Bill Text: FL S0492 | 2020 | Regular Session | Introduced
Bill Title: Public Notification of Pollution
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-03-14 - Died in Environment and Natural Resources [S0492 Detail]
Download: Florida-2020-S0492-Introduced.html
Florida Senate - 2020 SB 492 By Senator Cruz 18-00763-20 2020492__ 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 local 8 governmental entity on a website accessible to the 9 public; requiring the Department of Environmental 10 Protection to provide a written notice to certain 11 homeowners via the United States Postal Service; 12 requiring the Department of Health and a local 13 governmental entity to notify the owner or operator of 14 an installation and the Department of Environmental 15 Protection of certain releases or discharges within a 16 specified timeframe; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 403.077, Florida Statutes, is amended to 21 read: 22 403.077 Public notification of pollution.— 23 (1) DEFINITIONSDEFINITION.—As used in this section, the 24 term: 25 (a) “Local governmental entity” means a county, a 26 municipality, or any other entity that independently exercises 27 governmental authority. 28 (b) “Reportable pollution release” means the release or 29 discharge of: 30 1. A substance from an installation to the air, land, or 31 waters of the state which is discovered by the owner or operator 32 of the installation, which is not authorized by law, and which 33 is reportable to the State Watch Office within the Division of 34 Emergency Management pursuant to any department rule, permit, 35 order, or variance;.36 2. A measurable level of perfluorooctanoic acid or 37 perfluorooctanesulfonic acid from an installation to the land or 38 waters of the state which is discovered by the installation 39 owner or operator, the department, or a local governmental 40 entity; or 41 3. Any other physical, biological, chemical, or 42 radiological substance or matter in the air, land, or waters of 43 the state which: 44 a. Is discovered by the installation owner or operator, the 45 department, the Department of Health, or a local governmental 46 entity; and 47 b. If it impacted a water system, would result in a 48 violation of water quality standards adopted by the department 49 or the Department of Health. 50 (2) OWNER AND OPERATOR RESPONSIBILITIES.— 51 (a) In the event of a reportable pollution release, an 52 owner or operator of the installation at which the reportable 53 pollution release occurs must provide to the department 54 information reported to the State Watch Office within the 55 Division of Emergency Management pursuant to any department 56 rule, permit, order, or variance, within 24 hours after the 57 owner’s or operator’s discovery of such reportable pollution 58 release. 59 (b) If multiple parties are subject to the notification 60 requirements based on a single reportable pollution release, a 61 single notification made by one party in accordance with this 62 section constitutes compliance on behalf of all parties subject 63 to the requirement. However, if the notification is not made in 64 accordance with this section, the department may pursue 65 enforcement against all parties subject to the requirement. 66 (c) If, after providing notice pursuant to paragraph (a), 67 the owner or operator of the installation determines that a 68 reportable pollution release did not occur or that an amendment 69 to the notice is warranted, the owner or operator may submit a 70 letter to the department documenting such determination. 71 (d) If, after providing notice pursuant to paragraph (a), 72 the installation owner or operator discovers that a reportable 73 pollution release has migrated outside the property boundaries 74 of the installation, the owner or operator must provide an 75 additional notice to the department that the release has 76 migrated outside the property boundaries within 24 hours after 77 its discovery of the migration outside of the property 78 boundaries. 79 (3) DEPARTMENT RESPONSIBILITIES.— 80 (a) The department shall publish on a website accessible to 81 the public all notices submitted by an owner or operator 82 pursuant to subsection (2) or by the Department of Health or a 83 local governmental entity pursuant to subsection (4) within 24 84 hours after receipt. 85 (b) The department shall create an electronic mailing list 86 for such notices and allow the public, including local 87 governments, health departments, news media, and other 88 interested persons, to subscribe to and receive periodic direct 89 announcement of any notices submitted pursuant to subsection 90 (2). The department shall establish regional electronic mailing 91 lists, such as by county or district boundaries, to allow 92 subscribers to determine the notices they wish to receive by 93 geographic area. 94 (c) The department shall establish an e-mail address and an 95 online form as options for owners and operators to provide the 96 notice specified in subsection (2). The online form may not 97 require the submission of information in addition to what is 98 required for submission pursuant to paragraph (2)(a). 99 (d) In addition to the electronic mailing list required 100 under paragraph (b), the department shall provide direct notice 101 of the information received under paragraph (a) to homeowners 102 who have private wells within a 1-mile radius of a reported 103 release or discharge. Such notice must be in writing and 104 delivered via the United States Postal Service. 105 (e)(d)The department shall adopt rules necessary to 106 implementthe requirements ofthis subsection. 107 (4) DEPARTMENT OF HEALTH AND LOCAL GOVERNMENTAL ENTITY 108 OBLIGATIONS.—If the Department of Health or a local governmental 109 entity discovers a reportable pollution release, the Department 110 of Health or the local governmental entity shall notify the 111 installation owner or operator and the department within 24 112 hours after such discovery. 113 (5)(4)ADMISSION OF LIABILITY OR HARM.—Providing notice 114 under subsection (2) does not constitute an admission of 115 liability or harm. 116 (6)(5)VIOLATIONS.—Failure to provide the notification 117 required by subsection (2) shall subject the owner or operator 118 to the civil penalties specified in s. 403.121. 119 Section 2. This act shall take effect July 1, 2020.