Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 532
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/09/2017           .                                

       The Committee on Environmental Preservation and Conservation
       (Galvano) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 61 - 141
    4  and insert:
    5  “reportable pollution release” means the release or discharge of
    6  a substance from an installation to the air, land, or waters of
    7  the state which is discovered by the owner or operator of the
    8  installation, which is not authorized by law, and which is:
    9         (a)Reportable to the State Watch Office within the
   10  Division of Emergency Management pursuant to department rules,
   11  permit, order, or variance;
   12         (b)Reportable to the department or a contracted county
   13  pursuant to department rules governing storage tank systems
   14  under ss. 376.303, 376.321, and 376.322;
   15         (c)Reportable to the department pursuant to department
   16  rules requiring notice for noncompliance from underground
   17  injection control systems where such noncompliance may endanger
   18  public health or the environment and has the potential to
   19  contaminate potable water wells outside the property boundaries
   20  of the installation;
   21         (d)A hazardous substance at or above the quantity
   22  established in Table 302.4 of 40 C.F.R. s. 302.4, revised as of
   23  July 1, 2016, for such substance, for which notification is
   24  required by 40 C.F.R. s. 302.6; or
   25         (e)An extremely hazardous substance pursuant to 40 C.F.R.
   26  s. 355.61, at or above the quantity established in Appendices A
   27  and B of 40 C.F.R. part 355, revised as of July 1, 2016, for
   28  such substance, for which notice is required by 40 C.F.R. s.
   29  355.33.
   31         (a)In the event of a reportable pollution release, any
   32  person who is an owner or operator of the installation at which
   33  the reportable pollution release occurred must provide a notice
   34  containing the following information, to the extent known at the
   35  time of such notice, to the department within 24 hours after its
   36  discovery:
   37         1.The name and address of the installation where the
   38  reportable pollution release occurred.
   39         2.The name and title of the reporting person and the
   40  nature of his or her relationship to the installation.
   41         3.The identification numbers for any active department
   42  permits, variances, registrations, or orders that are relevant
   43  to the reportable pollution release.
   44         4.The name and telephone number of a contact person for
   45  further information.
   46         5.The substance released.
   47         6.The estimated quantity of the substance released and, if
   48  applicable, the estimated quantity that has since been
   49  recovered.
   50         7.The cause of the release.
   51         8.The source of the release.
   52         9.The location of the release.
   53         10.The date, time, and duration of the release.
   54         11.The medium into which the substance was released,
   55  including, but not limited to, the outdoor air, land,
   56  groundwater, aquifer, or specified waters or wetlands.
   57         12.Whether the released substance has migrated to land or
   58  waters of the state outside the property boundaries of the
   59  installation and the location of such migration.
   60         13.To the extent available, toxicological information
   61  associated with the substance released as specified on a safety
   62  data sheet or comparable source published by the Occupational
   63  Safety and Health Administration or the Centers for Disease
   64  Control and Prevention, or their successor agencies.
   66  The owner or operator may also include in the notice any other
   67  information he or she wishes in order to assist in the
   68  protection of the public health, safety, and welfare.
   69         (b)If multiple parties are subject to the notification
   70  requirements based on a single reportable pollution release, a
   71  single notification made by one party in accordance with this
   72  section constitutes compliance on behalf of all parties subject
   73  to the requirement. However, if the notification is not made in
   74  accordance with this section, the department may pursue
   75  enforcement against all parties subject to the requirement.
   76         (c)If, after providing notice pursuant to paragraph (a),
   77  the installation owner or operator determines that a reportable
   78  pollution release did not occur or that an amendment to the
   79  notice is warranted, the installation owner or operator may
   80  submit a letter to the department documenting such
   81  determination.
   82         (d)If, after providing notice under paragraph (a), the
   83  installation owner or operator determines that a release subject
   84  to the noticing requirements of this act has migrated outside
   85  the property boundaries of the installation, the owner or
   86  operator, within 24 hours after such discovery, must provide an
   87  additional notice to the department. Such notice must comply
   88  with the requirements of paragraph (a) and specify the extent of
   89  the migration outside the property boundaries.
   91         (a)The department shall publish on a website accessible to
   92  the public all notices submitted by an owner or operator
   93  pursuant to subsection (2) within 24 hours of receipt.
   94         (b)The department shall create an electronic mailing list
   95  for such notices and allow the public, including local
   96  governments, health departments, news media, and other
   97  interested persons, to subscribe to and receive periodic direct
   98  announcement of any notices submitted pursuant to subsection
   99  (2). The department shall establish regional electronic mailing
  100  lists, such as by county or district boundaries, to allow
  101  subscribers to determine the notices they wish to receive by
  102  geographic area.
  103         (c)The department shall establish an e-mail address and an
  104  online form as options for owners and operators to provide the
  105  notice specified in paragraphs (2)(a) and (b).
  106         (4)ADMISSION OF LIABILITY OR HARM.—Providing notice under
  107  subsection (2) does not constitute an admission of liability or
  108  harm.
  109         (5)VIOLATIONS.—For failure to provide the notification
  110  required by paragraphs (2)(a) or (2)(d), the owner or operator
  111  shall be subject to the civil penalties specified in s. 403.121.
  112         (6)ADOPTION OF RULES.—The department shall adopt rules
  114  ================= T I T L E  A M E N D M E N T ================
  115  And the title is amended as follows:
  116         Delete lines 10 - 19
  117  and insert:
  118         defining the term “reportable pollution release”;
  119         requiring an owner or operator of an installation at
  120         which a reportable pollution release occurred to
  121         provide certain information to the department within
  122         24 hours after the discovery of a reportable pollution
  123         release; authorizing the owner or operator to amend
  124         such notice; specifying compliance and enforcement
  125         requirements; requiring owners or operators to provide
  126         notice when a reportable pollution release migrates
  127         outside the property boundaries of the installation;
  128         requiring the department to