Title: HB 47-B, 2nd Engrossed
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 Material Information
Title: HB 47-B, 2nd Engrossed
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - HB 47-B, 2nd Engrossed (JDV Box 43)
General Note: Box 18, Folder 1 ( Water Task Force - 1983 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004131
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







ENROLLED

1983 Legislature


HB 47-B. 2nd Engrossed


ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


An act relating to water resources; amending a.

373.026, Florida Statutes, expanding duties of

the Department of Environmental Regulation with

respect to collecting and monitoring data

relating to water resources; creating s.

403.063, Florida Statutes, requiring the

department to establish a groundwater quality

monitoring network and providing criteria

therefore; requiring regional and local

governments to sample and test groundwater as

directed by the department; requiring the

department to develop a program of inspecting

package sewage treatment facilities; amending

s. 403.855, Florida Statutes, expanding duties

of the department relating to imminent hazards

in water supplies; adding subsections to s.

373.203, Florida Statutes, providing

definitions; amending a. 373.206, Florida

Statutes, expanding the authority of the

department to plug hazardous artesian wells;

creating s. 373.207, Florida Statutes,

requiring water management districts to adopt

plans for plugging abandoned artesian wells;

providing for review of plans by the

department; creating s. 487.0615, Florida

Statutes; establishing the Pesticide Review

Council; providing for membership; providing

powers and responsibilities; providing for

rulemaking petition; providing reimbursement

for travel; creating a. 487.043, Florida
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law; words underlined are additions.


Statutes, providing for the testing of

restricted-use pesticides; providing duties of

the Pesticide Review Council, the Department of

Agriculture and Consumer Services, and the

Department of Environmental Regulation)

providing for future review and repeal of so.

487.0615 and 487.043, florida Statutese

creating an agriculture policy for the state;

adding subsection (4) to a. 570.44, Florida

Statutes, adding a fourth bureau to the

Division of Inspection and providing for

certain positions repealing e. 487.061,

Florida Statutes, 1982 Supplement, abolishing

the Pesticide Technical Council; providing an

appropriation to the Pesticide Review Councili

repealing as. 208.001, 208.002, 208.003,

208.004, and 208.005, Florida Statutes,

abolishing the tax on the generation of

hazardous waste effective June 30, 1985;

creating a. 208.006, Florida Statutes, levying

a tax on commercial hazardous waste facilities;

'creating a. 220.184, Florida Statutes,

providing a hazardous waste facility credit

against the corporate income tax; amending a.

220.02(9), Florida Statutes, 1982 Supplement,

providing for the priority of such credit;

amending a. 403.702(2)(c), Florida Statutes;

providing legislative intent; adding

subsections to s. 403.704, Florida Statutes;

providing additional powers and duties of the

Department of Environmental Regulations
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law; words underlined are additions.


C1 ----4-----










ENROLLED

1983 Legislature HB 47-8, 2nd Engrossed


amending a. 403.721(4), florida Statutes,

authorizing rules relating to the transport of

hazardous wastes; adding a subsection to a.

403.724, Florida Statutes, imposing financial

responsibility requirements upon transporters

of hazardous waste; amending a. 403.722(9) and

(10), Florida Statutes, 1982 Supplement;

specifying certain requirements in certain

permitting processes) creating a. 403.7225,

Florida Statutes; providing for the preparation

of local hazardous waste management

assassmentas providing duties of the counties,

regional planning councils, and the department

relative to such assessments; creating s.

403.7226, Florida Statutes, requiring the

department to provide certain technical

assistance to counties and regional planning

councils; providing for the allocation of funds

from the Water Quality Assurance Trust fund;

amending a. 403.723, lrorida Statutes;

requiring counties to complete a hazardous

waste management assessment and to choose a

site for a hazardous waste storage facility;

providing duties of the Governor and Cabinet;

requiring counties to notify small quantity

generators of their responsibilities annually;

requiring such generators to disclose certain

information to the county; providing for

verification of such generators' management

practices; providing penalties; requiring

counties to furnish information on the
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ENROLLED

1983 Legislature


HB 47-B, 2nd Engrossed


assessment and the notification program to the

department; amending s. 403.703(18), Florida

Statutes, redefining the "closure" of a

resource recovery and management facility;

amending s. 403.704(16), Florida Statutes,

changing procedures for the review of

department rules stricter than those of the

United States Environmental Protection Agency

relating to resource recovery and management;

amending s. 403.707(1) and (2), Florida

Statutes, 1982 Supplement, and adding a

subsection; requiring resource recovery and

management facilities and sites which are

closed to be permitted; changing exceptions

from certain permit requirements; restricting

the permitting of certain new sanitary

landfills; creating s. 403.7261, Florida

Statutes, establishing Amnesty Days for the

purging of mall quantities of hazardous

wastes; amending a. 403.727(3) and (4), Florida

Statutes, 1982 Supplement, and adding new

subsections (4), (6), and (7) thereto, relating

to violations of provisions relating to

hazardous wastes; imposing liability upon

specified persons for costs and damages caused

by the release or threatened release of

hazardous substances; restricting the ability

of government entitles to interpose a defense

to such liability; providing additional

exemptions from liability; creating a. 501.082,

Florida Statutes; requiring specified


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law; words underlined are additions.











ENROLLED

1983 Legislature HB 47-B, 2nd Engrossed


governmental agencies and institutions of the

State University System to notify the

department regarding hazardous materials and

management practices; requiring written plans

for management and spill control; providing for

siting of a multipurpose hazardous waste

facility by the state) providing for adoption

of siting criteria by the departments providing

for adoption of a site designation by the

Environmental Regulation Commission; directing

the commission to contract for construction and

operation of the facility) requiring permitting

of the facility; authorizing the issuance of

state bonds; prohibiting hazardous waste

landfills and the issuance of permits therefore;

providing for emergency temporary permits;

creating a. 768.1315, Florida Statutes,

providing immunity from liability for persons

who assist in cleaning up any discharge of

hazardous materials; providing exceptions;

providing responsibilities of the department;

repealing a. 403.729, rlorida Statutes,

abolishing the State Hazardous Waste Policy

Advisory Council; adding subsection (22) to a.

S215.22, lrorida Statutes, authorizing certain

deductions from the Water Quality Assurance

Trust Fund; creating s. 403.1655, Florida

Statutes, creating the Environmental Short-Term

Emergency Response to provide for pollution

abatement procedures; amending s. 381.272,

Florida Statutes, 1982 Supplement, providing
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ENROLLED

1983 Legislature


HB 47-B, 2nd Engrossed


for the regulation of onsite, rather than

individual, sewage disposal systems; changing

the types of subdivisions which may use certain

systems; restricting the location of such

systems; providing for equal application of

restrictions end rules; changing the

circumstances in which variances may be granted

and the procedures therefore; prohibiting

certain uses of organic chemical solvents;

prohibiting issuance of permits in certain

areas; authorizing temporary permits for

experimental systems; deleting provisions

relating to organic waste composting systems;

providing for a special rule in certain cases

creating a. 381.273, Florida Statutes,

authorizing the Department of Health and

Rehabilitative Services to collect fees for

regulating such systems and for certain

research; increasing fees to fund the

accelerated oil. survey program in the

Department of Agriculture and Consumer

Services; amending as. 403.1821-403.1824,

403.1826, 403.1829, Florida Statutes; providing

a short titles providing definitions;

specifying eligible uses of the State Water

Pollution Trust fund; providing for the

Department of Environmental Regulation to make

rules with respect to project priorities and

certain other matters; providing for transfer

of funds from the State Water Pollution Control

Trust Fund to the Small Community Sewer


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ENROLLED

1983 Legislature HB 47-B, 2nd Engrossed


Construction Assistance Trust Fund; providing

for restrictions on the use of grant money;

providing for transfer of funds from the State

Water Pollution Control Trust Fund to the Small

Community Sewer Construction Assistance Trust

Fund; providing guidelines for local

governmental contributions to projects;

requiring projects to be self-sufficient with

respect to operation, maintenance, and

replacement costs; providing funding

priorities; amending s. 403.1832, florida

Statutes; designating the department as the

state agency to contract with the federal

government on certain activities; amending a.

403.804(3), Florida Statutes; providing duties

of the Environmental Regulation Commission;

creating ss. 403.1836-403.1839, Florida

Statutes; creating the Small Community Sewer

Construction Assistance Trust Fund in the

department; providing for grants from the fund;

providing duties of the department regarding

such grants; repealing ss. 403.1827, 403.1828,

403.1830, 403.1831, 403.1833, Florida Statutes,

relating to administering federal grants for

water pollution control and sewage treatment;

adding a subsection to s. 212.02, Florida

Statutes, 1982 Supplement, as amended,

providing a definition; amending s. 212.11(1),

Florida Statutes, changing sales tax collection

procedures; amending s. 212.12(2), Florida

Statutes, 1982 Supplement, and repealing
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ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


subsection (5); providing a penalty; providing

for the use of certain funds; amending s.

403.802, Florida Statutes, providing

legislative policy; amending s. 403.803,

Florida Statutes, providing definitions;

amending s. 403.805, Florida Statutes,

authorizing the Secretary of the Department of

Environmental Regulation to delegate certain

powers and duties to the water management

districts; amending s. 403.807, Florida

Statutes, providing powers and duties of the

Division of Environmental Programs of the

department; amending s. 40..808, Florida

Statutes, providing duties of the Division of

Environmental Permitting of the department;

adding a subsection to s. 403.061, Florida

Statutes, authorizing the Department of

Environmental Regulation to adopt rules

protecting certain shellfish harvesting waters;

amending s. 403.809, Florida Statutes,

providing for boundaries and management

personnel of environmental districts; amending

a. 403.812, Florida Statutes; providing for

delegating certain departmental powers and

duties to the water management districts;

'providing limitations on such powers and

duties; amending s. 403.813(1), Florida

Statutes, 1982 Supplement, providing criteria

for certain projects for which a permit is

required; amending s. 373.016(2), Florida

Statutes, providing legislative policy;


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ENROLLED

1983 Legislature HB 47-B, 2nd Engrossed


ENROLLED

1983 Legislature


HB 47-B, 2nd Engrossed


amending a. 373.106, Florida Statutes, granting

the water management districts exclusive

authority to issue certain permits; amending a.

373.114, Florida Statutes; providing for review

by the department of certain water management

district rules, providing procedures for such

review; amending s. 373.116(1), florida

Statutes; providing for filing certain permit

applications with the districts; amending a.

373.303(6), Florida Statutes, modifying the

definition of "well"; repealing a. 373.303(9),

Florida Statutes; eliminating the exemption of

sand-point wells from well regulations;

amending a. 373.308(1) and (2), Florida

Statutes, and adding a new subsection (3),

requiring the department to authorize water

management districts to exercise certain

powers; amending s. 373.323, Florida Statutes,

providing for water well contractor's licenses

to be issued by the water management districts;

amending s. 373.333, Florida Statutes,

providing for enforcement; amending s. 376.011,

Florida Statutes, and designating as. 376.21-

376.011, as part I of chapter 376; amending e.

376.031(7), Florida Statutes, exempting

liquified petroleum gas from provisions

relating to pollutant spill prevention and

control; adding a subsection to s. 376.051,

Florida Statutes, providing for rules; amending

a. 376.11(3)(b), (4)(a) and (b) and (5),

Florida Statutes, increasing applicability of


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law; words underlined are additions.


the excise tax for the Florida Coastal

Protection Trust Fund; increasing limits on the

balance in the trust fund and changing

authorized disbursements from the fund;

repealing s. 376.18. Florida statutes, relating

to certain disbursements from the Florida

Coastal Protection Trust Fund; creating part II

of chapter 376, Florida Statutes, providing

intent and definitions; prohibiting certain

pollution; providing powers of the Department

of Environmental Regulation; providing for

removal of prohibited discharges; creating the

Water Quality Assurance Trust Fund; providing

funding; authorizing an excise tax upon

registrants operating terminal facilities under

certain circumstances; providing for suspension

of the tax in certain years; providing for

collection; providing for administration;

providing liabilities and defenses of

facilities; requiring financial responsibility;

providing for enforcement; providing individual

causes of action; providing for construction;

creating s; 373.115, Florida Statutes,

providing for the effect of prior land

acquisition on consumptive use permitting;

providing effective dates.


Be It Enacted by the Legislature of the State of florida:


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law; words underlined are additions.











ENROLLED


ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


1993 Legislature HB 47-8, 2nd Engrossed


Section 1. This act may be cited as the "Water Quality

Assurance Act of 1983."
PART I

DEPARTMENT F0 ENVIRONMENTAL REGULATION

DATA COLLECTION

Section 2. Section 373.026, Florida Statutes, is

amended to reads

373.026 General powers and duties of the department.--

The Department of Environmental Regulation, or its successor

agency, shall be responsible for the administration of this

chapter at the state level. However, it is the policy of the

state that, to the greatest extent possible, the department

may enter into interagency or interlocal agreements with any

other state agency, water management district, or local

government conducting programs related to or materially

affecting the water resources of the state. All such

intereveney agreements shall be subject to the provisions of

a. 373.046. In addition to its other powers and duties, the

department shall, to the greatest extent possible fe

autheaised:

(1) We Conduct, independently or in cooperation with

other agencies, topographic surveys, research, and

investigations into all aspects of water use and water

quality.

(2) Be the central repository for all scientific and

factual information relating to water resources generated by

local governments, water management districts and state

agencies and to that end, collect, maintain and make available

such information to public and private users within the state

and assist in the acquisition of scientific and factual data

from the water management districts, local governments, and


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law; words underlined are additions.


United States Geological Survey. All local governments, water

management districts and state agencies are directed to

cooperate with the department or its agents in making

available to it for this purpose such scientific and factual

data as they may have, generate or possess, as the department

deems necessary. The department is authorized to prescribe

the format and ensure quality control for all data collected

or submitted. Additionally, the department shall annually

publish a bibliography of all water resource investigations

conducted in the state, the first such bibliography to be

published no later than July 1. 1984. The department is

additionally directed to establish priorities for the

development of a computerized groundwater data base upon the

following principles:

(a) Regions deemed prone to groundwater contamination

due to land-use.

(b) Regions that have an identifiable direct

connection with any confined aquifer utilized as a drinking

water aquifer. '

(c) Any region dependent on a single source aquifer.

Teo eteeeety empiter and analyser fee its ase and guidance in

adminietering the water researee laws eo this state

scientifie and faetual data frea the United Statese eeotegisa

Survey or any state eaeneyr State ageneie aree directed te

Seeperate with the department er its agents in making

available te it fer thie purpose saeh seentifeic and faetuae

date a o they may have.
(3) We Cooperate with other state agencies, water

management districts, and regional, county, or other local

governmental organizations or agencies created for the purpose

of utilizing and conserving the waters in this state; te
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ENROLLED

1983 Legislature HB 47-8, 2nd Engrossed



assist such organizations and agencies in coordinating the use

of their facilities; and participate in an exchange of ideas,

knowledge, and data with such organizations and agencies. For

this purpose the department may maintain an advisory staff of

experts.

(4) We Prepare and provide for dissemination to the

public of current and useful information relating to the water

resources of the state.

(5) Te Identify by continuing study those areas of the

state where saltwater intrusion is a threat to freshwater

resources and report its findings to the water management

districts, boards of county commissioners, and public

concerned.

(6) Ve Conduct, either independently or in cooperation

with any person or governmental agency, a program of study,

research, and experimentation and evaluation in the field of

weather modification.

(7) e. Exercise general supervisory authority over all

water management districts. The department may exercise any

power herein authorized to be exercised by a water management

district. Whe department she&& review end may rescind or

medifys any pelieyy riuer regulaCtien or order eo a water

management dlstrietr eneept these pe4eisesr ruleer er

regulatiens whish involve enly the internal management s the

distraier to neare eemplainee with the proviseins and

purposes eC this hapter Buch review may be lnitated at any

time either by the department or by an interested person

aggrieved by suhe peieyr ruler regulationt er order by filing

a request for such review with the department and serving a

eopy en the water management dietriets 8esh request fer

review is net a preeendJiten to the effectiveness ef such
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ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


pelieyt ruier regulattent er rdeWrr or to the seeking of

judieal review as otherwise provided,

(8)(a) Te Provide such coordination, cooperation, or

approval necessary to the effectuation of any plan or project

of the federal Government in connection with or concerning the

waters in the state. Unless otherwise provided by state or

federal law, the department shall, subject to confirmation by

the Legislature, have the power to approve or disapprove such

federal plans or projects on behalf of the state.

(b) The department, subject to confirmation by the

Legislature, shall act on behalf of the state in the

negotiation and consummation of any agreement or compact with

another state or other states concerning waters of the state.

(9)(a) We Bold annually a conference on water

resources developmental programs. Each agency, commission,

district, municipality, or political subdivision of the state

responsible for a specific water resources development program

requiring federal assistance shall present at such conference

its programs and projects and the needs thereof. Notice of

the time and place of the annual conference on water resources

developmental programs shall be extended by mail at least 30

days prior to the date of such conference to any person who

has filed a written request for notification with the

department. Adequate opportunity shall be afforded for

participation at the conference by interested members of the

general public.

(b) Upon termination of the water conference, the

department shall select those projects for presentation in the

Florida program of public works which best represent the

public welfare and interest of the people of the state as

required for the proper development, use, conservation, and
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ENROLLED

1983 Legislature HB 47-B, 2nd Engrossed


protection of the waters of the state and land resources

affected thereby. Thereafter, the department shall present to

the appropriate committees and agencies of the Federal

Government a program of public works for Florida, requesting

authorization for funds for each project.
PART II

GROUNDWATER MONITORING

Section 3. Section 403.063, Florida Statutes, is

created to read:

403.063 Groundwater quality monitoring.--

(1) The department. in cooperation with other state

and federal agencies, water management districts, and local

governments, shall establish a groundwater quality monitoring

network designed to detect or predict contamination of the

state's groundwater resources.

(2) The department may, by rule, determine the

priority of sites to be monitored within such groundwater

quality monitoring network, based upon the following criteria:

(a) The degree of danger to the public health caused

or potentially caused by contamination.
(b) The susceptibility of each site to contamination.

(3) This information shall be made available to state

and federal agencies and local governments to facilitate their

regulatory and land use planning decisions.

(4) To the greatest extent practicable the actual

samplin and testing of groundwater pursuant to the provisions

of this section may be conducted by local and regional

agencies.
Section 4. The Department of Environmental Regulation

shall implement a program to conduct regular and continuing

inspection of package sewage treatment facilities. To the
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law; words underlined are additions.


ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


greatest extent possible, consistent with the abilities and

the financial resources of local governments, the inspection

program shall be delegated to local governments.
PART III

WELL FIELD CONTAMINATION MITIGATION

Section S. Section 403.85, florida Statutes, is

amended to read,
403.855 Imminent hazards.--In coordination with the

Department of Health and Rehabilitative Services, the

department, upon receipt of information that a contaminant

which is present in, or is likely to enter, a public or

private water aupplie system may present an imminent and

substantial danger to the public health, may take such actions

as it may deem necessary in order to protect the public

health. Department actions shall whieh the department may

take include, but are not limited to,
(1) Adopting emergency rules pursuant to a. 120.54(9).

(2) Issuing such corrective orders as may be necessary

to protect the health of persons who are or may be users of

such auplies systems, including travelers. An order issued

by the department under this section shall become effective

upon service of such order on the alleged violator,

notwithstanding the provisions of a. 403.860(3).

(3) Establishing a program designed to prevent

contamination or to minimize the danger of contamination to

potable water supplies.

(4) Contracting for clinical tests on samples of the

affected population if the department determines there is a

real and immediate danger to the public health.


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ENROLLED

1983 Legislature


HB 47-B, 2nd Engrossed


ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


(SI8) Commencing a civil action for appropriate

relief, including a restraining order or permanent or

temporary injunction.
PART IV

ARTESIAN WELL PLUGGING

Section 6. Subsections (3) and (4) are added to

section 373.203, Florida Statutes, to read:

373.203 Definitions.--

(3) "Abandoned artesian well" is defined as an

artesian wells

(a) That does not have a properly functioning valve;

(b) The use of which has been permanently

discontinued;

(c) That does not meet current well construction

standards,

(d) That is discharging water containing greater then

500 mg/l chlorides into a drinking water aquifer,

(a) That is in such a state of disrepair that it

cannot be used for its intended purpose without having an

adverse impact upon an aquifer which serves as a source of

drinking water, or which is likely to be such a source in the

future; or .

(f) That does not have proper flow control on or below

the land surface.

(41 "Plugginag is defined as plugging, capping, or

otherwise controlling a well as deemed appropriate by the

department or by the appropriate water management district.

Section 7. Section 373.206, Florida Statutes, is

amended to read

373.206 Artesian wells; flow regulated.--Every person,

stock company, association or corporation, county or
17

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law; words underlined are additions.


municipality owning or controlling the real estate upon which

is located a flowing artesian well in this state shall, within

90 days after June 15, 1953, provide each such well with a

valve capable of controlling the discharge from the well, and

shall keep the valve so adjusted that only a supply of water

shall be available as is necessary for ordinary use by the

owner, tenant, occupant or person in control of the land for

personal use and on conducting his business. Uon the

determination by the Department of Environmental Regulation or

the appropriate water management district that the water in an

artesian well is of such poor quality an to have an adverse

impact upon an aquifer or other water body which serves as a

source of public drinking water, or which is likely to be such

,a source in the future, then such well Bewevery if the water

in a well s ee khighy mineratised or otherwise ef sush peer

quality tha t tis e longer a sable water uepplty as

determined by the Department eI Invireanmenta Regulatiten then

it shall be plugged in accordance with department or

appropriate water management district the departmental

specifications for well plugging.

Section 8. Section 373.207, Florida Statutes, is

created to read .

373.207 Abandoned artesian wells.--

S (1) Bach water management district shall develop a

work plan identifying the location of all known abandoned

artesian wells within its jurisdictional boundaries and

defining the actions which the district must take in order to

ensure that each such well is. plugged on or before January 1,

1992. The work plan shall include the following:

(a) An initial inventory, accounting for all known

abandoned artesian wells in the district.
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ENROLLED

1983 Legislature BB 47-8, 2nd Engrossed


(b) The location and owner of each known abandoned

well.

(c) The methodology proposed by the district to

accomplish the plugging of all known abandoned wells within

the district on or before January 1. 1992.

(d) Data relating to costs to be incurred for the

plugging of all wells, including the per well cost and

personnel costs.
(e) A priority schedule of well plugging established

to mitigate damage to the groundwater resource due to water

quality degradation.

(2) Bach water management district shall submit its

work plan to the Secretary of Environmental Regulation no

later than January 1. 1984. Thereafter, each water management

district shall submit an annual update of its work plan until

January 1. 1992. or until all wells identified by the plan are

plugged, whichever is later.
PART V

PESTICIDES

Section 9. Section 487.0615, florida Statutes, is

created to read:

487.0615 Pesticide Review Council.--

(1) There is hereby created within the Department of

Agriculture and Consumer Services the Pesticide Review Council

to consist of nine scientific members as follows a

scientific representative from the Department of Environmental

Regulation, from the Department of Natural Resources, from the

Department of Health and Rehabilitative Serviceas and from the

Game and Fresh Water fish Commission, to be appointed by each

agency; the state chemist; the dean of research of the

Institute of food and Agricultural Sciences of the University
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ENROLLED

1983 Legislature


H8 47-B, 2nd Engrossed


of Florida; and a hydrologist. a toxicologist, and an

independent scientific research consultant with experience in

both government and industry, to be appointed by the Governor.

Immediately after their appointment, the members of the

council shall meet and organize by electing a chairman, a vice

chairman, and a secretary, whose terms shall be for 1 year.

Council officers shall not serve consecutive terms. The

council shall meet at the call of its chairman, at the request

of a majority of its membership, at the request of the

department, or at such time as a public health or

environmental emergency arises.
(2) The Pesticide Review Council shall have the

following powers and duties: ,

S.) Review U.S. Environmental Protection Agency data

on newly registered restricted-use pesticides.
(b) Initiate scientific studies on any registered

restricted-use pesticide when substantive preliminary data

indicates that the restricted-use pesticide, as presently

being used, poses an unreasonable adverse effect on the

hydrogeologic environment or human health, or that claims made

by the registrant relative to its sale, distribution, use, or

effects, to the U.S. Environmental Protection Agency in the

registration application, are substantially different from

actuality. The council shall utilize the available services

of state agencies or the State University System to conduct

scientific studies determined to be necessary in the

performance of its duties.

(c) Apprise the U.S. Environmental Protection Aency

of the specific soil, hydrogeological, and other environmental

conditions in Florida counties of intense restricted-use

pesticide application.
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3


..... ......... ... -..... .. .. -- ~ ..- -.-.... ....- ....-- .-- -.... ..
state.

(f)- ake recomendationas subject to a majority vote.

directly to the Commissioner of Agriculture for actions to be

taken relative to the sale or use of a restricted-use

pesticide which the council has studied or reviewed.

(q) Provide information to appropriate government

agencies. as requested. relative to information gleaned about

restricted-use pesticides which have been reviewed or studied

by the council. However, confidential data received from the

U.S. Environmental Protection Agency or the registrant shall

be treated as such and it shall be unlawful for any member of

the council to use the data for his own advantage or to reveal

it to the general public. provisions of chapter 119 to the

contrary notwithstandIng.

(h) Evaluate the feasibility of using biological

controls to replace the use of restricted-use pesticides.

(3) The Pesticide Raview Council is defined as a

substantially interested person and shall have standing under

chapter 120 in any proceeding conducted by the Department of

Agriculture and Consumer Services relating to the registration

of a pesticide under this chapter. The council's standing


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(d) Formally request the U.S. Environmental Protection

Agency to require registrants of new restricted-use pesticides

to provide the council with environmental test data generated

in Florida or generated by simulating Florida environmental

conditions.

(e) Request information from the U.S. Environmental

Protection Agency relative to findings upon which the U.S.

Environmental Protection Agency based its registration
determinations for rastrictl d-use nesticidas reaittared in the


shall in no way prevent individual members of the council from

exercising standing in such matters.

(4) Members of the Pesticide Review Council shall

receive no compensation for their services but shall be

entitled to be reimbursed for per diem and travel expenses as

provided in s. 112.061.
Section 10. Section 487.043, Florida Statutes, is

created to reads

487.043 Testing of restricted-use pesticides.--

(1) The Department of Agriculture and Consumer

Services shall adopt rules governing the review of data

submitted by an applicant for restricted-use pesticide

registration, and shall determine whether a restricted-use

pesticide should be registered, registered with conditions, or

tested under field conditions in Florida. The department

shall transmit a copy of the application and other pertinent

information to each member of the Pesticide Review Council

within 30 days of receipt of an application for the

registration of a restricted-use pesticide.

S (2) When the Pesticide Review Council determines that

field testing in Florida is warranted, manufacturers of

restricted-use pesticides or persons wishing to register a

restricted-use pesticide for use in Florida shall apply to the

Department of Agriculture and Consumer Services for a special

permit to conduct tests under field conditions in florida.

The field testing permit shall contain tasting criteria

developed by the most appropriate state agency, as determined

by the council.

(3) The Department of Environmental Regulation may

review and comment on restricted-use pesticides registered at

the time of review, in addition to restricted-use pesticides
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for which application for registration has been made.

Further, the Department of Environmental Regulation may review

and comment on any restricted-use pesticide that may pose

unreasonably adverse effects on the environment.

(4) Nothing in this section shall affect the authority

of the Department of Agriculture and Consumer Services to

administer the pesticide registration program under this

chapter or the authority of the Conmissioner of Agriculture to

approve the registration of a pesticide.

Section 11. Sections 487.0615 and 487.043, Florida

Statutes, are repealed on October 1, 1988, and shall be

reviewed pursuant to section 11.611, Florida Statutes.

Section 12. Legislative declaration; public policy.--

The Legislature declares that's

(1) It is the public policy of this state and the

purpose of this act to achieve and maintain the production of

agricultural commodities for food and fiber as an essential

element for the survival of mankind.

(2) The production of agricultural commodites in this

state is a large and basic industry that is important to the

health and welfare of the people and to the economy of the

state.

(3) A sound agricultural industry in this state

requires the efficient and profitable use of water and energy

and many other natural, commercial, and industrial resources.

(4) The efficient and profitable use of energy and

water resources in agricultural production in this state is

often difficult to achieve because of problems that are not

well known or fully understood by the people, such as weather,

climatic changes, and market conditions.


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(5) It is important to the health and welfare of the

people of this state and to the economy of the state that

additional problems are not created for growers and ranchers

engaged in the Florida agricultural industry by laws and

regulations that cause, or tend to cause, agricultural

production to become inefficient or unprofitable.

(6) The laws and regulations that have caused problems

for agricultural production in this state have been due

primarily to a lack of adequate and informed consideration of

the adverse impact such laws and regulations would have on

efficient and profitable agricultural production in this

state.

Section 13. Subsection (4) is added to section 570.44,

florida Statutes, to read:

570444 Division of Inspection; powers and duties.--The

Division of Inspection shall be divided into not less than

four three bureaus as follows:

(1) BUREAU Or FEED, SEED, FERTILIZER AND PESTICIDE

.,, INSPECTION.--It shall be the duty of this bureau to inspect

, a. and draw samples of: Coumercial feeds offered for sale in this

state and to enforce those provisions of chapter 580, as

authorized by the department; seeds offered for sale in this

state and to enforce those provisions of chapter 578, as

authorized by the department; certified seed grown in this

state and to enforce those provisions of chapter 575, as

authorized by the department; commercial fertilizers offered

for sale in this state and to enforce those provisions of

chapter 576, as authorized by the department; and, pesticides

offered for sale in this state and to enforce those provisions

of chapter 487, as authorized by the department.


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(2) BUREAU OF FOOD, GRADES AND STANDARDS INSPECTION.--

It shall be the duty of this bureau to conduct those general

inspection activities in regard to: Foods offered for sale in

this state and to enforce those provisions of chapters 500 and

583, relating to foods as authorized by the department)

weights, measures, and standards of articles offered for sale

in this state and to enforce those provisions of chapter 531,

as authorized by the department) dairy products offered for

sale at retail in this state and to enforce those provisions

of chapters 502 and 503, as authorized by the department.

(3) BUREAU OF ROAD GUARDS.--It shall be the duty of

this bureau to operate and manage those road guard inspection

stations of the state and to perform the general inspection

activities relating to the movement of agricultural,

horticultural, and livestock products and commodities as

directed by the department and the division director.

i(4) BUREAU OF PRODUCT DATA EVALUATION.--

(a) It shall be the duty of this bureau to support the

Pesticide Review Council and to review and evaluate technical

and scientific data associated with the production,

manufacture, storage, transportation, sale or use of any

article or product with respect to any statutory authority

which is conferred on the department.
(bl The department is authorized to establish the

following positions within the bureau: experts in the fields

of toxicology, hydrology, and biology to conduct such reviews

and evaluations. The department is also authorized to

establish, appropriate clerical support positions to implement

the duties and responsibilities of the bureau.


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law; words underlined are additions.


Section 14. Section 487.061, Florida Statutes, as

amended by chapters 81-236 and 82-46, Laws of Florida, is

hereby repealed.

Section 15. There is hereby appropriated from the

General Revenue Fund the sum of $10,000 to the Pesticide

Review Council for the purposes of carrying out council

responsibilities and reimbursing members for per diem and

travel expenses for the 1983-1984 fiscal year.
PART VI

HAZARDOUS WASTE MANAGEMENT

Section 16. Sections 208.001, 208.002, 208.003,

208.004, and 208.005, Florida Statutes, shall stand repealed

on June 30, 1985.

Section 17. Section 208.006, Florida Statutes, is

crested to reeds

208.006 Tax on commercial hazardous waste

facilities.--

S (11 The owner or operator of each privately owned,

.permitted, commercial. hazardous waste transfer, storage.
treatment, or disposal facility shall, on or before January 25

of each year, file with the chief fiscal officer of the

primary host local government a certified, notarized

statement. The statement shall indicate the gross receipts

from all charges imposed during the preceding calendar year

for the treatment, storage, or disposal of hazardous waste at

the facility.

(2) A 3 percent tax is hereby levied on the annual

gross receipts of a privately owned, permitted, commercial

hazardous waste transfer, storage, treatment, or disposal

facility, which tax is payable annually on or before July 1 by


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the owner of the facility to the primary host local

government.

(3) All moneys received by the appropriate local

government pursuant to subsection (2) shall be appropriated

and used to pay for:

(a) The costs of collecting the taxi

(b) Any local inspection costs incurred by the local

government to ensure that the facility is operated pursuant to

the provisions of chapter 403. part IV. and any rule adopted

pursuant thereto:

(c) Additional security costs incurred as a result of

operating the facility, including monitoring, fire and police

protection; ,

(d) Hasardous waste contingency planning

implementation,

(e) Road construction or repair costs for public roads

adjacent to and within 1.000 feet of such hazardous waste

facility.


(3) The primary host locaLgovernment is responsible

for regulating, controlling. administering, and enforcing the

provisions of this section.
Section 18. Section 220.184, Florida Statutes, is

created to read

220.184 Hazardous waste facility tax credit.--

(1) A credit against the tax imposed by this chapter

shall be allowed to the owner of any commercial hazardous

waste facility who incurs expenses for hydrologic, geologic,

or soil site evaluations and permit fees required by the

Department of Environmental Regulation, which credit shall be

equal to the amount of such expenses incurred.


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(2) A credit against the tax imposed by this chapter

shall be allowed to the owner of any state permitted

commercial hazardous waste recycling facility, which credit

shall be an amount equal to 5 percent of the cost of the

stationary facility equipment placed in service during the

taxable year and used for the recycling of hazardous wastes.

(3) If any credit granted pursuant to this section is

not fully used in the first year for which it becomes

available, the unused amount may be carried forward for a

period not to exceed 5 years. The carryover may be used in a

subsequent year when the tax imposed by this chapter for such

year exceeds the credit for such year under this section after

applying the other credits and unused credit carryovers in the

order provided In a. 220.02(9).
Section 19. Subsection (9) of section 220.02, Florida

Statutes, 1982 Supplement, is amended to read:

220.02 Legislative intent.--

(9) It is the intent of the Legislature that credits

S against either the corporate income tax or the franchise tax

S be applied in the following orders those enumerated in a.

220.68, those enumerated in a. 631.719(1), those enumerated in

a. 220.18, those enumerated in a. 220.181, those enumerated in

a. 220.183, those enumerated in a. 220.182, and those

enumerated in a. 221.02. and those enumerated in s. 220.184.

Section 20. Paragraph (c) of subsection (2) of section

403.702, Florida Statutes, is amended to read:

403.702 Legislative findings; public purpose.--

(2) It is declared to be the purpose of this act tot

(c) Provide the authority, and require counties and

municipalities, to adequately plan and provide efficient,

environmentally acceptable resource recovery and management,
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HB 47-8, 2nd Engrossed


and require counties to plan for proper hazardous waste

management eaeept for hamardeus waste.

Section 21. Subsections (21), (22), (23), (24), and

(25) are added to section 403.704, Florida Statutes, to read:

403.704 Powers and duties of the department.--The

department shall have responsibility for the implementation

and enforcement of the provisions of this act. In addition to

other powers and duties, the department shall:

(21) Receive and administer funds appropriated for

county hazardous waste management assessments.

(22) Provide technical assistance to local governments

and regional agencies to insure consistency between county

hazardous waste management assessments; coordinate the

development of such assessments with the assistance of the

appropriate regional planning councils; and review and make

recommendations to the Legislature relative to the sufficiency

of the assessments to meet state hazardous waste management

needs.

(23) Promote public awareness of hazardous waste

issues and proper methods of management.

(24) Assist the hazardous waste storage, treatment, or

disposal industry by providing to the industry any data

produced on the types and quantities of hazardous waste

generated.

(25) Institute a hazardous waste emergency response

program which would include emergency telecommunication

capabilities and coordination with appropriate agencies.

Section 22. Subsection (4) of section 403.721, Florida

Statutes, is amended to read:


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403.721 Standards, requirements, and procedures for

generators and transporters of hazardous waste and owners and

operators of hazardous waste facilities.--

(4) The department, with respect to transporters of

hazardous waste identified or listed pursuant to this act,

shall adopt rules governing:

(a) Liability and financial responsibility for any

liability which may be incurred in the transport of hazardous

waste:

JbLtas Recordkeeping concerning the source, transport,
and delivery of hazardous waste;

e)M*b+ The transportation of hazardous waste,

requiring that such waste be properly labeled,

(dfef Compliance with the manifest system required in

paragraph (3).(e);

(el(4W The transportation of all such hazardous waste

only to the hazardous waste treatment, storage, or disposal

facilities designated by the shipper on the manifest form,

which facility shall be a facility holding a permit; and

Jfet) The use of appropriate containers for
transporting such hazardous waste.

SSection 23. Subsection (7) is added to section

403.724, Florida Statutes, to read:

403.724 Financial responsibility.--

(7) Transporters of hazardous waste shall be bonded or

insured to guarantee their financial responsibility for any

liability which may be incurred in the transportation of such

hazardous waste, and to provide that all appropriate measures

are taken to prevent damage to human health, safety, and

welfare, to the environment, and to private and public

property. financial guarantees specified in subsection (2)
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shall be used to satisfy the financial responsibility

requirement.

Section 24. Subsections (9) and (10) of section

403.722, florida Statutes, 1982 Supplement, are amended to

read:

403.722 Permits; hazardous waste disposal, storage,

and treatment facilities.--

(9) The department sha pr ee ps s ermit sppiseations

pursuant to e, aOav40, It shall not be a requirement for the
issuance of such a permit that the facility complies with an

adopted local government comprehensive plan, local land use

ordinances, zoning ordinances or regulations, or other local

ordinances. However, such a permit issued by the department

shall not override such adopted local government comprehensive

plans, local land use ordinances, zoning ordinances or

regulations, or other local ordinances.

(10) Notwithstanding so. 120.60(2) and 403.815Ts

"a1 The time specified by law for permit review shall
be tolled by the,request of the department for publication of

notice of proposed agency action to issue a permit for a
hazardous waste treatment, storage, or disposal facility and

shall resume 45 days after receipt by the department of proof

of publication. It.. within 45 days after publication of the
notice of the proposed agency action, the department receives

written notice of opposition to the intention of the agency to
issue such permit and receives a request for a hearing, the

department shall provide for a hearing pursuant to a. 120.57,

if requested by a substantially affected party, or an informal

public meeting, if requested by any other person. failure to

request a hearing within 45 days after publication of the

notice of the proposed agency action shall constitute a waiver

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HB 47-B, 2nd Engrossed


of the right to a hearing under s. 120.57. The permit review

time period shall continue to be tolled until the completion

of such hearing or meeting and shall resume within 15 days

after conclusion of a public hearing held on the application,

or within 45 days after the recommended order is submitted to

the agency and the parties, whichever is later and shall
resume puresant te the time peroade and testing previsiene ef
a, 1i0r60.

(b) Within 60 days after receipt of an application for

a hazardous waste facility permit, the department shall

examine the application, notify the applicant of any apparent

errors or omissions and request any additional information the

department is permitted by law to require. Failure to correct

an error or omission or to supply additional information shall

not be grounds for denial of the permit unless the department

timely notified the applicant within the 60-day period, except

that this paragraph shall not prevent the department from

denying an application if it does not possess sufficient

information to ensure that the facility is in compliance with
applicable statutes and rules.
(c) The department shall approve or deny every

hazardous waste facility permit within 135 days after receipt

of the original application or after receipt of the requested

additional information or correction of errors or omissions.

However, failure of the department to approve or deny within

the 135-day time period shall not result in the automatic

approval or denial of the permit and shall not prevent the

inclusion of specific permit conditions which are necessary to

ensure compliance with applicable statutes and rules. If the

department fails to approve or deny the permit within the 135-

day period, the applicant may petition for a writ of mandamus
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to compel the department to act consistent with applicable

regulatory requirements.

Section 25. Section 403.7225, Florida Statutes, is

created to read:

403.7225 Local hazardous waste management

assessments.--

(1) The Legislature recognizes that there is a need

for estimating the amount, type, and sources of hazardous

waste generated in the state. There is also a need for

facilitating proper storage. transportation. volume reduction,

treatment, resource recovery, and disposal of these wastes.

Proper management of these wastes is imperative in order to

protect the public health, safety, and welfare and the

environment.

(2) The Department of Environmental Regulation shall

establish guidelines for local hazardous vaste management

assessments and shall specify a standard format. The local

hazardous waste management assessments shall include, but not

be limited to. the identification of the following:

(a) All hazardous waste generators within the county.

including small quantity generators as defined pursuant to

federal regulations under 40 C.r.R. part 261.5.

S(b) The types and quantities of hazardous waste

generated within the county.

(c) Current hazardous waste management practices of

generators within the county.

(d) Effective vast* management practices for hazardous

waste generators requiring off-site services, including the

identification of types of facilities needed to serve the

hazardous waste generators within the county.

(e) Abandoned dump sites within the county.
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(f) Operating procedures at sanitary landfills within

the county.

(3) Each regional planning council shall coordinate

the local hazardous waste management assessments for counties

within its region and submit then to the department, according

to a department prescribed format. Each county shall prepare

a local hazardous waste management assessment based on

guidelines established by the department. The regional

planning councils and the counties shall negotiate each

county's proportionate share of the sum appropriated to the

region for this purpose. In the event that a regional

planning council and a county cannot agree on such share, the

secretary of the department shall settle the dispute. The

county's share shall be determined pursuant to the criteria

specified in section 27(2). The counties shall have 30 days

once the allocation is made available to them to decide

whether or not they want to perform their own assessments. If

the county declines to perform the local hazardous waste

management assessment or fails to respond within the 30-day

period, the regional planning council shall perform the

assessment.

(4) Each county shall designate areas within the

county in which a hazardous waste storage facility may be

located. Counties may jointly designate areas or sites by

interlocal agreement. Public hearings shall be held to

determine the area locations. Each county shall amend its

comprehensive plan, if necessary, in order to designate areas

for storage facilities. Preference shall be given to

appropriate public lands and industrial areas as designated on

local comprehensive plans. However, this section shall not

prohibit a county from amending its comprehensive plan to
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designate other areas for this purpose nor prohibit

construction of a facility on any other locally or state

approved site.

(5) No county shall mend its comprehensive plan or

undertake reasoning actions in order to prevent areas from

being designated for a hazardous vaste storage facility.
(6) Regional planning councils shall:

(a) Assist with county hazardous waste management

assessments and area selection procedures;
(b) Coordinate and assemble local hazardous waste

management assessments, which shall then constitute a regional

hazardous waste management facility needs assessment, and area

selections ,

(c) Provide any technical expertise needed by the

counties in developing the assessments

(d) Promote local and regional public information

programs for citizens and generators of hazardous waste;

SI) Review storage facility area selections for the

purpose of siting one or more regional storage facilities, and

S if) Select one or more regional storage facility

sites. -'

; (71 The regional storage facility site selection shall

not preclude siting a storage facility at some other site

which is locally or state approved. .

(8) Within 6 months after the completion of all local
Hazardous waste management assessments within a region, each

regional planning council shall complete a regional hazardous

waste management facility needs assessment utilizing

procedures and guidelines developed by the department in order

to. ensure consistent development of these planning documents.

ftrther, the regional planning councils. in preparing regional
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hazardous waste management facility needs assessments, shall

utilize all data available from county hazardous waste

management assessments. The regional planning council,

according to a department prescribed format, shall include in

its regional hazardous waste management facility needs

assessment the following:

(a) A summary of the quantities and types of hazardous

waste generated within its Jurisdiction.

(b) A summary of current hazardous waste management

practices by generators in its jurisdiction.

(c) A profile of hazardous waste generators in their

jurisdiction by industry, size, and county or city location.

Id) An assessment of the excess demand for off-site,

commercial hazardous waste facilities and services.
(e) An assessment of the short-term and long-term need

for hazardous waste management facilities in its jurisdiction.
(f) A plan to eliminate any excess demand for off-site

hazardous waste management facilities or services with the

local governments in their jurisdiction, or with local

governments in other jurisdictions or with other regional

planning councils.
(9) The department shall

(a) Assemble the regional hazardous waste management

facility needs assessments and determine if the needs of

hazardous waste generators will be met by regional hazardous

waste storage facilities, or if additional storage, treatment

or disposal facilities are needed in the state, and which

regions have the greatest need. and submit its determination

to the Legislature.
(b) Prepare a progress report on the development of

each regional hazardous waste management facility needs
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assessment and submit such report to the Legislature no later

than January 1 of the year in which such plan is due.

(10) The schedule for completion of county hazardous

waste management plans by region is as follows:

(a) For counties within the geographic areas of the

Tampa Bay Regional Planning Council, the South Florida

Regional Planning Council, the Northeast Florida Regional

Planning Council and the East Central Florida Regional

Planning Council and Volusia County; by July 1. 1994.

(b) for counties within the geographic areas of the

Treasure Coast Regional Planning Council. the Southwest

Florida Regional Planning Council, the West Florida Regional

Planning Council, and the Central florida Regional Planning

Council, by July 1. 1985.

(c) for counties within the geographic areas of the

the Apalachee Regional Planning Council, the North Central

florida Regional Planning Council, and the Withlacoochee

Regional Planning Council and Jefferson County; by July 1.

1986 '
(. 1) Preparation of county hazardous waste management

assessments, storage facility area selections, or regional

storage facility site selections shall not prevent siting of

storage or treatment facilities in any area of the state.
(12) Any county which undertakes and completes a

hazardous waste management assessment and storage facility

area selection prior to the scheduled completion dates for

counties in the region shall receive a proportionate share of

moneys available, determined pursuant to subsection (3), at

the time it is appropriated for such purpose.

(13) Water management districts shall provide

technical assistance, relative to water resources, to local
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HB 47-8, 2nd Engrossed


and regional agencies during the selections of the local

storage facility areas and regional transfer facility sites.
(14) The department and the regional planning councils

shall administer any funds appropriated for the purpose of

developing the local hazardous waste management assessments

and storage facility area or site selections.

(15) Except as provided in this part, no local

government law, ordinance, or rule pertaining to the subject

of hazardous waste regulation shall be more stringent than

department rules adopted under authority of this chapter.
Section 26. Section 403.7226, Florida Statutes, is

created to reads

403.7226 Technical assistance by the department.--The

Department of Environmental Regulation shall:
(1) Provide technical assistance to county governments

and regional planning councils to insure consistency in

coordinating local and regional hazardous waste assessments as

provided in a. 403.7225. In order to ensure that each local
assessment is properly prepared, and in order to ensure all

SInformation gathered during the assessment is uniformly

compiled and documented, each county or regional planning

council shall contact the department during the preparation of

the local assessment to receive technical assistance. Each

county and region shall follow guidelines established by the

department in order to properly prepare these assessments.

'' (2) Identify short-term and long-term hazardous waste

facility and service needs for the state on the basis of the

information gathered through the county and regional hazardous

waste assessments, and other information from state and

federal regulatory agencies and sources. The state needs

assessment shall be ongoing and updated when new data
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concerning waste generation and waste management technologies

become available. On June 1, 1984. and on an annual basis

thereafter, a copy of this assessment shall be sent to the

Governor and Cabinet.

Section 27. (1) There is hereby appropriated the sum

of $2,110,876 to the Department of Environmental Regulation

from the Water Quality Assurance Trust Fund created in s.

376.60, Florida Statutes, for the purpose of funding local

hazardous waste management assessments, the small quantity

generator notification program, regional hazardous waste

facility needs assessments, and storage area or site

selections pursuant to this act as follows:

(a) The sum of $1,428,500 shall be distributed during

fiscal year 1983-1984 to the Tampa Bay Regional Planning

Council, the South Florida Regional Planning Council, the

Northeast Florida Regional Planning Council and the East

Central Florida Regional Planning Council and Volusia County,

in amounts which are based upon the population in the

geographic areas of such councils;

(b) The sum of $508,810 shall be distributed during

fiscal year 1984-1985 to the Treasure Coast Regional Planning

Council, the Southwest Florida Regional Planning Council, the

West Florida Regional Council, and the Central Florida

Regional Planning Council, in amounts which are based upon the

population in the geographic areas of such councils.
(c) The sum of $173,566 shall be distributed during

fiscal year 1985-1986 to the Apalachee Regional Planning

Council, the North Central Florida Regional Planning Council,

and the Withlacoochee Regional Planning Council and Jefferson

County, in amounts which are based upon the population in the

geographic areas of such councils.
39

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HB 47-B, 2nd Engrossed


(2) In the event that any county chooses to perform

the local hazardous waste management assessment required in s.

403.7225, Florida Statutes, the county's share of the regional

appropriation shall be based on the following considerations

(a) The anticipated level of effort and workload

associated with completion, relative to the level of effort

and workload of other counties in the region, of the local

hazardous waste management assessments required by e.

403.7225(2), Florida Statutes.

(b) The anticipated level of effort and workload

required to coordinate the local hazardous waste assessments

as required by s. 403.7225(3), Florida Statutes.

S(c); The total population in each county jurisdiction.

(d) The total number of manufacturing establishments

within each county jurisdiction.

(3) Each regional planning council may retain up to 15

percent of such sum to cover administrative costs and expenses

incurred pursuant to s. 403.7225(6) and (8), Florida Statutes.

SSection 28. Section 403.723, Florida Statutes, is

amended to read

S403.723 Siting of hazardous waste facilities.--It is

the intent of the Legislature to facilitate siting of proper

hazardous waste storage facilities in each region and any

additional storage, treatment, or disposal facilities as

required. The Legislature recognizes the need for

facilitating disposal of waste produced by small generators,

reducing the volume of wastes generated in the state, reducing

the toxicity of wastes generated in the state, and providing

treatment and disposal facilities in the state.

(1) Each county shall complete a hazardous waste

management assessment and designate areas within the county at
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ENROLLED

1983 Legislature HB 47-8, 2nd Engrossed


which a hazardous waste storage facility could be constructed

to meet a demonstrated need.

(2) After each county designates areas for storage

facilities, each regional planning council shall designate one

or more sites at which a regional hazardous waste storage or

treatment facility could be constructed.

U f)& The department, within 30 days of receipt of a

complete application for a hazardous waste facility

construction or modification permit, shall notify each unit of

local government within 3 miles of the proposed facility that

a permit application has been received and shall publish

notice, in a newspaper of general circulation in the area of

the proposed facility, that a complete permit application has

been received.

1(41f) Upon request by a person who has applied for a

hazardous waste facility permit from the department, the local

government having jurisdiction over the proposed site shall,

within 90 days of such request, determine whether or not the

proposed site is consistent and in compliance with adopted

local government comprehensive plans, local, land use

ordinances, local zoning ordinances or regulations, and other

local ordinances in effect at. the time a hazardous waste

facility construction or modification permit application is

made or is an area or site designated for the purpose of such

facility according to this act.

(51t If the local government determines within 90

days of the request that construction or modification of the

facility does not comply with such plans, ordinances, or

regulations, or area or site designations pursuant to this

act. the person requesting the determination may request a


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1983 Legislature


HB 47-B, 2nd Engrossed


variance from such plans, ordinances, er regulations, or

designations.

J61f4) If the variance requested by the applicant is

denied by local government or if there is no determination

made by local government pursuant to subsection (4LA) within

90 days of the request, or if there is no action on the

variance requested by the applicant within 90 days of the

request for the variance, the person requesting such

determination or variance may petition the Governor and

Cabinet for a variance from the local ordinances, assessments.

regulations, er plans, or area and site designationsT but enly

if the epplaeable regtenem planning essne&& by a vete *f a

maejrity ef the members presentT hee previesly reeommended a

veroanee frem any leeai edfianeeesT regulatteynT er plans that

prehib t the e4tang e4 the hasardeus west afeet4ty.

L7)Uf The Governor and Cabinet shall grant the A

regt*nal planning eesneti may resemmend a variance from any

local ordinances, assessments, area and site designations.

regulations, or plans only if a hazardous waste permit has

been issued by the department and it the Governor and Cabinet

find the regiene planning seenea L finds, based upon competent

substantial evidence that clearly and convincingly

establishes, that the facility& '..'

S(a) Will not have a significant adverse impact on the

environment, including ground and surface water and natural

resources, of the region and,

(b) Will not have a significant adverse impact on the

economy of the region.

fe Beess net pose a esgnifisant danger et the pubMe

in the reegie due to transportation ef hssardaes waste tee e

frem the faeefltyr
42

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ENROLLED

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HB 47-8, 2nd Engrossed


ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


d) gemp4ie with adopted *eeal and state reaeuve*

resevery and management pegeeame,

$i6 Only if the regional planning eeuneai reeemmende a

yawiasne freom leea erdtnneeeT reglautieneT or plane oe if

the regional planning eeunei dese net take any action within

90 daye *f the request foe eueh rSeeamendaM4eneT may the

person requesting the renommendteMon for vaeranee petition the

envernoe and Geabnet fer a vrasnee from the teost etrdunneeeT

regaulatenut or plane in quaetienl

81} 7 The Governor and Cabinet shall also consider

the record of the proceeding before the local government, the

following when determining whether to grant a pettiton for a

variance from local ordinances, regulations, or plans.

(fa kth reseed f Uthe preeeding before the regional

plenniun eeenei '
(bf Such setdiea reepertat and infeematein as the

Goverenr and Sebtnet may request of the deparVmentr addressing

the feasetbifiy of alternative method e eraget treatment

or diespeea of th hasaedeae waest to be handled at the

proposed faelity*r the need for the haeardeue waste feeility

based on the amount ef haseeder waste being predueed in thie

state th aveilbilit y of pessible uiteable teeatiene fer the

haeardeus waste faeeitty elsewhere ti thls etater and the

eeenem*ee of tranepeortng the haserdeoa waste to be disposed

er staeedr er treeted at the proposed er entitrng facility te

alternative eMintlng fae* it*e in or out eo this state

f6 (e Bh studieeT reporter end information a the

Severner and cabinet may raques ef the Department of Veteran

and emmunity Affaire addressing whether or net the faetiity

unreasonably interferee with the aeihtveaent ef the goals and

ebjeetives ef any adopted state or teeat eemprehensive plan
43

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and any other matter within its jurisdiettem The oeverner

and cabinet may grant a variance frem leesl erdinaneeas

regauatieney or plane eany if the permit has been issued by

the department and if they find that there is a alear and

eenvineing need for the faesilty. A eater and aenvnaieng need

fer a facility s eaetablished if the proposed method ef

stevager treatment or disposal ef the haseadeas waste te be

handled at the preopeed facility ia the mest feasible method

and if it seems probable that the proposed or entering

feeility will be mere advantageous eeenemieally to generators

et hazardous asate at the proposed site than at possible

alternative siteas The geverner and cabinet may atteek

eenditiaon and restrictions to any vaeianee granted pureuant

te thia subseetien-

J9)8*+ Regienal planning eauneile and The Governor and

Cabinet may adopt rules of procedure that govern these

proceedings.
Section 29. Small quantity generator notification

program.-- ..
(1) Bach county specified in a. 403.7225(10)(a), (b),

and (c) shall send a certified letter to each small quantity

generator, as defined pursuant to federal regulations in 40

C.f.R. part 261.5, on the January 1 preceding the date

specified in said paragraphs for completion of its hazardous

waste assessment. In addition, within 14 days after a county

completes its hazardous waste assessment, the county shall

send such certified letters to each small quantity generator

not notified on the preceding January 1. Thereafter each

county shall annually send such letters on July 1. The letter

shall


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ENROLLED

1983 Legislature


HB 47-B, 2nd Engrossed


(a) Detail the legal responsibilities of the small

quantity generator with regard to proper waste management

practices, including penalties for noncompliance.

(b) Include a list of hazardous waste management

alternatives which are available to the small quantity

generator.

(2) Within 30 days of receipt of the letter, each

mall quantity generator identified in the county assessment

shall disclose to the county government the types and quantity

of waste, as well as the mall quantity generator's management

practices. Annually, each county shall verify the management

practices of at least 20 percent of the small quantity

generators. The procedure for verification used by the county

shall be developed by rule by the department within 6 months

of the effective date of this act. The Department of

Environmental Regulation may also verify small quantity

generators' management practices in order to ensure proper

management of hazardous waste.

(1) Anysmall quantity generator who does not comply

with the requirements:of subsection (2) and has received two

subsequent certified letters from the county shall be subject

to a fine of between $25 And $100 per day for a maximum of 100

days.

Section 30. Local government information sent to the

department.--A summary of information gathered during each

county' hazardous waste assessment and from the small

quantity generator notification program shall be sent to the

Department of Envoronmental Regulation within 30 days of

completion.

Section 31. Subsection (18) of election 403.703,

florida Statutes, is amended to reads
45

CODtNGt Words in struck through type are deletions from existing
laws words underlined are additions.


403.703 Definitions.--As used in this act:

(18) "Closure" means the cessation of operation of a

resource recovery and management facility, and the act of

securing such a facility so that it will pose no significant

threat to human health or the environment.

Section 32. Subsection (16) of section 403.704,

florida Statutes, is amended to reads

403.704 Powers and duties of the department.--The

department shall have responsibility for the implementation

and enforcement of the provisions of this act. In addition to

other powers and duties, the department shall

(16) Adopt, repeal, or amend rules to implement,

administer, and enforce this act. Whenever the department

adopts any rule stricter or more stringent than one which has

been set by the United States Environmental Protection Agency.

the procedures set forth in a. 403.804(2) shall be followed.r

previdedy ne department rule sheao be mere stringent than

federal regueatiene premulgated pursuant to the Resouree

Genservatien and Resevery Aet of t197 Pub, &, Ne 94-6897 as

amended Heweverr the Envirenmentae Regeuatein eemmieesen

purseuant e- finding e< eempelling needy may adept by rule a

etietear standard than the federal regueatien Additieneally

upon a finding by the Bnvytenmental Regleatien Gesmissien that

a hasardeus waete net regulated. by the united States

SEnirenmental Preoteethe Ageney psees. an imminent haard to

the public heeathy eaeaty and welfare er te the environment?

the anvtrenmental Regulatien Gemmasesen may adept a rule

reguatIs T each haeardeus waster In either easer the eeverner

and cabinet shall review the rule and shal& aeeepty rejeetr er

modify the aruey or remand the rute foe further pre eedinger

within SO daye frem its submisisiee n n either ease7 eAeh
46

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ENROLLED

1983 Legislature HB 47-8, 2nd Engrossed


rules shall net be effective until final aetien by the

*everner and Gabineat The department shall not, however,

adopt hazardous waste rules for solid waste for which special

studies are required under the Resource Conservation and

Recovery Act, as amended, until the studies are completed by

the United States Environmental Protection Agency and the

information is available to the department for consideration

in adopting its own rule.
Section 33. Subsections (1) and (2) of section

403.707, Florida Statutes, 1982 Supplement, are amended, and

subsection (5) is added to said section, to read:
403.707 Permits.--

(1) After January 1 1975, no resource recovery and

management facility or site shall be operated, maintained,

constructed, expanded, er modified, or closed without an

appropriate and currently valid permit issued by the

department.

(2) Except as provided in a. 403.722(6). no permit

. under this section shall be required for the following

activities, provided no public nuisance or any condition

adversely affecting the environment or public health is

created, and provided the activity does not violate other

state or local laws, ordinances, rules, regulations, or

orders: ': 4', "

(a) Disposal by persons of solid waste resulting from
their own activities on their own property. However, the

department may by rule require any such person to file a

written notification to the department of the type of solid

waste being disposed of. the location of disposal, and methods

of solid waste management being performed.

(b) Normal farming operations.
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ENROLLED

1983 Legislature


1B 47-8, 2nd Engrossed


(c) Solid waste disposal areas limited solel to the

disposal of construction and demolition debris.

(5) The department shall not issue a construction

permit pursuant to this part for a new sanitary landfill

within 3.000 feet of Class I surface waters.
Section 34. Section 403.7261, Florida Statutes, is

created to reads

403.7261 Amnesty Days.--Amnesty Days are authorized by

the state for the purpose of purging small quantities of

hazardous waste, free of charge, from the possession of

homeowners, farmers, schools, state agencies and small

businesses. These entities have no appropriate economically

feasible mechanism for disposing of their hazardous waste at

the present time. In order to raise public awareness on this

issue, provide an education process, accommodate those

entities who have a need to dispose of snall quantities of

hazardous waste, and preserve the waters of the state. Amnesty

Days shall be carried out in the following manners
(1) The Department of Environmental Requlation shall

administer and supervise Amnesty Days. and shall contract with

a department approved, bonded, waste handling company for

implementation. The waste collected'from the entities named

in this section shall be transported out of the state for

proper disposal at a federally approved facility.
S(2) The department shall establish maximum amounts of

hazardous waste to be accepted from any one entity during

Amnesty Days. Amnesty Days shall continue, at no cost to

participants, until funds appropriated by the Legislature for

this purpose have been exhausted.
(3) The state shall have 6 Amnesty Days. The schedule

for these Amnesty Days shall be as follows:
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ENROLLED

1983 Legislature HB 47-8, 2nd Engrossed


(a) In counties specified in s. 403.7225(10)(a).

Amnesty Days shall be held between May 1, 1984 and June 30,

1984, and between November 1, 1984 and December 31. 1984.

(b) In counties specified in a. 403.7225(10)(b)l

Amnesty Days shall be held between May 1, 1985 and June 30.

1985, and between November 1, 1985 and December 31. 1985.
(c) In counties specified in a. 403.7225(10(c),

Amnesty Days shall be held between May 1. 1986 and June 30,

1986. and between November 1, 1986 and December 31. 1986.
(4) Amneaty Days shall be funded on a continuing basis

as needed from the Water Quality Assurance Trust Fund. The

department shall be authorized to use up to 5 percent of the

funds appropriated for Amnesty Days for administrative costs

and up to 5 percent of such funds for public education related

to Amnesty Days.
Section 35. Subsection (3) of section 403.727, Florida

Statutes, 1982 Supplement, is amended, subsection (4) is

renumbered and amended, and a new subsection (4) and

subsections (6) and (7) are added to said section, to read:
S 403.727 Violations defenses, penalties, and

remedies.-- .

(3) Violations of the provisions of this act shall be

punishable as followed

(a) Any person who violates the provisions of this

act, the rules or orders of the department, or the conditions

of a permit shall be liable to the state for any damages

specified in a. 403.141 and for a civil penalty of not more
than $50.000 r89900 for each day of continued violation,

except as otherwise provided herein. The department may
revoke any permit issued to the violator. In any action by

the department against a small hazardous waste generator for
49

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ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


the improper disposal of hazardous wastes, a rebuttable

presumption of improper disposal shall be created if the

generator was notified pursuant to section 24 of this act and

the generator shall then have the burden of proving that the

disposal was proper. If the generator was not so notified,

the burden of proving improper disposal shall be placed Upon

the department.
(b) Any person who knowingly.

1. Transports any hazardous waste listed pursuant to

this act to a facility which does not have a permit under s.

403.7221
S2. Disposes of, treats, or stores hazardous waste at

any place but a hazardous waste facility which has a current
and valid permit pursuant to a. 403.722; or
3. Makes any false statement or representation in any

hazardous waste application, label, manifest, record, report,
permit, or other document required by this act
*

hall, upon conviction, be guilty of a felony of the third

degree, punishable for the first such conviction by a fine of

not more than 450.000 for each day of violation or

Imprisonment not to exceed 5 years, or both, and for any
subsequent conviction by a fine of not more than $100,000 per
day of violation or imprisonment of not more than 10 years. or

both upen the firas eenvsetienr be eubfeet te a fine of net

mere than *8600 fee' eahe day ef v*e9iaien er to imprtiemenen

net te eneeed I year er betky Cndy upon any subsequent

eeonvseteny sahaL be esubeet to a fine ef net move then

*9$0908 per day ef veoatiew e r te -mprisenment fer net moer
then 8 yaresy r beth.


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ENROLLED

1983 Legislature HB 47-8, 2nd Engrossed


(4) In addition to any other liability under this

chapter, and subject only to the defenses set forth in

subsections (5), (6), and (7)s

(a) The owner and operator of a facility,

(b) Any person who at the time of disposal of any

hazardous substance owned or operated any facility at which

such hazardous substances were disposed of,
(c) Any person who, by contract, agreement, or

otherwise, arranged for disposal or treatment, or arranged

with a transporter for transport for disposal or treatment, of

hazardous substances owned or possessed by such person or by

any other party or entity, at any facility owned or operated

by another party or entity and containing such hazardous

substances nd

(d) Any person who accepts or accepted any hazardous

substances for transport to.disposal or treatment facilities

or sites selected by such person,


shall be liable for all costs of removal or remedial action

incurred by the department under this section and damages for

injury to, destruction of, or loss of natural resources,

including the reasonable costs of assessing such injury,

destruction, or loss resulting from the release or threatened

release of a hazardous substance as defined in the

Comprehensive Environmental Response Compensation and

Liability Act of 1980. Pub. L. No. 95-510.
(Sf4 The following defenses shall be available to a

person alleged to be in violation of this act, who shall plead

and prove that the alleged violation was solely the result of

any of the following or combination of the following:
(a) An act of war.
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ENROLLED

1983 Legislature


HB 47-B, 2nd Engrossed


(b) An act of government, either state, federal, or

local, unless the person claiming the defense is a

governmental body, in which case this defense is available

only by acts of other governmental bodies.
(e) An act of God, which means only an unforeseeable

act exclusively occasioned by the violence of nature without

the interference of any human agency.
(d) An act or omission of a third party other than an

employee or agent of the defendant or other than one whose act

or omission occurs in connection with a contractual

relationship existing, directly or indirectly, with the

defendant, except when the sole contractual arrangement arises

from a published tariff and acceptance for carriage by a

common carrier by rail, if the defendant establishes by a

preponderance of the evidence that's
1. The defendant exercised due care with respect to

the hazardous waste concerned, taking into consideration the

characteristics of such hazardous vwste, in light of all

Relevant facts and circumstances; and
he defendant took precautions against foreseeable

Sacts or omissions of any such third party and against the

consequences that could foreseeable result from such acts or

omissions.
(6) A generator or transporter of hazardous wastes who

has complied with this act and with the applicable rules

promulgated under this act, and who has contracted for the

disposal of hazardous wastes with a licensed hazardous waste

disposal or processing facility is relieved from liability for

those wastes upon receipt of a certificate of disposal from

the disposal or processing facility.


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HB 47-B, 2nd Engrossed


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1983 Legislature


HB 47-B, 2nd Engrossed


(7) A generator of hazardous waste who has complied

with this act and with the applicable rules under this act.

and who has contracted for the transportation of hazardous

waste to a licensed hazardous waste facility is relieved of

liability to the extent that such liability is covered by the

transporter's insurance or bond obtained pursuant to this act.

Section 36. Section 501.082, Florida Statutes, is

created to reads

501.082 Management of hazardous substances by

governmental agencies.--

(1) All local, state and other governmental agencies

and institutions of the State University System that utilize

hazardous substances or that generate hazardous waste shall:

(a) Notify the Department of Environmental Regulation

of the types and annual quantities of each hazardous material.

substance or waste that is used or generated.

(b) Notify the department of the management practice


used for unwar useraman or vastese sucausans armupermannour


storage. treatment and disposal.

(2) Each such agency shall develop written plans for

the management of hazardous materials, substances or wastes in

conjunction with guidelines developed by the department.

(3) Each such agency shall develop plans for spill

prevention control and countermeasures for hazardous materials

incidents..
Section 37. Siting of a multipurpose hazardous waste

facility by the state.--

(1) The Legislature recognizes the need for a

multipurpose facility in the state in order to properly manage

Florida's hazardous waste. For the purposes of this section,

a "multipurpose hazardous waste facility" means a hazardous
53

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law; words underlined are additions.


waste management facility which stores or treats hazardous

waste. Therefore, the following procedure shall be used to

provide a coordinated effort to site this facility in order to

protect the public health, safety, and welfare.

(2) Within 12 months after the effective date of this

act, the Department of Environmental Regulation shall develop

and adopt, pursuant to the provisions of chapter 120, Florida

Statutes, criteria for the siting of a multipurpose hazardous

waste facility in the state. Such criteria shall be designed

to prevent any significant adverse transportation, land use,

and economic impacts resulting from the location or operation

of this hazardous waste facility and shall be based on the

identified needs in the state. The department shall also

develop a list of potential state hazardous waste facility

sites. The department shall seek information from interested

persons, including the waste management industry, in order to

properly develop and adopt the criteria.

(3r Upon development of siting criteria and a site

list by the department as described in subsection (2), such

criteria shall be sent to known qualified hazardous waste

facility owners or operators in the nation with an inquiry

relative to their-interest in operating a multipurpose

facility in the state. Those interested parties shall be

requested to participate by selecting sites on which they

would propose to locate and operate a facility in the state,

and submitting those sites to the department for

consideration.

(4) As expeditiously as possible, the Environmental

Regulation Commission shall adopt, pursuant to the provisions

of chapter 120, Florida Statutes, a site designation for a

multipurpose hazardous waste facility in accordance with the
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----' '--


_- --_-L-L










ENROLLED

1983 Legislature IB 47-B, 2nd Engrossed


siting criteria developed pursuant to subsections (2) and (3).

Preference shall be given by the commission to publicly owned

land which meets the criteria established pursuant to

subsections (2) and (3).

(5) It is the intent of the Legislature that contracts

for the necessary construction and operation of the hazardous

waste facility shall be entered into expeditiously.

(6) The commission shall select a contractor to build

and operate the facility. Within 6 months of this selection,

such contractor shall file an application with the department

pursuant to s. 403.722, Florida Statutes. If the contractor

ia denied a permit by the department, the commission, by a

majority vote of the quorum present shall select another

contractor within 30 days of the denial. This process shall

continue until a contractor is granted a permit by the

department for the construction and operation of a

multipurpose hazardous waste facility.
( 7) If a contractor is granted a permit for the

construction and operation of a multipurpose hazardous waste

Facility, such contractor may. begin construction immediately.
.(8) In order to pay the coat for the construction of a

multipurpose hazardous vaste facility, state bonds may be
issued pursuant to s. 403.1834, Florida Statutes.
Section 38. Prohibition of hazardous waste

landfills.- ;
S(1) As used in this section, "hazardous waste

landfill means a disposal facility or part of a facility at

which hazardous waste is placed in or on land, including an

injection well, and which is not a land treatment facility.
(2) The Legislature declares that, due to the

permeability of the soil and high water table in Florida,
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ENROLLED

1983 Legislature


HB 47-8, 2nd Engrossed


future hazardous vaste landfills shall be prohibited.

Therefore, the Department of Environmental Regulation shall

not issue a permit pursuant to e. 403.722, Florida Statutes,

for a newly constructed hazardous waste landfill. However, if

by executive order the Governor declares a hazardous waste

management emergency, the department may issue a permit for a
temporary hazardous waste landfill. Any such landfill shall

be used only until such time as an appropriate alternative

disposal method can be derived and implemented. In no event

shall such a permit be issued for a period exceeding 6 months

without a further declaration from the Governor.

section 39. Section 768.1315, Florida Statutes, is

created to read .. .:. ,

768.1315 Hazardous spills; Good Samaritan; Immunity

from liability.-

(1) For the purpose of this sections

(a) "Spill" shall include the accidental spilling,

leaking, pumping pouring, emitting, or dumping of hazardous

wastes or materials, which creates an emergency hazardous

situation or is expected to create an emergency hazardous
situation. *'. *

(bY "Razardous materials' shall include all materials

and substances which are now designated or defined as
hazardous by Florida or federaL law or by the rules or

regulations of Floride or any Federal Government agency.

(c) "Emergency hazardous situation" exists whenever
there is an imminent and substantial threat to public health

and safety.

(2) Notwithstanding any provision of the law to the

contrary, no person who provides good faith assistance or


advice in imediat r assempung me


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4 a










ENROLLED

1983 Legislature HB 47-B, 2nd Engrossed


contain, treat, or prevent an actual or threatened spill shall

be subject to civil liabilities or penalties of any type.

Except for the immediate response to the spill or threatened

spill, all activities to prevent, contain, cleanup, and

dispose of, or to attempt to prevent, contain, clean up, and

dispose of, the hazardous materials shall be in accordance

with applicable state and federal law.
(3) The immunities provided In subsection (2) shall

not apply to any person
(a) Whose act or omission causes in whole or in part

such actual or threatened discharge and who would otherwise be

liable therefore or

(b) Who receives compensation other than reimbursement

for out-of-pocket expenses for services in rendering such

assistance or advice; or

(9) Who falls to act as an ordinary reasonably prudent

person would have acted under the same or similar

circumstances or
(d) Who fails to comply with the lawful instruction of

an on-scene, governmentally supervised. operational emergency

response team whose duty is to prevent, contain or clean up

the spill. ,

4: ) 4 Nothing in subsection (2) shall be construed to

Limit or otherwise affect the liability oft
(a) Any person for damages resulting from such

person's gross negligence, or from such person's reckless,

wanton, or intentional misconduct; or
(b) Any person for the improper management of the

hazardous waste or material after the emergency spill response

activities are completed.


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Section 40. Section 403.729, Florida Statutes, as

created by chapter 80-302, Laws of Florida, is hereby

repealed.

Section 41. Subsection (22) is added to section

215.22, Florida Statutes, to read:

215.22 Certain moneys and certain trust funds

enumerated.--The following described moneys and trust funds,

by whatever name designated, shall be those from which the

deductions authorized by s. 215.20 shall be made

(22) All revenues deposited in the Water Quality

Assurance Trust fund created pursuant to s. 376.60.


The enumeration of the above moneys or trust funds shall not

prohibit the applicability thereto of a. 215.24 should the

Governor determine that for the reasons mentioned in e. 215.24

said money or trust fund should be exempt herefrom, as it is

the purpose of this law to exempt all trust funds from its

force and effect where, by the operation of this law, federal

matching funds or contributions to any trust fund would be

lost to the state. :
PART VII

a EMERGENCY RESPONSE PROGRAM
S. section 42. Section 403.1655, Florida Statutes, is

created to read
.403.1655 Environmental Short-Term Emergency Response

Program.- .
(1) It is the purpose of this section to provide a

michanism through which the State of Florida couldimediately

respond to short-term emergencies involving a threat to or an

actual contamination of surface and groundwater. It is the

intent of the Legislature that the department provide not only
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technical assistance when responding to these short-term


emergencies, but also financial resources to respond to

emergencies which pose an immediate environmental or public

health threat.

(2) The department shall be the lead agency for

interdepartmental coordination relating to water pollution,

toxic substances and hazardous waste. and other environmental

and health emergencies not specifically designated within

other statutes.

(3) The Water quality Assurance Trust Fund shall be

utilized to enable the department to respond on an emergency

basis to incidents which threaten the environment or public

health when otherwise responsible parties do not adequately

respond. The department shall adopt rules for the purposes of

this section.
PART VIII

ONSITE SEWAGE DISPOSAL

Section 43. Section 381.272, Florida Statutes, 1982

Supplement, is amended to reader

(Substantial rewording of section. See

s. 381.272, F.S.. 1982 Supp.. for present text.)

381.272 Onsite sevage disposal systems; installations;

conditions.--

(1) The Legislature declares that it is the policy of

this state to require that all onsite sewage disposal systems,

except approved onsite graywater systems, developed under the

provisions of this act connect to a publicly owned or

investor-owned sewerage system within 365 days after

notification that such a system is available. Where a

publicly owned or investor-owned sewerage system is not

available, the Department of Health and Rehabilitative
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Services may issue permits for the construction or

installation of onsite sewage disposal systems under

conditions as described in this section. Provision shall be

made, such as the inclusion of sewer utility easements and

rights-of-way in a subdivision, to assure the eventual

construction and utilization of a sewerage system in said

subdivision. The developer of any lot that is developed under

the provisions of this section shall provide advance notice of

this requirement to the purchaser of such lot.

(2) Subdivisions and lots where each lot has a minimum

area of at least one-half acre and either a minimum dimension

of 100 feet or a mean of at least 100 feet of the side

bordering the street and the distance formed by a line

parallel to the side bordering the street drawn between the

two most distant points of the remainder of the lot may be

developed with a private potable well and onsite sewage

disposal system, provided the projected daily domestic sewage

flow does not exceed an average of 1,500 gallons per acre per

day, and provided satisfactory drinking water can be obtained
and all distance and setback, isol. condition, water table

elevation, and other related requirements of this section and

rules promulgated hereunder can be met.

(3) Subdivisions and. lots with a public water system

may utilize onsite sewage disposal systems, provided there are

no more than four lots per acre, provided the projected daily

domestic sewage flow does not exceed an average of 2,500

gallons per acre per day, and provided that all distance and

setback, soil condition, water table elevation, and other

related requirements which are generally applicable to the use

of onsite sewage disposal systems are met.


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(4) Notwithstanding the provisions of subsections (2)

and (3), where a developer or other appropriate entity has

previously made or makes provisions, including financial

assurances or other commitments, acceptable to the Department

of Health and Rehabilitative Services, that a central water

system will be installed by a regulated public utility based

on a density formula, then private potable wells may be used

on a temporary basis with onsite sewage disposal systems until

the agreed upon densities are reached. In subdivisions

regulated by this subsection, the average daily domestic

sewage flow shall not exceed 2,500 gallons per acre per day.

This section shall not affect the validity of existing prior

agreements.

(5) Subsections (2) and (3) shall not apply to areas

where a municipally owned or investor-owned public sewerage

system is available contiguous to the proposed subdivision or

within one-fourth mile thereof with public right-of-way

accessibility.

(6) Onsite sewage disposal systems shall be placed no

closer than the minimum distances indicated for the following:

(a) Seventy-five feet from a private potable well.

(b) Two hundred feet from a public potable well.

(c) Seventy-five feet from surface waters.

(7) All provisions of this section and rules

promulgated hereunder relating to soil condition, water table

elevation, distance, and other setback requirements shall be

equally applied to all lots regardless of the date of

platting. However, lots platted prior to 1972 shall be

subject to a 50 foot minimum surface water setback and shall

not be subject to lot size requirements. The projected daily


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flow for domestic on site sewage disposal systems for lots

platted before 1972 shall not exceed;

(a) 2,500 gallons per acre per day for lots served by

public water systems.

(b) 1,500 gallons per acre per day for lots served by

private wells.

(8) The Department of Health and Rehabilitative

Services may grant variances in hardship cases which may be

less restrictive than the provisions specified in this

section. No variance shall be granted pursuant to this

section until the Department of Health and Rehabilitative

Services is satisfied that:

(a) The hardship was not caused intentionally by the

action of the applicant;

(b) No reasonable alternative exists for the treatment

of the sewage; and

(c) Discharge from the individual sewage disposal

system will not adversely affect the health of the applicant

or other members of the public or significantly degrade the

ground or surface waters. Where soil conditions, water table

elevation, and setback provisions are determined by the

department to be satisfactory, special consideration shall be

given to those lots platted prior to 1972. The department

shall appoint an advisory review variance board which shall

meet monthly to recommend agency action on. variance requests.

The board shall be comprised of the following:

1. A representative from the Department of Health and

Rehabilitative Services' Health Program Office.

2. A representative from the county health units.

3. A representative from the home building industry.

4. A representative from the septic tank industry.
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5. A representative from the Department of

Environmental Regulation.


Review group members shall be appointed for a period of 3

years with such appointments being staggered so that no more

than two members' terms expire on any one year.

(9) Organic chemical solvents shall not be advertised,

sold, or used in the state for the purpose of degraesing or

declogging onsite sewage disposal systems.

(10) No permit shall be issued for an onaite sewage

disposal system in areas zoned for industrial or manufacturing

use, or its equivalent, where possible use is to dispose of

toxic or hazardous chemicals. Where business enterprises

currently use onsite sewage disposal systems to dispose of

toxic or hazardous chemicals, alternative disposal systems

shall be used within 3 years of the enactment of this act.

(11)(a) As used in this subsection:

.' "Blackwater" means all residential waste carried

off by toilet and kitchen drains and sewers.
.~. '"O ywater'* ans all residential waste not

described in subparagraph 1. and includes bath, lavatory, sink

(but not kitchen sink), and laundry wastes.

S '. "Individual graywater disposal system" means a

system of piping, a tank or treatment device, and a subsurface

absorption bed or drainfield for handling and treating

graywater where blackwater is treated by a central sewerage

system. .
(b) The Department of Health and Rehabilitative

Services is authorized to approve on a limited and

experimental basis the installation of individual graywater

disposal systems.
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(c) The general requirements of chapter 10D-6, Florida

Administrative Code, governing the installation of individual

sewage disposal facilities, shall apply for installation of

individual graywater disposal systems except for the

following:

1. The required septic tank or interceptor shall not

be less than 250 gallons in capacity.

2. The required drainfield or absorption bed shall not

be less than 100 square feet in area.

(12) With respect to the installation of experimental

onsite sewage disposal systems, the department is authorized

to issue a temporary permit, provided the permitholder

maintains such monitoring equipment and makes and files such

records and reports as the department deems necessary to

evaluate the effect of such systems on public health and

receiving waters. The department may issue permanent permits

when it is satisfied the systems do not pose a health hazard.

(13) for those parts of any florida county in which

more than 60 percent of the surface and subsurface soils

consist of Key Largo limestone and to those islands in the

state in which more than 60 percent of the surface and

subsurface soils consist of Miami limestone, the department

shall promulgate a special rule authorizing the installation

of onsite sewage treatment systems which take into

consideration these unique soil conditions and which consider

water table elevations, densities and setback requirements.

Until such time as a rule to address the provisions of this

subsection is promulgated by the department, all department

rules regarding septic tanks as they now exist shall apply to

the areas described herein.


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C


Section 44. Section 381.273, Florida Statutes, is

created to reads

381.273 Fees.--The Department of Health and

Rehabilitative Services is authorized to collect fees for

services provided under this part. Notwithstanding the

provisions of a. 154.06, it is the intent of the Legislature

that total fees assessed under this part shall be in an amount

sufficient to meet the cost of carrying out the provisions of

this part.

(1) The fee schedule for fiscal year 1983-1984 shall

be the following minimum fees provided in this section and

such schedule shall remain in effect until the effective date

of a fee schedule promulgated by rule by the Department of

Health and Rehabilitative Services:

(a) Permitting, including plan reviews, issuance of

permits, and final inspection of new system -- a fee of not

less than $30, nor more than $50.

(b) Site evaluation -- a fee of not less than $20. nor

more than $40.

(c) Research -- an additional $3 fee shall be added to

each permit issued during fiscal years 1983-1988 to be used

for septic tank research to determine whether high density

installation of systems, installation of systems under certain

soil and water table conditions, and current methods of system

installation are polluting Florida's groundwater. The

research shall be supervised by the department.


The funds collected pursuant to paragraphs ta), Ib). and (c)

shall be deposited in a trust fund administered by the

Department of Health and Rehabilitative Services to be used

for the purposes stated herein.
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(2) Until January 1. 1991, an additional $7 fee for

each permit issued on or after the effective date of this act


to be used to fund the accelerated soil survey


for- the


state.

Section 45. The additional permit fee collected

pursuant to a. 381.273(2), Florida Statutes, shall be paid

quarterly to the Department of Professional Regulation to be

deposited in the Profesaional Regulation Trust Fund to the

credit of the Construction Industry Licensing Board to

reimburse such board quarterly for the moneys appropriated

from the Professional Regulation Trust Fund to the Department

of Agriculture and Consumer Services pursuant to the 1983

General Appropriations Act.

Section 46. Sections 43, 44, and 45 of this act are

repealed on October 1, 1993, and shall be reviewed by the

Legislature pursuant to s. 11.61, Florida Statutes.

.'P. P.ART IX

SEWAGE TREATMENT

Section 47. Section 403.1821, Florida Statutes, is

amended to reads "

403.1821 Water pollution control and sewage

treatment.-Sections 403.1821-403.1832 4016488 shall be known

and cited as the "Florida Water Pollution Control and Sewage

Treatment Plant Grant Act et 1979."

Section 48. Section 403.1822, Florida Statutes, is

amended to reads :

403.1822 Definitions for se. 403.1821-403.1832

409,348.--As used in as. 403.1821-403.1032 4930 ,8

(1) "Local governmentaL agencies" refers to any

municipality, county, district, or authority, or any agency

thereof, or a combination of two or more of the foregoing,
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1983 Legislature HB 47-B, 2nd Engrossed


acting jointly in connection with a an eligible project,

having jurisdiction over collection, transmission. treatment.

or disposal of sewage, industrial wastes, or other wastes.

(2) "Department" refers to the Department of

Environmental Regulation.

(3) "Grants," "grant," "state grants," or "state

grant" refer to disbursements from the State Water Pollution

Control Trust Fund pursuant to s. 403.1825.

(4) "Project" means all or part of a sewage treatment

or disposal facility, or other cost-effective alternative, and

may include the construction or reconstruction of existing

sewage collection or transmission lines.
Section 49. Section 403.1823, Florida Statutes, is

amended to read
403.1823 Department of Environmental Regulation to

administer; develop rules and regulations.--The department

shalls

(1) Promulgate rules and regulations to carry out the

purposes of as. 403.1821-403.1832 40arSa.8.

(2) Administer and control all funds appropriated to

or received by the department for the purposes of as.

403.1821-403.1632 409,83a3.
Section 50. Section 403.1824, Florida Statutes, is

amended to read:
403.1824 Establish fund.--A trust fund to be known as

the State Water Pollution Control Trust Fund is established in

the State Treasury to be used for state grants to local

governmental agencies for the construction or reconstruction

of sewage collection, transmission, treatment or disposal

facilities or cost-effective alternatives. All funds received

by the department to carry out the purposes of ss. 403.1821-
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RB 47-B, 2nd Engrossed


403.1832 409.98,9 shall be deposited in this fundiprovided,

however, that at least 45 percent of the funds received by the

department and deposited in this fund shall be transferred to

the Small Community Sewer Construction Assistance Trust Fund.

The department may expend up to 2 percent of the State Water

Pollution Control Trust Fund to cover the costs of reviewing

and acting upon grant applications by a local governmental

agency and the cost of surveillance and other field services

associated with the application.
Section 51. Section 403.1826, florida Statutes, is

amended to reads

403.1826 Grants, requirements for eligibility.--

(1) Grants shall be. ade under ss. 403.1821-403.1832

4091rt98 enly for projects eligible for federal grants under

Pubt&e Law 84-660r as emendedy or ether appt6eable federal

law. as provided in rules of the department. Only those

projects to be constructed after the effective date of this


act shall be eligi t.


(2) No grant shall be made for any project sewage

treatment aee6&4ty unless such project fee4tty and the plans

and specifications therefore are approved by the department,

and suek faee@i6y 6. eenesrusted in aeeeedanee with a time

esheduee ef the department and subject to such requirements

as the department shall impose. The costs for advanced waste

treatment facilities, or portions thereof, required for

discharge to surface waters or groundwater protection or

protection of public health shall be eligible for funding. 4i

the department required that the feellIty be approved by the

Fedeera Water iuea06y Admlns1etatleny sueh grant sheal be

eendltiened upen the leeaL governmental aeeney eemplyane with




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ENROLED


gnet-..a UoS oun. lE i Unc auing,. PUT not Li.mieTa o. servVca
charges and connection fees and shall reflect the amortized

capital investment in existing facilities as well as the cost

of the facility for which the grant is sought.

(7) No grant shall be made unless the local

governmental agency has filed properly executed forms and

applications prescribed by the department.
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1983 Legislature RB 47-B, 2nd Engrossed



all ef the requirements of said water pollution sentres

administration

(3) No grant shall be made until the local

governmental agency has available to it agreed to provide that

part of the total cost of the project faeeiity which is in

excess of the applicable grant state end federal grants.

(4) The department shall require local governmental

funds in the amount of 45 percent of eligible project costs as

determined by rules of the department. The department is

authorized to establish a maximum amount for a grant pursuant

to this act. The grant to eaeh leeal governmental agency

shall net eneeed aS percent of that portion of the preIoee

seee that is eligible fer a federal grant.

(5) Grants made under sn. 403.1821-403.1832 40818 l3

shall be paid to the local governmental agency as provided by

department rule in partial payments similar to the time

schedule that usch payments are provided to the leesa

governmental agency by the FederaI Water 9usality

Administratien.

(6) No grant shall be made unless the local

governmental agency assures the department of the proper and

efficient operation and maintenance of the project sewage

treatment faeility after construction. Revenue sufficient to

ensure that the facility will be self-supporting shall be


(8) Any local government agency receiving assistance

under as. 403.1821-403.1832 49031801 shall keep such records

as the department shall prescribe, including records which

fully disclose the amount and disposition by the recipient of

the proceeds of such assistance, the total cost of the project

or undertaking in connection with such assistance given or

used, the amount of that portion of the cost of the project or

undertaking supplied by other sources, and such other records

as will facilitate an effective audit. The department and the

Auditor General or any of their duly authorized

representatives shall have access, for the purpose of audit

and examination, to any books, documents, papers, and records

of the recipient that are pertinent to grants received under

as. 40.8403.1 3.1832 -40oj riss.

(9) Any project satisfactorily planned and designed in

accordance with the United States Environmental Protection

Agency requirements shall be eligible for funding under this

act. Ufestive July Iy 1971y a grant shall net be made until

the loea governmental egeneyLe governing body has adopted end

submitted to the department a semprehense6e long-range plan

for the sentres ef water pollution in the area within its

uridrsieticft hereinafter referred te as the effieial plan,

iC mre then ene* eea governmental agency has authority to

provide service fer sewage treatment in the same area the

required plan may be submitted oeintly by the leeal

gevernmental egenies eoneerned er by one ltese government

agency with the eeneurrenee ef ththetherrs The effieasl plan

sheallr

fa( Provide for a timely eenetwuetien of sewage

treatment feeascties which will prevent the discharge ef


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--------~ I-I


.. ..-- L-- ...... .. __










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untreated or inadequately treated sewage er ether wastes as

defined by this chapter into the waters ef the state.

*bf Provide for adequate planning seninsg peputatien

preetietnes and engineering and eeenemte studies to delineate

with atl practiLable preiatoen these pertiens ef the area

which public ewerage systems may reasonably be expected to

serve within 10 years and within 30 years and any areas in

which the previsien of sueh service is net reasonably

foreseeabler

fec Be in eemplianee with the state pellutien esntrel

plan required by Pubtle Law 84-6508 as smendedr er ether

applicable federal awi
4d) Bet forth a time eshedule and proposed method ef

fineaning, eeneatretten and operation ef the water pollution

eentroe system,
f(e Be reviewed by the officiae planning agencies

having ariedictlen within the least governmental ageneyy and

by the regional planning ageneyT if anyr for sensisteney with

programs io planning fer the area and wegieny which reviews

ehal be transmitted to the department with the plam

Section 52. Section 403.1829, florida Statutes, is

amended to read

403.1829 funding of projects; priorities.--Eligible

projects shall be funded according to priorities in deseeendin

erder of their priority as established by the department rule.

Such priorities shall be established according to the extent

each project is intended to remove, mitigate, or prevent

adverse effects on surface or groundwater quality and public

health. Advanced waste treatment facilities or portions

thereof which are required for discharge to surface waters or

groundwater protection or protection of public health, which
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HB 47-8, 2nd Engrossed


are required by the department, and which are determined to be

ineligible for federal funding shall be eligible for

supplemental state funding under this act. until the State

Water Plleation Gentrel Fund is enhausaedr The prterity liet

as esetblsehed by the Department o Heealth and Rehebltitetive

Serveee as agent of the beard fre the fieeaL year beginning

July r 19597 se reatifed and senftSredr if finds available

for the teat preeeat so funded are lees than the ameant of the

greea to whish the prefeet is entitled the balance due en

sueh, grant shall be paid from reseept of the fund in the next

secseeding f4seal year before any other preaeete are so

funded.

Section 53. Section 403.1832, Florida Statutes, is

amended to read

403.1832 Department to accept federal aid.--The

department is designated as the administrative agency of the

state to apply for and accept any funds or other aid and to

cooperate and enter into contracts and agreements with the

federal government relating to the planning, design,

construction. operation, maintenance and enforcement

activities developing mainteainingy and enfereing of the

program to provide clean water and pollution abatement of the

waters of the state or to any other related purpose which the

Congress of the United States. has authorized or may authorize.

The department is authorized in the name of the state to make

such applications, sign such documents, give such assurances,

and do such other things as are necessary to obtain such aid

from or cooperate with the United States Government or any

agency thereof. The department may consent to enter into

contracts and agreements and cooperate with any other state

agency, local governmental agency, person, or other state when
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it is necessary to carry out the provisions of so. 403.1821-

403.1032 403.48a.

Section 54. Subsection (3) of section 403.804, Florida

Statutes, s amended to reads

403.804 Environmental Regulation Comission; powers

and duties.--

(3) The Commission shall establish priorities and have

final state approval on applications for, and disbursements

of, federal and state grants for the construction of waste-

water or water treatment works. In establishing priorities

for state grants under this act, an application shall not

receive a lower priority solely because the proposed project

includes reserve capacity for which the incremental costs will

be paid by the applicant in accordance with s. 403.1826(2).
Section 5SS. Sections 403.1836, 403.1837, and 403.1838,

Florida Statutes, are created to reads

403.1836 Sections 403.1836-403.1838 may be cited as

Sthe Small Community Sewer Construction Assistance Act.

403.1837 Small Community Sewer Construction Assistance

Trust Fund.-

S(1) There is established within the Department of

Environmental Regulation the Small Community Sewer

Construction Assistance Trust fund.

(2) The funds shall be used by the department to

assist mall communities with their needs for adequate sewer

facilities. "Sall community" means an incorporated

municipality with a population of 35.000 or less, according to

the latest decennial census.
403.1838 Grants to small communities.--

(1) The department may provide grants to small

communities. Grants shall be made from the Small Comunity
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Sewer Construction Assistance Trust Fund in accordance with

rules adopted by the Environmental Regulation Commission. No

grant shall exceed $3 million.

(2) The Environmental Regulation Commission shall

(a) Require a 45 percent nonstate match, except that

grants of less than $50.000 may be funded 100 percent by the

department, and the commission may waive all or a part of the

matching requirements
1. Where water quality standards have been exceeded by

an amount that constitutes an immediate health hazard, or
2. In communities where the gross per capital income is

below the state average. as determined by the U.S. Department

of Commerce. and where sewer systems have failed to meet

department standards.

(b) Require appropriate user charges and connection

fees sufficient to ensure the long-term operation and

maintenance of the facility to be constructed under any grant.

(c) Require compliance with all water quality

standards.
(d) Sstablish a system to determine eligibility and

relative priority for applications for grants by small

communities.

(e1 Require applications for grants to be submitted on

appropriate forms with appropriate supporting documentation,

require construction to be in accordance with plans approved

by the department, and require recordkeeping.
(f) Any project satisfactory planned and designed in

accordance with the United States Environmental Protection

Agency requirements shall be eligible for funding under this

act.


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1983 Legislature HB 47-8, 2nd Engrossed


Section 56. Sections 403.1827, 403.1828, 403.1830,

403.1831. and 403.1833, Florida Statutes, are hereby repealed.
Section 57. Subsection (23) is added to section

212.02, Florida Statutes, 1982 Supplement, as amended by

chapter 83-3, Lawv of florida, to reads
212.02 Definitions.--The following terms and phrases

when used in this chapter shall have the meaning ascribed to

them in this section, except where the context clearly

indicates a different meanings
(23) "Estimated tax liability" for any month equals

either 66 percent of the current month's liability pursuant to

Part I of this chapter as shown on the tax return or 66

percent of the tax reported on the tax return pursuant to Part

I of this chapter by a dealer for the taxable sales occurring

during the corresponding month of the preceding calendar year.

The department is empowered to establish the estimated tax

liability in cases where a dealer was not registered for sales

tax purposes during said month.
Section 58. Subsection (1) of section 212.11, Florida

Statute*, is amended to read
212.11 Tax returns and regulations.--

(1)(a)1. Any estimated tax liability of $1,650 or more

shall be due, payable, and remitted by the 20th of the month

for which said liability applies. The difference between the

estimated tax liability paid and the actual amount and taxes

due under this part for said month shall be come due and

payable by the first day of the following month and shall be

remitted by the 20th day thereof.
2. For any dealer who had a tax liability of less than

$2,500 for the corresponding month of the preceding year, the

current taxes levied pursuant to this part hereunder spen
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renteae adnmisieenae and sale ef tangible pereenal property

shall be due and payable monthly on the first day of the

following seeh month and shall be remitted by the 20th day

thereof.r and
(b for the purpose of ascertaining the amount of tax

payable under this chapter, it shall be the duty of all

dealers to make a return, on or before the 20th day of the

month, to the department, upon forms prepared end furnished by

it, showing the rentals, admissions, gross sales, or

purchases, as the case may be, arising from all leases,

rentals, admissions, sales, or purchases taxable under this

chapter during the preceding calender month.
j(c Rowever, the department may authorize a quarterly

return and payment when the tax remitted by the dealer for the

preceding quarter did not exceed $100 and may authorize a

semiannual return and payment when the tax remitted by the

dealer for the preceding 6 months did not exceed $200.
(d) The department shall accept returns as timely if

postmarked on.or before the 20th day of the month; if the 20th

day falls on a Saturday, Sunday, or federal or state legal

holiday, returns shall be accepted as timely if postmarked on

the next succeeding workday. Any dealer who operates two or

more places of business for which returns are required to be

filed with the department, and who maintains records for such

places of business In a central office or place, shall have

the privilege on each reporting date of filing a consolidated

return for all such places of business in lieu of separate

returns for each such place of business; however, such

consolidated returns must clearly indicate the amounts

collected within each county of the state. Each dealer shall


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file a return for each tax period even though no tax is due

for such period.

Section 59. Subsection (5) of section 212.12, Florida

Statutes, 1982 Supplement, as amended by chapter 81-178, Laws

of florida, is hereby repealed, and subsection (2) of said

section is amended, to reads

212.12 Dealer's credit for collecting tax; penalties

for noncompliance; powers of Department of Revenue in dealing

with delinquents; brackets applicable to taxable transactions;

records required.--

(2)(al When any person, firm, or corporation required

hereunder to make any return or to pay any tax Inposed by this

chapter fails to timely file such return or fails to pay the

tax due within the time required hereunder, in addition to all

other penalties provided herein and by the lawv of Florida in

respect to such taxes, a specific penalty shall be added to

the tax in the amount of 5 percent of any unpaid tax if the

failure Is for not more than 30 days, with an additional S

percent of any unpaid tax for each additional 30 days, or

fraction thereof; during the time which the failure continues,

not to exceed, however, a total penalty of 25 percent, in the

aggregate, of any unpaid tax. In no event shall the penalty

be less than 45 for failure to timely file a tax return

required by a. 212.11. In the case of a false or fraudulent

return or a willful intent to evade payment of any tax imposed

under this chapter, in addition to the other penalties

provided by law, the person making such false or fraudulent

return or willfully attempting to evade the payment of such a

tax shall be liable to a specific penalty of 50 percent of the

tax bill and for fine and punishment as provided by law for a

conviction of a misdemeanor of the second degree.
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(b) When any person, firm, or corporation fails to

timely remit the proper estimated payment required under s.

212.11. a specific penalty shall be added in an amount equal

to 5 percent of any unpaid estimated tax. Under no

circumstances shall this penalty be waived by the department.

However, other penalties and interests shall be due and

payable if the return on which the estimated payment was due

was not timely filed.
Section 60. (1) Funds appropriated to the Water

Pollution Control Trust fund pursuant to the 1983 General

Appropriations Act shall be deposited with the Treasurer to

the credit of the fund and shall be invested in such manner as

is provided for by statute. The principal on which interest

is earned shall not be used for distribution until allocations

for federal grants to local governments have been made

pursuant to Pub. L. No. 84-660, as amended, for federal fiscal

year 1985, or November 1984, whichever occurs first. The

amount of principal shall be used to provide supplemental

funding for the list of projects eligible for federal funding

pursuant to Pub. L. No. 84-660, as amended. Priority shall be

given to providing funding of projects on the state project

List developed pursuant to chapter 17-50, F.A.C., for federal

fiscal year 1985 before any other projects are considered for

funding from these funds, except for projects receiving funds

from the Small Community Sewer Construction Assistance Trust

Fund, which shall have a separate priority list approved by

the Environmental Regulation Commission.

(2) Interest earnings on the moneys in the Water

Pollution Control Trust fund until the principal is exhausted

shall be transferred to the Water Quality Assurance Trust Fund


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on a monthly basis, and may be used for such purposes as

prescribed by law.
PART X

ENVIRONMENTAL REORGANIZATION

Section 61. Section 403.802, Florida Statutes, is

amended to reads

403.802 Declaration of policy.--Reasserting the

policies pe4ley of the Governmental Reorganization Act of 1969

and the florida Environmental Reorganization Act of 1975 which

recognize as stated in v a9v09y that structural

reorganization should be a continuing process, and recognizing

that many 6 years have passed since the passage of said acts

1969 reerganieatien, it is the intent of the Legislature to

promote more the efficient, effective, and economical

operation of certain environmental agencies by transferring

decision-making authority to environmental district centers

and delegating to the water management districts water quality

related permitting functions eentraling authoerity ever end

pinpeLntLng reepoenibility ser the management e5t the

enviroement by eatheriaine the delegatien eo substantial

deeisienmaking autherity to the distr.et leveL end by

eenselidatfng eempat bte admia ietrativer plaennamn permittiCny

enfereementr and eperateinal astivitiee. Further, it is the

intent of this act to promote proper administration of

Florida's landmark environmental laws.

Section 62. Section 403.803, Florida Statutes, is

amended to read:

403.803 Definitions.--When used in this act the term,

phrase, or words

(1) "Comission" means the Environmental Regulation

Commission.
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(2) "Department" means the Department of Environmental

Regulation.

(3) "Headquarters" means the physical location of the

offices of the secretary and the division directors of the

department.

j(4)jf "Environmental district center" means the

facilities and personnel which are centralized in each

district for the purposes of carrying out the provisions of

this act.

(51~4L "District" or "environmental district" means

one of the geographical areas, the boundaries of which are

established pursuant to this act.

(69lt) "Manager" means the head of an environmental
district or branch office who shall supervise all

environmental functions of the department within such

environmental district or branch office.

S(7A*6 "Secretary" means the Secretary of the

Department of Environmental Regulation.

.(1t( "Branch office" aSubdestrets means a
geographical area, the boundaries of which may be established

as a part of a district.

91~ 1) "Channel* is a trench, the bottom of which is
normally covered entirely by water, with the upper edges of

its sides normally below water.

(lO1)t* "Canal" is a manmade trench, the bottom of

which is normally covered by water with the upper edges of its

sides normally above water.

iil()t"0 "Drainage ditch" or "irrigation ditch" is a

manmade trench dug for the purpose of draining water from the

land or for transporting water for use on the land and is not

built for navigational purposes.
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(12)) "Swale" is a manmade trench which:

(a) Has a top width-to-depth ratio of the cross-

section equal to or greater than 6:1. or side slopes equal to

or greater than 3 feet horizontal to 1 foot verticali

(b) Contains contiguous areas of standing or flowing

water only following a rainfall event

(c) Is planted with or has stabilized vegetation

suitable for soil stabilization, stormwater treatment, and

nutrient uptake; and

id) Is designed to take into account the soil

erodibility, soil percolation, slope, slope length, and

drainage area so as to prevent erosion and reduce pollutant

concentration of any discharge enly sentaine centiqe*es area

*o eteadlng er fIwevAn water fe&evwing the seuerrenee of

reanfaL& er fmAeding.

(13) 4*4 "Standard" means any rule of the Department

of Environmental Regulation relating to air and water quality,

noise, and solid-waste management. The term "standard" does

not include rules of the department which relate exclusively

to the internal management of the department, the procedural

processing of applications, the administration of rulemaking

or adjudicatory proceedings, the publication of notices, the

conduct of hearings, or other procedural matters.

Section 63. Section 403.805, Florida Statutes, is

amended to read*

403.805 Secretary; powers and duties.--The secretary

shall have the powers and duties of heads of departments set

forth in chapter 20, including the power to adopt rules under

chapters 403, 253, and 373, except that the Environmental

Regulation Comaission shall exercise the exclusive standard-

setting authority of the department pursuant to a. 403.804.
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The secretary shall employ legal counsel to represent the

department in matters affecting the department. Except for

appeals on permits specifically assigned by this act to the

Governor and Cabinet, and unless otherwise prohibited by law,

the secretary may delegate the authority assigned to the

department by this act to the assistant secretary, division

directors, and district and branch office sebdistrest

managers, and to the water management districts.
Section 64. Section 403.807, Florida Statutes, is

amended to read:

403.807 Division of Environmental Programs; powers and

duties.--

j(1 The Division of Environmental Programs shall

perform duties including, but not limited to:
(a) Processing construction grants for wastewater

treatment projects.

Mb) Coordinating water restoration programs.

(c) Coordinating the state public works program.

(d) Coordinating solid and hazardous waste management

programs.

(e) Developing water quality-based effluent

limitations. .

() Reviewing environmental impact statements.

(q) Coordinating the air pollution control program.

(h) Coordinating and overseeing department laboratory


functions.

(1) Coordinating the designation of outstanding

florida waters.
(2t In ner44i rmeulvred under chanters 253. 373


or


403, other than those for major air pollution sources. shall

be processed or issued by the Division of Environmental
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Program s admtnistrationT eeerdinatsenT and supervision ef

pregtrms relating to planeingr greater ai qualitYT weter

quealty end quantityT neteer and seLAd-weste management.

Section 65. Section 403.808. florida Statutes, is

amended to reads

403.808 Division of Environmental Permitting; powers

and duties.--The Division of Environmental Permitting shall

perform duties including, but not limited to, the followings
(1) Processing ef applications for powerplant or

transmission line site certifications pursuant to part IL

which applications shall be processed at headquarters.

(2) Processing applications for variances under e.

403.201.

L(3).a Processing eo these other classifications of

permits, licenses, and certificates which the secretary may

designate.

I(4ltf Establishing uniform procedures and forms for

the orderly determination of decisions relating to permits,

licenses, certificates, and exemptions.

"(Sf4 Providing the necessary technical and legal

support to carry out enforcement functions of the department.
"(6lt) Supervising and directing all district

operations.
Section 68. Subsection (29) is added to section

403.061, florida Statutes, 1982 Supplement, to reads
403.061 Department; powers and dutile.--The department

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 promulgated by it, and for

This purpose to:


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(29) Adopt by rule special criteria to protect Class

II shellfish harvesting waters. Rules previously adopted by

the department in section 17-4.28(8)(a). Florida

Administrative Code. are hereby ratified and determined to be

a valid exercise of delegated legislative authority and shall

remain in effect unless mended by the Environmental

Regulation Commission.
Section 67. Section 403.809, florida Statutes, is

amended to read:

403.809 Environmental districts; establishment;

managers; functions.--

(i) The secretary shall establish environmental

districts. The boundaries of the environmental districts

shall coincide with the boundaries of the water management

districts and a water management district may be divided into

more than one environmental district. The secretary shall

have the authority to adlust the environmental district

boundaries upon a determination that exceptional circumstances

require such adjustment in order to more properly serve the

needs of the public or the environment. whe environmental

dietrLete shall be eo*lleated with the water management

daetriet* et the maximum extent prastteabler Tho eeeretary

shall hvey the authority to adjuet the envYi6nmental district

beundariee to beet serve the purpesee e this eeta The

secretary may establish subdeitrie t with one branch offices

oeffle n meeah for the purpose of making services more

accessible to the citizens of each district. In the Suwannee

River Water Nanagement District, a branch office may serve as

the environmental district center. By July 1. 1984, the '

department shall collocate part of its permitting operations

with each of the central offices of the water management
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districts and the e


part of their permitting operations with each of the

department's district offices.

(2) There shall be a manager for each environmental

district who shall be appointed by, and serve at the pleasure

of, the secretary. The district manager shall maintain his

office in the environmental district center, which shall be

collocated with an the office of a water management district

te the maximum extent praetieeble. Each branch office shall

have a branch office manager who shall be appointed by and

serve at the pleasure of the secretary. The water management

districts are encouraged to collocate part of their permitting

operations with the department's branch offices to the maximum

extent practicable.

(3)(a) Under the supervision of the Division of

Environmental Permitting, all field services and inspections

required in support of the decisions of the department

relating to the issuance of permits, licenses, certificates,

or exemptions shall be accomplished at the environmental

district center level to the maximum extent practicable.

(b) The processing of all applications for permits,

licenses, certificates, and exemptions shall be accomplished

at the district center or the branch office, except for those

applications specifically assigned to the Division of

Environmental Permitting or to the water management districts

under a. 403.812 and those applications assigned by

interagency agreement as provided in this act, provided.

however, the secretary, as head of the department, may not

delegate to district or subdistrict managers, water management

districts, or any unit of local government, the authority to

act on the following types of permit applicationAs
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1. Certification of NPDES permits pursuant to Pub. L.

No. 92-500. Section 401;

2. Construction and operation of major air pollution

aourcesi

3. Certifications under the Power Plant Siting Act or

Transmission Line Siting Act.
Section 68. Section 403.812, Florida Statutes, is

amended to reads

403.812 Delegation of functions to water management


districts.--
ii a) fctobrh- i 1a98A the


department shall e


to those water management districts that it finds to be

financially and. technically capable of implementing the

delegation, its powers and duties pertaining to the

administration of the department's "Regulation of Stormnater

Rule." However, no later than October 1. 1984, the department

shall delegate such powers and duties to the South Florida

Water Management District and the Southwest florida Water

Management District.

(2) In addition to any function delegated under

subsection (1). when the secretary determines that a water

management district has the financial and technical capability

to carry out water quality and other functions of the

department, those powers, duties, and functions, or parts

thereof, may be contracted or delegated to such water

management district. Thie may ineatder but shali net be

&m6ted eto plamsingyr egu&eatien and permitting ef peint

seurees and lenpesin serneea of poelltion end ether 4eld

servisee~ Any powers, duties, and functions so delegated shall

be carried out in accordance with the rules, regulations, and

standards of the department and shal te*llw the unierm
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presedures and ferns established by the Divisien of

Envtrenmental Permitting. Nothing contained in this act shall

be construed to adversely affect or divest any water

management district of the power to levy ad valorem taxes.

(3) Delegations pursuant to this section may be

rescinded only if the secretary determines that such

delegations are not being carried out in accordance with the

rules of the department.
Section 69. Subsection (1) of section 403.813, Florida

Statutes, 1982 Supplement, is amended to read
403.813 Permits issued at district centers;

exceptions.--

(1) The secretary is authorized to adopt procedural

rules providing for a short-form application for, and issuance

at the district center of, permits for certain activities.

These activities shall include the following and any others

established by rules

(a), Projects not exceeding 10.000 4900 cubic yards of

material placed in or removed from the navigable waters of the

state, ., ',
(b) Dockage or marina facilities not exceeding 30.00

a92,0* square feet of submerged lands;
(c) New seawalle or similar structures hot exceeding

500 800 linear feet of shoreline;
(d) The installation of buoys, signs, fences, ski

ramps, and fish attractors by the Florida Game and fresh Water

Fish Comission;

(e) The installation of subaqueous transmission and

distribution lines laid on, or embedded in, the bottoms of

waters of the state carrying water, electricity, communication


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cables, oil, and gas, except as exempted by paragraph (m) or

paragraph (n) of subsection (2): and

(f) The performance, for 10 years from the issuance of

the original permit, of maintenance dredging of permitted

navigation channels, port harbors, turning basins, and harbor

berths. The Trustees of the Internal Improvement Trust Fund

may fix and recover from the permitted an amount equal to the

difference between the fair market value and the actual cost

of the maintenance dredging for material removed during such

maintenance dredging. However, no charge shall be exacted by

the state for material removed during such maintenance

dredging by a public port authority. The removing party may

subsequently sell such material. However, proceeds from such

sale that exceed the costs of maintenance dredging shall be

remitted to the state and deposited in the Internal

Improvement Trust Fund.
Section 70. Subsection (2) of section 373.016, Florida

Statutes, is amended to reads
373.016 Declaration of policy.--

S''i) The waters in the state are among its basic

resources. Such waters have not heretofore been conserved or

fully controlled so as to realize their full beneficial use.
(2) It is further declared to be the policy of the

Legislatures

(a) To provide for the management of water and related

land resources;

(b) To promote the conservation, development, and

proper utilization of surface and ground water;

(c) To develop and regulate dams, impoundments,

reservoirs, and other works and to provide water storage for

beneficial purposes;
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(d) To prevent damage from floods, soil erosion, and

excessive drainage;

(e) To preserve natural resources, fish and wildlife;

(fl To promote the public policy set forth in s.

403.021.

IPLftf To promote recreational development, protect
public lands, and assist in maintaining the navigability of

rivers and harbors and

.(hI Otherwise to promote the health, safety, and
general welfare of the people of this state.

(3) The Legislature recognizes that the water resource

problems of the state vary from region to region, both in

magnitude and complexity. It is therefore the intent of the

Legislature to vest in the Department of Environmental

Regulation or its successor agency the power and

responsibility to accomplish the conservation, protection,

management, and control of the waters of the state and with

sufficient flexibility and discretion to accomplish these ends

through delegation of appropriate powers to the various water

management diatricta. The department may exercise any power

herein authorized to be exercised by a water management

district; however, to the greatest extent practicable, such

power should be delegated to the governing board of a water

management district. '
Section 71. Section 373.106, florida Statutes, is

mended to reads
373.106 Permit required for construction involving

underground formation.-

(1) No construction may be begun on a project

involving artificial recharge or the intentional introduction

of water into any underground formation except as permitted in
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chapter 377, without the written permission of the governing

board of any water management district within which the

construction will take place. Such application hall contain

the detailed plans and specifications for the construction of

the project.
(2) Each water management district shall have the

exclusive authority to process and issue permits under this

section end permits and licenses delegated under a. 403.812.

except permits required by the department pursuant to 42

U.S.C.. a. 300(1) until delegated by the department to the

districts.

.3 (f) A water management district may do any act
necessary to replenish the ground water of said. district. The

district may, among other things, for the purposes of

replenishing -the ground water supplies within the districts

(a) Buy water;

(b) Exchange water;

S(c) Distribute water to persona in exchange for

Sceasing or reducing ground water extractions;
( (d) Spread', sink, and inject water into the

underground;'

N' '-:,.(9) Store, transport, recapture, reclaim, purify,
treat, or otherwise manage and control water for the

beneficial use of persona or property within the district; and
( f), Build the- necessary works to achieve ground water

replenishment.' ".. ,
Section 72.' Section 373.114. Florida Statutes, is

amended to reads

(Substantial rewording of section. See

s. 373.114. F.S.. for present text.)


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373.114 Land and Water Adjudicatory Commission; review

of district policies, rules, and orders.--

(1) Except as provided in subsection (2), the Governor

and Cabinet, sitting as the Land and Water Adjudicatory

Commission, shall have the exclusive authority to review any

order or rule of a water management district, other than rules

relating to internal procedures of the district, to insure

consistency with the provisions and purposes of this chapter.

(a) Such review may be initiated by the department or

by a party to the proceedings by filing a request for review

with the Land and Water Adjudicatory Commission and serving a

copy on the department and on any person named in the rule or

order, within 20 days after adoption of the rule or rendering

of the orderly provided, however, where the rule or order to be

reviewed has statewide or regional significance, as determined

by the Land and Water Adjudicatory Commission within 60 days

after receipt of a request for review, the commission may

accept a request for review from any affected person within 30

days after adoption of the rule or the rendering of the order.

(b) Review by the Land and Water Adjudicatory

Commission shall be appellate in nature and based on the

record below. The matter shall be heard by the commission not

more than 60 days after receipt of the request for review or

the commission's determination that the rule or order has

statewide or regional significance, whichever is later.

(C) If the Land and Water Adjudicatory Commission

determines that a rule or order is not consistent with the

provisions and purposes of this chapter, it may, in the case

of a rule, require the water management district to initiate

rulemaking proceedings to amend or repeal the rule, or in the

case of an order, rescind or modify the order or remand the
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proceeding to the water management district for further action

consistent with the order of the Land and Water Adjudicatory

Commission.

(d) Request for review under this section shall not be

a precondition to the seeking of judicial review pursuant to

a. 120.68 or the seeking of an administrative determination of

rule validity pursuant to s. 120.56.

(2) The department shall have the exclusive authority

to review rules of the water management districts, other than

rules relating to internal management of the districts, to

insure consistency with the state water policy as set forth in

the rules of the department. Within 30 days after adoption or

revision of any water management district rule, the department

shall initiate a review of such rule pursuant to this section.
(a) Within 30 days after adoption of a rule, any

affected person may request that a hearing be held before the

secretary of the department at which evidence and argument may

be presented relating to the consistency of the rule with

state water policy by filing a request for hearing with the
d e_. "* ." "* ..
department and serving a copy on the water management

district.

*.:.'. : *.( b)i rf the department determines that the rule is
inconsistent with the state water policy, it may order the

water management district to initiate rulemaking proceedings

to amend or repeal the rule.

i (cj An order of the department requiring amendment or

repeal of a rule may be appealed to the Land and Water

Adjudicatory Commission by the water management district or

any other, party to the proceeding before the secretary.
Section 73. Subsection (1) of section 373.116, Florida

Statutes, is amended to read;
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373.116 Procedure for water use and impoundment

construction permit applications.--

(1) Applications for water use permits, under part II

of this chapter, and for permits for construction or

alteration of dams, impoundments, reservoirs, and appurtenant

works, under part IV of this chapter, and for permits under a.

403.812. shall be filed with the water management district on

appropriate forms provided by the governing board.
Section 74. Subsection (6) of section 373.303, Florida

Statutes, is amended to read:

373.303 Definitions--As used in this part:

(6) "Well" means any excavation that is drilled,

cored, bored, washed, driven, dug, jetted, or otherwise

constructed when the intended use of such excavation is for

the location, acquisition, development, or artificial recharge

of groundwater, but such term does not include send point

wetls as herein defined or any well for the purpose of

obtaining or prospecting for oil, natural gas, minerals, or

products of mining or quarrying, for inserting media to

dispose of oil brines or to repressure oil-bearing or natural

gas-bearing formation, or for storing petroleum, natural gas,

or other products, or for temporary dewatering of subsurface

formations for mining, guarryina. or construction purposes.
S Section 75. Subsection (9) of section 373.303, Florida

Statutes, Is hereby repealed.

Section 76. Subsections (1) and (2) of section

373.308, Florida Statutes, are amended, subsection (3) is

renumbered as subsection (4), and a new subsection (3) is

added to said section, to reeds

373.308 Implementation of programs for regulating

water wells.--
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(1) The department shall may authorize the governing

board of a water management district to implement a program

for the issuance of permits for the location, construction,

repair, and abandonment of water wells.

(2) The department shall may authorize the governing

board of a water management district to exercise any power

authorized to be exercised by the department under as.

373.309, 373.313, 373.316, 373.319, 373.323, 373.326, 373.329,

and 373.333 and shall encourage the district to fully exercise

such powers as soon as practicable may wlthheod from

detegatean cush power as the department cheeses neot to

delegate.

(3) Delegations pursuant to subsections (1) and (2)

and as. 373.323 and 373.333 may be rescinded only if the

secretary determines that such delegations are not being

carried out in accordance with the rules of the department.

Section 77. Section 373.323, Florida Statutes, is

amended to read:

373.323 Licenses; driller and drilling equipment

registration.--

(1) LICENSES AUTHORIZD.--
f a Every person who wishes to engage in business as a

water well contractor shall obtain from the water management

district department a license to conduct such business.

(bta) The department may adopt and from time to time

amend rules and reulatione governing applications for water

well contractor licenses. The water management district

department shall license as a water well contractor any person

properly making application therefore who is an adult for all

legal purposes, has knowledge of rules and regulations adopted

under this part, and has had not less than 2 years' experience
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in the work for which he is applying for a license. The

department shall prepare an examination which each such

applicant must pass in order to qualify for such license.

fa Whis seeataen shalt net apply te any pereen whe

perleforms ber or services at the direetoen and under the

supervision of a licensed water well eentraetenr

(c}j4t A political subdivision engaged in well-

drilling shall be licensed under this part but shall be exempt

from paying the license fees for the drilling done by regular

employees of, and with equipment owned by, it.

td)fB) Licenses issued pursuant to this section are

not transferable and shall expire on July 1 of each year. A

license may be renewed without examination for an ensuing year

by making application not later than 30 days after the

expiration date and paying the applicable fee. Such

application shall have the effect of extending the validity of

the current license until a new license is received or the

applicant is notified by the department that it has refused to
renew hi* license. After July 31 of each year, a license will

be renewed only upon application and payment of the applicable

fee plu a penalty of $50.
', lt: ~ Whenever the department or water management

district determines that the holder of any license issued

pursuant to this section has violated any provision of this

part or any rule or regulation adopted pursuant thereto, the

department or water management district is authorized to

suspend or revoke any such license. Any order issued pursuant

to this subsection shall become effective 30 days after

service thereof unless a written petition requesting hearing

under the procedure provided in chapter 120 is filed sooner.


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(.LI)f No application for a license issued pursuant to
this section may be made within 1 year after revocation

thereof.

(q) No later than October 1. 1984, the department

shall delegate to the water management districts the powers

and duties relating to processing and issuing water well

contractor licenses. A license issued by any water management

district shall be valid anywhere in the state.
(2) DRILLER AND DRILLING EQUIPMENT REGISTRATION.--

(a) Every person who operates drilling equipment for

the purpose of constructing wells shall register with each

water management district in which construction activity takes

place. The governing board shall, as minimum conditions of

such registration, requires
1. Written recommendation from a licensed water well

contractor verifying status of the driller as an employee of

the contractor.
2. Demonstration of sufficient experience and

practical knowledge needed to operate drilling equipment of

the type to be. used in actual well construction.
3. Written examination as considered appropriate by

the board designed to verify the driller's knowledge of

commonly accepted drilling practices and applicable rules of

the district and department.

(b) It shall be the responsibility of each licensed

water well contractor to annually notify the governing board

of the district in which he resides or in which his principal

place of business is located of all registered drillers in his

employ. In addition, a licensed contractor shall notify the

board in a timely manner if a registered driller ceases to be

an employee.
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(c) The licensed water well contractor shall register

with the governing board each piece of drilling equipment he

owns, leases, or operates. Upon regqltration, the water well

contractor's license number shall be prominently displayed on

the equipment.

Section 76. Section 373.333, Florida Statutes, is

mended to read:

373.333 Enforcement.--

(1) Whenever the water management district department

has reasonable grounds for believing that there has been a

violation of this part or any rule or regulation adopted

pursuant thereto, it shall give written notice to the person

alleged to be in violation. Such notice shall identify the

provision of this part or regulation issued hereunder alleged

to be violated and the facts alleged to constitute such

violation.

(2) Such notice shall be served in the manner required

by law for the service of process upon persons in a civil

action and or by registered United States mail to the last

known address of the person. Notice alleging violations of

rules setting minimum standards for the location.

construction, repair, or abandonment of wells shall be

accompanied by an order of the department requiring described

remedial action which, if taken within the time specified in

such order, will effect compliance with the requirements of

this part and regulations issued hereunder. Such order shall

become final unless a request for hearing as provided in

chapter 120 is made within 30 days from the date of service of

such order.
PART XI

POLLUTANT SPILL PREVENTION AND CONTROL
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Section 79. Part I of chapter 376, Florida Statutee,

shall consist of sections 376.011, 376.021, 376.031, 376.041,

376.051, 376.06, 376.07, 376.09, 376.10, 376.11, 376.12,

376.13, 376.14, 376.15, 376.16, 376.165, 376.17, 376.16,

376.19, 376.20, 376.205, and 376.21, Florida Statutes, and a.

376.011, Florida Statutes, is amended to reads

376.011 Short title.--Part I of this This chapter

shall be known as the "Pollutant Spill Prevention end Control

Act."

Section 80. Subsection (7) of section 376.031, Florida

Statutes, ti amended to reads
376.031 Definitions.--When used in this chapter,

unless the context clearly requires otherwise:

(7) "Pollutants" shall include oil of any kind and in

any form, gasoline, pesticides, ammonia, chlorine, and

derivatives thereof, excluding liguified petroleum gas.

Section 81. Subsection (6) is added to section 376.051

to read:
376.051 Powers and duties of the department.--

S 6), Within 120 days of the effective date of this

subsection, the department shall adopt rules providing for the

coordination of the respective duties of the Department of

Environmental Regulation and the Department of Natural

Resources with respect to the implementation of part I of this

chapter. Such rules shall specifically establish procedures

that determine which of the two agency should respond in the

case of specific types of pollutant spill incidents, and

establish minimum criteria for response times. The rules

shall also specify criteria and procedures for the expenditure

of Coastal Protection Trust fund moneys for pollution


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incidents that require action by the Department of

Environmental Regulation.

Section 82. Paragraph (b) of subsection (3),

paragraphs (a) and (b) of subsection (4) and subsection (S) of

section 376.11, Florida Statutes, are amended to read:

376.11 Florida Coastal Protection Trust Fund.--

(3)

(b)l. Effective July 1, 1980, 50 percent of the

interest earned from investments of the fund when the balance

of the fund is greater than $30 $a3 million shall be used for

the acquisition of spoil disposal sites and improvements to

existing and future spoil sites for the ports of St.

Petersburg Bayboro Harbor, Jacksonville, Port Canaveral, Ft.

Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, Port

St. Joe, Tampa, Panama City, Pensacola, and other navigable

waters of the state. In the event that the balance of the

fund sl reduced to 30 $85 million or less, the interest

normally accruing to the priority acquisition and improvement

program for spoil disposal sites shall be discontinued until

the balance of the fund exceeds 130 (aS million. The

provisions of this subparagraph shall not apply if the Federal

Government preempts the authority to levy, collect, and use an

excise tax pursuant to this section or If the Governor and

Cabinet declare an emergency related to a major pollutant

hazard.

2. The Department of Natural Resources shall establish

a priority acquisition and improvement program for spoil

disposal sites, to be acquired using moneys from the Florida

Coastal Protection Trust Fund, based upon its recommendations

and the recommendations made by the ports and the Department

of Environmental Regulation. Such priority acquisition and
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improvement program shall take into consideration the existing

need of each port for spoil disposal sites, the frequency and

volume of maintenance dredging at each port, the movement of

petroleum and other pollutant hazards at each port, the

protection of recreational and environmental quality, and

whether the proposed site meets the permit requirements of

chapters 403 and 253.

3. The recipient port authority or appropriate

governmental entity shall contribute not less than 50 percent

of the cost of acquisition of a spoil disposal site. Such

contribution may include land owned or improvements to the

spoil disposal site. The department shall establish

procedures for the payment of funds and matching contributions

consistent with the provisions herein.

4. Any moneys received from the sale of dredged

materials deposited on a spoil disposal site acquired

hereundec or from the sale of an acquired spoil disposal site

shall be paid to the Florida Coastal Protection Trust Fund

Until the fund has been reimbursed for its participation in

the purchase of that site. Any: remaining funds shall be paid

to the contributing governmental entity until that entity is

reimbursed for its contribution. Any funds remaining

thereafter shall be paid to the Florida Coastal Protection

Trust fund.

(4)(ay There is hereby levied, to be collected from

and paid by each registrant, including facilities subject to

the excise tax levied by part II of this chapter, an excise

tax upon each registrant for the privilege of operating a

terminal facility and handling all pollutants covered by this

chapter, the amount of which is to be determined by the


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department as measured by the volume in barrels of liquid

pollutants transferred to or from the registrant.

(b) The excise tax shall be 2 cents per barrel

transferred until the balance in the fund equals or exceed*

$30 $S5 million. The fiscal year immediately following the

year in which the balance in the fund equals or exceeds VO3

$35 million, no excise tax shall be levied unless

1. The balance in the fund is less than or equal to

$25 3$8 million. The fiscal year immediately following the

year in which the balance in the fund is less than or equal to

$25 *$a million, the excise tax shall be and shall remain 2

cents per barrel transferred until the fund again equals or

exceeds 030 O86 million. The fiscal year immediately

following the year in which the fund again is equal to or

exceeds $30 $aS million, the excise tax and fund shall be

controlled as when the fund first was equal to or exceeded $30

$36 million.

2. There is a discharge of catastrophic proportions,

the results of which could significantly reduce the balance in

the fund. In the event of such a catastrophic occurrence, the

Governor and Cabinet as the heed. of the Department of Natural

Resources may, by rule, relevy the excise tax in an amount not

to exceed 10 cents per barrel for a period of time sufficient

to maintain the fund at a balance of $30 $85 million, after

payment of the costs and damages related to the catastrophic

discharge.

3. The fund is unable to pay any proven claims against

the fund at the end of the fiscal year. Notwithstanding any

other provision of this section, the fiscal year following the

year in which the fund is unable to pay any proven claims

against the fund at the end of the fiscal year, the excise tax
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shall be and shall remain S cents per barrel transferred until

all outstanding proven claims have been paid and the fund

again equals or exceeds $10 million. The fiscal year

immediately following the year in which the fund, after levy

of the S-cent excise tax, again is equal to or exceeds $10

million, the excise tax and fund shall be controlled in

accordance with subparagraph I., unless otherwise provided.

4. The Florida Coastal Protection Trust Fund has had

appropriated to it by the Legislature, but not yet repaid,

state funds from the General Revenue fund. In such event, the

excise tax shall continue in effect until all such funds are

repaid to the General Revenue Fund.
(5), Noneys in these lorida Coastal Protection Trust

fund shalL be disbursed for the following purposes and no

others:

tae Admin&etrat~ve expenses personnet enpenseee end

equipment eeets. of the depeetment elated e tohe enfereement

eo thie chapter subfeet eto e 3f6,tlO

l lb. All immediate costs involved in the abatement

of pollution related to the discharge of pollutants covered by

this chapter and the abatement of other potential pollution

hazards as authorized herein.

"bl(e) All costs and expenses of the cleanup and

rehabilitation of water fowl, wildlife, and all other natural

resources damaged by the discharge of pollutants, whether

performed or authorized by the department or any other state

or local agency.

(ct)4 All provable costs and damages which are the

proximate results of the discharge of pollutants covered by

this chapter.


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d1fe) The acquisition of spoil disposal sites and
improvements to existing and future spoil sites for the ports

of St. Petersburg Bayboro Harbor, Jacksonville, Port

Canaveral, Ft. Pierce, Palm Beach, Port Everglades, Miami,

Port Manatee, Port St. Joe, Tampa, Panama City, Pensacola, and

other navigable waters of the state.

(e) A one-time expenditure of $11 million to the Water

Quality Assurance Trust Fund created in a. 376.60.
(f) An annual expenditure of 50 percent of the

interest earned from Investments of the Florida Coastal

Protection Trust Fund when the balance is greater than $30

million, to the Water Quality Assurance Trust Fund created

pursuant to a. 376.60. .
Section 83. Section 376.18, Florida Statutes, is

hereby repealed.
Section 84. Part II of chapter 376, Florida Statutes,

consisting of sections. 376.30, 376.32, 376.35, 376.40, 376.50,

376.55, 376.60, 376.65, 376.70,. 376.75, 376.80, 376.85, and

376.90, Florida Statutes, is created to reads
376.30 Legislative intent.--

(1) The Legislature finds and declares that the

preservation of surface and groundwater is a matter of the

highest urgency and priority, and that such use can only be
served effectively by maintaining the quality of inland waters

as close to a pristine condition as possible, taking into

account multiple use accommodations necessary to provide the

broadest possible promotion of public and private interests.

(2) The Legislature further finds and declares that,
(a) The storage of pollutants within the jurisdiction

of the state and state inland waters is a hazardous

undertaking
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(b) Spills, discharges, and escapes of pollutants

occurring as a result of procedures taken by private and

government entities involving the storage of such products

pose threats of great danger and damage to the environment of

the state, to citizens of the state and other interests

deriving livelihood from the state;
(c) Such hazards have occurred in the past, are

occurring now, and present future threats of potentially
catastrophic proportions, all of which are expressly declared

to be inimical to the paramount interests of the state as

herein set forth; and
(d) Such state interests outweigh any economic burdens

imposed by the Legislature upon those engaged in storing
pollutants nd related activities.
(3) The Legislature intends by the enactment of this

part to exercise the police power of the state by conferring

upon the department the power toa
(a) Deal with the hazards and threats of danger and

damage posed by such storage and related activities;
(b) Require the prompt containment and removal of

product occasioned thereby: and

(c) Establish a fund to provide for the inspection and
supervision of such activities and guarantee the prompt

payment of reasonable damage claims resulting therefrom.

(4) The Legislature further finds and declares that

the preesrvation of surface and groundwater quality is of

prime public interest and concern to the state in promoting

its general welfare, preventing diseases, promoting health,
and providing for the public safety and that the state's

interest in such preservation outweigh* any burdens of


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liability imposed by the Legislature upon those engaged in

storing pollutants and related activities.
(5) The Legislature further declares that it is the

intent of this part to support and complement applicable

provisions of the federal Water Pollution Control Act, as

mended, specifically those provisions relating to the

national contingency plan for removal of pollutants.
376.32 Definitions.--When used in this part, unless

the context clearly requires otherwise:
(11 "Department" means the Department of Environmental

Regulation
(2) "Secretary" means the secretary of the Department

of Environmental Regulation. .,
(31 "Barrel' means 42 U.S. gallons at 60 degrees

Fahrenheit. .
(4) "Discharge" shall include, but not be limited to,

any spilling, leaking, seeping, pouring, emitting, emptying.
or dumping of any pollutant which occurs and affect lands and

the surface and groundwaters of the state not regulated by

part I of this chapter. ''
(5) "lund" means the Water Quality Assurance Trust

fund. .* ..
(6) "Pollutants" shall include oil of any kind and in

any form, gasoline, pesticides, ammonia, chlorine, and

derivatives thereof, excluding liquified petroleum gases.
(7) "Pollution" means the presence on the land or in

waters of the state of pollutants, in quanttities which are or

may be potentially harmful or injurious to human health or

welfare, animal or plant life, or property which may
unreasonably interfere with the enjoyment of life or property,

including outdoor recreation.
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(8) "Facility" means any nonresidential location

containing a stationary tank or tanks which contain pollutants

and which have a storage capacity greater than 550 gallons,

and which are not covered by part I.

(9) "Owner" means any person owning a facility.

(10) "Operator" means any person operating a facility,

whether by lease, contract, or other form of agreement.
(11) "Person in charge" means the person on the scene

who is in direct, responsible charge of a facility from which

pollutants are discharged, when the discharge occurs.
(12) "Person" means any individual, partner, joint

venture, corporation: any group of the foregoing, organized or

united for a business purpose, or any governmental entity.
376.35 Pollution prohibited; pollution of waters and

lands of the state prohibited.--The discharge of refined

petroleum products upon any waters and lands of the state in
the manner defined by this part is prohibited.
376.40 Powers and duties of the department.--

(1) The department shall have the power and the duty
to ..

(a) Establish rules to implement the intent of this

part and to regulate underground and above ground facilities

and their onsite integral piping systems not covered by part

I, including but not liUited to construction standards,

permitting of tanks, maintenance and installation standards,
and removal or disposal standards.
(b) Provide for the development and implementation of

criteria and plans to prevent and meet pollution occurrences

of various degrees and kinds.
(c) Establish requirements that any facility covered

by this act be subject to a complete and thorough inspection
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at reasonable times. Any facility discharging a pollutant in

violation of provisions of this part shall be fully and

carefully monitored by the department to insure that such

discharges shall not continue to occur.

(d) Keep an accurate record of costs and expenses

incurred for the removal of prohibited discharges and

thereafter diligently to pursue the recovery of any sums so

incurred from the person responsible or from the Government of

the United States under any applicable federal act.
(e) Bring an action on behalf of the state to enforce

the liabilities imposed by this part. The provisions of ss.

403.121, 403.131. 403.141, and 403.161 shall apply to

enforcement under this part.
(2) The powers and duties of the department under this

part shall extend to the land mass of the state not described

in part I.
376.85 Removal of prohibited discharges.--

(1) Any person discharging pollutants as prohibited by

this part shall immediately undertake to contain, remove, and

abate the discharge to the department's satisfaction.

Notwithstanding the above requirement, the department may

undertake the removal of the discharge and may contract and

retain agents who shall operate under the direction of the

department.
(2) If the person causing a discharge, or the person

in charge of facilities at which a discharge has taken place,

fails to act immediately, the department may arrange for the

removal of the pollutant, except that if the pollutant was

discharged into or upon the navigable waters of the United

States, the department shall act in accordance with the

national contingency plan for removal of such pollutant as
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established pursuant to the Federal Hater Pollution Control

Act, as amended, and the costs of removal incurred by the

department shall be paid in accordance with the applicable

provisions of said law. Federal funds provided under said act

shall be used to the maximum extent possible prior to the

expenditure of state funds.
(3) No action taken by any person to contain or remove

a discharge. whether such action is taken voluntarily or at

the request of the department or its designee, shall be

construed as an admission of liability for the discharge.
(4) No person who, voluntarily or at the request of

the department or its desilgnee renders assistance in

containing or removing pollutants shall be liable for any

civil damages to third parties resulting solely from acts or

omissions of such person in rendering such assistance. except

for acts or omissions amounting to gross negligence or willful

misconduct.
S 5). Nothing in this part shall affect the right of any

person to render assistance in containing or removing any

pollutant or any rights which that person may have against any
third party whose acts or omissions in any way have caused or

contributed to the discharge of the pollutant.
(6) Any person who renders assistance in containing or

removing any pollutant may be eligible for reimbursement of

the cost of containment or removal, provided prior approval

for such reimbursement is granted by the department. The

department may. upon petition and for good cause shown, waive

the prior-approval prerequisite.
376.60 Water Quality Assurance Trust fund.--




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(1) There is hereby created in the State Treasury the

Water Quality Assurance Trust Fund, to be administered by the

Department of Environmental Regulation.
(2) The fund may be used to carry out the provisions

of this act and for the cleanup and restoration of any site
contaminated with
(a) Hazardous vastesl

(b) Hazardous substances as defined in the

Comprehensive Environmental Response. Compensation. and
Liability Act of 1980. Pub. L. No. 96-510. 94 Stat. 27671
Ic) A pollutant as defined in chapter 376;

(d) A substance which is or is suspected to be

carcinogenic. utagenic. teratogenic. or toxic to human
beings, or acutely toxic to indigenous species of significance
to the biological community affected by the hazardous waste or
substances or
(e) A substance which poses a serious danger to the

public health. safety, or welfare.
(3) The trust fund shall be funded as followed
(a) A one-time transfer of l11 million from the

Florida Coastal Protection Trust fund pursuant to s.

376.I1(5)(e).
(b) An annual transfer of interest funds from the

Florida Coastal Protection Trust Fund pursuant to s.
376.11(5)( ).
(c) A monthly transfer of the interest from the State
Water Pollution Control Trust Fund.
(4) The trust fund shall be used by the department as

a nonlapsine revolving fund for carrying out the purposes of
this act. To this fund shall be credited all excise taxes,
penalties, Judgments, and other fees and charges related to
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this part. Charges against the fund shall be in accordance

with this section.
(5)(a) There is hereby levied an excise tax, to be

collected from and paid by each person for the privilege of

operating a terminal facility, as defined in s. 376.031(9).
and from each person for the privilege of operating a

facility, served by air, rail, truck, and/or pipeline located
in this state. used for the purpose of storing, handling, or
transferring pollutants. The state and political subdivisions
in the state shall be exempt from the excise tax.
: Lb) The excise tax shall be 2 cents per barrel, or

equivalent measure as established by the department, coming to
rest in Florida until the balance in the fund equals or
exceeds an unobligated balance of $12 million. The fiscal

year immediately following the year in which the balance in
the fund equals or exceeds an unobligated balance of $12
million, no excise tax shall be levied unless,
1. The balance in the fund is less than or equal to an

unobligated balance of $3 million. The fiscal year
immediately following the year in which the balance in the
fund is less than or equal to an unobligated balance of $3
million, the excise tax shall be and shall remain 2 cents per
barrel coning to rest in Florida until the fund again equals
or exceeds an unobligated balance of $12 million. The fiscal
year immediately following the year in which the fund again is
equal to or exceeds an unobligated balance of $12 million, the
excise tax and fund shall be controlled as when the fund first
was equal to or exceeded an unobligated balance of $12
million.
2. The fund is unable to pay any proven costs against

the fund at the end of the fiscal year. Notwithstanding any
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other provision of this section, the fiscal year following the

year in which the fund is unable to pay any proven costs

against the fund at the end of the fiscal year. the excise tax

shall be and shall remain 5 cents per barrel until all

outstanding proven costs have been paid and the fund again

equals or exceeds $1.5 million then the excise tax shall be 2

cents per barrel until the fund again equals or exceeds an

unobligated balance of $12 million. The fiscal year

immediately following the year in which the fund, after levy

of the 5-cent excise tax, again is equal to or exceeds an

unobligated balance of $12 million, the excise tax and fund

shall be controlled in accordance with subparagraph 1.. unless

otherwise provided.
3. The fund has had appropriated to it by the

Legislature, but not yet repaid, state funds from the General

Revenue Fund. In such event, the excise tax shall continue in

effect until all such funds are repaid to the General Revenue

fund.
(c) The excise tax provided for in this section shall

be collected monthly by the Department of Revenue on the basis

of records certified to the Department of Revenue and
Department of Environmental Regulation and shall be credited

to the fund. However, for the purposes of this section. the

excise tax on each barrel of the pollutant shall be imposed

only once, at the first transfer of a specific barrel of
pollutant which comes to rest in florida. Each barrel of

pollutant shall only be considered once for the purpose of

this excise tax. This excise tax shall be in addition to all

other taxes imposed upon or paid by the operator. However.

any facility with a storage capacity of 250 barrels or less

shall report and pay the excise tax semiannually.
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(d) Except for the 3-percent collection allowance, the

same duties and privileges imposed by chapter 212 respecting

the remission of taxi the making of returns; penalties and

interest; the keeping of books, records, and accounts; and the

compliance with the rules of the Department of Revenue in the
administration of that chapter shall apply to and be binding

on all registrants who are subject to this section.
(e) The Department of Revenue shall maintain records

indicating the amount of taxes collected. These records shall

be confidential, as provided in a. 213.053.

(f) The Department of Revenue shall promulgate rules,

establish audit procedures for the audit of operators under

this section, assess for delinquencies, and prescribe and

publish such forms as may be necessary to effectuate the
purposes of this section.
(g) The Department of Revenue, according to the
applicable rules of the Career Service Commission, is

authorized to employ persons and incur other expenses for

. which funds are appropriated by the Legislature.
M' (6) Honeys in the fund not needed currently to meet
the obligations of the department in the exercise of its

responsibilities under this part shall be deposited with the

treasurer to the credit of the fund and may be invested in

such manner as is provided for by statute. Interest received

on such investment shall be credited to the fund.

(7) The department shall recover to the use of the
fund from the person or persons causing the discharge or from

the Federal Government. jointly and severally, all sums owed

or expanded therefrom, pursuant to s. 376.65(41. except that

recoveries resulting from damage due to a discharge of a

pollutant or other similar disaster shall be apportioned
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ENROLLED

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ENROLLED

1983 Legislature


HB 47-B, 2nd Engrossed


between the fund and the General Revenue Fund so as to repay

the full costs to the General Revenue Fund of any sums

disbursed therefrom as a result of such disaster. Requests

for reimbursement to the fund for the above costs, If not paid

within 30 days of demand, shall be turned over to the
department for collection.
376.65 Liabilities and defenses of facilities.--It

shall be the duty of the department in administering the fund
diligently to pursue the reimbursement to the fund of any sum
expended from the fund for cleanup, abatement. and damages in

accordance with the provisions of this part. In any suit to
enforce claims of the fund under this part. it shall not be
necessary for the department in administering the fund to
plead or prove negligence in any form or manner. The
department in administering the fund need only plead and prove
that the prohibited discharge or other polluting condition
occurred. The only defenses of a person alleged to be
responsible for the discharge to an action for damages, costs,
Sand expenses of cleanup, or abatement shall be to plead end
prove that the occurrence was solely the result of any of the

following or any combination of the following
(1) An act of war. .
(2) An act of government, either state, federal, or

municipal. ; .
(3) An act of God, which means only an unforeseeable

act exclusively occasioned by the violence of nature without
the interference of any human agency.
(4) An act or omission of a third party, other than an

employee or agent of the defendant or other than one whose act
or omission occurs in connection with a contractual
relationship existing, directly or indirectly, with the
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defendant, except when the sole contractual arrangement arises

from a published tariff and acceptance for carriage by a

common carrier by rail, if the defendant establishes by a

preponderance of the evidence that,
(a) The defendant exercised due care with respect to

the pollutant concerned, taking into consideration the
characteristics of such hazardous waste, in light of all
relevant facts and circumstances and
(b) The defendant took precautions against foreseeable

acts or omissions of any such third party and against the
consequences that could foreseeebly result from such acts or
omissions.
376.70 facilities, financial responsibility..-
(1) Each owner or operator of a facility shall be

required to establish and maintain evidence of financial
responsibility. Such evidence of financial responsibility
shall be the only evidence required by the department that
such owner or operator has the ability to meet the liabilities

which may be incurred under this part.
(2) Any claim brought pursuant to this part may be

brought directly against the bond, the insurer, or any other
person providing a facility with evidence of financial
responsibility.
(3) ach owner or operator of a facility subject to

the provisions of this part shall designate a person in the
state as his legal agent for service of process under this
part. and such designation shall be filed with the Department
of State. In the absence of such designation, the Secretary
of State shall be the designated agent for purposes of service

of process under this part.
376.75 Enforcement and penalties.--
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(1) The penalty provisions of this section shall not

apply to any discharge promptly reported and removed by an

operator in accordance with the rules and orders of the

department.

(2) Penalties assessed herein for a discharge shall be

in accordance with the provisions administered by the

department in chapter 403.

376.85 Individual cause of action for damages.--The

remedies in this part shall be deemed to be cumulative and not

exclusive. Nothing in this part shall require pursuit of any

claim against the fund as a condition precedent to any other

remedy. Notwithstanding any other provision of law. nothing

contained herein shall prohibit any person from bringing a

cause of action in a court of competent jurisdiction for all

damages resulting from a discharge or other condition of

pollution covered by this part. In any such suit, it shall

not be necessary for the person to plead or prove negligence

in any form or manner. Such person need only plead and prove

the fact of the prohibited discharge or other pollutive

condition and that it occurred. The only defenses to such

cause of action shall be those specified in s. 376.65(3). In

addition to any other remedy, the injured party shall be

entitled to recover costs of the action and reasonable

attorneys' fees.
376.90 Construction.--This part, being necessary for

the general welfare and the public health and safety of the

state and its inhabitants, shall be liberally construed to

effect the purposes set forth under this part and the federal

Water Pollution Control Act, as amended.
PART XII

EMINENT DOMAIN



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ENROLLED

1983 Legislature


HB 47-B. 2nd Engrossed


Section 85. Section 373.115, Florida Statutes, is

created to read:

373.115 Effect of prior land acquisition on

consumptive use pemitting.--The fact that any applicant has

acquired, by the exercise of eminent domain, or otherwise, any

lands for the specific purpose of serving as sites for

wellfields or rights of way prior to obtaining consumptive use

permits from a water management district shall not create any

presumption of entitlement to a consumptive use permit.

Evidence relating to such prior acquisition of land or rights

of way by any applicant shall not be admissible in any

proceeding related to consumptive use permitting, and shall

have no bearing upon any water management district's

determination of reasonable beneficial use in the permitting

process. In the event that any applicant elects to acquire

land prior to obtaining a consumptive use permit from a water

management district, such action shall be considered a

voluntary risk assumed by the applicant and the fact of such

prior acquisition shall not be admissible in any

administrative or judicial proceeding relating to consumptive

use permitting under chapter 373. Florida Statutes, including

any appeals taken from water management district decisions.
Section 86. Amendments to sections of the Florida

Statutes enacted by this act shall not operate to repeal or

otherwise negate amendments to the same sections which may

have been enacted at the 1983 Regular Session of the Florida

Legislature and which are not indicated herein, and full

effect shall be given to each, if that is possible. If

provisions of this act are in direct conflict with amendments

enacted at the 1983 Regular Session of the Legislature, the

provisions of this act shall control.
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HB 47-B, 2nd Engrossed


Section 87. This act shall take effect July 1, 1983,

or upon becoming a law, whichever occurs later, provided that

the amendments to ss. 212.02, 212.11, and 212.12, Florida

Statutes, contained in this act shall take effect November 1,

1983.
















































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