Florida Senate - 2019                                    SB 1330
       By Senator Cruz
       18-01037A-19                                          20191330__
    1                        A bill to be entitled                      
    2         An act relating to public notification of pollution;
    3         amending s. 403.077, F.S.; defining the term “local
    4         governmental entity”; redefining the term “reportable
    5         pollution release”; requiring the Department of
    6         Environmental Protection to publish certain notices
    7         received from the Department of Health or a
    8         governmental entity on a website accessible to the
    9         public; requiring the department to provide a written
   10         notice to certain homeowners via the United States
   11         Postal Service; requiring the Department of Health or
   12         a local governmental entity to notify the owner or
   13         operator of an installation and the department of
   14         certain releases or discharges within a specified
   15         timeframe; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 403.077, Florida Statutes, is amended to
   20  read:
   21         403.077 Public notification of pollution.—
   22         (1) DEFINITIONS DEFINITION.—As used in this section, the
   23  term:
   24         (a) “Local governmental entity” means a county, a
   25  municipality, or any other entity that independently exercises
   26  governmental authority.
   27         (b) “Reportable pollution release” means the release or
   28  discharge of:
   29         1. A substance from an installation to the air, land, or
   30  waters of the state which is discovered by the owner or operator
   31  of the installation, which is not authorized by law, and which
   32  is reportable to the State Watch Office within the Division of
   33  Emergency Management pursuant to any department rule, permit,
   34  order, or variance;.
   35         2. A measurable level of perfluorooctanoic acid or
   36  perfluorooctanesulfonic acid from an installation to the land or
   37  waters of the state which is discovered by the installation
   38  owner or operator, the department, or a local governmental
   39  entity; or
   40         3.Any other physical, biological, chemical, or
   41  radiological substance or matter in the air, the land, or the
   42  waters of the state, which:
   43         a.Is discovered by the installation owner or operator, the
   44  department, the Department of Health, or a local governmental
   45  entity; and
   46         b.If it impacted a water system, would result in a
   47  violation of water quality standards adopted by the department
   48  or the Department of Health.
   50         (a) In the event of a reportable pollution release, an
   51  owner or operator of the installation at which the reportable
   52  pollution release occurs must provide to the department
   53  information reported to the State Watch Office within the
   54  Division of Emergency Management pursuant to any department
   55  rule, permit, order, or variance, within 24 hours after the
   56  owner’s or operator’s discovery of such reportable pollution
   57  release.
   58         (b) If multiple parties are subject to the notification
   59  requirements based on a single reportable pollution release, a
   60  single notification made by one party in accordance with this
   61  section constitutes compliance on behalf of all parties subject
   62  to the requirement. However, if the notification is not made in
   63  accordance with this section, the department may pursue
   64  enforcement against all parties subject to the requirement.
   65         (c) If, after providing notice pursuant to paragraph (a),
   66  the owner or operator of the installation determines that a
   67  reportable pollution release did not occur or that an amendment
   68  to the notice is warranted, the owner or operator may submit a
   69  letter to the department documenting such determination.
   70         (d) If, after providing notice pursuant to paragraph (a),
   71  the installation owner or operator discovers that a reportable
   72  pollution release has migrated outside the property boundaries
   73  of the installation, the owner or operator must provide an
   74  additional notice to the department that the release has
   75  migrated outside the property boundaries within 24 hours after
   76  its discovery of the migration outside of the property
   77  boundaries.
   79         (a) The department shall publish on a website accessible to
   80  the public all notices submitted by an owner or operator
   81  pursuant to subsection (2) or by the Department of Health or a
   82  local governmental entity pursuant to subsection (4) within 24
   83  hours after receipt.
   84         (b) The department shall create an electronic mailing list
   85  for such notices and allow the public, including local
   86  governments, health departments, news media, and other
   87  interested persons, to subscribe to and receive periodic direct
   88  announcement of any notices submitted pursuant to subsection
   89  (2). The department shall establish regional electronic mailing
   90  lists, such as by county or district boundaries, to allow
   91  subscribers to determine the notices they wish to receive by
   92  geographic area.
   93         (c) The department shall establish an e-mail address and an
   94  online form as options for owners and operators to provide the
   95  notice specified in subsection (2). The online form may not
   96  require the submission of information in addition to what is
   97  required for submission pursuant to paragraph (2)(a).
   98         (d) In addition to the electronic mailing list required
   99  under paragraph (b), the department shall provide direct notice
  100  of the information received under paragraph (a) to homeowners
  101  who have private wells within a 1-mile radius of a reported
  102  release or discharge. Such notice must be in writing and
  103  delivered via the United States Postal Service.
  104         (e)(d) The department shall adopt rules necessary to
  105  implement the requirements of this subsection.
  107  OBLIGATIONS.—If the Department of Health or a local governmental
  108  entity discovers a reportable pollution release, the Department
  109  of Health or the local governmental entity shall notify the
  110  installation owner or operator and the department within 24
  111  hours after such discovery.
  112         (5)(4) ADMISSION OF LIABILITY OR HARM.—Providing notice
  113  under subsection (2) does not constitute an admission of
  114  liability or harm.
  115         (6)(5) VIOLATIONS.—Failure to provide the notification
  116  required by subsection (2) shall subject the owner or operator
  117  to the civil penalties specified in s. 403.121.
  118         Section 2. This act shall take effect July 1, 2019.