HB 853

1	A bill to be entitled
2	An act relating to removal of prohibited discharges;
3	amending s. 376.09, F.S.; providing requirements for the
4	removal of certain pollutant discharges; authorizing the
5	use of dispersants and other spill-mitigating substances
6	under specified conditions; requiring the Department of
7	Environmental Protection to monitor certain concentrations
8	and to make certain information available to the public;
9	providing criteria for the adoption of specified rules by
10	the department; requiring the department to submit a
11	report to the Legislature; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsection (9) is added to section 376.09,
16	Florida Statutes, to read:
17	376.09  Removal of prohibited discharges.-
18	(9)(a)  The department shall require the use of a skimmer
19	to remove discharges of oil that have entered the waters of the
20	state. If the result of such use fails to meet the standards
21	established by rule of the department for minimum acceptable
22	effectiveness, the department may authorize the use of a
23	dispersant or other spill-mitigating substance that meets the
24	standards established by rule of the department for minimum
25	acceptable effectiveness and maximum allowable toxicity if the
26	department determines the adverse effect from the use of the
27	dispersant or other spill-mitigating substance is less than the
28	adverse effect from allowing the discharged oil to degrade by
29	natural processes.
30	(b)  If a dispersant or other spill-mitigating substance is
31	used, the department shall monitor the concentrations of the
32	dispersant or substance pursuant to the Toxic Substance Control
33	Act and the Clean Water Act, as appropriate. Information
34	regarding concentrations of the dispersant or substance shall be
35	made available to the public via the department's Internet
36	website within 24 hours after each monitoring activity.
37	Section 2.  (1)  In adopting rules to establish standards
38	for minimum acceptable effectiveness and maximum allowable
39	toxicity of a dispersant or other spill-mitigating substance
40	pursuant to s. 376.09(9), Florida Statutes, the Department of
41	Environmental Protection shall, at a minimum, evaluate:
42	(a)  The potential for the dispersant or substance, any
43	individual component of the dispersant or substance, or any
44	product resulting from degradation of the dispersant or
45	substance to persist or accumulate in, or create or contribute
46	to any short-term or long-term adverse effect on, any:
47	1.  Marine, estuarine, or freshwater environment or
48	ecosystem, including its surface, subsurface, and benthic
49	communities.
50	2.  Representative form of marine, coastal estuarine, or
51	freshwater life, including aquatic and terrestrial species and
52	birds.
53	3.  Worker, volunteer, or other individual who is involved
54	in handling, storing, transporting, applying, treating, or
55	disposing of the dispersant or substance or waste containing the
56	dispersant or substance or who may otherwise come into direct
57	contact with the dispersant or substance or waste containing the
58	dispersant or substance before, during, or after the application
59	of the dispersant or substance.
60	4.  Individual who is in or near an area in which the
61	dispersant or substance is being handled, stored, transported,
62	applied, treated, or disposed of or who may otherwise reasonably
63	be expected to be exposed to the dispersant or substance.
64	(b)  The combination of the dispersant or substance and the
65	type of oil with which the dispersant or substance may
66	reasonably be expected to be combined.
67	(c)  The efficacy and optimal condition for use of the
68	dispersant or substance under different conditions, including
69	the type of oil involved, the temperature and salinity of the
70	water over time, and the type of environment or ecosystem
71	affected, including, but not limited to, any benthic community,
72	beach, tidal flat, coral, seagrass, mangrove forest, rookery,
73	nursery, or other coastal habitat.
74	(d)  The efficacy of the dispersant or substance at
75	different concentrations and the most effective application
76	rate.
77	(e)  Whether the combination of the dispersant or substance
78	with a particular type of oil increases or decreases the
79	persistence, bioaccumulation potential, or toxicity relative to
80	the effect from the dispersant or substance or the type of oil
81	alone.
82	(f)  The potential for components of the dispersant or
83	substance to persist or accumulate in the environment or create
84	or contribute to short-term and long-term adverse effects under
85	any scale or manner of application.
86	(g)  Whether and under what circumstances the use of the
87	dispersant or substance would cause less harm to human health
88	and the environment than responding to a discharge of oil
89	without use of the dispersant or substance.
90	(h)  The additive or synergistic effects of the dispersant
91	or substance in combination with oil and other environmental
92	factors and components.
93	(2)  The department shall adopt rules for:
94	(a)  Use of the most efficient physical removal technology
95	and equipment, including skimming and suction vessels, based on
96	the number of gallons of oil removed for every gallon of oil
97	released.
98	(b)  Timeframes for reporting an oil spill and for removal
99	or remediation to begin following the report of an oil spill.
100	(c)  Revising, waiving, or creating emergency exemptions to
101	allow the state to accept clean-up assistance from other
102	countries following an oil spill.
103	(3)  The department shall submit a report that describes
104	the evaluation of the data listed in this section and the
105	proposed rules for implementing the provisions of s. 376.09(9),
106	Florida Statutes, to the President of the Senate and the Speaker
107	of the House of Representatives no later than January 1, 2012.
108	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.