Fla. Stat. § 376.011
Pollutant Discharge Prevention and Control Act; short title
Sections 376.011-376.21 shall be known as the “Pollutant Discharge Prevention and Control Act.”
Florida Statutes Chapter 376 — POLLUTANT DISCHARGE PREVENTION AND REMOVAL
Florida · statute · Fla. Stat. ch. 376 · 77 active provisions
Fla. Stat. § 376.021
Legislative intent with respect to pollution of coastal waters and lands
(1) The Legislature finds and declares that the highest and best use of the seacoast of the state is as a source of public and private recreation.(2) The Legislature further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effecti…
Fla. Stat. § 376.031
Definitions; ss. 376.011-376.21
When used in ss. 376.011-376.21, unless the context clearly requires otherwise, the term:(1) “Barrel” means 42 U.S. gallons at 60 degrees Fahrenheit.(2) “Board” means the board of arbitration.(3) “Bulk product facility” means a waterfront location with at least one aboveground tank with a capacity greater than 30,000 g…
Fla. Stat. § 376.041
Pollution of waters and lands of the state prohibited
The discharge of pollutants into or upon any coastal waters, estuaries, tidal flats, beaches, and lands adjoining the seacoast of the state in the manner defined by ss. 376.011-376.21 is prohibited.
Fla. Stat. § 376.051
Powers and duties of the Department of Environmental Protection
(1) The powers and duties conferred by ss. 376.011-376.21 shall be exercised by the department and shall be deemed to be an essential governmental function in the exercise of the police power of the state. The department may call upon any other state agency for consultative services and technical advice and the agencie…
Fla. Stat. § 376.065
Operation of terminal facility without discharge prevention and response certificate prohibited; penalty
(1) Every owner or operator of a terminal facility shall obtain a discharge prevention and response certificate issued by the department. Terminal facilities which are vessels, motor vehicles, rolling stock, pipelines, equipment, or other related appurtenances may, at the discretion of the owner or operator, be covered…
Fla. Stat. § 376.07
Regulatory powers of department; penalties for inadequate booming by terminal facilities
(1) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement ss. 376.011-376.21.(2) The department shall adopt rules including, but not limited to, the following matters:(a) Operation and inspection requirements for discharge prevention, abatement, and cleanup capabilities of terminal facilit…
Fla. Stat. § 376.0705
Development of training programs and educational materials
The department shall encourage the development of training programs for personnel needed for pollutant discharge prevention and cleanup activities. The department shall work with accredited community colleges, career centers, state universities, and private institutions in developing educational materials, courses of s…
Fla. Stat. § 376.071
Discharge contingency plan for vessels
(1) Any vessel operating in state waters with a storage capacity to carry 10,000 gallons or more of pollutants as fuel or cargo shall maintain an adequate written ship-specific discharge prevention and control contingency plan. Any such vessel shall have on board a “discharge officer,” designated by the contingency pla…
Fla. Stat. § 376.09
Removal of prohibited discharges
(1) Any person discharging pollutants as prohibited by s. 376.041 shall immediately undertake to contain, remove, and abate the discharge to the department’s satisfaction. Notwithstanding the above requirement, the department may undertake the removal of the discharge and may contract and retain agents who shall operat…
Fla. Stat. § 376.10
Personnel and equipment
The department shall establish and maintain at such ports within the state and other places as it shall determine such employees and equipment as in its judgment may be necessary to carry out the provisions of ss. 376.011-376.21. The department may employ and prescribe the duties of such employees, subject to the rules…
Fla. Stat. § 376.11
Florida Coastal Protection Trust Fund
(1) The purpose of this section is to provide a mechanism to have financial resources immediately available for prevention of, and cleanup and rehabilitation after, a pollutant discharge, to prevent further damage by the pollutant, and to pay for damages. It is the legislative intent that this section be liberally cons…
Fla. Stat. § 376.12
Liabilities and defenses of responsible parties; liabilities of third parties; financial security requirements for vessels; liability of cargo owners; notification requirements
(1) LIABILITY FOR CLEANUP COSTS.—Because it is the intent of ss. 376.011-376.21 to provide the means for rapid and effective cleanup and to minimize cleanup costs and damages, any responsible party who permits or suffers a prohibited discharge or other polluting condition to take place within state boundaries shall be…
Fla. Stat. § 376.121
Liability for damage to natural resources
The Legislature finds that extensive damage to the state’s natural resources is the likely result of a pollutant discharge and that it is essential that the state adequately assess and recover the cost of such damage from responsible parties. It is the state’s goal to recover the costs of restoration from the responsib…
Fla. Stat. § 376.123
Claims against the Florida Coastal Protection Trust Fund
(1) A person making a claim against the fund may not have such claim approved during the pendency of a judicial or other proceeding by the person to recover costs or damages which are the subject of the claim.(2)(a) Whenever the department has designated a vessel or terminal facility as a source of a moderate or major…
Fla. Stat. § 376.13
Emergency proclamation; Governor’s powers
(1) Whenever any emergency exists or appears imminent, arising from the discharge of oil, petroleum products or their byproducts, or any other pollutants, the Governor shall by proclamation declare the fact and that a state of emergency exists in any or all sections of the state. If the Governor is unavailable, the Lie…
Fla. Stat. § 376.14
Vessels; financial responsibility; claims against providers of financial responsibility; service of process against responsible parties
(1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in Florida shall be required to establish and maintain evidence of financial responsibility pursuant to federal laws and regulations. Such evidence of financial responsibility shall be the only evidence required by the depa…
Fla. Stat. § 376.16
Enforcement and penalties
(1) It is unlawful for any person to violate ss. 376.011-376.21 or any rule or order of the department made pursuant to this act. A violation is punishable by a civil penalty of up to $75,000 per violation per day to be assessed by the department. Each day during any portion of which the violation occurs constitutes a…
Fla. Stat. § 376.165
“Hold-harmless” agreements prohibited
Any agreement entered into after July 1, 1974, to “hold-harmless” a vessel or terminal facility from liability for the occurrence of a discharge prohibited by ss. 376.011-376.21, agreed to by a governmental agency or political subdivision, is deemed contrary to public policy and is hereby prohibited.
Fla. Stat. § 376.19
County and municipal ordinances; powers limited
Nothing in ss. 376.011-376.21 shall be construed to deny any county or municipality authority to exercise police powers by ordinance or law under any general or special act, and laws and ordinances promulgated in furtherance of the intent of ss. 376.011-376.21 to promote the general welfare, public health, and public s…
Fla. Stat. § 376.20
Limitation on application
Nothing in ss. 376.011-376.21 shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the state pursuant to either a federal or state permit.
Fla. Stat. § 376.205
Individual cause of action for damages under ss. 376.011-376.21
The remedies in this act shall be deemed to be cumulative and not exclusive. Nothing in this act shall require pursuit of any claim against the fund as a condition precedent to any remedy against a responsible party. Notwithstanding any other provision of law, any person may bring a cause of action against a responsibl…
Fla. Stat. § 376.207
Traps impregnated with pollutants prohibited
No person shall, within the territorial limits of the state, impregnate with a pollutant any lobster trap or other trap used to take saltwater products. After July 31, 1996, no person shall deposit into the waters of the state any trap that has been impregnated with a pollutant.
Fla. Stat. § 376.21
Construction of ss. 376.011-376.21
Sections 376.011-376.21, being necessary for the general welfare and the public health and safety of the state and its inhabitants, shall be liberally construed to effect the purposes set forth under ss. 376.011-376.21 and the Federal Water Pollution Control Act, as amended.
Fla. Stat. § 376.25
Gambling vessels; registration; required and prohibited releases
(1) SHORT TITLE.—This section may be cited as the “Clean Ocean Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Berth” means a site in this state where a gambling vessel moors to embark or disembark its passengers.(b) “Coastline” has the same meaning as in the Submerged Lands Act, 43 U.S.C. ss. 1301 et seq.…
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