the legislative declaration of public policy as contained in s. 403.021 by establishing a self-perpetuating...
• 403.1837 - Florida Water Pollution Control Financing Corporation.
  (1) The Florida Water Pollution Control Financing Corporation is created as a nonprofit public-benefit corporation for the purpose of financing or refinancing the costs of projects...
• 403.1838 - Small Community Sewer Construction Assistance Act.
  (1) This section may be cited as the “Small Community Sewer Construction Assistance Act.”(2) The department shall use funds specifically appropriated to award grants under this section...
• 403.191 - Construction In Relation To Other Law.
  (1) It is the purpose of this act to provide additional and cumulative remedies to prevent, abate, and control the pollution of the air and waters...
• 403.201 - Variances.
  (1) Upon application, the department in its discretion may grant a variance from the provisions of this act or the rules and regulations adopted pursuant hereto....
• 403.231 - Department Of Legal Affairs To Represent The State.
  The Department of Legal Affairs shall represent the state and its agencies as legal adviser in carrying out the provisions of this act.History.—s. 24, ch....
• 403.251 - Safety Clause.
  The Legislature hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health and safety.History.—s. 27, ch.
• 403.281 - Definitions; Weather Modification Law.
  As used in this chapter relating to weather modification:(1) “Department” means the Department of Environmental Protection.(2) “Person” includes any public or private corporation.History.—s. 1, ch. 57-128; ss....
• 403.291 - Purpose Of Weather Modification Law.
  The purpose of this law is to promote the public safety and welfare by providing for the licensing, regulation and control of interference by artificial...
• 403.301 - Artificial Weather Modification Operation; License Required.
  No person without securing a license from the department, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail,...
• 403.311 - Application For Weather Modification Licensing; Fee.
  (1) Any person desiring to do or perform any of the acts specified in s. 403.301 may file with the department an application for a license...
• 403.321 - Proof Of Financial Responsibility.
  (1) No license shall be issued to any person until he or she has filed with the department proof of ability to respond in damages for...
• 403.331 - Issuance Of License; Suspension Or Revocation; Renewal.
  (1) The department shall issue a license to each applicant who:(a) By education, skill and experience appears to be qualified to undertake the weather modification operation proposed...
• 403.341 - Filing And Publication Of Notice Of Intention To Operate; Limitation On Area And Time.
  Prior to undertaking any operation authorized by the license, the licensee shall file with the department and cause to be published a notice of intention....
• 403.351 - Contents Of Notice Of Intention.
  The notice of intention shall set forth all of the following:(1) The name and post office address of the licensee.(2) The name and post office address of...
• 403.361 - Publication Of Notice Of Intention.
  The licensee shall cause the notice of intention to be published at least once a week for 2 consecutive weeks in a newspaper having general...
• 403.371 - Proof Of Publication.
  Proof of publication shall be filed by the licensee with the department 15 days from the date of the last publication of notice. Proof of...
• 403.381 - Record And Reports Of Operations.
  (1) Each licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license showing the method...
• 403.391 - Emergency Licenses.
  Notwithstanding any provisions of this act to the contrary, the department may grant a license permitting a weather modification operation without compliance by the licensee...
• 403.401 - Suspension Or Revocation Of License.
  Any license may be revoked or suspended if the department finds that the licensee has failed or refused to comply with any of the provisions...
• 403.411 - Penalty.
  Any person conducting a weather modification operation without first having procured a license, or who shall make a false statement in his or her application...
• 403.412 - Environmental Protection Act.
  (1) This section shall be known and may be cited as the “Environmental Protection Act of 1971.”(2)(a) The Department of Legal Affairs, any political subdivision or municipality...
• 403.413 - Florida Litter Law.
  (1) SHORT TITLE.—This section may be cited as the “Florida Litter Law.”(2) DEFINITIONS.—As used in this section:(a) “Aircraft” means a motor vehicle or other vehicle that is used...
• 403.4131 - Litter Control.
  (1) The Department of Transportation shall establish an “adopt-a-highway” program to allow local organizations to be identified with specific highway cleanup and highway beautification projects authorized...
• 403.41315 - Comprehensive Illegal Dumping, Litter, And Marine Debris Control And Prevention.
  (1) The Legislature finds that a comprehensive illegal dumping, litter, and marine debris control and prevention program is necessary to protect the beauty and the environment...
• 403.4132 - Litter Pickup And Removal.
  Local governments are encouraged to initiate programs to supplement the existing litter-removal program for public places and highway systems operated by the Department of Transportation....
• 403.4133 - Adopt-a-shore Program.
  (1) The Legislature finds that litter and illegal dumping present a threat to the state’s wildlife, environment, and shorelines. The Legislature further finds that public awareness...
• 403.4135 - Litter Receptacles.
  (1) DEFINITIONS.—As used in this section “litter” and “vessel” have the same meanings as provided in s. 403.413.(2) RECEPTACLES REQUIRED.—All ports, terminal facilities, boatyards, marinas, and other...
• 403.414 - Environmental Award Program.
  (1) The department shall administer an environmental award program to recognize outstanding efforts in the protection, conservation, or restoration of the air, water, or other natural...
• 403.415 - Motor Vehicle Noise.
  (1) SHORT TITLE.—This act shall be known and may be cited as the “Florida Motor Vehicle Noise Prevention and Control Act of 1974.”(2)(a) LEGISLATIVE INTENT.—The intent of...
• 403.4151 - Exempt Motor Vehicles.
  The provisions of this act shall not apply to any motor vehicle which is not required to be licensed under the provisions of chapter 320.History.—s....
• 403.4153 - Federal Preemption.
  On and after the date of promulgation of noise emission standards by the administrator of the United States Environmental Protection Agency for a class of...
• 403.4154 - Phosphogypsum Management Program.
  (1) DEFINITIONS.—As used in this section, the term:(a) “Department” means the Department of Environmental Protection.(b) “Existing stack” means a phosphogypsum stack, as defined in paragraph (d), that is:1. In...
• 403.4155 - Phosphogypsum Management; Rulemaking Authority.
  (1) The Department of Environmental Protection shall adopt rules to amend existing chapter 62-672, Florida Administrative Code, to ensure that impoundment structures and water conveyance piping...
• 403.42 - Florida Clean Fuel Act.
  (1) SHORT TITLE AND PURPOSE.—(a) This section may be cited as the “Florida Clean Fuel Act.”(b) The purposes of this act are to establish the Clean Fuel Florida...

Last modified: September 23, 2016