Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 532 Ì883586VÎ883586 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/09/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Galvano) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 61 - 141 4 and insert: 5 “reportable pollution release” means the release or discharge of 6 a substance from an installation to the air, land, or waters of 7 the state which is discovered by the owner or operator of the 8 installation, which is not authorized by law, and which is: 9 (a) Reportable to the State Watch Office within the 10 Division of Emergency Management pursuant to department rules, 11 permit, order, or variance; 12 (b) Reportable to the department or a contracted county 13 pursuant to department rules governing storage tank systems 14 under ss. 376.303, 376.321, and 376.322; 15 (c) Reportable to the department pursuant to department 16 rules requiring notice for noncompliance from underground 17 injection control systems where such noncompliance may endanger 18 public health or the environment and has the potential to 19 contaminate potable water wells outside the property boundaries 20 of the installation; 21 (d) A hazardous substance at or above the quantity 22 established in Table 302.4 of 40 C.F.R. s. 302.4, revised as of 23 July 1, 2016, for such substance, for which notification is 24 required by 40 C.F.R. s. 302.6; or 25 (e) An extremely hazardous substance pursuant to 40 C.F.R. 26 s. 355.61, at or above the quantity established in Appendices A 27 and B of 40 C.F.R. part 355, revised as of July 1, 2016, for 28 such substance, for which notice is required by 40 C.F.R. s. 29 355.33. 30 (2) OWNER AND OPERATOR RESPONSIBILITIES.— 31 (a) In the event of a reportable pollution release, any 32 person who is an owner or operator of the installation at which 33 the reportable pollution release occurred must provide a notice 34 containing the following information, to the extent known at the 35 time of such notice, to the department within 24 hours after its 36 discovery: 37 1. The name and address of the installation where the 38 reportable pollution release occurred. 39 2. The name and title of the reporting person and the 40 nature of his or her relationship to the installation. 41 3. The identification numbers for any active department 42 permits, variances, registrations, or orders that are relevant 43 to the reportable pollution release. 44 4. The name and telephone number of a contact person for 45 further information. 46 5. The substance released. 47 6. The estimated quantity of the substance released and, if 48 applicable, the estimated quantity that has since been 49 recovered. 50 7. The cause of the release. 51 8. The source of the release. 52 9. The location of the release. 53 10. The date, time, and duration of the release. 54 11. The medium into which the substance was released, 55 including, but not limited to, the outdoor air, land, 56 groundwater, aquifer, or specified waters or wetlands. 57 12. Whether the released substance has migrated to land or 58 waters of the state outside the property boundaries of the 59 installation and the location of such migration. 60 13. To the extent available, toxicological information 61 associated with the substance released as specified on a safety 62 data sheet or comparable source published by the Occupational 63 Safety and Health Administration or the Centers for Disease 64 Control and Prevention, or their successor agencies. 65 66 The owner or operator may also include in the notice any other 67 information he or she wishes in order to assist in the 68 protection of the public health, safety, and welfare. 69 (b) If multiple parties are subject to the notification 70 requirements based on a single reportable pollution release, a 71 single notification made by one party in accordance with this 72 section constitutes compliance on behalf of all parties subject 73 to the requirement. However, if the notification is not made in 74 accordance with this section, the department may pursue 75 enforcement against all parties subject to the requirement. 76 (c) If, after providing notice pursuant to paragraph (a), 77 the installation owner or operator determines that a reportable 78 pollution release did not occur or that an amendment to the 79 notice is warranted, the installation owner or operator may 80 submit a letter to the department documenting such 81 determination. 82 (d) If, after providing notice under paragraph (a), the 83 installation owner or operator determines that a release subject 84 to the noticing requirements of this act has migrated outside 85 the property boundaries of the installation, the owner or 86 operator, within 24 hours after such discovery, must provide an 87 additional notice to the department. Such notice must comply 88 with the requirements of paragraph (a) and specify the extent of 89 the migration outside the property boundaries. 90 (3) DEPARTMENTAL RESPONSIBILITIES.— 91 (a) The department shall publish on a website accessible to 92 the public all notices submitted by an owner or operator 93 pursuant to subsection (2) within 24 hours of receipt. 94 (b) The department shall create an electronic mailing list 95 for such notices and allow the public, including local 96 governments, health departments, news media, and other 97 interested persons, to subscribe to and receive periodic direct 98 announcement of any notices submitted pursuant to subsection 99 (2). The department shall establish regional electronic mailing 100 lists, such as by county or district boundaries, to allow 101 subscribers to determine the notices they wish to receive by 102 geographic area. 103 (c) The department shall establish an e-mail address and an 104 online form as options for owners and operators to provide the 105 notice specified in paragraphs (2)(a) and (b). 106 (4) ADMISSION OF LIABILITY OR HARM.—Providing notice under 107 subsection (2) does not constitute an admission of liability or 108 harm. 109 (5) VIOLATIONS.—For failure to provide the notification 110 required by paragraphs (2)(a) or (2)(d), the owner or operator 111 shall be subject to the civil penalties specified in s. 403.121. 112 (6) ADOPTION OF RULES.—The department shall adopt rules 113 114 ================= T I T L E A M E N D M E N T ================ 115 And the title is amended as follows: 116 Delete lines 10 - 19 117 and insert: 118 defining the term “reportable pollution release”; 119 requiring an owner or operator of an installation at 120 which a reportable pollution release occurred to 121 provide certain information to the department within 122 24 hours after the discovery of a reportable pollution 123 release; authorizing the owner or operator to amend 124 such notice; specifying compliance and enforcement 125 requirements; requiring owners or operators to provide 126 notice when a reportable pollution release migrates 127 outside the property boundaries of the installation; 128 requiring the department to