Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (594336) for CS for SB 1450
       
       
       
       
       
       
                                Ì333976RÎ333976                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2020           .                                
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       The Committee on Appropriations (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 564 - 725
    4  and insert:
    5  department shall assess a penalty of $2,000 $1,000. For a
    6  domestic or industrial wastewater violation not involving a
    7  surface water or groundwater quality violation, the department
    8  shall assess a penalty of $4,000 $2,000 for an unpermitted or
    9  unauthorized discharge or effluent-limitation exceedance. For an
   10  unpermitted or unauthorized discharge or effluent-limitation
   11  exceedance that resulted in a surface water or groundwater
   12  quality violation, the department shall assess a penalty of
   13  $10,000 $5,000. Each day the cause of an unauthorized discharge
   14  of domestic wastewater is not addressed constitutes a separate
   15  offense.
   16         (c) For a dredge and fill or stormwater violation, the
   17  department shall assess a penalty of $1,500 $1,000 for
   18  unpermitted or unauthorized dredging or filling or unauthorized
   19  construction of a stormwater management system against the
   20  person or persons responsible for the illegal dredging or
   21  filling, or unauthorized construction of a stormwater management
   22  system plus $3,000 $2,000 if the dredging or filling occurs in
   23  an aquatic preserve, an Outstanding Florida Water, a
   24  conservation easement, or a Class I or Class II surface water,
   25  plus $1,500 $1,000 if the area dredged or filled is greater than
   26  one-quarter acre but less than or equal to one-half acre, and
   27  plus $1,500 $1,000 if the area dredged or filled is greater than
   28  one-half acre but less than or equal to one acre. The
   29  administrative penalty schedule does shall not apply to a dredge
   30  and fill violation if the area dredged or filled exceeds one
   31  acre. The department retains the authority to seek the judicial
   32  imposition of civil penalties for all dredge and fill violations
   33  involving more than one acre. The department shall assess a
   34  penalty of $4,500 $3,000 for the failure to complete required
   35  mitigation, failure to record a required conservation easement,
   36  or for a water quality violation resulting from dredging or
   37  filling activities, stormwater construction activities or
   38  failure of a stormwater treatment facility. For stormwater
   39  management systems serving less than 5 acres, the department
   40  shall assess a penalty of $3,000 $2,000 for the failure to
   41  properly or timely construct a stormwater management system. In
   42  addition to the penalties authorized in this subsection, the
   43  department shall assess a penalty of $7,500 $5,000 per violation
   44  against the contractor or agent of the owner or tenant that
   45  conducts unpermitted or unauthorized dredging or filling. For
   46  purposes of this paragraph, the preparation or signing of a
   47  permit application by a person currently licensed under chapter
   48  471 to practice as a professional engineer does shall not make
   49  that person an agent of the owner or tenant.
   50         (d) For mangrove trimming or alteration violations, the
   51  department shall assess a penalty of $7,500 $5,000 per violation
   52  against the contractor or agent of the owner or tenant that
   53  conducts mangrove trimming or alteration without a permit as
   54  required by s. 403.9328. For purposes of this paragraph, the
   55  preparation or signing of a permit application by a person
   56  currently licensed under chapter 471 to practice as a
   57  professional engineer does shall not make that person an agent
   58  of the owner or tenant.
   59         (e) For solid waste violations, the department shall assess
   60  a penalty of $3,000 $2,000 for the unpermitted or unauthorized
   61  disposal or storage of solid waste; plus $1,000 if the solid
   62  waste is Class I or Class III (excluding yard trash) or if the
   63  solid waste is construction and demolition debris in excess of
   64  20 cubic yards, plus $1,500 $1,000 if the waste is disposed of
   65  or stored in any natural or artificial body of water or within
   66  500 feet of a potable water well, plus $1,500 $1,000 if the
   67  waste contains PCB at a concentration of 50 parts per million or
   68  greater; untreated biomedical waste; friable asbestos greater
   69  than 1 cubic meter which is not wetted, bagged, and covered;
   70  used oil greater than 25 gallons; or 10 or more lead acid
   71  batteries. The department shall assess a penalty of $4,500
   72  $3,000 for failure to properly maintain leachate control;
   73  unauthorized burning; failure to have a trained spotter on duty
   74  at the working face when accepting waste; or failure to provide
   75  access control for three consecutive inspections. The department
   76  shall assess a penalty of $3,000 $2,000 for failure to construct
   77  or maintain a required stormwater management system.
   78         (f) For an air emission violation, the department shall
   79  assess a penalty of $1,500 $1,000 for an unpermitted or
   80  unauthorized air emission or an air-emission-permit exceedance,
   81  plus $1,000 if the emission results in an air quality violation,
   82  plus $4,500 $3,000 if the emission was from a major source and
   83  the source was major for the pollutant in violation; plus $1,500
   84  $1,000 if the emission was more than 150 percent of the
   85  allowable level.
   86         (g) For storage tank system and petroleum contamination
   87  violations, the department shall assess a penalty of $7,500
   88  $5,000 for failure to empty a damaged storage system as
   89  necessary to ensure that a release does not occur until repairs
   90  to the storage system are completed; when a release has occurred
   91  from that storage tank system; for failure to timely recover
   92  free product; or for failure to conduct remediation or
   93  monitoring activities until a no-further-action or site
   94  rehabilitation completion order has been issued. The department
   95  shall assess a penalty of $4,500 $3,000 for failure to timely
   96  upgrade a storage tank system. The department shall assess a
   97  penalty of $3,000 $2,000 for failure to conduct or maintain
   98  required release detection; failure to timely investigate a
   99  suspected release from a storage system; depositing motor fuel
  100  into an unregistered storage tank system; failure to timely
  101  assess or remediate petroleum contamination; or failure to
  102  properly install a storage tank system. The department shall
  103  assess a penalty of $1,500 $1,000 for failure to properly
  104  operate, maintain, or close a storage tank system.
  105         (4) In an administrative proceeding, in addition to the
  106  penalties that may be assessed under subsection (3), the
  107  department shall assess administrative penalties according to
  108  the following schedule:
  109         (a) For failure to satisfy financial responsibility
  110  requirements or for violation of s. 377.371(1), $7,500 $5,000.
  111         (b) For failure to install, maintain, or use a required
  112  pollution control system or device, $6,000 $4,000.
  113         (c) For failure to obtain a required permit before
  114  construction or modification, $4,500 $3,000.
  115         (d) For failure to conduct required monitoring or testing;
  116  failure to conduct required release detection; or failure to
  117  construct in compliance with a permit, $3,000 $2,000.
  118         (e) For failure to maintain required staff to respond to
  119  emergencies; failure to conduct required training; failure to
  120  prepare, maintain, or update required contingency plans; failure
  121  to adequately respond to emergencies to bring an emergency
  122  situation under control; or failure to submit required
  123  notification to the department, $1,500 $1,000.
  124         (f) Except as provided in subsection (2) with respect to
  125  public water systems serving a population of more than 10,000,
  126  for failure to prepare, submit, maintain, or use required
  127  reports or other required documentation, $750 $500.
  128         (5) Except as provided in subsection (2) with respect to
  129  public water systems serving a population of more than 10,000,
  130  for failure to comply with any other departmental regulatory
  131  statute or rule requirement not otherwise identified in this
  132  section, the department may assess a penalty of $1,000 $500.
  133         (6) For each additional day during which a violation
  134  occurs, the administrative penalties in subsections subsection
  135  (3), subsection (4), and subsection (5) may be assessed per day
  136  per violation.
  137         (7) The history of noncompliance of the violator for any
  138  previous violation resulting in an executed consent order, but
  139  not including a consent order entered into without a finding of
  140  violation, or resulting in a final order or judgment after the
  141  effective date of this law involving the imposition of $3,000
  142  $2,000 or more in penalties shall be taken into consideration in
  143  the following manner:
  144         (a) One previous such violation within 5 years prior to the
  145  filing of the notice of violation will result in a 25-percent
  146  per day increase in the scheduled administrative penalty.
  147         (b) Two previous such violations within 5 years prior to
  148  the filing of the notice of violation will result in a 50
  149  percent per day increase in the scheduled administrative
  150  penalty.
  151         (c) Three or more previous such violations within 5 years
  152  prior to the filing of the notice of violation will result in a
  153  100-percent per day increase in the scheduled administrative
  154  penalty.
  155         (8) The direct economic benefit gained by the violator from
  156  the violation, where consideration of economic benefit is
  157  provided by Florida law or required by federal law as part of a
  158  federally delegated or approved program, shall be added to the
  159  scheduled administrative penalty. The total administrative
  160  penalty, including any economic benefit added to the scheduled
  161  administrative penalty, may shall not exceed $15,000 $10,000.
  162         (9) The administrative penalties assessed for any
  163  particular violation may shall not exceed $10,000 $5,000 against
  164  any one violator, unless the violator has a history of
  165  noncompliance, the economic benefit of the violation as
  166  described in subsection (8) exceeds $10,000 $5,000, or there are
  167  
  168  ================= T I T L E  A M E N D M E N T ================
  169  And the title is amended as follows:
  170         Delete line 2
  171  and insert:
  172         An act relating to environmental accountability;
  173         amending