Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 532
       
       
       
       
       
       
                                Ì477632/Î477632                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/09/2017           .                                
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       The Committee on Environmental Preservation and Conservation
       (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 61 - 141
    4  and insert:
    5  “reportable release” means the release or discharge of pollution
    6  which is not authorized by law and is required to be reported to
    7  the State Watch Office.
    8         (2) OWNER AND OPERATOR RESPONSIBILITIES.—
    9         (a) In the event of a reportable release, any person who is
   10  an owner or operator of the installation at which the reportable
   11  release occurred must provide a notice with the following
   12  information, to the extent known at the time of such notice, to
   13  the department within 24 hours after its discovery:
   14         1. The name and address of the installation where the
   15  reportable release occurred.
   16         2. The name and title of the reporting person and the
   17  nature of his or her relationship to the installation.
   18         3. The identification number for any active department
   19  permits, variances, registrations, or orders that are relevant
   20  to the reportable release.
   21         4. The name and telephone number of a contact person for
   22  further information.
   23         5. The substance released.
   24         6. The estimated quantity of the substance released and, if
   25  applicable, the estimated quantity that has since been
   26  recovered.
   27         7. The cause of the release.
   28         8. The source of the release.
   29         9. The location of the release.
   30         10. The date, time, and duration of the release.
   31         11. The medium into which the substance was released, such
   32  as, but not limited to, the outdoor air, land, groundwater,
   33  aquifer, or specified waters or wetlands.
   34         12. Whether the released substance has migrated to land or
   35  waters of the state outside the property boundaries of the
   36  installation and the location of such migration.
   37         13. To the extent available, toxicological information
   38  associated with the substance released as specified on a safety
   39  data sheet or comparable source published by the Occupational
   40  Safety and Health Administration or the Centers for Disease
   41  Control and Prevention, or their successor agencies.
   42  
   43  The owner or operator may also include in the notice any other
   44  information he or she wishes in order to assist in the
   45  protection of the public health, safety, and welfare.
   46         (b) If multiple parties are subject to the notification
   47  requirements based on a single reportable release, a single
   48  notification made by one party in accordance with this section
   49  constitutes compliance on behalf of all parties subject to the
   50  requirement. However, if the notification is not made in
   51  accordance with this section, the department may pursue
   52  enforcement against all parties subject to the requirement.
   53         (c) If the installation owner or operator determines, after
   54  providing notice pursuant to paragraph (a), that a reportable
   55  release did not occur or that an amendment to the notice is
   56  warranted, the installation owner or operator may submit a
   57  letter to the department documenting such determination.
   58         (3) DEPARTMENTAL RESPONSIBILITIES.—
   59         (a) The department shall publish, on a website accessible
   60  to the public, all notices submitted by an owner or operator
   61  pursuant to subsection (2) within 24 hours of receipt.
   62         (b) The department shall create an electronic mailing list
   63  for such notices and allow the public, including local
   64  governments, health departments, news media, and other
   65  interested persons, to subscribe to and receive periodic direct
   66  announcement of any notices submitted pursuant to subsection
   67  (2). The department shall establish regional electronic mailing
   68  lists, such as by county or district boundaries, to allow
   69  subscribers to determine the notices they wish to receive by
   70  geographic area.
   71         (c) The department shall establish an e-mail address and an
   72  online form as options for owners and operators to provide the
   73  notice specified in paragraphs (2)(a) and (b).
   74         (4) ADMISSION OF LIABILITY OR HARM.—Providing notice under
   75  subsection (2) does not constitute an admission of liability or
   76  harm.
   77         (5) VIOLATIONS.—For failure to provide the notification
   78  required by paragraph (2)(a), the owner or operator shall be
   79  subject to the civil penalties specified in s. 403.121.
   80         (6) ADOPTION OF RULES.—The department shall adopt rules
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83  And the title is amended as follows:
   84         Delete lines 10 - 13
   85  and insert:
   86         defining the term “reportable release”; requiring an
   87         owner or