Florida Senate - 2017 CS for SB 532
By the Committee on Environmental Preservation and Conservation;
and Senators Galvano, Stewart, Benacquisto, Rouson, Book, and
Young
592-02187-17 2017532c1
1 A bill to be entitled
2 An act relating to public notification of pollution;
3 creating s. 403.076, F.S.; providing a short title;
4 creating s. 403.077, F.S.; providing goals and
5 legislative findings; specifying authority of the
6 Department of Environmental Protection; specifying
7 that the act does not alter or affect the emergency
8 management responsibilities of certain other
9 governmental entities; creating s. 403.078, F.S.;
10 defining the term “reportable pollution release”;
11 requiring an owner or operator of an installation at
12 which a reportable pollution release occurred to
13 provide certain information to the department within
14 24 hours after the discovery of a reportable pollution
15 release; authorizing the owner or operator to amend
16 such notice; specifying compliance and enforcement
17 requirements; requiring owners or operators to provide
18 notice when a reportable pollution release migrates
19 outside the property boundaries of the installation;
20 requiring the department to publish such information
21 in a specified manner; requiring the department to
22 establish an electronic mailing list; requiring the
23 department to provide a reporting form and e-mail
24 address for such notice; specifying that providing a
25 notice does not constitute an admission of liability
26 or harm; specifying penalties for violations;
27 requiring the department to adopt rules; amending s.
28 403.121, F.S.; specifying penalties for failure to
29 provide required notice; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 403.076, Florida Statutes, is created to
34 read:
35 403.076 Short title.—Sections 403.076-403.078 may be cited
36 as the “Public Notice of Pollution Act.”
37 Section 2. Section 403.077, Florida Statutes, is created to
38 read:
39 403.077 Public notice of pollution; goals and findings.—
40 (1) It is a goal of the state that the public be timely
41 notified of a discovered, reportable pollution release that may
42 pose an immediate danger to the public health, safety, or
43 welfare.
44 (2) The department has the authority and the duty to
45 control and prohibit pollution of the air, land, and water of
46 this state and has the primary responsibility to ensure that the
47 public is aware of reportable pollution releases. Alerting the
48 department about reportable pollution releases, within the
49 timeframes and in the manner provided by this act, will better
50 inform the department and the public regarding such releases and
51 the need, if any, to take action to protect the public health,
52 safety, and welfare.
53 (3) This act does not alter or affect the emergency
54 management responsibilities of the Governor, the Division of
55 Emergency Management, or the governing body of any political
56 subdivision of the state pursuant to chapter 252.
57 Section 3. Section 403.078, Florida Statutes, is created to
58 read:
59 403.078 Public notification of pollution.—
60 (1) DEFINITION.—As used in this section, the term
61 “reportable pollution release” means the release or discharge of
62 a substance from an installation to the air, land, or waters of
63 the state which is discovered by the owner or operator of the
64 installation, which is not authorized by law, and which is:
65 (a) Reportable to the State Watch Office within the
66 Division of Emergency Management pursuant to department rules,
67 permit, order, or variance;
68 (b) Reportable to the department or a contracted county
69 pursuant to department rules governing storage tank systems
70 under ss. 376.303, 376.321, and 376.322;
71 (c) Reportable to the department pursuant to department
72 rules requiring notice for noncompliance from underground
73 injection control systems where such noncompliance may endanger
74 public health or the environment and has the potential to
75 contaminate potable water wells outside the property boundaries
76 of the installation;
77 (d) A hazardous substance at or above the quantity
78 established in Table 302.4 of 40 C.F.R. s. 302.4, revised as of
79 July 1, 2016, for such substance, for which notification is
80 required by 40 C.F.R. s. 302.6; or
81 (e) An extremely hazardous substance pursuant to 40 C.F.R.
82 s. 355.61, at or above the quantity established in Appendices A
83 and B of 40 C.F.R. part 355, revised as of July 1, 2016, for
84 such substance, for which notice is required by 40 C.F.R. s.
85 355.33.
86 (2) OWNER AND OPERATOR RESPONSIBILITIES.—
87 (a) In the event of a reportable pollution release, any
88 person who is an owner or operator of the installation at which
89 the reportable pollution release occurred must provide a notice
90 containing the following information, to the extent known at the
91 time of such notice, to the department within 24 hours after its
92 discovery:
93 1. The name and address of the installation where the
94 reportable pollution release occurred.
95 2. The name and title of the reporting person and the
96 nature of his or her relationship to the installation.
97 3. The identification numbers for any active department
98 permits, variances, registrations, or orders that are relevant
99 to the reportable pollution release.
100 4. The name and telephone number of a contact person for
101 further information.
102 5. The substance released.
103 6. The estimated quantity of the substance released and, if
104 applicable, the estimated quantity that has since been
105 recovered.
106 7. The cause of the release.
107 8. The source of the release.
108 9. The location of the release.
109 10. The date, time, and duration of the release.
110 11. The medium into which the substance was released,
111 including, but not limited to, the outdoor air, land,
112 groundwater, aquifer, or specified waters or wetlands.
113 12. Whether the released substance has migrated to land or
114 waters of the state outside the property boundaries of the
115 installation and the location of such migration.
116 13. To the extent available, toxicological information
117 associated with the substance released as specified on a safety
118 data sheet or comparable source published by the Occupational
119 Safety and Health Administration or the Centers for Disease
120 Control and Prevention, or their successor agencies.
121
122 The owner or operator may also include in the notice any other
123 information he or she wishes in order to assist in the
124 protection of the public health, safety, and welfare.
125 (b) If multiple parties are subject to the notification
126 requirements based on a single reportable pollution release, a
127 single notification made by one party in accordance with this
128 section constitutes compliance on behalf of all parties subject
129 to the requirement. However, if the notification is not made in
130 accordance with this section, the department may pursue
131 enforcement against all parties subject to the requirement.
132 (c) If, after providing notice pursuant to paragraph (a),
133 the installation owner or operator determines that a reportable
134 pollution release did not occur or that an amendment to the
135 notice is warranted, the installation owner or operator may
136 submit a letter to the department documenting such
137 determination.
138 (d) If, after providing notice under paragraph (a), the
139 installation owner or operator determines that a release subject
140 to the noticing requirements of this act has migrated outside
141 the property boundaries of the installation, the owner or
142 operator, within 24 hours after such discovery, must provide an
143 additional notice to the department. Such notice must comply
144 with the requirements of paragraph (a) and specify the extent of
145 the migration outside the property boundaries.
146 (3) DEPARTMENTAL RESPONSIBILITIES.—
147 (a) The department shall publish on a website accessible to
148 the public all notices submitted by an owner or operator
149 pursuant to subsection (2) within 24 hours of receipt.
150 (b) The department shall create an electronic mailing list
151 for such notices and allow the public, including local
152 governments, health departments, news media, and other
153 interested persons, to subscribe to and receive periodic direct
154 announcement of any notices submitted pursuant to subsection
155 (2). The department shall establish regional electronic mailing
156 lists, such as by county or district boundaries, to allow
157 subscribers to determine the notices they wish to receive by
158 geographic area.
159 (c) The department shall establish an e-mail address and an
160 online form as options for owners and operators to provide the
161 notice specified in paragraphs (2)(a) and (b).
162 (4) ADMISSION OF LIABILITY OR HARM.—Providing notice under
163 subsection (2) does not constitute an admission of liability or
164 harm.
165 (5) VIOLATIONS.—For failure to provide the notification
166 required by paragraphs (2)(a) or (2)(d), the owner or operator
167 shall be subject to the civil penalties specified in s. 403.121.
168 (6) ADOPTION OF RULES.—The department shall adopt rules
169 necessary to administer the provisions of this section.
170 Section 4. Present paragraph (f) of subsection (4) of
171 section 403.121, Florida Statutes, is redesignated as paragraph
172 (g), and a new paragraph (f) is added to that subsection, to
173 read:
174 403.121 Enforcement; procedure; remedies.—The department
175 shall have the following judicial and administrative remedies
176 available to it for violations of this chapter, as specified in
177 s. 403.161(1).
178 (4) In an administrative proceeding, in addition to the
179 penalties that may be assessed under subsection (3), the
180 department shall assess administrative penalties according to
181 the following schedule:
182 (f) For failure to provide required notice pursuant to s.
183 403.078, up to $10,000 per day for each day an installation
184 owner or operator is in violation of the section.
185 Section 5. This act shall take effect July 1, 2017.