Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 532
Ì883586VÎ883586
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/09/2017 .
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The Committee on Environmental Preservation and Conservation
(Galvano) recommended the following:
1 Senate Amendment (with title amendment)
2
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.
30 (2) OWNER AND OPERATOR RESPONSIBILITIES.—
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.
65
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.
90 (3) DEPARTMENTAL RESPONSIBILITIES.—
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
113
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