Florida Senate - 2019                                     SB 998
       
       
        
       By Senator Montford
       
       
       
       
       
       3-01136-19                                             2019998__
    1                        A bill to be entitled                      
    2         An act relating to public notification of pollution;
    3         amending s. 403.077, F.S.; defining the term
    4         “governmental entity”; redefining the term “reportable
    5         pollution release”; requiring the Department of
    6         Environmental Protection to publish certain notices
    7         received from a governmental entity on a website
    8         accessible to the public; requiring a governmental
    9         entity to notify the owner or operator of an
   10         installation and the department of certain releases or
   11         discharges within a specified timeframe; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsections (4) and (5) of section
   17  403.077, Florida Statutes, are redesignated as subsections (5)
   18  and (6), respectively, a new subsection (4) is added to that
   19  section, and subsection (1) and paragraph (a) of subsection (3)
   20  of that section are amended, to read:
   21         403.077 Public notification of pollution.—
   22         (1) DEFINITIONS DEFINITION.—As used in this section, the
   23  terms: term
   24         (a) “Governmental entity” means an agency of the state, a
   25  regional or local government created by the State Constitution
   26  or by general or special act, a county or municipality, or any
   27  other entity that independently exercises governmental
   28  authority. The term does not include the Federal Government or
   29  any federal agencies.
   30         (b) “Reportable pollution release” means the release or
   31  discharge of:
   32         1. A substance from an installation to the air, land, or
   33  waters of the state which is discovered by a governmental entity
   34  or the owner or operator of the installation, which is not
   35  authorized by law, and which is reportable to the State Watch
   36  Office within the Division of Emergency Management pursuant to
   37  any department rule, permit, order, or variance; or.
   38         2. Perfluorooctanoic acid or perfluorooctanesulfonic acid
   39  at a measurable level from an installation to the land or waters
   40  of the state which is discovered by a governmental entity or the
   41  owner or operator of the installation.
   42         (3) DEPARTMENT RESPONSIBILITIES.—
   43         (a) The department shall publish on a website accessible to
   44  the public all notices submitted by an owner or operator
   45  pursuant to subsection (2) or a governmental entity pursuant to
   46  subsection (4) within 24 hours after receipt of the notice.
   47         (4) GOVERNMENTAL ENTITY RESPONSIBILITIES.—If a governmental
   48  entity discovers the release or discharge of a substance from an
   49  installation to the air, land, or waters of the state which
   50  meets the criteria specified in paragraph (1)(b), the
   51  governmental entity shall notify the owner or operator of the
   52  installation and the department within 24 hours after such
   53  discovery.
   54         Section 2. This act shall take effect July 1, 2019.