reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.726 - Abatement of imminent hazard caused by hazardous substance.

403.726 Abatement of imminent hazard caused by hazardous substance.—
(1) The Legislature finds that hazardous waste which has been improperly generated, transported, disposed of, stored, or treated may pose an imminent hazard to the public health, safety, and welfare and the environment.
(2) The department shall take any action necessary pursuant to s. 403.121 or s. 403.131 to abate or substantially reduce any imminent hazard caused by a hazardous substance, including a spill into the environment of a hazardous substance. The department is authorized to use moneys from the Water Quality Assurance Trust Fund to finance such actions, and such expenditures from the fund shall be recoverable pursuant to s. 376.307.
(3) An imminent hazard exists if any hazardous substance creates an immediate and substantial danger to human health, safety, or welfare or to the environment. The department may institute action in its own name, using the procedures and remedies of s. 403.121 or s. 403.131, to abate an imminent hazard. However, the department is authorized to recover a civil penalty of not more than $37,500 for each day of continued violation. Whenever serious harm to human health, safety, and welfare; the environment; or private or public property may occur before completion of an administrative hearing or other formal proceeding that might be initiated to abate the risk of serious harm, the department may obtain, ex parte, an injunction without paying filing and service fees before the filing and service of process.
(4) The department may implement the provisions of chapter 386 in its own name whenever a hazardous substance is being generated, transported, disposed of, stored, or treated in violation of those provisions of law.
(5) The department may issue a permit or order requiring prompt abatement of an imminent hazard.
(6) The department may remove or dispose of any hazardous substance which has become an imminent hazard, or take any other emergency action, when the owner or operator of a hazardous waste facility or a generator or transporter of a hazardous substance does not take appropriate action to abate or neutralize the hazard.
(7) Where a hazardous substance is discharged into waters of the state and abatement action is taken pursuant to this section, the department may require that the affected body of water be restored to meet, but not exceed, either the standards established by department rule for that particular body of water or ambient water quality prior to the discharge, whichever is higher. However, under no circumstances would the subject water have to be restored to a more pure state than ambient water quality prior to the discharge.
History.—s. 8, ch. 80-302; s. 36, ch. 84-338; s. 4, ch. 95-144; s. 68, ch. 96-321; s. 38, ch. 2000-153; s. 25, ch. 2007-184; s. 22, ch. 2020-158; s. 29, ch. 2021-51.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.7264 - Amnesty days for purging small quantities of hazardous wastes.

403.7264 Amnesty days for purging small quantities of hazardous wastes.—Amnesty days are authorized by the state for the purpose of purging small quantities of hazardous waste, free of charge, from the possession of homeowners, farmers, schools, state agencies, and small businesses. These entities have no appropriate economically feasible mechanism for disposing of their hazardous wastes at the present time. In order to raise public awareness on this issue, provide an educational process, accommodate those entities which have a need to dispose of small quantities of hazardous waste, and preserve the waters of the state, amnesty days shall be carried out in the following manner:
(1)(a) The department shall administer and supervise amnesty days and shall contract with a department-approved, bonded waste handling company for implementation. The waste collected from the entities named in this section shall be transported out of the state for proper disposal at a federally approved facility.
(b) If a local government has established a local or regional hazardous waste collection center pursuant to s. 403.7265(2) and such center is in operation, the department and the local government may enter into a contract whereby the local government shall administer and supervise amnesty days. If a contract is entered into, the department shall provide to the local government, from funds appropriated to the department for amnesty days, an amount of money as determined by the department that is equal to the amount of money that would have been spent by the department to administer and supervise amnesty days in the local government’s area. A local government that wishes to administer and supervise amnesty days shall notify the department at least 30 days prior to the beginning of the state fiscal year during which the amnesty days are scheduled to be held in the local government’s area.
(2) The department shall establish maximum amounts of hazardous waste to be accepted from any one entity during amnesty days. Amnesty days shall continue, at no cost to participants reporting with less than 100 pounds of hazardous waste, until funds appropriated by the Legislature for this purpose have been exhausted.
(3) Local governments are required to participate in the program by selecting a highly visible site for amnesty days, publicizing the event, and sending a representative to work at amnesty days activities when they occur.
(4) Amnesty days shall be funded on a continuing basis, as needed, from the Water Quality Assurance Trust Fund. The department is authorized to use up to 5 percent of the funds appropriated for amnesty days for administrative costs and up to 5 percent of such funds for public education related to amnesty days.
History.—s. 34, ch. 83-310; s. 37, ch. 84-338; s. 39, ch. 86-186; s. 7, ch. 88-393; s. 413, ch. 94-356; s. 51, ch. 2009-21; s. 26, ch. 2015-30.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.728 - Qualifications of operation personnel of hazardous waste facilities.

403.728 Qualifications of operation personnel of hazardous waste facilities.—The owner and operator of a hazardous waste facility shall employ persons who are adequately trained, or who are registered in a training program, to operate and maintain a hazardous waste facility. The department may develop and conduct onsite or classroom training programs for persons who operate or maintain hazardous waste facilities. The department may do so through its employees or by contract. The program may include training in personal and public safety, emergency measures, properties of the waste, and such other items as the department deems necessary.
History.—s. 8, ch. 80-302.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.74 - Management of hazardous materials by governmental agencies.

403.74 Management of hazardous materials by governmental agencies.—
(1) For the purposes of this section, “hazardous materials” are those substances which are:
(a) Listed as constituents of waste streams F001, F002, F003, F004, and F005 in 40 C.F.R. s. 261.31, or
(b) Listed in 40 C.F.R. s. 261.33, including those substances which are “pesticides” as defined by s. 487.021.
(2) Every local, state, or other governmental agency and every institution of the State University System that disposes of hazardous materials shall:
(a) Notify the department of the type and approximate annual quantity of each hazardous material that is generated.
(b) Notify the department of the management practices used for disposal of its hazardous materials.
(3) Each such agency shall develop written plans for the management of the disposal of hazardous material.
(4) Each such agency shall develop plans for spill prevention control and countermeasures for hazardous materials incidents.
(5) Hazardous materials which are used by governmental agencies in annual quantities of less than 1 kilogram, except for those hazardous materials which are listed because of reactivity, are exempt from this section.
History.—s. 36, ch. 83-310; s. 39, ch. 84-338; s. 56, ch. 85-81; s. 35, ch. 92-115; s. 415, ch. 94-356.
Note.—Former s. 501.118.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.75 - Definitions relating to used oil.

403.75 Definitions relating to used oil.—As used in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, the term:
(1) “Public used oil collection center” means:
(a) Automotive service facilities or governmentally sponsored collection facilities, which in the course of business accept for disposal small quantities of used oil from households; and
(b) Facilities which store used oil in aboveground tanks, which are approved by the department, and which in the course of business accept for disposal small quantities of used oil from households.
(2) “Department” means the Department of Environmental Protection.
(3) “Person” means any individual, private or public corporation, partnership, cooperative, association, estate, political subdivision, or governmental agency or instrumentality.
(4) “Processing” means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specifications, filtration, simple distillation, chemical or physical separation and rerefining.
(5) “Recycling” means to prepare used oil for reuse as a petroleum product by rerefining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product made from new oil.
(6) “Rerefining” means the use of refining processes on used oil to produce high-quality base stocks for lubricants or other petroleum products. Rerefining may include distillation, hydrotreating, or treatments employing acid, caustic, solvent, clay, or other chemicals, or other physical treatments.
(7) “Used oil” means any oil which has been refined from crude oil or synthetic oil and, as a result of use, storage, or handling, has become contaminated and unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.
History.—s. 57, ch. 84-338; s. 25, ch. 88-130; s. 46, ch. 93-207; s. 416, ch. 94-356.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.751 - Prohibited actions; used oil.

403.751 Prohibited actions; used oil.—
(1)(a) No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which endangers the public health or welfare.
(b) No person may discharge used oil into sewers, drainage systems, septic tanks, surface or ground waters, watercourses, or marine waters.
(c) No person may mix or commingle used oil with solid waste that is to be disposed of in landfills or directly dispose of used oil in landfills in Florida unless approved by the department.
(d) Any person who unknowingly disposes into a landfill any used oil which has not been properly segregated or separated from other solid wastes by the generator is not guilty of a violation under this act.
(e) No person may mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use.
(2) Used oil shall not be used for road oiling, dust control, weed abatement, or other similar uses that have the potential to release used oil into the environment.
History.—s. 58, ch. 84-338; s. 26, ch. 88-130.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.753 - Public educational program about collection and recycling of used oil.

403.753 Public educational program about collection and recycling of used oil.—The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil and shall:
(1) Encourage persons who annually sell at retail, in containers for use off the premises, more than 500 gallons of oil to provide the purchasers with information on the locations of collection facilities and information on proper disposal practices.
(2) Establish, maintain, and publicize a used oil information center that disperses materials or information explaining local, state, and federal laws and rules governing used oil and informing the public of places and methods for proper disposal of used oil.
(3) Encourage the voluntary establishment of used oil collection and recycling programs and provide technical assistance to persons who organize such programs.
(4) Encourage the procurement of recycled automotive, industrial, and fuel oils, and oils blended with recycled oils, for all state and local government uses. Recycled oils procured under this section shall meet equipment manufacturer’s specifications. A 5-percent price preference may be given in procuring these recycled products.
History.—s. 59, ch. 84-338; s. 27, ch. 88-130.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.7531 - Notice by retail dealer.

403.7531 Notice by retail dealer.—A retail dealer who annually sells directly to the public more than 500 gallons of oil in containers for use off-premises shall post in a prominent place the toll-free telephone number the public can call to learn the location of a public used oil collection center.
History.—s. 47, ch. 93-207.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.754 - Registration of persons transporting, processing, burning, or marketing used oil; fees; reports and records.

403.754 Registration of persons transporting, processing, burning, or marketing used oil; fees; reports and records.—
(1) The following persons shall register annually with the department pursuant to rules of the department on forms prescribed by it:
(a) Used oil transporters and transfer facilities. However, no registration will be issued by the department unless the requirements of s. 403.767 are met.
(b) Used oil processors and rerefiners. However, no registration will be issued by the department unless the requirements of s. 403.769 are met.
(c) Used oil burners.
(d) Used oil fuel marketers.
(2) An electric utility the operations of which generate used oil and which used oil is then reclaimed, recycled, or rerefined by the electric utility for use in its operations is not required to register or report pursuant to this section, but may be subject to other applicable federal or state rules pertaining to used oil processors and rerefiners.
(3) An onsite burner which only burns a specification used oil generated by such burner is not required to register or report pursuant to this section, provided that such burning is done in compliance with any air permits issued by the department, but may be subject to other applicable federal or state rules pertaining to used oil processors and rerefiners.
(4) The department may prescribe a fee for the registration required by this section in an amount which is sufficient to cover the cost of processing applications.
(5) The department shall require each registered person to submit, no later than March 1 of each year, a report which specifies the type and quantity of used oil transported, recycled, burned, or processed during the preceding calendar year.
(6) Each registered person who transports, processes, burns, or recycles used oil shall maintain records which identify at least:
(a) The source of the materials transported or recycled;
(b) The quantity of materials received;
(c) The date of receipt; and
(d) The destination or end use of the materials.
(7) The department shall perform technical studies to sample used oil at facilities of representative used oil transporters and at representative processing facilities to determine the incidence of contamination of used oil with hazardous, toxic, or other harmful substances.
History.—s. 60, ch. 84-338; s. 28, ch. 88-130; s. 48, ch. 93-207.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.7545 - Regulation of used oil as hazardous waste.

403.7545 Regulation of used oil as hazardous waste.—Nothing in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall prohibit the department from regulating used oil in a manner consistent with the United States Environmental Protection Agency, or as a hazardous waste in a manner consistent with s. 241 of the Hazardous and Solid Waste Amendments of 1984, Pub. L. No. 98-616.
History.—s. 42, ch. 86-186; s. 29, ch. 88-130; s. 49, ch. 93-207.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.757 - Coordination with other state agencies.

403.757 Coordination with other state agencies.—
(1) The department shall coordinate its activities and functions under ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, with the Department of Economic Opportunity and other state agencies to avoid duplication in reporting and information gathering.
(2) The nonprofit corporation established pursuant to s. 946.502 shall examine the feasibility of using used oil to fuel boilers and furnaces of state government buildings.
(3) The Department of Transportation shall examine the feasibility of using recycled oil products in road construction activities.
History.—s. 62, ch. 84-338; s. 30, ch. 88-130; s. 14, ch. 91-113; s. 292, ch. 2011-142.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.758 - Enforcement and penalty.

403.758 Enforcement and penalty.—
(1) Except as provided in subsection (2), the department may enforce ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, pursuant to ss. 403.121, 403.131, and 403.161.
(2) Any person who fails to register with the department as required by ss. 403.754 and 526.01, as amended by chapter 84-338, Laws of Florida, is subject to a fine of $300.
History.—s. 63, ch. 84-338; s. 31, ch. 88-130; s. 50, ch. 93-207.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.759 - Disposition of fees, fines, and penalties.

403.759 Disposition of fees, fines, and penalties.—The proceeds from the registration fees, fines, and penalties imposed by ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall be deposited into the Solid Waste Management Trust Fund for use by the department in implementing the provisions of ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida.
History.—s. 64, ch. 84-338; s. 32, ch. 88-130.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.760 - Public used oil collection centers.

403.760 Public used oil collection centers.—
(1) The department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs.
(2) All government agencies, and businesses that change motor oil for the public, are encouraged to serve as public used oil collection centers.
(3) A public used oil collection center must:
(a) Notify the department annually that it is accepting used oil from the public; and
(b) Annually report quantities of used oil collected from the public.
(4) The Department of Agriculture and Consumer Services shall assist the department in inspecting public used oil collection centers.
(5) No person may recover from the owner or operator of a used oil collection center any costs of response actions, as defined in s. 376.301, resulting from a release of either used oil or a hazardous substance or use the authority of ss. 376.307, 376.3071, and 403.724 against the owner or operator of a used oil collection center if such used oil is:
(a) Not mixed with any hazardous substance by the owner or operator of the used oil collection center;
(b) Not knowingly accepted with any hazardous substances contained therein;
(c) Transported from the used oil collection center by a certified transporter pursuant to s. 403.767;
(d) Stored in a used oil collection center that is in compliance with this section; and
(e) In compliance with s. 114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
This subsection applies only to that portion of the public used oil collection center used for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection center. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from a release of used oil or hazardous substances. For the purpose of this section, the owner or operator of a used oil collection center may presume that a quantity of no more than 5 gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, provided that such owner or operator acts in good faith.
History.—s. 33, ch. 88-130; s. 10, ch. 89-188.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.761 - Incentives program.

403.761 Incentives program.—
(1) The department is authorized to establish an incentives program for individuals who change their own oil to encourage them to return their used oil to a used oil collection center.
(2) The incentives used by the department may involve the use of discount or prize coupons, prize drawings, promotional giveaways, or other activities the department determines will promote collection, reuse, or proper disposal of used oil.
(3) The department may contract with a promotion company to administer the incentives program.
History.—s. 34, ch. 88-130.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.763 - Grants to local governments.

403.763 Grants to local governments.—
(1) The department shall develop a grants program for local governments to encourage the collection, reuse, and proper disposal of used oil. No grant may be made for any project unless such project is approved by the department.
(2) The department shall consider for grant assistance any local government project that uses one or more of the following programs or any activity that the department feels will reduce the improper disposal and reuse of used oil:
(a) Curbside pickup of used oil containers by a local government or its designee.
(b) Retrofitting of solid waste equipment to promote curbside pickup or disposal of used oil at used oil collection centers designated by the local government.
(c) Establishment of publicly operated used oil collection centers at landfills or other public places.
(d) Providing containers and other materials and supplies that the public can utilize in an environmentally sound manner to store used oil for pickup or return to a used oil collection center.
(e) Providing incentives for the establishment of privately operated public used oil collection centers.
(3) Eligible projects shall be funded according to provisions established by the department. However, in no case shall one grant exceed $25,000.
History.—s. 35, ch. 88-130; s. 22, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.767 - Certification of used oil transporters.

403.767 Certification of used oil transporters.—
(1) Any person who transports over public highways more than 500 gallons annually of used oil must be a certified transporter. This subsection does not apply to:
(a) Local governments or private solid waste haulers under contract to a local government that transport used oil collected from households to a public used oil collection center.
(b) Persons who transport less than 55 gallons of used oil at one time that is stored in tightly closed containers which are secured in a totally enclosed section of the transport vehicle.
(c) Persons who transport their own used oil, which is generated at their own noncontiguous facilities, to their own central collection facility for storage, processing, or energy recovery. However, such persons shall provide the same proof of liability insurance or other means of financial responsibility for liability which may be incurred in the transport of used oil as provided by certified transporters under subsection (3).
(2) The department shall develop a certification program for transporters of used oil and shall issue, deny, or revoke certifications authorizing the holder to transport used oil. Certification requirements shall help assure that a used oil transporter is familiar with appropriate rules and used oil management procedures.
(3) The department shall adopt rules governing certification, which shall include requirements for the following:
(a) Registration and annual reporting pursuant to s. 403.754.
(b) Evidence of familiarity with applicable state laws and rules governing used oil transportation.
(c) Proof of liability insurance or other means of financial responsibility for any liability which may be incurred in the transport of used oil.
History.—s. 36, ch. 88-130; s. 17, ch. 97-277; s. 30, ch. 2000-211.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.769 - Permits for used oil processing and rerefining facilities.

403.769 Permits for used oil processing and rerefining facilities.—
(1) Each person who intends to operate, modify, or close a used oil processing facility shall obtain an operation or closure permit from the department prior to operating, modifying, or closing the facility.
(2) The department shall develop a permitting system for used oil processing facilities after reviewing and considering the applicability of the permit system for hazardous waste treatment, storage, or disposal facilities.
(3) Permits shall not be required under this section for the burning of used oil as a fuel, provided:
(a) A valid department air permit is in effect for the facility; and
(b) The facility burns used oil in accordance with applicable United States Environmental Protection Agency regulations, local government regulations, and the requirements of its department air permit.
(4) No permit is required under this section for the use of used oil for the beneficiation or flotation of phosphate rock, but may be subject to other applicable federal or state used oil rules.
History.—s. 37, ch. 88-130; s. 51, ch. 93-207; s. 31, ch. 2000-211.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part IV - Resource Recovery and Management (Ss. 403.702-403.7721) › 403.7721 - Rule of construction; chs. 85-269 and 85-277.

403.7721 Rule of construction; chs. 85-269 and 85-277.—The provisions of chapters 85-269 and 85-277, Laws of Florida, shall be construed to supplement rather than to diminish or supersede the powers exercised by the department under chapter 376 and this chapter. In accordance with chapter 376 and this chapter, the department may fully exercise its authority under said chapters to collect information for other purposes and may coordinate such efforts with the information gathering duties imposed by chapters 85-269 and 85-277, where deemed practicable and advisable, in order to provide for cost-effective use of state resources.
History.—s. 15, ch. 85-269; s. 5, ch. 85-277; s. 417, ch. 94-356.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.801 - Short title.

403.801 Short title.—Chapter 75-22, Laws of Florida, shall be known and may be cited as the “Florida Environmental Reorganization Act of 1975.”
History.—s. 1, ch. 75-22.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.802 - Declaration of policy.

403.802 Declaration of policy.—Reasserting the policies of the Governmental Reorganization Act of 1969 and the Florida Environmental Reorganization Act of 1975 which recognize that structural reorganization should be a continuing process, and recognizing that many years have passed since the passage of those acts, it is the intent of the Legislature to promote more efficient, effective, and economical operation of certain environmental agencies by transferring decisionmaking authority to environmental district centers and delegating to the water management districts permitting functions related to water quality. Further, it is the intent of this act to promote proper administration of Florida’s landmark environmental laws.
History.—s. 2, ch. 75-22; s. 61, ch. 83-310.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.803 - Definitions.

403.803 Definitions.—When used in this act, the term, phrase, or word:
(1) “Branch office” means a geographical area, the boundaries of which may be established as a part of a district.
(2) “Canal” is a manmade trench, the bottom of which is normally covered by water with the upper edges of its sides normally above water.
(3) “Channel” is a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water.
(4) “Commission” means the Environmental Regulation Commission.
(5) “Department” means the Department of Environmental Protection.
(6) “District” or “environmental district” means one of the geographical areas, the boundaries of which are established pursuant to this act.
(7) “Drainage ditch” or “irrigation ditch” is a manmade trench dug for the purpose of draining water from the land or for transporting water for use on the land and is not built for navigational purposes.
(8) “Environmental district center” means the facilities and personnel which are centralized in each district for the purposes of carrying out the provisions of this act.
(9) “Headquarters” means the physical location of the offices of the secretary and the division directors of the department.
(10) “Insect control impoundment dikes” means artificial structures, including earthen berms, constructed and used to impound waters for the purpose of insect control.
(11) “Manager” means the head of an environmental district or branch office who shall supervise all environmental functions of the department within such environmental district or branch office.
(12) “Secretary” means the Secretary of Environmental Protection.
(13) “Standard” means any rule of the Department of Environmental Protection relating to air and water quality, noise, solid-waste management, and electric and magnetic fields associated with electrical transmission and distribution lines and substation facilities. The term “standard” does not include rules of the department which relate exclusively to the internal management of the department, the procedural processing of applications, the administration of rulemaking or adjudicatory proceedings, the publication of notices, the conduct of hearings, or other procedural matters.
(14) “Swale” means a manmade trench which:
(a) Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical;
(b) Contains contiguous areas of standing or flowing water only following a rainfall event;
(c) Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and
(d) Is designed to take into account the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge.
History.—s. 3, ch. 75-22; s. 62, ch. 83-310; s. 40, ch. 84-338; s. 9, ch. 86-173; s. 56, ch. 86-186; s. 422, ch. 94-356.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.804 - Environmental Regulation Commission; powers and duties.

403.804 Environmental Regulation Commission; powers and duties.—
(1) Except as provided in subsection (2) and s. 120.54(4), the commission, pursuant to s. 403.805(1), shall exercise the standard-setting authority of the department under this chapter; part II of chapter 373; and ss. 373.309(1)(e), 373.414(4) and (10), 373.4145(1)(a), 373.421(1), and 373.4592(4)(d)4. and (e). The commission, in exercising its authority, shall consider scientific and technical validity, economic impacts, and relative risks and benefits to the public and the environment. The commission shall not establish department policies, priorities, plans, or directives. The commission may adopt procedural rules governing the conduct of its meetings and hearings.
(2) The department shall have a study conducted of the economic and environmental impact which sets forth the benefits and costs to the public of any proposed standard that would be stricter or more stringent than one which has been set by federal agencies pursuant to federal law or regulation. Such study as is provided for in this subsection shall be submitted to the commission, which shall initially adopt the standard. Final action shall be by the Governor and Cabinet, who shall accept, reject, modify, or remand for further proceedings the standard within 60 days from the submission. Such review shall be appellate in nature. Hearings shall be in accordance with the provisions of chapter 120.
History.—s. 6, ch. 75-22; ss. 4, 5, ch. 80-66; s. 54, ch. 83-310; s. 41, ch. 84-338; s. 1, ch. 88-343; s. 3, ch. 95-295; s. 167, ch. 96-410; s. 41, ch. 2002-296; s. 95, ch. 2014-17.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.8051 - Small Business Air Pollution Compliance Advisory Council; members; duties.

403.8051 Small Business Air Pollution Compliance Advisory Council; members; duties.—
(1) The Small Business Air Pollution Compliance Advisory Council is created within the department. The council shall have seven members, appointed as follows:
(a) Two members who are not owners or representatives of owners of small business stationary sources, appointed by the Governor to represent the public.
(b) Two members, one each appointed by the President of the Senate and the Minority Leader of the Senate, who are owners or who represent owners of small business stationary sources.
(c) Two members, one each appointed by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives, who are owners or who represent owners of small business stationary sources.
(d) One member appointed by the Secretary of Environmental Protection to represent the department.
(2) The council shall:
(a) Render advice on the effectiveness of the department’s small business stationary air pollution source technical and environmental compliance assistance program, the difficulties encountered, and the degree and severity of enforcement.
(b) Review information for small business stationary air pollution sources to assure such information is understandable by the layperson.
(c) Make periodic reports to the administrator of the United States Environmental Protection Agency as required by federal law.
History.—s. 12, ch. 92-132; s. 423, ch. 94-356.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.8052 - Small Business Stationary Air Pollution Source Technical and Environmental Compliance Assistance Program.

403.8052 Small Business Stationary Air Pollution Source Technical and Environmental Compliance Assistance Program.—
(1) The department shall establish a technical and environmental compliance assistance program for small business stationary air pollution sources. The program shall assist such stationary sources in determining applicable permit requirements; collect and disseminate information concerning compliance methods and technologies; and provide information regarding pollution prevention and accidental release detection and prevention, including alternative technologies, process changes, products, and methods of operation that help reduce air pollution. For purposes of this section, a small business stationary air pollution source means a stationary source of air pollution which:
(a) Is owned or operated by a person who employs 100 or fewer individuals.
(b) Is a small business concern as defined in 15 U.S.C. s. 632.
(c) Is other than a major stationary source within the meaning of 42 U.S.C. s. 7602(j) or 42 U.S.C. subchapter I, part C or part D.
(d) Emits less than 50 tons per year of any regulated pollutant.
(e) Emits less than 75 tons per year of all regulated pollutants.
(2) The department shall designate a person with suitable technical qualifications as the head of the program. The program office shall serve as ombudsman for small business stationary air pollution sources in the implementation of s. 403.0872 by the department. The program office shall serve as the staff for the Small Business Air Pollution Compliance Advisory Council and shall assist in the development and dissemination of the reports and opinions of the council.
(3) The department shall establish, by rule, a notice procedure to ensure that small business stationary air pollution sources receive notice of their rights under s. 403.0872 in such a way as to provide reasonable and adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final rules or standards of the department.
(4) Any stationary source that does not meet the criteria of paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) may petition the department for inclusion in the program as a small business stationary air pollution source, if the source does not emit more than 100 tons per year of all regulated pollutants. The department shall establish, by rule, notice procedures to assure an opportunity for public comment on any petition filed under this subsection.
History.—s. 13, ch. 92-132; s. 2, ch. 93-94.
Note.—Former s. 403.0852.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.811 - Dredge and fill permits issued pursuant to this chapter and s. 373.414.

403.811 Dredge and fill permits issued pursuant to this chapter and s. 373.414.—Permits or other orders addressing dredging and filling in, on, or over waters of the state issued pursuant to this chapter or s. 373.414(9) before the effective date of rules adopted under s. 373.414(9) and permits or other orders issued in accordance with s. 373.414(13), (14), (15), or (16) shall remain valid through the duration specified in the permit or order, unless revoked by the agency issuing the permit. The agency issuing the permit or other order may seek to enjoin the violation of, or to enforce compliance with, the permit or other order as provided in ss. 403.121, 403.131, 403.141, and 403.161. A violation of a permit or other order addressing dredging or filling issued pursuant to this chapter is punishable by a civil penalty as provided in s. 403.141 or a criminal penalty as provided in s. 403.161.
History.—s. 37, ch. 93-213; s. 32, ch. 2020-158.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.812 - Dredge and fill permitting in stormwater management systems.

403.812 Dredge and fill permitting in stormwater management systems.—The department shall not require dredge and fill permits for stormwater management systems where such systems are located landward of the point of connection to waters of the state and are designed, constructed, operated, and maintained for stormwater treatment, flood attenuation, or irrigation. The waters within such systems, unless designed, constructed, operated, and maintained for in-water recreational uses, such as swimming and boating, shall not be considered waters of the state; however, if the system provides other incidental uses and is accessible to the public, then the department may require reasonable assurance that water quality within the system will not adversely impact public health, fish and wildlife in adjacent waters, or adjacent waters. The department shall not require dredge and fill permits for structures designed solely to connect stormwater management systems to waters of the state provided that the connection of such system to waters of the state is regulated pursuant to chapter 373. The department shall initiate rulemaking to implement the provisions of this section.
History.—s. 6, ch. 75-22; s. 68, ch. 83-310; s. 6, ch. 84-79; s. 3, ch. 85-154; s. 39, ch. 89-279.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.8135 - Citation of rule.

403.8135 Citation of rule.—In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this part or such rules promulgated hereunder, cite a specific rule. If a request for information cannot be accompanied by a rule citation, failure to provide such information cannot be grounds to deny a permit.
History.—s. 9, ch. 79-161.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.8141 - Special event permits.

403.8141 Special event permits.—
(1) The department shall issue permits for special events under s. 253.0345. The permits must be for a period that runs concurrently with the lease or letter of consent issued pursuant to s. 253.0345 and must allow for the movement of temporary structures within the footprint of the lease area.
(2) An administrative challenge to any proposed regulatory permit related to a special event is subject to the summary hearing provisions of s. 120.574, except that the summary proceeding must be conducted within 30 days after a party files a motion for a summary hearing regardless of whether the parties agree to the summary proceeding.
History.—s. 22, ch. 2013-92; s. 7, ch. 2016-116.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.815 - Public notice; waiver of hearings.

403.815 Public notice; waiver of hearings.—The department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation in the area affected, notice of application for a permit submitted under this chapter or chapter 253. The notice of application shall be published within 14 days after the application is filed with the department. Notwithstanding any provision of s. 120.60, the department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation in the area affected, notice of proposed agency action on any permit application submitted under this chapter or chapter 253. The department shall require the applicant for a permit to construct or expand a solid waste facility to publish such notice. The notice of proposed agency action shall be published at least 14 days prior to final agency action. The 90-day time period specified in s. 120.60 shall be tolled by the request of the department for publication of notice of proposed agency action and shall resume 14 days after receipt by the department of proof of publication. However, if a petition is filed for a proceeding pursuant to ss. 120.569 and 120.57, the time periods and tolling provisions of s. 120.60 shall apply. The cost of publication of notice under this section shall be paid by the applicant. The secretary may, by rule, specify the format and size of such notice. Within 14 days after publication of notice of proposed agency action, any person whose substantial interests are affected may request a hearing in accordance with ss. 120.569 and 120.57. The failure to request a hearing within 14 days after publication of notice of proposed agency action constitutes a waiver of any right to a hearing on the application under ss. 120.569 and 120.57.
History.—s. 10, ch. 80-66; s. 13, ch. 82-27; s. 44, ch. 84-338; s. 48, ch. 87-225; s. 169, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.816 - Permits for maintenance dredging of deepwater ports and beach restoration projects.

403.816 Permits for maintenance dredging of deepwater ports and beach restoration projects.—
(1) The department shall establish a permit system under this chapter and chapter 253 which provides for the performance, for up to 25 years from the issuance of the original permit, of maintenance dredging of permitted navigation channels, port harbors, turning basins, harbor berths, and beach restoration projects approved pursuant to chapter 161. However, permits issued for dredging river channels which are not a part of a deepwater port shall be valid for no more than five years. No charge shall be exacted by the state for material removed during such maintenance dredging by a public port authority.
(2) The provisions of s. 253.77 do not apply to a permit for maintenance dredging and spoil site approval when there is no change in the size or location of the spoil disposal site and when the applicant provides documentation to the department that the appropriate lease, easement, or consent of use for the project site issued pursuant to chapter 253 is recorded in the county where the project is located.
(3) The provisions of this section relating to ports apply only to the port waters, spoil disposal sites, port harbors, navigation channels, turning basins, and harbor berths used for deepwater commercial navigation in the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow, Florida Power Corporation’s Crystal River Canal, Boca Grande, Green Cove Springs, and Pensacola.
History.—ss. 3, 5, ch. 81-228; s. 8, ch. 84-79; s. 2, ch. 85-296; s. 13, ch. 86-138; s. 20, ch. 89-175; s. 4, ch. 89-324.