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. 376.30

376.30 Legislative intent with respect to pollution of surface and ground waters.—

(1) The Legislature finds and declares:

(a) That certain lands and waters of Florida constitute unique and delicately balanced resources and that the protection of these resources is vital to the economy of this state;

(b) That the preservation of surface and ground waters is a matter of the highest urgency and priority, as these waters provide the primary source for potable water in this state; and

(c) That such use can only be served effectively by maintaining the quality of state waters in as close to a pristine condition as possible, taking into account multiple-use accommodations necessary to provide the broadest possible promotion of public and private interests.

(2) The Legislature further finds and declares that:

(a) The storage, transportation, and disposal of pollutants, drycleaning solvents, and hazardous substances within the jurisdiction of the state and state waters is a hazardous undertaking;

(b) Spills, discharges, and escapes of pollutants, drycleaning solvents, and hazardous substances that occur as a result of procedures taken by private and governmental entities involving the storage, transportation, and disposal of such products pose threats of great danger and damage to the environment of the state, to citizens of the state, and to other interests deriving livelihood from the state;

(c) Such hazards have occurred in the past, are occurring now, and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the state as set forth in this section; and

(d) Such state interests outweigh any economic burdens imposed by the Legislature upon those engaged in storing, transporting, or disposing of pollutants, drycleaning solvents, and hazardous substances and related activities.

(3) The Legislature intends by the enactment of ss. 376.30-376.317 to exercise the police power of the state by conferring upon the Department of Environmental Protection the power to:

(a) Deal with the environmental and health hazards and threats of danger and damage posed by such storage, transportation, disposal, and related activities;

(b) Require the prompt containment and removal of products occasioned thereby; and

1. Provide for expeditious restoration or replacement of potable water systems or potable private wells of affected persons where health hazards exist due to contamination from pollutants (which may include provision of bottled water on a temporary basis, after which a more stable and convenient source of potable water shall be provided) and hazardous substances, subject to the following conditions:

a. For the purposes of this subparagraph, the term “restoration” means restoration of a contaminated potable water supply to a level which meets applicable water quality standards or applicable water quality criteria, as adopted by rule, for the contaminant or contaminants present in the water supply, or, where no such standards or criteria have been adopted, to a level that is determined to be a safe, potable level by the State Health Officer in the Department of Health, through the installation of a filtration system and provision of replacement filters as necessary or through employment of repairs or another treatment method or methods designed to remove or filter out contamination from the water supply; and the term “replacement” means replacement of a well or well field or connection to an alternative source of safe, potable water.

b. For the purposes of the Inland Protection Trust Fund and the drycleaning facility restoration funds in the Water Quality Assurance Trust Fund as provided in s. 376.3078, such restoration or replacement shall take precedence over other uses of the unobligated moneys within the fund after payment of amounts appropriated annually from the Inland Protection Trust Fund for payments under any service contract entered into by the department pursuant to s. 376.3075.

c. Funding for activities described in this subparagraph shall not exceed $10 million for any one county for any one year, other than for the provision of bottled water.

d. Funding for activities described in this subparagraph shall not be available to fund any increase in the capacity of a potable water system or potable private well over the capacity which existed prior to such restoration or replacement, unless such increase is the result of the use of a more cost-effective alternative than other alternatives available.

2. Provide for the inspection and supervision of activities described in this subsection.

3. Guarantee the prompt payment of reasonable costs resulting therefrom, including those administrative costs incurred by the Department of Health in providing field and laboratory services, toxicological risk assessment, and other services to the department in the investigation of drinking water contamination complaints.

(4) The Legislature further finds and declares that the preservation of the quality of surface and ground waters is of prime public interest and concern to the state in promoting its general welfare, preventing disease, promoting health, and providing for the public safety and that the interest of the state in such preservation outweighs any burdens of liability imposed by the Legislature upon those persons engaged in storing pollutants and hazardous substances and related activities.

(5) The Legislature further declares that it is the intent of ss. 376.30-376.317 to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, specifically those provisions relating to the national contingency plan for removal of pollutants.

History.—s. 84, ch. 83-310; s. 5, ch. 84-338; s. 10, ch. 86-159; s. 1, ch. 89-188; s. 2, ch. 92-30; s. 2, ch. 94-355; s. 296, ch. 94-356; s. 1, ch. 96-277; s. 46, ch. 96-321; s. 7, ch. 98-189; s. 68, ch. 99-8; s. 57, ch. 2007-5.

F.S. 376.30 on Google Scholar

F.S. 376.30 on Casetext

Amendments to 376.30

Arrestable Offenses / Crimes under Fla. Stat. 376.30

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.30.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SIMON S TRUCKING, INC. v. A. LIEUPO,, 244 So. 3d 370 (Fla. App. Ct. 2018)

. . . Statutes (the "1970 Act"), and the Water Quality Assurance Act, passed in 1983 and codified at sections 376.30 . . . whereas the 1983 act is intended to combat pollution to surface and ground waters. §§ 376.021, 376.041, 376.30 . . . Specifically, the court construed sections 376.315 and 376.30 as expressing a legislative intent for . . . Id. at 1221 (citing §§ 376.315 & 376.30(2)(b), Fla. Stat.). . . . The court then stated, "We find that section 376.313(3) and the language used in section 376.30 are clear . . .

LEE- BOLTON, v. KOPPERS INC. f k a, 319 F.R.D. 346 (N.D. Fla. 2017)

. . . . § 376.30, et seq„ as well as common law claims for strict liability, nuisance, negligence, trespass . . .

DE ZAYAS De v. BELLSOUTH TELECOMMUNICATIONS, INC., 841 F. Supp. 2d 1257 (S.D. Fla. 2012)

. . . nuisance (Count IV), negligence (Count V), and violation of Florida’s Water Quality Assurance Act, § 376.30 . . . Plaintiffs incorrectly reference this section of the statute in Count VI as § 376.30(3)(b). . . .

CURD, v. MOSAIC FERTILIZER, LLC,, 39 So. 3d 1216 (Fla. 2010)

. . . Section 376.315 of this chapter provides that “[sjections 376.30-376.319, being necessary for the general . . . Additionally, section 376.30, which gives legislative intent regarding pollution of surface and ground . . . Section 376.30 further provides that the Legislature found and declared that escapes of pollutants “pose . . . We find that section 376.313(3) and the language used in section 376.30 are clear and unambiguous, and . . . under ss. 376.30-376.319 and the Federal Water Pollution Control Act, as amended.”). . . . chapter 376 by enacting the “Water Quality Assurance Act,” which is currently codified in sections 376.30 . . . See § 376.30, Fla. . . . action ... for all damages resulting from a discharge or other condition of pollution covered by ss. 376.30 . . . Stat. (2004) (“Sections 376.30-376.319 ... shall be liberally construed to effect the purposes set forth . . . under ss. 376.30-376.319.... ”). . . .

CURD, v. MOSAIC FERTILIZER, LLC,, 993 So. 2d 1078 (Fla. Dist. Ct. App. 2008)

. . . Section 376.313(3) reads: Except as provided in s. 376.3078(3) and (11), nothing contained in ss. 376.30 . . .

FLORENCE, v. CRESCENT RESOURCES, LLC, a LLC, a v. LLC, a LLC, a v. LLC, a LLC, a v. LLC, a LLC, a, 484 F.3d 1293 (11th Cir. 2007)

. . . [N]othing contained in [sections] 376.30-376.319 prohibits any person from bringing a cause of action . . . jurisdiction for all damages resulting from a discharge or other condition of pollution covered by [sections] 376.30 . . .

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

. . . ANALYSIS The statute at issue is found within sections 376.30-376.319, Florida Statutes (2002), originally . . . As to this statute, the legislature’s expressed intent is that “[sjections 376.30-376.319 ... shall be . . . liberally construed to effect the purposes set forth under ss. 376.30-376.319 and the Federal Water . . . In other statutes within the same scheme (sections 376.30-376.319), where the Legislature wanted to hold . . . Section 376.313(1) provides that “[t]he remedies in ss. 376.30-376.319 shall be deemed to be cumulative . . .

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

. . . Stat. (2002) (“Sections 376.30-376.319, being necessary for the general welfare and the public health . . . state and its inhabitants, shall be liberally construed to effect the purposes set forth under ss. 376.30 . . .

EASTON, Jr. v. ARAMARK UNIFORM AND CAREER,, 825 So. 2d 996 (Fla. Dist. Ct. App. 2002)

. . . Section 376.313(3) states: Notwithstanding any other provision of law, nothing contained in ss. 376.30 . . . jurisdiction for all damages resulting from a discharge or other condition of pollution covered by ss. 376.30 . . .

STIVERS, v. FORD MOTOR CREDIT COMPANY,, 777 So. 2d 1023 (Fla. Dist. Ct. App. 2000)

. . . Stat. (2000) ("hazard to the groundwater resources”); §§ 376.30(3)(a), 376.78(1), 381.0101, Fla. . . .

L. MORGAN, v. W. R. GRACE CO. CONN., 779 So. 2d 503 (Fla. Dist. Ct. App. 2000)

. . . Grace violated sections 376.30 to 376.319, Florida Statutes (1983). . . .

AUTO- OWNERS INSURANCE COMPANY, v. HOUSING AUTHORITY OF THE CITY OF TAMPA, a, 121 F. Supp. 2d 1365 (M.D. Fla. 1999)

. . . In enacting sections 376.30 through 376.319, the legislature intended to “support and complement applicable . . . See § 376.30(5), Fla.Stat. (1997). . . .

STATE v. INLAND PROTECTION FINANCING CORPORATION, a, 699 So. 2d 1352 (Fla. 1997)

. . . See §§ 376.30-.3195, Fla. Stat. (1995 & Supp.1996) (hereinafter referred to as “the Act”). . . . Corporation” for the purpose of financing the rehabilitation of petroleum contamination sites pursuant to ss. 376.30 . . . services to the department in connection with financing the functions and activities provided for in ss. 376.30 . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. GIBBINS,, 696 So. 2d 888 (Fla. Dist. Ct. App. 1997)

. . . access to Gibbins’ property to investigate and remediate petroleum contamination, as mandated by section 376.30 . . . DISCUSSION DEP is charged by the legislature with enforcing sections 376.30-376.319 to ensure the quality . . . See §§ 376.30-376.319, Fla. Stat. (1995), The Pollution Discharge Prevention and Removal Act. . . .

UNGER, v. UNITED STATES, 956 F. Supp. 1152 (S.D.N.Y. 1997)

. . . Section 6672 (“Section 6672”), made an assessment against him for the entire sum of $1,046,-376.30, and . . .

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

. . . . § 376.30, Fla.Stat. (1989). This statute was originally codified in 1983. See 11 Fla.St. . . . 376.305(1), Florida Statutes (1989) states: Any person discharging a pollutant as prohibited by ss. 376.30 . . . So.2d 1177 (Fla. 1st DCA), rev. denied, 564 So.2d 1085 (Fla.1990). . 33 U.S.C. §§ 1281, et.seq. . §§ 376.30 . . . Statutes (1989) provides: (3) Notwithstanding any other provision of law, nothing contained in ss. 376.30 . . . jurisdiction for all damages resulting from a discharge or other condition of pollution covered by ss. 376.30 . . .

BOARDMAN PETROLEUM, INC. v. TROPIC TINT OF JUPITER, INC., 668 So. 2d 308 (Fla. Dist. Ct. App. 1996)

. . . The trial court found that the Schultzes were entitled to an award of attorney’s fees under sections 376.30 . . . clean-up timetable, served not only Plaintiffs’ private interests but also the public interest. 2) S. 376.30 . . . S. 376.30(2)(b), F.S. states that the pollution of groundwater by leaks and spills from underground storage . . .

REICHHOLD CHEMICALS, INC. v. TEXTRON, INC. Co. Co. Co., 888 F. Supp. 1116 (N.D. Fla. 1995)

. . . are Count IV, which alleges a violation of the Florida Pollutant Spill Prevention and Control Act [§ 376.30 . . .

MOSTOUFI, v. PRESTO FOOD STORES, INC. a C. III, M., 618 So. 2d 1372 (Fla. Dist. Ct. App. 1993)

. . . That section, in its pertinent parts, provides as follows: [N]othing contained in ss. 376.30-376.319 . . . jurisdiction for all damages resulting from a discharge or other condition of pollution covered by ss. 376.30 . . . However, Florida Statutes section 376.315, unequivocally states the legislative intent that Sections 376.30 . . . -376.319 “shall be liberally construed to effect the purposes set forth under Sections 376.30-376.319 . . . See § 376.30. . . .

CUNNINGHAM, N. III, A. S. O G. S. Sr. P. D. O E. N. M. v. ANCHOR HOCKING CORPORATION,, 558 So. 2d 93 (Fla. Dist. Ct. App. 1990)

. . . However, another portion of Chapter 376, Florida Statutes, Sections 376.30 through 376.319, deals with . . . Section 376.30(2)(b), Florida Statutes, declares the legislative intent to deal with discharge of pollutants . . . action for damages under ss. 376.-30-376.319.”), provides, in part, as follows: (1) The remedies in ss. 376.30 . . . -376.319 shall be deemed to be cumulative and not exclusive. (2) Nothing in ss. 376.30-376.319 requires . . . jurisdiction for all damages resulting from a discharge or other condition of pollution covered by ss. 376.30 . . .

SUNSHINE JR. STORES, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 556 So. 2d 1177 (Fla. Dist. Ct. App. 1990)

. . . express terms of Section 376.315, Florida Statutes (1985), stating that the provisions of sections 376.30 . . . Consider the following legislative declarations in Section 376.30, Florida Statutes (1985): (1) The Legislature . . . pollutants and related activities. (5) The Legislature further declares that it is the intent of ss. 376.30 . . . states: Liabilities and defenses of facilities. — In any suit instituted by the department under ss. 376.30 . . . The only defenses of a person alleged to be responsible for the discharge to any action under ss. 376.30 . . .

ALACHUA COUNTY, a v. LEWIS OIL COMPANY, INC., 554 So. 2d 1210 (Fla. Dist. Ct. App. 1989)

. . . Pursuant to Sections 376.30-376.317, Florida Statutes (Supp.1986), the state has preempted the field . . .

COMMERCIAL COATING CORPORATION, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 548 So. 2d 677 (Fla. Dist. Ct. App. 1989)

. . . Section 376.315 explains how the Act is to be construed: Sections 376.30-376.319, being necessary for . . .

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

. . . See sections 376.30(1), and 307.3071(a), F.S. . . . The construction given to Chapter 376.30, F.S., et seq., by the Department is entitled to great deference . . .

EVERGLADES PIPE LINE COMPANY v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 31 Fla. Supp. 2d 216 (Fla. Div. Admin. Hearings 1988)

. . . Sections 376.30(1), and 376.3071(1), Florida Statutes. . . . transportation” as evidenced by the separate enumeration of those terms in subsection (2) and (3) of section 376.30 . . .

ALACHUA COUNTY, a v. LEWIS OIL COMPANY, INC., 516 So. 2d 1033 (Fla. Dist. Ct. App. 1987)

. . . In sections 376.30-376.317, Florida Statutes (1985), the state preempted the regulation of the construction . . . Lewis Oil’s proposed project complies with sections 376.30-376.317 and the rules and regulations of DER . . .

LEWIS OIL COMPANY, INC. v. ALACHUA COUNTY,, 496 So. 2d 184 (Fla. Dist. Ct. App. 1986)

. . . See sections 376.30-376.-317, Florida Statutes (1985). . . .

DEPARTMENT OF ENVIRONMENTAL REGULATION, v. MONTCO RESEARCH PRODUCTS, INC., 489 So. 2d 771 (Fla. Dist. Ct. App. 1986)

. . . trial judge entered the order in question in which he “found” that applying the 1983 statute [sections 376.30 . . . In the adoption of section 376.30, et seq., the Legislature has expressly declared, in pertinent part . . .

HARTFORD CASUALTY INSURANCE COMPANY, a v. DODD, 416 F. Supp. 1216 (D. Md. 1976)

. . . wages of $1,736, a total of $5,796.50. (5) Leonard Deedon has a PIP claim for medical expenses of $376.30 . . .

YEARWOOD v. UNITED STATES, 55 F. Supp. 295 (W.D. La. 1944)

. . . Social Security Act in the amount of $346.98, penalty of $3.78, and interest of $25.54, a total of $376.30 . . .

v. J. G., 137 Fla. 397 (Fla. 1939)

. . . inclusive 406.28 Lot 135 Blake 1934 to 1937 inclusive 111.16 Lot 4 Blk 16, Dunlawton 1928 to 1937 inclusive 376.30 . . .