Florida Statutes Title XXVIII Chapter 376 - Pollutant Discharge Prevention And Removal

• 376.011 - Pollutant Discharge Prevention And Control Act; Short Title.
  Sections 376.011-376.21 shall be known as the “Pollutant Discharge Prevention and Control Act.”History.—s. 1, ch. 70-244; s. 1, ch. 74-336; s. 79, ch. 83-310; s....
• 376.021 - Legislative Intent With Respect To Pollution Of Coastal Waters And Lands.
  (1) The Legislature finds and declares that the highest and best use of the seacoast of the state is as a source of public and private...
• 376.031 - Definitions; Ss. 376.011-376.21.
  When used in ss. 376.011-376.21, unless the context clearly requires otherwise, the term:(1) “Barrel” means 42 U.S. gallons at 60 degrees Fahrenheit.(2) “Board” means the board of...
• 376.041 - Pollution Of Waters And Lands Of The State Prohibited.
  The discharge of pollutants into or upon any coastal waters, estuaries, tidal flats, beaches, and lands adjoining the seacoast of the state in the manner...
• 376.051 - Powers And Duties Of The Department Of Environmental Protection.
  (1) The powers and duties conferred by ss. 376.011-376.21 shall be exercised by the department and shall be deemed to be an essential governmental function in...
• 376.065 - Operation Of Terminal Facility Without Discharge Prevention And Response Certificate Prohibited; Penalty.
  (1) Every owner or operator of a terminal facility shall obtain a discharge prevention and response certificate issued by the department. Terminal facilities which are vessels,...
• 376.07 - Regulatory Powers Of Department; Penalties For Inadequate Booming By Terminal Facilities.
  (1) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement ss. 376.011-376.21.(2) The department shall adopt rules including, but not limited to, the...
• 376.0705 - Development Of Training Programs And Educational Materials.
  The department shall encourage the development of training programs for personnel needed for pollutant discharge prevention and cleanup activities. The department shall work with accredited...
• 376.071 - Discharge Contingency Plan For Vessels.
  (1) Any vessel operating in state waters with a storage capacity to carry 10,000 gallons or more of pollutants as fuel or cargo shall maintain an...
• 376.09 - Removal Of Prohibited Discharges.
  (1) Any person discharging pollutants as prohibited by s. 376.041 shall immediately undertake to contain, remove, and abate the discharge to the department’s satisfaction. Notwithstanding the...
• 376.10 - Personnel And Equipment.
  The department shall establish and maintain at such ports within the state and other places as it shall determine such employees and equipment as in...
• 376.11 - Florida Coastal Protection Trust Fund.
  (1) The purpose of this section is to provide a mechanism to have financial resources immediately available for prevention of, and cleanup and rehabilitation after, a...
• 376.12 - Liabilities And Defenses Of Responsible Parties; Liabilities Of Third Parties; Financial Security Requirements For Vessels; Liability Of Cargo Owners; Notification Requirements.
  (1) LIABILITY FOR CLEANUP COSTS.—Because it is the intent of ss. 376.011-376.21 to provide the means for rapid and effective cleanup and to minimize cleanup costs...
• 376.121 - Liability For Damage To Natural Resources.
  The Legislature finds that extensive damage to the state’s natural resources is the likely result of a pollutant discharge and that it is essential that...
• 376.123 - Claims Against The Florida Coastal Protection Trust Fund.
  (1) A person making a claim against the fund may not have such claim approved during the pendency of a judicial or other proceeding by the...
• 376.13 - Emergency Proclamation; Governor’s Powers.
  (1) Whenever any emergency exists or appears imminent, arising from the discharge of oil, petroleum products or their byproducts, or any other pollutants, the Governor shall...
• 376.14 - Vessels; Financial Responsibility; Claims Against Providers Of Financial Responsibility; Service Of Process Against Responsible Parties.
  (1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in Florida shall be required to establish and maintain...
• 376.15 - Derelict Vessels; Relocation Or Removal From Public Waters.
  (1) As used in this section, the term:(a) “Commission” means the Fish and Wildlife Conservation Commission.(b) “Gross negligence” means conduct so reckless or wanting in care that it...
• 376.16 - Enforcement And Penalties.
  (1) It is unlawful for any person to violate any provision of ss. 376.011-376.21 or any rule or order of the department made pursuant to this...
• 376.165 - “hold-harmless” Agreements Prohibited.
  Any agreement entered into after July 1, 1974, to “hold-harmless” a vessel or terminal facility from liability for the occurrence of a discharge prohibited by...
• 376.19 - County And Municipal Ordinances; Powers Limited.
  Nothing in ss. 376.011-376.21 shall be construed to deny any county or municipality authority to exercise police powers by ordinance or law under any general...
• 376.20 - Limitation On Application.
  Nothing in ss. 376.011-376.21 shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the...
• 376.205 - Individual Cause Of Action For Damages Under Ss. 376.011-376.21.
  The remedies in this act shall be deemed to be cumulative and not exclusive. Nothing in this act shall require pursuit of any claim against...
• 376.207 - Traps Impregnated With Pollutants Prohibited.
  No person shall, within the territorial limits of the state, impregnate with a pollutant any lobster trap or other trap used to take saltwater products....
• 376.21 - Construction Of Ss. 376.011-376.21.
  Sections 376.011-376.21, being necessary for the general welfare and the public health and safety of the state and its inhabitants, shall be liberally construed to...
• 376.25 - Gambling Vessels; Registration; Required And Prohibited Releases.
  (1) SHORT TITLE.—This section may be cited as the “Clean Ocean Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Berth” means a site in this state where a...
• 376.30 - Legislative Intent With Respect To Pollution Of Surface And Ground Waters.
  (1) The Legislature finds and declares:(a) That certain lands and waters of Florida constitute unique and delicately balanced resources and that the protection of these resources is...
• 376.301 - Definitions Of Terms Used In Ss. 376.30-376.317, 376.70, And 376.75.
  When used in ss. 376.30-376.317, 376.70, and 376.75, unless the context clearly requires otherwise, the term:(1) “Aboveground hazardous substance tank” means any stationary aboveground storage tank...
• 376.302 - Prohibited Acts; Penalties.
  (1) It shall be a violation of this chapter and it shall be prohibited for any reason:(a) To discharge pollutants or hazardous substances into or upon the...
• 376.303 - Powers And Duties Of The Department Of Environmental Protection.
  (1) The department has the power and the duty to:(a) Establish rules, including, but not limited to, construction standards, permitting or registration of tanks, maintenance and installation...
• 376.304 - Review And Analysis Of Disposal Materials Or Byproducts; Disposal At Designated Local Government Solid Waste Disposal Facilities.
  (1) The Legislature finds and declares that it is in the public interest to facilitate the activities necessary and essential to clean up the release of...
• 376.305 - Removal Of Prohibited Discharges.
  (1) Any person discharging a pollutant as prohibited by ss. 376.30-376.317 shall immediately undertake to contain, remove, and abate the discharge to the satisfaction of the...
• 376.306 - Cattle-dipping Vats; Legislative Findings; Liability.
  (1) The Legislature finds that:(a) In excess of 3,200 cattle-dipping vats were constructed in the state as a result of local, state, and federal programs, conducted from...
• 376.307 - Water Quality Assurance Trust Fund.
  (1) The Water Quality Assurance Trust Fund is intended to serve as a broad-based fund for use in responding to incidents of contamination that pose a...
• 376.30701 - Application Of Risk-based Corrective Action Principles To Contaminated Sites; Applicability; Legislative Intent; Rulemaking Authority; Contamination Cleanup Criteria; Limitations; Reopeners.
  (1) APPLICABILITY.—(a) This section shall not create or establish any new liability for site rehabilitation at contaminated sites. This section is intended to describe a risk-based corrective...
• 376.30702 - Contamination Notification.
  (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds and declares that when contamination is discovered by any person as a result of site rehabilitation activities conducted pursuant to...
• 376.3071 - Inland Protection Trust Fund; Creation; Purposes; Funding.
  (1) FINDINGS.—In addition to the legislative findings set forth in s. 376.30, the Legislature finds and declares:(a) That significant quantities of petroleum and petroleum products are being...
• 376.30713 - Advanced Cleanup.
  (1) In addition to the legislative findings provided in s. 376.3071, the Legislature finds and declares:(a) That the inability to conduct site rehabilitation in advance of a...
• 376.30714 - Site Rehabilitation Agreements.
  (1) In addition to the legislative findings provided in s. 376.3071, the Legislature finds and declares:(a) The provisions of s. 376.3071(5)(a) have delayed cleanup of low-priority sites...
• 376.30715 - Innocent Victim Petroleum Storage System Restoration.
  A contaminated site acquired by the current owner prior to July 1, 1990, which has ceased operating as a petroleum storage or retail business prior...
• 376.30716 - Cleanup Of Certain Sites.
  (1) As used in this section, the term:(a) “Exclusion zone” means the subsurface area within 10 feet of an underground storage tank, integral piping, and dispenser, and...
• 376.3072 - Florida Petroleum Liability And Restoration Insurance Program.
  (1) There is hereby created the Florida Petroleum Liability and Restoration Insurance Program to be administered by the department. The program shall provide restoration funding assistance...
• 376.3073 - Local Programs And State Agency Programs For Control Of Contamination.
  (1) The department shall, to the greatest extent possible and cost-effective, contract with local governments to provide for the administration of its departmental responsibilities under ss....
• 376.3075 - Inland Protection Financing Corporation.
  (1) There is hereby created a nonprofit public benefit corporation to be known as the “Inland Protection Financing Corporation” for the purpose of financing the rehabilitation...
• 376.3077 - Unlawful To Deposit Motor Fuel In Tank Required To Be Registered, Without Proof Of Registration Display.
  It is unlawful for any owner, operator, or supplier to pump or otherwise deposit any motor fuel into a tank required to be registered under...
• 376.3078 - Drycleaning Facility Restoration; Funds; Uses; Liability; Recovery Of Expenditures.
  (1) FINDINGS.—In addition to the legislative findings set forth in s. 376.30, the Legislature finds and declares that:(a) Significant quantities of drycleaning solvents have been discharged in...
• 376.30781 - Tax Credits For Rehabilitation Of Drycleaning-solvent-contaminated Sites And Brownfield Sites In Designated Brownfield Areas; Application Process; Rulemaking Authority; Revocation Authority.
  (1) The Legislature finds that:(a) To facilitate property transactions and economic growth and development, it is in the state’s interest to encourage the cleanup, at the earliest...
• 376.3079 - Third-party Liability Insurance.
  (1) It is the intent of the Legislature that, if necessary, the department assist owners of drycleaning facilities and wholesale supply facilities in obtaining third-party liability...
• 376.308 - Liabilities And Defenses Of Facilities.
  (1) In any suit instituted by the department under ss. 376.30-376.317, it is not necessary to plead or prove negligence in any form or matter. The...
• 376.309 - Facilities, Financial Responsibility.
  (1) Each owner of a facility is required to establish and maintain evidence of financial responsibility. Such evidence of financial responsibility shall be the only evidence...
• 376.311 - Penalties For A Discharge.
  (1) The penalty provisions of this section do not apply to any discharge promptly reported and, where applicable, removed by an operator in accordance with the...
• 376.313 - Nonexclusiveness Of Remedies And Individual Cause Of Action For Damages Under Ss. 376.30-376.317.
  (1) The remedies in ss. 376.30-376.317 shall be deemed to be cumulative and not exclusive.(2) Nothing in ss. 376.30-376.317 requires the pursuit of any claim against the...
• 376.315 - Construction Of Ss. 376.30-376.317.
  Sections 376.30-376.317, being necessary for the general welfare and the public health and safety of the state and its inhabitants, shall be liberally construed to...
• 376.317 - Superseded Laws; State Preemption.
  (1) If any provision of ss. 376.30-376.317 or of the rules developed pursuant to such sections, which provision pertains to a facility maintained for the purpose...
• 376.320 - Applicability.
  The provisions of ss. 376.320-376.326 apply only to specified mineral acids when stored in aboveground tanks. The purpose of ss. 376.320-376.326 is to prevent the...
• 376.321 - Definitions; Ss. 376.320-376.326.
  As used in ss. 376.320-376.326, the term:(1) “Aboveground” means that more than 90 percent of a tank volume is not buried below the ground surface. An...
• 376.322 - Powers And Duties Of The Department.
  The department shall have the power and duty to:(1) Contract with local governments as needed to perform any of its duties under ss. 376.320-376.326.(2) Establish a program...
• 376.323 - Registration.
  All tanks shall be registered no later than July 1, 1992. Registrations shall be renewed annually. Registration fees shall not exceed $2,500 per facility. The...
• 376.324 - Containment And Integrity Plan.
  (1) The owner or operator of each mineral acid storage tank shall prepare and have in place a containment and integrity plan (CIP) for the facility....
• 376.325 - Alternative To Containment And Integrity Plan Requirements.
  (1) As an alternative to the requirements of s. 376.324, an owner or operator may choose to provide the department with certification by a professional engineer...
• 376.326 - Application Of S. 376.317.
  Nothing in ss. 376.320-376.326 shall be construed to exclude aboveground storage tanks from the application of s. 376.317.History.—s. 7, ch. 90-98; s. 22, ch. 92-30.
• 376.40 - Petroleum Exploration And Production; Purposes; Funding.
  (1) FINDINGS.—The Legislature declares that the financial resources of the state in the form of a bond trust fund, the limits of which are in excess...
• 376.41 - Minerals Trust Fund.
  (1) The Minerals Trust Fund is established in and administered by the Department of Environmental Protection.(2) Funds to be credited to and uses of the trust fund...
• 376.60 - Asbestos Removal Program Inspection And Notification Fee.
  The Department of Environmental Protection shall charge an inspection and notification fee, not to exceed $300 for a small business as defined in s. 288.703,...
• 376.70 - Tax On Gross Receipts Of Drycleaning Facilities.
  (1) There is levied a gross receipts tax on each drycleaning facility and dry drop-off facility, as defined in s. 376.301, for the privilege of engaging...
• 376.71 - Registration Fee And Gross Receipts Tax; Exemptions.
  The registration fee and the gross receipts tax imposed under ss. 376.303(1)(d) and 376.70 do not apply to uniform rental companies or linen supply companies.History.—s....
• 376.75 - Tax On Production Or Importation Of Perchloroethylene.
  (1) Beginning October 1, 1994, a tax of $5 per gallon is levied on the sale of perchloroethylene (tetrachloroethylene) in this state to a drycleaning facility...
• 376.77 - Short Title.
  Sections 376.77-376.85 may be cited as the “Brownfields Redevelopment Act.”History.—s. 1, ch. 97-277; s. 1, ch. 98-75.
• 376.78 - Legislative Intent.
  The Legislature finds and declares the following:(1) The reduction of public health and environmental hazards on existing commercial and industrial sites is vital to their use...
• 376.79 - Definitions Relating To Brownfields Redevelopment Act.
  As used in ss. 376.77-376.85, the term:(1) “Additive effects” means a scientific principle that the toxicity that occurs as a result of exposure is the sum...
• 376.80 - Brownfield Program Administration Process.
  (1) The following general procedures apply to brownfield designations:(a) The local government with jurisdiction over a proposed brownfield area shall designate such area pursuant to this section.(b) For...
• 376.81 - Brownfield Site And Brownfield Areas Contamination Cleanup Criteria.
  (1) It is the intent of the Legislature to protect the health of all people under actual circumstances of exposure. By July 1, 2001, the secretary...
• 376.82 - Eligibility Criteria And Liability Protection.
  (1) ELIGIBILITY.—Any person who has not caused or contributed to the contamination of a brownfield site on or after July 1, 1997, is eligible to participate...
• 376.83 - Violation; Penalties.
  (1) It is a violation of ss. 376.77-376.85, and it is prohibited for any person, to knowingly make any false statement, representation, or certification in any...
• 376.84 - Brownfield Redevelopment Economic Incentives.
  It is the intent of the Legislature that brownfield redevelopment activities be viewed as opportunities to significantly improve the utilization, general condition, and appearance of...
• 376.85 - Annual Report.
  The Department of Environmental Protection shall prepare and submit to the President of the Senate and the Speaker of the House of Representatives by August...
• 376.86 - Brownfield Areas Loan Guarantee Program.
  (1) The Brownfield Areas Loan Guarantee Council is created to review and approve or deny, by a majority vote of its membership, the situations and circumstances...

Last modified: September 23, 2016