Florida Senate - 2017                                     SB 532
       By Senator Galvano
       21-00640B-17                                           2017532__
    1                        A bill to be entitled                      
    2         An act relating to public notification of pollution;
    3         creating s. 403.076, F.S.; providing a short title;
    4         creating s. 403.077, F.S.; providing goals and
    5         legislative findings; specifying authority of the
    6         Department of Environmental Protection; specifying
    7         that the act does not alter or affect the emergency
    8         management responsibilities of certain other
    9         governmental entities; creating s. 403.078, F.S.;
   10         defining the term “reportable release”; requiring the
   11         department to establish and publish the types and
   12         amounts of a substance that, if released, would
   13         constitute a reportable release; requiring an owner or
   14         operator of an installation at which a reportable
   15         release occurred to provide certain information to the
   16         department within 24 hours after the discovery of a
   17         reportable release; authorizing the owner or operator
   18         to amend such notice; specifying compliance and
   19         enforcement requirements; requiring the department to
   20         publish such information in a specified manner;
   21         requiring the department to establish an electronic
   22         mailing list; requiring the department to provide a
   23         reporting form and e-mail address for such notice;
   24         specifying that providing a notice does not constitute
   25         an admission of liability or harm; specifying
   26         penalties for violations; requiring the department to
   27         adopt rules; amending s. 403.121, F.S.; specifying
   28         penalties for failure to provide required notice;
   29         providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 403.076, Florida Statutes, is created to
   34  read:
   35         403.076 Short title.—Sections 403.076-403.078 may be cited
   36  as the “Public Notice of Pollution Act.”
   37         Section 2. Section 403.077, Florida Statutes, is created to
   38  read:
   39         403.077 Public notice of pollution; goals and findings.—
   40         (1)It is a goal of the state that the public be timely
   41  notified of a discovered, reportable pollution release that may
   42  pose an immediate danger to the public health, safety, or
   43  welfare.
   44         (2)The department has the authority and the duty to
   45  control and prohibit pollution of the air and water of this
   46  state and has the primary responsibility to ensure that the
   47  public is aware of reportable pollution releases. Alerting the
   48  department about reportable pollution releases, within the
   49  timeframes and in the manner provided by this act, will better
   50  inform the department and the public regarding such releases and
   51  the need, if any, to take action to protect the public health,
   52  safety, and welfare.
   53         (3)This act does not alter or affect the emergency
   54  management responsibilities of the Governor, the Division of
   55  Emergency Management, or the governing body of any political
   56  subdivision of the state pursuant to chapter 252.
   57         Section 3. Section 403.078, Florida Statutes, is created to
   58  read:
   59         403.078 Public notification of pollution.—
   60         (1)DEFINITION.—As used in this section, the term
   61  “reportable release” means the release of a substance at or
   62  above the quantity specified by the department in subsection
   63  (2).
   65  department shall establish and publish a list of substances
   66  that, at a specified quantity determined by the department,
   67  present an immediate and substantial risk to the public health,
   68  safety, or welfare.
   70         (a)In the event of a reportable release, any person who is
   71  an owner or operator of the installation at which the reportable
   72  release occurred must provide a notice with the following
   73  information, to the extent known at the time of such notice, to
   74  the department within 24 hours after its discovery:
   75         1.The name and address of the installation where the
   76  reportable release occurred.
   77         2.The name and title of the reporting person and the
   78  nature of his or her relationship to the installation.
   79         3.The identification number for any active department
   80  permits, variances, registrations, or orders that are relevant
   81  to the reportable release.
   82         4.The name and telephone number of a contact person for
   83  further information.
   84         5.The substance released.
   85         6.The estimated quantity of the substance released and, if
   86  applicable, the estimated quantity that has since been
   87  recovered.
   88         7.The cause of the release.
   89         8.The source of the release.
   90         9.The location of the release.
   91         10.The date, time, and duration of the release.
   92         11.The medium into which the substance was released, such
   93  as, but not limited to, the outdoor air, land, groundwater,
   94  aquifer, or specified waters or wetlands.
   95         12.Whether the released substance has migrated to land or
   96  waters of the state outside the property boundaries of the
   97  installation and the location of such migration.
   98         13.To the extent available, toxicological information
   99  associated with the substance released as specified on a safety
  100  data sheet or comparable source published by the Occupational
  101  Safety and Health Administration or the Centers for Disease
  102  Control and Prevention, or their successor agencies.
  104  The owner or operator may also include in the notice any other
  105  information he or she wishes in order to assist in the
  106  protection of the public health, safety, and welfare.
  107         (b)If multiple parties are subject to the notification
  108  requirements based on a single reportable release, a single
  109  notification made by one party in accordance with this section
  110  constitutes compliance on behalf of all parties subject to the
  111  requirement. However, if the notification is not made in
  112  accordance with this section, the department may pursue
  113  enforcement against all parties subject to the requirement.
  114         (c)If the installation owner or operator determines, after
  115  providing notice pursuant to paragraph (a), that a reportable
  116  release did not occur or that an amendment to the notice is
  117  warranted, the installation owner or operator may submit a
  118  letter to the department documenting such determination.
  120         (a)The department shall publish, on a website accessible
  121  to the public, all notices submitted by an owner or operator
  122  pursuant to subsection (3) within 24 hours of receipt.
  123         (b)The department shall create an electronic mailing list
  124  for such notices and allow the public, including local
  125  governments, health departments, news media, and other
  126  interested persons, to subscribe to and receive periodic direct
  127  announcement of any notices submitted pursuant to subsection
  128  (3). The department shall establish regional electronic mailing
  129  lists, such as by county or district boundaries, to allow
  130  subscribers to determine the notices they wish to receive by
  131  geographic area.
  132         (c)The department shall establish an e-mail address and an
  133  online form as options for owners and operators to provide the
  134  notice specified in paragraphs (3)(a) and (b).
  135         (5)ADMISSION OF LIABILITY OR HARM.—Providing notice under
  136  subsection (3) does not constitute an admission of liability or
  137  harm.
  138         (6)VIOLATIONS.—For failure to provide the notification
  139  required by paragraph (3)(a), the owner or operator shall be
  140  subject to the civil penalties specified in s. 403.121.
  141         (7)ADOPTION OF RULES.—The department shall adopt rules
  142  necessary to administer the provisions of this section.
  143         Section 4. Present paragraph (f) of subsection (4) of
  144  section 403.121, Florida Statutes, is redesignated as paragraph
  145  (g), and a new paragraph (f) is added to that subsection, to
  146  read:
  147         403.121 Enforcement; procedure; remedies.—The department
  148  shall have the following judicial and administrative remedies
  149  available to it for violations of this chapter, as specified in
  150  s. 403.161(1).
  151         (4) In an administrative proceeding, in addition to the
  152  penalties that may be assessed under subsection (3), the
  153  department shall assess administrative penalties according to
  154  the following schedule:
  155         (f) For failure to provide required notice pursuant to s.
  156  403.078, up to $10,000 per day for each day an installation
  157  owner or operator is in violation of the section.
  158         Section 5. This act shall take effect July 1, 2017.