The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

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F.S. 376.305

376.305 Removal of prohibited discharges.—

(1) Any person discharging a pollutant as prohibited by ss. 376.30-376.317 shall immediately undertake to contain, remove, and abate the discharge to the satisfaction of the department. However, such an undertaking to contain, remove, or abate a discharge shall not be deemed an admission of responsibility for the discharge by the person taking such action. Notwithstanding this requirement, the department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the department.

(2) If the person causing the discharge, or the person in charge of facilities at which the discharge has taken place, fails to act immediately, the department may arrange for the removal of the pollutant; except that, if the pollutant was discharged into or upon the navigable waters of the United States, the department shall act in accordance with the national contingency plan for removal of such pollutant as established pursuant to the Federal Water Pollution Control Act, as amended, and the costs of removal incurred by the department shall be paid in accordance with the applicable provisions of that law. Federal funds provided under that act shall be used to the maximum extent possible prior to the expenditure of state funds.

(3) No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the department or its designee, shall be construed as an admission of liability for the discharge.

(4) No person who, voluntarily or at the request of the department or its designee, renders assistance in containing or removing any pollutant shall be liable for any civil damages to third parties resulting solely from the acts or omissions of such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct.

(5) Nothing in ss. 376.30-376.317 shall affect the right of any person to render assistance in containing or removing any pollutant or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the pollutant.

(6) The Legislature created the Abandoned Tank Restoration Program in response to the need to provide financial assistance for cleanup of sites that have abandoned petroleum storage systems. For purposes of this subsection, the term “abandoned petroleum storage system” means a petroleum storage system that has not stored petroleum products for consumption, use, or sale since March 1, 1990. The department shall establish the Abandoned Tank Restoration Program to facilitate the restoration of sites contaminated by abandoned petroleum storage systems.

(a) To be included in the program:

1. An application must be submitted to the department certifying that the system has not stored petroleum products for consumption, use, or sale at the facility since March 1, 1990.

2. The owner or operator of the petroleum storage system when it was in service must have ceased conducting business involving consumption, use, or sale of petroleum products at that facility on or before March 1, 1990.

3. The site is not otherwise eligible for the cleanup programs pursuant to s. 376.3072.

4. The site is not otherwise eligible for the Petroleum Cleanup Participation Program under s. 376.3071(13) based on any discharge reporting form received by the department before January 1, 1995, or a written report of contamination submitted to the department on or before December 31, 1998.

(b) In order to be eligible for the program, petroleum storage systems from which a discharge occurred must be closed pursuant to department rules before an eligibility determination. However, if the department determines that the owner of the facility cannot financially comply with the department’s petroleum storage system closure requirements and all other eligibility requirements are met, the petroleum storage system closure requirements shall be waived. The department shall take into consideration the owner’s net worth and the economic impact on the owner in making the determination of the owner’s financial ability.

(d) The following sites are excluded from eligibility:

1. Sites on property of the Federal Government;

2. Sites contaminated by pollutants that are not petroleum products; or

3. Sites where the department has been denied site access.

(e) Participating sites are subject to a deductible as determined by rule, not to exceed $10,000.

History.—s. 84, ch. 83-310; s. 13, ch. 86-159; s. 12, ch. 90-98; s. 13, ch. 91-305; s. 6, ch. 92-30; s. 2, ch. 94-311; s. 1016, ch. 95-148; s. 4, ch. 96-277; s. 60, ch. 2007-5; s. 7, ch. 2014-151; s. 8, ch. 2016-184.

F.S. 376.305 on Google Scholar

F.S. 376.305 on Casetext

Amendments to 376.305

Arrestable Offenses / Crimes under Fla. Stat. 376.305

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.305.

Annotations, Discussions, Cases:

Cases from cite.case.law:

Z. K. MART, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 38 So. 3d 857 (Fla. Dist. Ct. App. 2010)

. . . Department of Environmental Protection, and the appellant began cleanup activities as required under section 376.305 . . . See § 376.305(2), Fla. Stat. . . .

KERPER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 894 So. 2d 1006 (Fla. Dist. Ct. App. 2005)

. . . (5) the DEP’s "Corrective Actions for Contaminated Site Case” is an unpromulgated rule; (6) section 376.305 . . .

ARAMARK UNIFORM AND CAREER APPAREL, INC. v. EASTON, Jr., 894 So. 2d 20 (Fla. 2004)

. . . See, e.g., § 376.305(2) Fla. . . .

D ALTO, v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 860 So. 2d 1003 (Fla. Dist. Ct. App. 2003)

. . . (current version at § 376.305(6), Fla. Stat. (2002)). . . .

FEDERATED MUTUAL INSURANCE COMPANY, v. G. GERMANY,, 712 So. 2d 1245 (Fla. Dist. Ct. App. 1998)

. . . See § 376.305, .313, Fla. Stat. (1987). . . .

J. H. WILLIAMS OIL CO. INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 707 So. 2d 904 (Fla. Dist. Ct. App. 1998)

. . . See § 376.305(6), Fla. Stat. (1991), repealed by ch. 96-277, Laws of Fla. . . .

OBER, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 688 So. 2d 435 (Fla. Dist. Ct. App. 1997)

. . . 1991, Ober applied for entry into the Abandoned Tank Restoration Program in accordance with section 376.305 . . . Stat., at this site is eligible for reimbursement of allowable costs pursuant to Section 376.305(7), . . . Program to facilitate the restoration of sites contaminated by abandoned petroleum storage systems. § 376.305 . . .

KAPLAN, v. PETERSON,, 674 So. 2d 201 (Fla. Dist. Ct. App. 1996)

. . . .” § 376.305(1), Fla.Stat. (1989). . . . Section 376.305(1), Florida Statutes (1989) states: Any person discharging a pollutant as prohibited . . .

SUDDATH VAN LINES, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 668 So. 2d 209 (Fla. Dist. Ct. App. 1996)

. . . officer was whether Suddath was eligible for participation in the ATRP under the provisions of subsection 376.305 . . . Subsection 376.305(7) states as follows: (7) The Legislature created the Abandoned Tank Restoration Program . . . a “nonresidential location” which has been contaminated by one or more petroleum storage systems. § 376.305 . . . Because fuel operations at the facility as a whole is the key to eligibility under subsection 376.305 . . . ALLEN and KAHN, JJ., concur. . § 376.305(7), Fla.Stat. . . .

HUGHES SUPPLY, INC. v. DEPARTMENT OF ENVIRONMENTAL REGULATION, STATE OF FLORIDA,, 622 So. 2d 1056 (Fla. Dist. Ct. App. 1993)

. . . requires an immediate response to evidence of a discharge is supported by several sections of Chapter 376: 376.305 . . .

COMMERCIAL COATING CORPORATION v. STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, 33 Fla. Supp. 2d 213 (Fla. Div. Admin. Hearings 1988)

. . . Section 376.305(5), F.S. . . .