Title: Legislative Declaration; Public Policy (Environmental Control)
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00004313/00001
 Material Information
Title: Legislative Declaration; Public Policy (Environmental Control)
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - Legislative Declaration; Public Policy (Environmental Control) (JDV Box 89)
General Note: Box 19, Folder 11 ( Groundwater Discharge Permitting Materials Solid & Hazardous Waste Management Short Course - 1989 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004313
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

Ch. 403











Funding of projects; priorities.
Department to accept federal aid.
State bonds to finance or refinance facilities;
exemption from taxation.
Wastewater facilities and stormwater man-
agement systems revolving loan program.
Small Community Sewer Construction
Assistance Act.
Construction in relation to other law.
Pending proceedings.
Department of Legal Affairs to represent the
Safety clause.
Provisions specifying jurisdiction repealed.
Peat mining; permitting.
Definitions; weather modification law.
Purpose of weather modification law.
Artificial weather modification operation;
license required.
Application for weather modification licens-
ing; fee.
Proof of financial responsibility.
Issuance of license; suspension or revoca-
tion; renewal.
Filing and publication of notice of intention to
operate; limitation on area and time.
Contents of notice of intention.
Publication of notice of intention.
Proof of publication.
Record and reports of operations.
Emergency licenses.
Suspension or revocation of license.
Environmental Protection Act.
Florida Litter Law.
"Keep Florida Beautiful, Incorporated"; Clean
Florida Commission; placement of signs.
Litter pickup and removal.
Litter receptacles.
Pollution control awards program.
Motor vehicle noise.
Exempt motor vehicles.
Federal preemption.

403.011 Short title.-This act shall be known and
cited as the "Florida Air and Water Pollution Control Act."
HIstory.-s 2. ch. 67-436

403.021 Legislative declaration; public policy.-
(1) The pollution of the air and waters of this state
constitutes a menace to public health and welfare;
creates public nuisances; is harmful to wildlife and fish
and other aquatic life; and impairs domestic, agricultur-
al, industrial, recreational, and otter beneficial uses of
air and water. X .
(2) It is declared to be the public policy of this state
to conserve the waters of the state and to protect, main-
tain, and improve the quality thereof for public water
supplies, for the propagation of wildlife and fish and oth-
er aquatic life, and for domestic, agricultural, industrial,
recreational, and other beneficial uses and to provide
that no wastes be discharged into any waters of the

F.S. 1Ua

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



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

shall also recognize that some deviations from water
quality standards occur as the result of natural back-
ground conditions. The department shall not consider
deviations from water quality standards to be violations
when the discharger can demonstrate that the devia-
tions would occur in the absence of any man-induced
discharges or alterations to the water body.
History.-s. 3. ch 67-436; s. 1, ch. 78-98; ss. 1, 5, ch. 81-228; s. 4, ch 84-79,
s 46, ch. 84-338; s. 11, ch. 85-269; s. 1, ch. 85-277; s. 8, ch 86-186; s. 3, ch. 86-213

403.031 Definitions.-In construing this chapter, or
rules and regulations adopted pursuant hereto, the fol-
lowing words, phrases, or terms, unless the context oth-
erwise indicates, have the following meanings:
(1) "Contaminant" is any substance which is harmful
to plant, animal, or human life.
(2) "Department" is the Department of Environmen-
tal Regulation.
(3) "Effluent limitations" means any restriction estab-
lished by the department on quantities, rates, or concen-
trations of chemical, physical, biological, or other con-
stituents which are discharged from sources into waters
of the state.
(4) "Installation" is any structure, equipment, or facili-
ty, or appurtenances thereto, or operation which may
emit air or water contaminants in quantities prohibited
by rules of the department.
(5) "Person" means the state or any agency or insti-
tution thereof or any municipality, political subdivision,
public or private corporation, individual, partnership, as-
sociation, or other entity and includes any officer or gov-
erning or managing body of any municipality, political
subdivision, or public or private corporation.
(6) "Plant" is any unit operation, complex, area, or
multiple of unit operations that produce, process, or
cause to be processed any materials, the processing of
which can, or may, cause air or water pollution.
(7) "Pollution" is the presence in the outdoor atmos-
phere or waters of the state of any substances, contami-
nants, noise, or manmade or man-induced impairment
of air or waters or alteration of the chemical, physical, bi-
ological, or radiological integrity of air or water in quanti-
ties or at levels which are or may be potentially harmful
or injurious to human health or welfare, animal or plant
life, or property or which unreasonably interfere with the
enjoyment of life or property, including outdoor recre-
ation unless authorized by applicable law.
(8) "Sewerage system" means pipelines or conduits,
pumping stations, and force mains and all other struc-
tures, devices, appurtenances, and facilities used for
collecting or conducting wastes to an ultimate point for
treatment or disposal.
(9) "Source" is any and all points of origin of the item
defined in subsection (1), whether privately or publicly
owned or operated.
(10) "Treatment works" and "disposal systems" mean
any plant or other works used for the purpose of treat-
ing, stabilizing, or holding wastes.
(11) "Wastes" means sewage, industrial wastes, and
all other liquid, gaseous, solid, radioactive, or other sub-
stances which may pollute or tend to pollute any waters
of the state.


F.S. 1989

Ch. 403

F.S. 1989

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