Florida Senate - 2017                              CS for SB 532
       By the Committee on Environmental Preservation and Conservation;
       and Senators Galvano, Stewart, Benacquisto, Rouson, Book, and
       592-02187-17                                           2017532c1
    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 pollution release”;
   11         requiring an owner or operator of an installation at
   12         which a reportable pollution release occurred to
   13         provide certain information to the department within
   14         24 hours after the discovery of a reportable pollution
   15         release; authorizing the owner or operator to amend
   16         such notice; specifying compliance and enforcement
   17         requirements; requiring owners or operators to provide
   18         notice when a reportable pollution release migrates
   19         outside the property boundaries of the installation;
   20         requiring the department to publish such information
   21         in a specified manner; requiring the department to
   22         establish an electronic mailing list; requiring the
   23         department to provide a reporting form and e-mail
   24         address for such notice; specifying that providing a
   25         notice does not constitute an admission of liability
   26         or harm; specifying penalties for violations;
   27         requiring the department to adopt rules; amending s.
   28         403.121, F.S.; specifying penalties for failure to
   29         provide required notice; 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, land, and water of
   46  this 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 pollution release” means the release or discharge of
   62  a substance from an installation to the air, land, or waters of
   63  the state which is discovered by the owner or operator of the
   64  installation, which is not authorized by law, and which is:
   65         (a)Reportable to the State Watch Office within the
   66  Division of Emergency Management pursuant to department rules,
   67  permit, order, or variance;
   68         (b)Reportable to the department or a contracted county
   69  pursuant to department rules governing storage tank systems
   70  under ss. 376.303, 376.321, and 376.322;
   71         (c)Reportable to the department pursuant to department
   72  rules requiring notice for noncompliance from underground
   73  injection control systems where such noncompliance may endanger
   74  public health or the environment and has the potential to
   75  contaminate potable water wells outside the property boundaries
   76  of the installation;
   77         (d)A hazardous substance at or above the quantity
   78  established in Table 302.4 of 40 C.F.R. s. 302.4, revised as of
   79  July 1, 2016, for such substance, for which notification is
   80  required by 40 C.F.R. s. 302.6; or
   81         (e)An extremely hazardous substance pursuant to 40 C.F.R.
   82  s. 355.61, at or above the quantity established in Appendices A
   83  and B of 40 C.F.R. part 355, revised as of July 1, 2016, for
   84  such substance, for which notice is required by 40 C.F.R. s.
   85  355.33.
   87         (a)In the event of a reportable pollution release, any
   88  person who is an owner or operator of the installation at which
   89  the reportable pollution release occurred must provide a notice
   90  containing the following information, to the extent known at the
   91  time of such notice, to the department within 24 hours after its
   92  discovery:
   93         1.The name and address of the installation where the
   94  reportable pollution release occurred.
   95         2.The name and title of the reporting person and the
   96  nature of his or her relationship to the installation.
   97         3.The identification numbers for any active department
   98  permits, variances, registrations, or orders that are relevant
   99  to the reportable pollution release.
  100         4.The name and telephone number of a contact person for
  101  further information.
  102         5.The substance released.
  103         6.The estimated quantity of the substance released and, if
  104  applicable, the estimated quantity that has since been
  105  recovered.
  106         7.The cause of the release.
  107         8.The source of the release.
  108         9.The location of the release.
  109         10.The date, time, and duration of the release.
  110         11.The medium into which the substance was released,
  111  including, but not limited to, the outdoor air, land,
  112  groundwater, aquifer, or specified waters or wetlands.
  113         12.Whether the released substance has migrated to land or
  114  waters of the state outside the property boundaries of the
  115  installation and the location of such migration.
  116         13.To the extent available, toxicological information
  117  associated with the substance released as specified on a safety
  118  data sheet or comparable source published by the Occupational
  119  Safety and Health Administration or the Centers for Disease
  120  Control and Prevention, or their successor agencies.
  122  The owner or operator may also include in the notice any other
  123  information he or she wishes in order to assist in the
  124  protection of the public health, safety, and welfare.
  125         (b)If multiple parties are subject to the notification
  126  requirements based on a single reportable pollution release, a
  127  single notification made by one party in accordance with this
  128  section constitutes compliance on behalf of all parties subject
  129  to the requirement. However, if the notification is not made in
  130  accordance with this section, the department may pursue
  131  enforcement against all parties subject to the requirement.
  132         (c)If, after providing notice pursuant to paragraph (a),
  133  the installation owner or operator determines that a reportable
  134  pollution release did not occur or that an amendment to the
  135  notice is warranted, the installation owner or operator may
  136  submit a letter to the department documenting such
  137  determination.
  138         (d)If, after providing notice under paragraph (a), the
  139  installation owner or operator determines that a release subject
  140  to the noticing requirements of this act has migrated outside
  141  the property boundaries of the installation, the owner or
  142  operator, within 24 hours after such discovery, must provide an
  143  additional notice to the department. Such notice must comply
  144  with the requirements of paragraph (a) and specify the extent of
  145  the migration outside the property boundaries.
  147         (a)The department shall publish on a website accessible to
  148  the public all notices submitted by an owner or operator
  149  pursuant to subsection (2) within 24 hours of receipt.
  150         (b)The department shall create an electronic mailing list
  151  for such notices and allow the public, including local
  152  governments, health departments, news media, and other
  153  interested persons, to subscribe to and receive periodic direct
  154  announcement of any notices submitted pursuant to subsection
  155  (2). The department shall establish regional electronic mailing
  156  lists, such as by county or district boundaries, to allow
  157  subscribers to determine the notices they wish to receive by
  158  geographic area.
  159         (c)The department shall establish an e-mail address and an
  160  online form as options for owners and operators to provide the
  161  notice specified in paragraphs (2)(a) and (b).
  162         (4)ADMISSION OF LIABILITY OR HARM.—Providing notice under
  163  subsection (2) does not constitute an admission of liability or
  164  harm.
  165         (5)VIOLATIONS.—For failure to provide the notification
  166  required by paragraphs (2)(a) or (2)(d), the owner or operator
  167  shall be subject to the civil penalties specified in s. 403.121.
  168         (6)ADOPTION OF RULES.—The department shall adopt rules
  169  necessary to administer the provisions of this section.
  170         Section 4. Present paragraph (f) of subsection (4) of
  171  section 403.121, Florida Statutes, is redesignated as paragraph
  172  (g), and a new paragraph (f) is added to that subsection, to
  173  read:
  174         403.121 Enforcement; procedure; remedies.—The department
  175  shall have the following judicial and administrative remedies
  176  available to it for violations of this chapter, as specified in
  177  s. 403.161(1).
  178         (4) In an administrative proceeding, in addition to the
  179  penalties that may be assessed under subsection (3), the
  180  department shall assess administrative penalties according to
  181  the following schedule:
  182         (f) For failure to provide required notice pursuant to s.
  183  403.078, up to $10,000 per day for each day an installation
  184  owner or operator is in violation of the section.
  185         Section 5. This act shall take effect July 1, 2017.