Title: Supplement to Florida Statutes 403.021
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00002864/00001
 Material Information
Title: Supplement to Florida Statutes 403.021
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Supplement to Florida Statutes 403.021
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 73
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002864
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


(e) Members of the council shall receive no compen-
sation, but shall be reimbursed for expenses as provid-
ed for in s. 112.061,
department shall establish a program for training pursu-
ant to the provisions of this section, and all dependency
program staff shall be required to participate in and suc-
cessfully complete the program of training pertinent to
their areas of responsibility.
(a) There is created within the State Treasury a Child
Welfare Training Trust Fund to be used by the Depart-
ment of Health and Rehabilitative Services for the pur-
pose of funding a comprehensive system of child wel-
fare training, including the securing of consultants to de-
velop the system, the staff of the council, the expenses
of the council members, the child welfare training acade-
mies and the participation of dependency program staff
in the training.
(b) All courts created by Article V of the State Con-
stitution shall, in addition to any fine or other penalty, as-
sess $1 as a court cost against every person convicted
for violation of a municipal or county ordinance. In addi-
tion, $1 from every bond estreature or forfeited bail bond
related to such penal statutes or penal ordinances shall
be forwarded to the State Treasury for deposit into the
Child Welfare Training Trust Fund for disbursement to
the Department of Health and Rehabilitative Services for
the purposes described in paragraph (a).
(c) In addition to the funds generated by paragraph
(b), the trust fund shall receive funds generated from an
additional fee on birth certificates and dissolution of
marriage filings, as specified in ss. 382.35 and 28.101,
respectively, and may receive funds from any other pub-
lic or private source.
(d) Funds that are not expended by the end of the
budget cycle or through a supplemental budget ap-
proved by the department shall revert to the trust fund.
ING ACADEMIES.-By June 30, 1987, the department
shall have established and have operational at least one
training academy, which shall be located in subdistrict
IIB. The department shall contract for the operation of
the academy with Tallahassee Community College. The
number, location, and timeframe for establishment of
additional training academies shall be according to the
recommendation of the council as approved by the Sec-
retary of Health and Rehabilitative Services.
(7) ADOPTION OF RULES.-The Department of
Health and Rehabilitative Services shall adopt rules nec-
essary to carry out the provisions of this section.
HiM ry.-ss 105,106, ch 86-220.
'Nod.-Expires October 1,1996, pursuant to s. 106, ch. 06-220, and is scheduled
for review pursuant to s 11.611.





403.021 Legislative declaration; public policy.
403.061 Department; powers and duties.
403.086 Sewage disposal facilities; advanced and
secondary waste treatment.
403.0861 Scallop processing; discharge standards
403.0862 Discharge of waste from state groundwater
cleanup operations to publicly owned
treatment works.
403.087 Permits; general issuance; denial; revoca-
tion; prohibition; penalty.
403.0871 Florida Permit Fee Trust Fund.
403.0876 Permits; processing.
403.088 Water pollution operation permits; temporary
permits; conditions.
403.0891 Assessment of stormwater management
403.0893 Stormwater utility.
403.091 Inspections.
403.101 Classification and reporting; regulation of op-
erators of water purification plants and
wastewater treatment plants.
403.165 Use of pollution awards; pollution recovery
403.1655 Environmental short-term emergency re-
sponse program.
403.1834 State bonds to finance or refinance facilities;
exemption from taxation.
403.1835 Sewage treatment facilities revolving loan
403.201 Variances.
403.021 Legislativ delration; pubic policy.-
(1) The pollution of the air and waters of this state
constitutes a menace to public health and welfare;
creates public nuisances; is harmful to wildlife and fish
and other aquatic life; and impairs domestic, agricultur-
al, industrial, recreational, and other beneficial uses of
air and water.
(2) It is declared to be the public policy of this state
to conserve the waters of the state and to protect, main-
tain, and improve the quality thereof for public water
supplies, for the propagation of wildlife and fish and oth-
er aquatic life, and for domestic, agricultural, industrial,
recreational, and other beneficial uses and to provide
that no wastes be discharged into any waters of the
state without first being given the degree of treatment
necessary to protect the beneficial uses of such water.

e 402.40

. 403.021



(~ 5. 403021 1966 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 403.021

(3) It is declared to be the public policy of this state
and the purpose of this act to achieve and maintain such
levels of air quality as will protect human health and
safety and, to the greatest degree practicable, prevent
injury to plant and animal life and property, foster the
comfort and convenience of the people, promote the
economic and social development of this state, and fa-
cilitate the enjoyment of the natural attractions of this
state In accordance with the public policy established
herein, the Legislature further declares that the cihzens
of this state should be afforded reasonable protection
from the dangers inherent in the release of toxic or other-
wise hazardous vapors, gases, or highly volatile liquids
into the environment.
(4) It is declared that local and regional air and water
pollution control programs are to be supported to the ex-
tent practicable as essential instruments to provide for
a coordinated statewide program of air and water pollu-
tion prevention, abatement, and control for the securing
and maintenance of appropriate levels of air and water
(5) It is hereby declared that the prevention, abate-
ment, and control of the pollution of the air and waters
of this state are affected with a public interest, and the
provisions of this act are enacted in the exercise of the
police powers of this state for the purpose of protecting
S the health, peace, safety, and general welfare of the
people of this state.
S(6) The Legislature finds and declares that control,
regulation, and abatement of the activities which are
causing or may cause pollution of the air or water re-
sources in the state and which are or may be detrimental
to human, animal, aquatic, or plant life, or to property,
or unreasonably interfere with the comfortable enjoy-
ment of life or property be increased to ensure conserve-
- tion of natural resources; to ensure a continued safe en-
Svironment; to ensure purity of air and water; to ensure
Domestic water supplies; to ensure protection and pres-
Servation of the public health, safety, welfare, and eco-
nomic well-being, to ensure and provide for recreational
. and wildlife needs as the population increases and the
economy expands; and to ensure a continuing growth
of the economy and industrial development.
(7) The Legislature further finds and declares that:
(a) Compliance with this law will require capital out-
lays of hundreds of millions of dollars for the installation
of machinery, equipment, and facilities for the treatment
of industrial wastes which are not productive assets and
increased operating expenses to owners without any fi-
nancial return and should be separately classified for as-
sessment purposes.
(b) Industry should be encouraged to install new
machinery, equipment, and facilities as technology in
environmental matters advances, thereby improving the
-quality of the air and waters of the state and benefiting
the citizens of the state without pecuniary benefit to the
Owners of industries: and the Legislature should pre-
scribe methods whereby just valuation may be secured
S to such owners and exemptions from certain excise tax-
es should be offered with respect to such installations.
(c) Facilities as herein defined should be classified
separately from other real and personal property of any
manufacturing or processing plant or installation, as

such facilities contribute only to general welfare and
health and are assets producing no profit return to own-
(d) In existing manufacturing or processing plants it
is more difficult to obtain satisfactory results in treating
industrial wastes than in new plants being now planned
or constructed and that with respect to existing plants
in many instances it will be necessary to demolish and
remove substantial portions thereof and replace the
same with new and more modern equipment in order to
more effectively treat, eliminate, or reduce the objection-
able characteristics of any industrial wastes and that
such replacements should be classified and assessed
differently from replacements made in the ordinary
course of busine*0.'" *
(8) The Legislature further finds and declares that
the public health, welfare, and safety may be affected
by disease-carrying vectors and pests. The department
shall assist all governmental units charged with the con-
trol of such vectors and pests. Furthermore, in reviewing
applications for permits, the department shall consider
the total well-being of the public and shall not consider
solely the ambient pollution standards when exercising
its powers, if there may be danger of a public health haz-
(9)a) The Legislature finds and declares that it is es-
sential to preserve and maintain authorized water depth
in the existing navigation channels, port harbors, turning
basins, and harbor berths of this state in order to provide
for the continued safe navigation of deepwater shipping
commerce. The department shall recognize that mainte-
nance of authorized channel depths is an ongoing, con-
tinuous, beneficial, and necessary activity; and it shall
develop a regulatory process which shall enable the
ports of this state to conduct such activities in an envi-
ronmentally sound, expeditious, and efficient manner.
(b) The provisions of paragraph (a) apply only to the
port waters, spoil disposal sites, port harbors, naviga-
tion channels, turning basins, and harbor berths used for
deepwater commercial navigation in the ports of Jack-
sonville, Tampa, Port Everglades, Miami, Port Canaveral,
Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Pan-
ama City, St. Petersburg, and Pensacola.
(10) It is the policy of the state to ensure that the ex-
isting and potential drinking water resources of the state
remain free from harmful quantities of contaminants.
The department, as the state water quality protection
agency, shall compile, correlate, and disseminate avail-
able information on any contaminant which endangers
or may endanger existing or potential drinking water re-
sources. It shall also coordinate its regulatory program
with the regulatory programs of other agencies to as-
sure adequate protection of the drinking water re-
sources of the state.
(11) It is the intent of the Legislature that water quality
standards be reasonably established and applied to
take into account the variability occurring in nature. The
department shall recognize the statistical variability in-
herent in sampling and testing procedures that are used
to express water quality standards. The department
shall also recognize that some deviations from water
quality standards occur as the result of natural back-
ground conditions. The department shall not consider

ax a





a. 403.021 INS SUPPLEMENT TOl FILffA STATIP8 1211111% a- AM

deviations from water quality standards to be violations
when the discharger can demonstrate that the devia-
tions would occur in the absence of any man-induced
discharges or alterations to the water body.
NsMe sy.- s. 3, h. ?-436: 1, oh. 78-5; a. 1, 5, h. 81-32; 4. oh. 84-79;
. 46, ch.84-338; s. 11,ch. 85-28;9 : 1, ch 5-277;a. 8,.ch.86-86; 3, ch. 86-213.
403.061 Department; powers and duties.-The de-
partment shall have the power and the duty to control
and prohibit pollution of air and water in accordance with
the law and rules and regulations adopted and promul-
gated by it and, for this purpose, to:
(1) Approve and promulgate current and long-range
plans developed to provide for air and water quality con-
trol and pollution abatement.
(2) Hire only such employees as may be necessary
to effectuate the responsibilities of the department.
(3) Utilize the facilities and personnel of other state
agencies, including the Department of Health and Reha-
bilitative Services, and delegate to any such agency any
duties and functions as the department may deem nec-
essary to carry out the purposes of this act.
(4) Secure necessary scientific, technical, research,
administrative, and operational services by interagency
agreement, by contract, or otherwise. All state agencies,
upon direction of the department, shall make these ser-
vices and facilities available
(5) Accept state appropriations and loans and
grants from the Federal Government and from other
sources, public or private, which loans and grants shall
not be expended for other than the purposes of this act.
(6) Exercise general supervision of the administra-
tion and enforcement of the laws, rules, and regulations
pertaining to air and water pollution.
(7) Adopt, modify, and repeal rules and regulations
to carry out the intent and purposes of this act. Any rule
or regulation adopted pursuant to this act shall be
consistent with the provisions of federal law, if any, relat-
ing to control of emissions from motor vehicles, effluent
limitations, pretreatment requirements, or standards of
performance. Rules adopted pursuant to this act shall
not require dischargers of waste into waters of the state
to improve natural background conditions. Discharges
from steam electric generating plants existing or li-
censed under this chapter on July 1, 1984, shall not be
required to be treated to a greater extent than may be
necessary to assure that the quality of nonthermal com-
ponents of discharges from nonrecirculated cooling wa-
ter systems is as high as the quality of the makeup wa-
ters; that the quality of nonthermal components of dis-
charges from recirculated cooling water systems is no
lower than is allowed for blowdown from such systems;
or that the quality of noncooling system discharges
which receive makeup water from a receiving body of
water which does not meet applicable department water
quality standards is as high as the quality of the receiv-
ing body of water. The department may not adopt stand-
ards more stringent than federal regulations, except as
provided in s. 403.804.
(8) Issue such orders as are necessary to effectuate
the control of air and water pollution and enforce the
same by all appropriate administrative and judicial pro-

(9) Adopt a comprehensive program for the preven-
tion, control, and abatement of pollution of the air and
waters of the state, and from time to time review and
modify such program as necessary.
(10) Develop a comprehensive program for the pre-
vention, abatement, and control of the pollution of the
waters of the state. In order to effect this purpose, a
grouping of the waters into classes may be made in ac-
cordance with the present and future most beneficial
uses. Such classifications may from time to time be al-
tered or modified. However, before any such classifica-
tion is made, or any modification made thereto, public
hearings shall be held by the department.
(11) Establish ambient air quality and water quality
standards for the state as a whole or for any part thereof,
and also standards for the abatement of excessive and
unnecessary noise. The department is authorized to es-
tablish reasonable zones of mixing for discharges into
(a) When a receiving body of water fails to meet a
water quality standard for pollutants set forth in depart-
ment rules, a steam-electric generating plant discharge
of pollutants that is existing or licensed under this chap-
ter on July 1, 1984, may nevertheless be granted a mix-
ing zone, provided that:
1. The standard would not be met in the water body
in the absence of the discharge;
2. The discharge is in compliance with all applica-
ble technology-based effluent limitations;
3. The discharge does not cause a measurable in-
crease in the degree of noncompliance with the stan-
dard at the boundary of the mixing zone; and
4. The discharge otherwise complies with the mix-
ing zone provisions specified in department rules.
(b) No mixing zone for point source discharges shall
be permitted in Outstanding Florida Waters except for:
1. Sources which have received permits from the
department prior to April 1, 1982, or the date of designa-
tion, whichever is later;
2. Blowdown from new power plants certified pur-
suant to the Florida Electrical Power Plant Siting Act;
3. Discharges of water necessary for water man-
agement purposes which have been approved by the
governing board of a water management district and, if
required by law, by the secretary.
Nothing in this act shall be construed to invalidate any
existing department rule relating to mixing zones. The
department shall cooperate with the Department of
Highway Safety and Motor Vehicles in the development
of regulations required by s. 316.272(1).
(12)(a) Cause field studies to be made and samples
to be taken out of the air and from the waters of the state
periodically and in a logical geographic manner so as to
determine the levels of air quality of the air and water
quality of the waters of the state.
(b) Determine the source of the pollution whenever
a study is made or a sample collected which proves to
be below the air or water quality standard set for air or
(13) Require persons engaged in operations which
may result in pollution to file reports which may contain

a. 403.021

rass SUPPLtll~hnta CL6R1~ srmma rand

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information relating to locations, size of outlet, height of
outlet, rate and period of emission, and composition and
concentration of effluent and such other information as
the department shall prescribe to be filed relative to pol-
(14) Establish a permit system whereby a permit may
be required for the operation, construction, or expansion
of any installation that may be a source of air or water
pollution and provide for the issuance and revocation of
such permits and for the posting of an appropriate bond
to operate.
(a) Notwithstanding any other provision of this chap-
ter, the Department of Environmental Regulation may
authorize, by rule, the Department of Transportation to
perform any activity requiring a permit from the Depart-
ment of Environmental Regulation covered by this chap-
ter, upon certification by the Department of Transporta-
tion that it will meet all requirements imposed by statute,
rule, or standard for environmental control and protec-
tion as such statute, rule, or standard applies to a gov-
emmental program. To this end, the Department of Envi-
,: ronmental Regulation may accept such certification of
,. compliance for programs of the Department of Transpor-
.', station, may conduct investigations for compliance, and,
Sif a violation is found to exist, may take all necessary en-
' forcement action pertaining thereto, including, but not
' limited to, the revocation of certification. The authoriza-
Stion shall be by rule of the Department of Environmental
7 Regulation, shall be limited to the maintenance, repair,
O replacement of existing structures, and shall be con-
Itioned upon compliance by the Department of Trans-
portation with specific guidelines or requirements which
.- are set forth in the formal acceptance and deemed nec-
Sessary by the Department of Environmental Regulation
; to assure future compliance with this chapter and appli-
S cable department rules. The failure of the Department
Sof Transportation to comply with any provision of the
Written acceptance shall constitute grounds for its revo-
Scation by the Department of Environmental Regulation.
(b) The provisions of chapter 120 shall be accorded
... any person when substantial interests will be affected
Sby an activity proposed to be conducted by the Depart-
ment of Transportation pursuant to its certification and
Sthe acceptance of the Department of Environmental
SRegulation. If a proceeding is conducted pursuant to s.
120.57, the Department of Environmental Regulation
r may intervene as a party. Should a heing officer of the
Division of Administrative Hearings of the Department of
SAdministration submit a recommended order pursuant
to s. 120.57, the Department of Environmental Regula-
tion shall issue a final department order adopting, reject-
Ing, or modifying the recommended order pursuant to
such action.
(15) Consult with any person proposing to construct,
install, or otherwise acquire a pollution control device or
system concerning the efficacy of such device or sys-
ter or the pollution problem which may be related to
the source, device, or system. Nothing in any such con-
asutation shall be construed to relieve any person from
compliance with this act, rules and regulations of the de-
ment, or any other provision of law.
(16) Encourage voluntary cooperation by persons
and affected groups to achieve the purposes of this act.

. t0 nli

(17) Encourage local units of government to handle
pollution problems within their respective jurisdictions
on a cooperative basis and provide technical and con-
sultative assistance therefore.
(18) Encourage and conduct studies, investigations,
and research relating to pollution and its causes, effects,
prevention, abatement, and control.
(19) Make a continuing study of the effects of the
emission of air contaminants from motor vehicles on the
quality of the outdoor atmosphere of this state and the
several parts thereof and make recommendations to ap-
propriate public and private bodies with respect thereto.
(20) Collect and disseminate information and con-
duct educational and training programs relating to pollu-
(21) Advise, consult, cooperate, and enter into agree-
ments with other agencies of the state, the Federal Gov-
ernment, other states, interstate agencies, groups, polit-
ical subdivisions, and industries affected by the provi-
sions of this act, rules, or policies of the department.
(22) Adopt, modify, and repeal rules governing the
specifications, construction, and maintenance of indus-
trial reservoirs, dars, and containers which store or re-
tain industrial wastes of a deleterious nature.
(23) Adopt rules and regulations to ensure that no de-
tergents are sold in Florida after December 31, 1972,
which are reasonably found to have a harmful or deleteri-
ous effect on human health or on the environment. Any
regulations adopted pursuant to this subsection shall
apply statewide. Subsequent to the promulgation of
such rules and regulations, no county, municipality, or
other local political subdivision shall adopt or enforce
any local ordinance, special law, or local regulation gov-
erning detergents which is less stringent than state law
or regulation. Regulations, ordinances, or special acts
adopted by a county or municipality governing deter-
gents shall be subject to approval by the department,
except that regulations, ordinances, or special acts
adopted by any county or municipality with a local pollu-
tion control program approved pursuant to s. 403.182
shall be approved as an element of the local pollution
control program.
(24Xa) Establish a permit system to provide for spoil
site approval, as may be requested and required by lo-
cal governmental agencies as defined in s. 403.1822(3),
or mosquito control districts as defined in s. 388.011(2),
to facilitate these agencies in providing spoil sites for
the deposit of spoil from maintenance dredging of navi-
gation channels, port harbors, turning basins, and har-
bor berths, as part of a federal project, when the agency
is acting as sponsor of a contemplated dredge and fill
operation involving an established navigation channel,
harbor, turning basin, or harbor berth. A spoil site ap-
proval granted to the agency shall be granted for a peri-
od of 10 to 25 years when such site is not inconsistent
with an adopted local governmental comprehensive
plan and the requirements of this chapter. The depart-
ment shall periodically review each permit to determine
compliance with the terms and conditions of the permit.
Such'review shall be conducted at least once every 10
(b) This subsection applies only to those mainte-
nance dredging operations permitted after July 1, 1980,

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where the United States Army Corps of Engineers is the
prime dredge and fill agent and the local governmental
agency is acting as sponsor for the operation, and does
not require the redesignalion of currently approved spoil
sites under such previous operations.
(25) Estabhsh and administer a program for the resto-
ration and preservation of bodies of water within the
state. The department shall have the power to acquire
lands, to cooperate with other applicable state or local
agencies to enhance existing public access to such
bodies of water, and to adopt all rules necessary to ac-
complish this purpose.
(26)(a) Develop standards and criteria for waters
used for deepwater shipping which standards and
criteria consider existing water quality; appropriate mix-
ing zones and other requirements for maintenance
dredging in previously constructed deepwater naviga-
tion channels, port harbors, turning basins, or harbor
berths; and appropriate mixing zones for disposal of
spoil material from dredging and, where necessary, de-
velop a separate classification for such waters. Such
classification, standards, and criteria shall recognize
that the present dedicated use of these waters is for
deepwater commercial navigation.
(b) The provisions of paragraph (a) apply only to the
port waters, spoil disposal sites, port harbors, naviga-
tion channels, tuning basins, and harbor berths used for
deepwater commercial navigation in the ports of Jack-
sonville, Tampa, Port Everglades. Miami, Port Canaveral,
Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Pan-
ama City, St. Petersburg, Port Bartow, Florida Power
Corporation's Crystal River Canal, Boca Grande, Green
Cove Springs, and Pensacola.
(27Xa) Establish rules which provide for a special cat-
egory of water bodies within the state, to be referred to
as "Outstanding Florida Waters," which water bodies
shall be worthy of special protection because of their
natural attributes. Nothing in this subsection shall affect
any existing rule of the department.
(b) Waters within the following aquatic preserves
which have not been designated as Outstanding Florida
Waters as of June 1, 1986, may be designated as Out-
standing Florida Waters only where the Environmental
Regulation Commission determines that the natural at-
tributes of such waters are of exceptional recreational
or ecological significance pursuant to the procedures
established by rules for designating special waters as
Outstanding Florida Waters:
1. Guana River Marsh Aquatic Preserve.
2. Big Bend Aquatic Preserve.
3. Terra Ceia Aquatic Preserve.
4. Rookery Bay Aquatic Preserve.
5. Banana River Aquatic Preserve.
6. Wekiva River Aquatic Preserve
7. Indian River-Malabar to Vero Beach Aquatic Pre-
8. Loxahatchee River-Lake Worth Creek Aquatic
(28) Perform any other act necessary to control and
prohibit air and water pollution, and to delegate any of
its responsibilities, authority, and powers, other than
rulemaking powers, to any state agency now or hereinaf-
ter established.

(29) Adopt by rule special criteria to protect Class II
shellfish harvesting waters Rules previously adopted by
the department in s. 17-4.28(8)a), Florida Administra-
tive Code. are hereby ratified and determined to be a
valid exercise of delegated legislative authority and shall
remain in effect unless amended by the Environmental
Regulation Commission.
(30) Establish requirements by rule that reasonably
protect the public health and welfare from electric and
magnetic fields associated with existing 230 kV or great-
er electrical transmission lines, new 230 kV and greater
electrical transmission lines for which an application for
certification under the Transmission Line Siting Act, as.
403.52-403.536, is not filed, new or existing electrical
transmission or distribution lines with voltage less than
230 kV, and substation facilities. Notwithstanding any
other provision in chapter 403 or any other law of this
state or political subdivision thereof, the department
shall have exclusive jurisdiction in the regulation of elec-
tric and magnetic fields associated with all electrical
transmission and distribution lines and substation facili-
ties. However, nothing herein shall be construed as su-
perseding or repealing the provisions of s. 403 523(1)
and (14).
Mtor.-s. 7. ch. 67-436: as 19 26.35 ch 9-106: a. I ch 71-35. s 2. ch
71-36. 3. c 72-390. 1.ch 72-63.1 113 ch 73-333. 3.ch 74-133 s 1.ch
77-21 a 137 ch 77-104. a 268. ch 77-147 s 2. ch 77-369. 14 ch 78-96 a
2.ch 78-437.9.73.ch 79-65, 1.ch 79-130 s 96 ch 79-164. 160.ch 79-400.
S1 ch 60-6. 2. 5 ch 81-228 S 5 ch 82-27 & ch 82-79 1 2.ch 82-80:
SE6.ch 83-10. 5. ch 84-79.1 1.ch 84-338 s 1.ch 85-96 l 5 ch 85-345.
3 5. ch 86-173. 62. Ch 86-186
CI -f 403501-403517 Flonda Elclnc Power Plnt Satng Act

403.066 Sewag disposal facilities; advanced and
-Cordwy Wa-t U"WAIL-
(1Xa) Neither the Department of Health and Rehabil-
itative Services nor any other state agency, county, spe-
cial district, or municipality shall approve construction of
any facilities for sanitary sewage disposal which do not
provide for secondary waste treatment and, in addition
thereto, advanced waste treatment as deemed neces-
saryand ordered by the Department of Environmental
(b) No facilities for sanitary sewage disposal con-
structed after June 14, 1978, shall dispose of any wastes
by deep well injection without providing for secondary
waste treatment and, in addition thereto, advanced
waste treatment deemed necessary by the Department
of Environmental Regulation to protect adequately the
beneficial use of the receiving waters.
(c) Facilities for sanitary sewage disposal may not
dispose of any wastes into Old Tampa Bay, Tampa Bay,
Hillsborough Bay, Boca Ciega Bay, St Joseph Sound,
Clearwater Bay, Sarasota Bay. Little Sarasota Bay, Rob-
erts Bay, Lemon Bay, or Charlotte Harbor Bay, or into
any bay, bayou, or sound tributary thereto, without pro-
viding advanced waste treatment approved by the De-
partment of Environmental Regulation.
(2) Any facilities for sanitary sewage disposal exist-
ing on July 1, 1971, shall provide for secondary waste
treatment by January 1, 1973, and, in addition thereto,
advanced waste treatment as deemed necessary and
ordered by the former Department of Pollution Control
or its successor, the Department of Environmental Reg-
ulation. Failure to conform by said date shall be punish-

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1033 311301 CSWrhI Tn Wi nurma QTATni1'W 1033

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provisions of this chapter or ss. 376.30-376 319 and any
rules adopted thereunder.
(c) The judge shall, before issuing the warrant, have
the application for the warrant duly sworn to and sub-
scribed by a representative of the department; and he
may receive further testimony from witnesses, support-
ing affidavits, or depositions in writing to support the ap-
S plication. The affidavit and further proof, if had or re-
quired, shall set forth the facts tending to establish the
grounds specified in paragraph (b) or 'the reasons for
believing that such grounds exist.
(d) Upon examination of the application and proofs
submitted and if satisfied that cause exists for the issu-
ing of the inspection warrant, the judge shall thereupon
issue a warrant, signed by him with the name of his of-
fice, to any department representative, which warrant
will authorize the representative forthwith to inspect the
property described in the warrant.
Hmy.-s- 10. ch 67-43t 6. 635. ch O-106; a 1. ch. 80-32 s 6. ch
8.-27. 26. ch. 84-338:; 25. ch. 6-15W .
'Nea.-rhe words it remon we ineried by mi etdors.
1403.101 ClassMlcaon and mrpoing; regulation of
opemarst of wmatr pwfi lhii pMfle nd wamtawater
btment plant.-
(1) The department, by rule, may classify air and wa-
ter contaminant sources, which sources in its judgment
may cause or contribute to air or water pollution, accord-
ing to levels and types of emissions and other character-
Sistics which relate to air or water pollution, and may re-
quire reporting for any such class or classes. Classifica-
tions made pursuant to this section may be made for ap-
plication to the state as a whole or to any designated
area of the state, and shall be made with special refer-
ence to physical effects on property and effects on
health, economic, social, and recreational factors.
(2) Any person operating, or responsible for the op-
eration of, air or water contaminant sources of any class
for which the rules of the department require reporting
shall make reports containing information as may be re-
quired concerning location, size, and height of contami-
nant outlets, processes employed, fuels used, and the
nature and time period or duration of emissions, and
such other information as is relevant to air and water pol-
lution and available or reasonably capable of being as-
(3) The department is authorized to establish qualifi-
S cations for, and to examine and certify, water and wast-
water treatment plant operators; to issue, deny, revoke,
and suspend operator certificates pursuant to its rules
and chapter 120; to charge a fee not in excess of $15
for certification; and to charge a fee not in excess of $30
for application processing and renewal of certification.
In assessing fees authorized by this subsection, the de-
S. apartment is directed to adjust the fees as needed within
the established limits to ensure that generated revenues
from the certification program will equal or exceed the
cost of operation. Certificate renewal shall be biennial,
effective January 1, 1980. A fee not to exceed $5 may
be charged for the issuance of a duplicate certificate.
Such fees shall be nonrefundable. Renewals of certifica-
tion, issued as requested by the applicant pursuant to
S this section, shall be exempt from the provisions of s.
.120.60(3), if the department provides each applicant

with written notice either personally or by mai of the cer-
tification or renewal.
(4) No person shall perform the duties of operator of
a water or wastewater treatment plant unless he holds
a current operator's certificate issued by the depart-
ment. However, this section shall not apply to public
lodging establishments licensed under chapter 509. No
owner of a water or wastewater plant shall employ any
person to perform the duties of an operator unless such
person possesses a valid certificate at the required level
of certification.
(5) AH funds collected pursuant to this section shall
be deposited in the General Revenue Fund.
(6) The department may promulgate rules and mini-
mum standards to effectuate the provisions of this sec-
tion and to ensure efficient, hygienic water purification
and wastewater treatment operations in this state.
(7) For purposes of this section, "operator" means
any person, including the owner, who is principally en-
gaged in, and is in charge of, the actual operation, su-
pervision, and maintenance of a drinking water punfica-
tion plant or a domestic wastewater treatment plant and
includes the person in charge of a shift or period of oper-
ation dunng any part of the day.
ilMM-.-s 11 ch 67-43 a 26o3. ch W6-106 a 18. ch 77-337. 161 ch.
79-40. 3I ch 80-a 2. ch. 81-3; a. 1. 2. 3. ch. 82-44. 17. ch 86-186.
Ia-.-Epres October 1. 19. purnuat to a 3. ch 82-44. and is scheduled
or review puuarn 1 o s 1161 in aance of tllW dale

403.165 Use of pollution awards; pollution recovery
(1) Any moneys recovered by the state in an action
against any person who has polluted the air, soil, or wa-
ter of the state in violation of this chapter shall be used
to restore the polluted area which was the subject of suit
to its former condition or to otherwise enhance pollution
control activities in the polluted area.
(2) There is hereby created a Pollution Recovery
Fund which is to be supervised and used by the depart-
ment to restore polluted areas of the state, as defined
by the department, to the condition they were in before
pollution occurred or to otherwise enhance pollution
control activities in the polluted area. The fund shall con-
sist of all moneys specified in subsection (1). The mon-
eys shall be disbursed first to pay all amounts necessary
to restore the respective polluted areas which were the
subjects of state actions or to otherwise enhance pollu-
tion control activities in such areas. Any moneys remain-
ing in the fund shall then be used by the department, as
it sees fit, to pay for any work needed to restore areas
which required more money than the state was able to
obtain by court action or otherwise or to restore areas
in which the state brought suit but was unable to recov-
er any moneys from the alleged violators. An amount up
to 10 percent of the average annual balance of the fund
shall be disbursed for monitoring past restoration of pol-
luted areas.
Hitwy--s. 5, ch. 72-286: a. 18. ch. 86-186.
403.1455 Environmental hort-term emergency re-
sponse program.-
(1) It is the purpose of this section to provide a
mechanism through which the state can immediately re-
spond to short-term emergencies involving a threat to

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