403.031 Definitions.—In construing this chapter, or rules and regulations adopted pursuant hereto, the following words, phrases, or terms, unless the context otherwise indicates, have the following meanings:
(1) “Contaminant” is any substance which is harmful to plant, animal, or human life.
(2) “Department” means the Department of Environmental Protection.
(3) “Effluent limitations” means any restriction established by the department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into waters of the state.
(4) “Electrical power plant” means, for purposes of this part of this chapter, any electrical generating facility that uses any process or fuel and that is owned or operated by an electric utility, as defined in s. 403.503(14), and includes any associated facility that directly supports the operation of the electrical power plant.
(5) “Enhanced nutrient-reducing onsite sewage treatment and disposal system” means an onsite sewage treatment and disposal system approved by the department as capable of meeting or exceeding a 50 percent total nitrogen reduction before disposal of wastewater in the drainfield, or at least 65 percent total nitrogen reduction combined from the onsite sewage tank or tanks and drainfield.
(6) “Installation” means any structure, equipment, or facility, or appurtenances thereto, or operation which may emit air or water contaminants in quantities prohibited by rules of the department.
(7) “Nutrient or nutrient-related standards” means water quality standards and criteria established for total nitrogen and total phosphorus, or their organic or inorganic forms; biological variables, such as chlorophyll a, biomass, or the structure of the phytoplankton, periphyton, or vascular plant community, that respond to a nutrient load or concentration in a predictable and measurable manner; or dissolved oxygen if it is demonstrated for the waterbody that dissolved oxygen conditions result in a biological imbalance and the dissolved oxygen responds to a nutrient load or concentration in a predictable and measurable manner.
(8) “Onsite sewage treatment and disposal system” means a system that contains a standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a pump tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit privy that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has the legal right to install a system. The term includes any item placed within, or intended to be used as a part of or in conjunction with, the system. The term does not include package sewage treatment facilities and other treatment works regulated under this chapter.
(9) “Person” means the state or any agency or institution thereof, the United States or any agency or institution thereof, or any municipality, political subdivision, public or private corporation, individual, partnership, association, or other entity and includes any officer or governing or managing body of the state, the United States, any agency, any municipality, political subdivision, or public or private corporation.
(10) “Plant” is any unit operation, complex, area, or multiple of unit operations that produce, process, or cause to be processed any materials, the processing of which can, or may, cause air or water pollution.
(11) “Pollution” is the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human-induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.
(12) “Pollution prevention” means the steps taken by a potential generator of contamination or pollution to eliminate or reduce the contamination or pollution before it is discharged into the environment. The term includes nonmandatory steps taken to use alternative forms of energy, conserve or reduce the use of energy, substitute nontoxic materials for toxic materials, conserve or reduce the use of toxic materials and raw materials, reformulate products, modify manufacturing or other processes, improve in-plant maintenance and operations, implement environmental planning before expanding a facility, and recycle toxic or other raw materials.
(13) “Regulated air pollutant” means any pollutant regulated under the federal Clean Air Act.
(14) “Sewerage system” means pipelines or conduits, pumping stations, and force mains and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.
(15) “Source” means any and all points of origin of a contaminant, whether privately or publicly owned or operated.
(16) “State water resource implementation rule” means the rule authorized by s. 373.036, which sets forth goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources, based on statutory policies and directives. The waters of the state are among its most basic resources. Such waters should be managed to conserve and protect water resources and to realize the full beneficial use of these resources.
(17) “Stormwater management program” means the institutional strategy for stormwater management, including urban, agricultural, and other stormwater.
(18) “Stormwater management system” means a system designed and constructed or implemented to control discharges that are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the system.
(19) “Stormwater utility” means the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need. It is operated as a typical utility which bills services regularly, similar to water and wastewater services.
(20) “Total maximum daily load” is defined as the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a pollutant that a waterbody or water segment can assimilate from all sources without exceeding water quality standards must first be calculated.
(21) “Treatment works” and “disposal systems” mean any plant or other works used for the purpose of treating, stabilizing, or holding wastes.
(22) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the state.
(23) “Waters” include, but are not limited to, rivers, lakes, streams, springs, impoundments, wetlands, and all other waters or bodies of water, including fresh, brackish, saline, tidal, surface, or underground waters. Waters owned entirely by one person other than the state are included only in regard to possible discharge on other property or water. Underground waters include, but are not limited to, all underground waters passing through pores of rock or soils or flowing through in channels, whether manmade or natural. Solely for purposes of s. 403.0885, waters of the state also include navigable waters or waters of the contiguous zone as used in s. 502 of the Clean Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in existence on January 1, 1993, except for those navigable waters seaward of the boundaries of the state set forth in s. 1, Art. II of the State Constitution. Solely for purposes of this chapter, waters of the state also include the area bounded by the following:
(a) Commence at the intersection of State Road (SRD) 5 (U.S. 1) and the county line dividing Miami-Dade and Monroe Counties, said point also being the mean high-water line of Florida Bay, located in section 4, township 60 south, range 39 east of the Tallahassee Meridian for the point of beginning. From said point of beginning, thence run northwesterly along said SRD 5 to an intersection with the north line of section 18, township 58 south, range 39 east; thence run westerly to a point marking the southeast corner of section 12, township 58 south, range 37 east, said point also lying on the east boundary of the Everglades National Park; thence run north along the east boundary of the aforementioned Everglades National Park to a point marking the northeast corner of section 1, township 58 south, range 37 east; thence run west along said park to a point marking the northwest corner of said section 1; thence run northerly along said park to a point marking the northwest corner of section 24, township 57 south, range 37 east; thence run westerly along the south lines of sections 14, 15, and 16 to the southwest corner of section 16; thence leaving the Everglades National Park boundary run northerly along the west line of section 16 to the northwest corner of section 16; thence east along the northerly line of section 16 to a point at the intersection of the east one-half and west one-half of section 9; thence northerly along the line separating the east one-half and the west one-half of sections 9, 4, 33, and 28; thence run easterly along the north line of section 28 to the northeast corner of section 28; thence run northerly along the west line of section 22 to the northwest corner of section 22; thence easterly along the north line of section 22 to a point at the intersection of the east one-half and west one-half of section 15; thence run northerly along said line to the point of intersection with the north line of section 15; thence easterly along the north line of section 15 to the northeast corner of section 15; thence run northerly along the west lines of sections 11 and 2 to the northwest corner of section 2; thence run easterly along the north lines of sections 2 and 1 to the northeast corner of section 1, township 56 south, range 37 east; thence run north along the east line of section 36, township 55 south, range 37 east to the northeast corner of section 36; thence run west along the north line of section 36 to the northwest corner of section 36; thence run north along the west line of section 25 to the northwest corner of section 25; thence run west along the north line of section 26 to the northwest corner of section 26; thence run north along the west line of section 23 to the northwest corner of section 23; thence run easterly along the north line of section 23 to the northeast corner of section 23; thence run north along the west line of section 13 to the northwest corner of section 13; thence run east along the north line of section 13 to a point of intersection with the west line of the southeast one-quarter of section 12; thence run north along the west line of the southeast one-quarter of section 12 to the northwest corner of the southeast one-quarter of section 12; thence run east along the north line of the southeast one-quarter of section 12 to the point of intersection with the east line of section 12; thence run east along the south line of the northwest one-quarter of section 7 to the southeast corner of the northwest one-quarter of section 7; thence run north along the east line of the northwest one-quarter of section 7 to the point of intersection with the north line of section 7; thence run northerly along the west line of the southeast one-quarter of section 6 to the northwest corner of the southeast one-quarter of section 6; thence run east along the north lines of the southeast one-quarter of section 6 and the southwest one-quarter of section 5 to the northeast corner of the southwest one-quarter of section 5; thence run northerly along the east line of the northwest one-quarter of section 5 to the point of intersection with the north line of section 5; thence run northerly along the line dividing the east one-half and the west one-half of Lot 5 to a point intersecting the north line of Lot 5; thence run east along the north line of Lot 5 to the northeast corner of Lot 5, township 54 1/2 south, range 38 east; thence run north along the west line of section 33, township 54 south, range 38 east to a point intersecting the northwest corner of the southwest one-quarter of section 33; thence run easterly along the north line of the southwest one-quarter of section 33 to the northeast corner of the southwest one-quarter of section 33; thence run north along the west line of the northeast one-quarter of section 33 to a point intersecting the north line of section 33; thence run easterly along the north line of section 33 to the northeast corner of section 33; thence run northerly along the west line of section 27 to a point intersecting the northwest corner of the southwest one-quarter of section 27; thence run easterly to the northeast corner of the southwest one-quarter of section 27; thence run northerly along the west line of the northeast one-quarter of section 27 to a point intersecting the north line of section 27; thence run west along the north line of section 27 to the northwest corner of section 27; thence run north along the west lines of sections 22 and 15 to the northwest corner of section 15; thence run easterly along the north lines of sections 15 and 14 to the point of intersection with the L-31N Levee, said intersection located near the southeast corner of section 11, township 54 south, range 38 east; thence run northerly along Levee L-31N crossing SRD 90 (U.S. 41 Tamiami Trail) to an intersection common to Levees L-31N, L-29, and L-30, said intersection located near the southeast corner of section 2, township 54 south, range 38 east; thence run northeasterly, northerly, and northeasterly along Levee L-30 to a point of intersection with the Miami-Dade/Broward Levee, said intersection located near the northeast corner of section 17, township 52 south, range 39 east; thence run due east to a point of intersection with SRD 27 (Krome Ave.); thence run northeasterly along SRD 27 to an intersection with SRD 25 (U.S. 27), said intersection located in section 3, township 52 south, range 39 east; thence run northerly along said SRD 25, entering into Broward County, to an intersection with SRD 84 at Andytown; thence run southeasterly along the aforementioned SRD 84 to an intersection with the southwesterly prolongation of Levee L-35A, said intersection being located in the northeast one-quarter of section 5, township 50 south, range 40 east; thence run northeasterly along Levee L-35A to an intersection of Levee L-36, said intersection located near the southeast corner of section 12, township 49 south, range 40 east; thence run northerly along Levee L-36, entering into Palm Beach County, to an intersection common to said Levees L-36, L-39, and L-40, said intersection located near the west quarter corner of section 19, township 47 south, range 41 east; thence run northeasterly, easterly, and northerly along Levee L-40, said Levee L-40 being the easterly boundary of the Loxahatchee National Wildlife Refuge, to an intersection with SRD 80 (U.S. 441), said intersection located near the southeast corner of section 32, township 43 south, range 40 east; thence run westerly along the aforementioned SRD 80 to a point marking the intersection of said road and the northeasterly prolongation of Levee L-7, said Levee L-7 being the westerly boundary of the Loxahatchee National Wildlife Refuge; thence run southwesterly and southerly along said Levee L-7 to an intersection common to Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run southwesterly along Levee L-6 to an intersection common to Levee L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being located near the northwest corner of section 27, township 47 south, range 38 east; thence run westerly along the aforementioned Levee L-5 to a point intersecting the east line of range 36 east; thence run northerly along said range line to a point marking the northeast corner of section 1, township 47 south, range 36 east; thence run westerly along the north line of township 47 south, to an intersection with Levee L-23/24 (Miami Canal); thence run northwesterly along the Miami Canal Levee to a point intersecting the north line of section 22, township 46 south, range 35 east; thence run westerly to a point marking the northwest corner of section 21, township 46 south, range 35 east; thence run southerly to the southwest corner of said section 21; thence run westerly to a point marking the northwest corner of section 30, township 46 south, range 35 east, said point also being on the line dividing Palm Beach and Hendry Counties; from said point, thence run southerly along said county line to a point marking the intersection of Broward, Hendry, and Collier Counties, said point also being the northeast corner of section 1, township 49 south, range 34 east; thence run westerly along the line dividing Hendry and Collier Counties and continuing along the prolongation thereof to a point marking the southwest corner of section 36, township 48 south, range 29 east; thence run southerly to a point marking the southwest corner of section 12, township 49 south, range 29 east; thence run westerly to a point marking the southwest corner of section 10, township 49 south, range 29 east; thence run southerly to a point marking the southwest corner of section 15, township 49 south, range 29 east; thence run westerly to a point marking the northwest corner of section 24, township 49 south, range 28 east, said point lying on the west boundary of the Big Cypress Area of Critical State Concern as described in rule 28-25.001, Florida Administrative Code; thence run southerly along said boundary crossing SRD 84 (Alligator Alley) to a point marking the southwest corner of section 24, township 50 south, range 28 east; thence leaving the aforementioned west boundary of the Big Cypress Area of Critical State Concern run easterly to a point marking the northeast corner of section 25, township 50 south, range 28 east; thence run southerly along the east line of range 28 east to a point lying approximately 0.15 miles south of the northeast corner of section 1, township 52 south, range 28 east; thence run southwesterly 2.4 miles more or less to an intersection with SRD 90 (U.S. 41 Tamiami Trail), said intersection lying 1.1 miles more or less west of the east line of range 28 east; thence run northwesterly and westerly along SRD 90 to an intersection with the west line of section 10, township 52 south, range 28 east; thence leaving SRD 90 run southerly to a point marking the southwest corner of section 15, township 52 south, range 28 east; thence run westerly crossing the Faka Union Canal 0.6 miles more or less to a point; thence run southerly and parallel to the Faka Union Canal to a point located on the mean high-water line of Faka Union Bay; thence run southeasterly along the mean high-water line of the various bays, rivers, inlets, and streams to the point of beginning.
(b) The area bounded by the line described in paragraph (a) generally includes those waters to be known as waters of the state. The landward extent of these waters shall be determined by the delineation methodology ratified in s. 373.4211. Any waters which are outside the general boundary line described in paragraph (a) but which are contiguous thereto by virtue of the presence of a wetland, watercourse, or other surface water, as determined by the delineation methodology ratified in s. 373.4211, shall be a part of this waterbody. Any areas within the line described in paragraph (a) which are neither a wetland nor surface water, as determined by the delineation methodology ratified in s. 373.4211, shall be excluded therefrom. If the Florida Environmental Regulation Commission designates the waters within the boundaries an Outstanding Florida Water, waters outside the boundaries may not be included as part of such designation unless a hearing is held pursuant to notice in each appropriate county and the boundaries of such lands are specifically considered and described for such designation.
(24) “Watershed” means the land area that contributes to the flow of water into a receiving body of water.
Cited 31 times | Published | Supreme Court of Florida | 1994 WL 597602
...ly choice is owning developed property within the boundaries of the municipality. The circuit court cites to storm-water utility fees as being analogous to the transportation utility fee. However, storm-water utility fees are expressly authorized by section 403.031, Florida Statutes (1993)....
Cited 31 times | Published | Florida 1st District Court of Appeal | 2001 WL 209068
...The statute defines creating a "stormwater utility" as "funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need. It is operated as a typical utility which bills services regularly, similar to water and wastewater services." § 403.031(17), Fla....
...5th DCA 1998) ("[T]he legislature appears to have intended to create a stormwater `utility' akin to water or sewer service."). See also Pinellas County v. State, 776 So.2d 262, 268 n. 11 (Fla.2001) (referring to stormwater utilities as among "traditional utilities" and citing "§ 403.031(17), Fla....
...(1997) (providing that storm water management programs are to be operated `as a typical utility which bills services regularly, similar to water and wastewater services')"); State v. City of Port Orange, 650 So.2d 1, 4 (Fla.1994) (noting that "storm-water utility fees are expressly authorized by section 403.031, Florida Statutes (1993)")....
...The City is entitled to a chance to prove that its ordinance "assess[es] the cost of the program to the beneficiaries based on their relative contribution to its need ... [and] operate[s] as a typical utility which bills services regularly, similar to water and wastewater services." § 403.031(17), Fla....
Cited 16 times | Published | Supreme Court of Florida | 2003 WL 22052315
...For the reasons stated below, we find that the stormwater fees constitute valid user fees. Therefore, we reverse the order and remand with directions to enter a judgment validating the bonds. I. FACTS Stormwater runoff may cause flooding and threatens water quality in urban areas. See § 403.031(16), Fla....
...A stormwater utility is defined as the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need. It is operated as a typical utility which bills services regularly, similar to water and wastewater services. § 403.031(17), Fla....
...lity services, this Court has not hesitated to uphold local ordinances imposing mandatory fees, regardless of whether the individual customer actually uses or desires the service." In a footnote, we cited stormwater management programs defined under section 403.031(17), Florida Statutes (1997) as one category of many statutorily-authorized programs imposing mandatory fees to recoup the costs of providing water service....
...as sewer systems. Id. at 268 n. 10. Also, in City of Port Orange, 650 So.2d at 4, we distinguished a transportation utility fee that we held to be a tax from stormwater utility fees, noting that "storm-water utility fees are expressly authorized by section 403.031, Florida Statutes (1993)." See also City of Dunedin v....
...Again, we emphasize that a court must consider all the circumstances together, and none in isolation, in determining whether a particular charge is a user fee or a special assessment. B. The Propriety of the City's Fee Structure DOT argues, and the trial court concluded, that the City's ordinance *147 violated section 403.031(17), Florida Statutes, because the fees are not based on the amount of stormwater a customer contributes to the system....
...City of Gainesville, 778 So.2d at 525 (citing State v. City of Miami, 157 Fla. 726, 27 So.2d 118, 125 (1946)). A city may charge different rates to different classes of users so long as the classifications are not arbitrary, unreasonable, or discriminatory. City of Miami Springs, 245 So.2d at 81. Section 403.031(17) requires that the fees charged be based on the beneficiaries' "relative contribution" to the need for a stormwater management system....
Cited 15 times | Published | Supreme Court of Florida | 11 Envtl. L. Rep. (Envtl. Law Inst.) 20
...r or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. § 403.031(2) Fla....
Cited 6 times | Published | Florida 2nd District Court of Appeal
...[9] See also § 403.081, Fla. Stat. (1981). [10] "Installation" is defined as "any structure, equipment, facility, or appurtenances thereto, or operation which may emit air or water contaminants in quantities prohibited by rules of the department." § 403.031(8), Fla....
...A stormwater utility is defined in the statute as the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need. It is operated as a typical utility which bills services regularly, similar to water and wastewater services. 403.031(17), Fla....
...t with this opinion. Reversed and remanded. NORTHCUTT and CANADY, JJ., Concur. NOTES [1] Sections 235.26 and 235.34 have been amended and recodified as sections 1013.371 and 1013.51, respectively. See ch.2002-387, 835, 851, Laws of Fla. [2] Formerly section 403.031(16), this subsection was redesignated as section 403.031(17) in 1991....
Cited 5 times | Published | Florida 4th District Court of Appeal | 1999 WL 123532
...h authorized the City to [c]reate one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s. 403.0891(3). Section 403.031(17), Florida Statutes (1997), defines a "stormwater utility" as the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need....
...orida Statutes (1997), to collect its fees. The contention is that the statutory definition of a "stormwater utility" provides that it is to be "operated as a typical utility which bills services regularly, similar to water and wastewater services." § 403.031(17), Fla....
Cited 5 times | Published | Supreme Court of Florida | 2001 WL 23117
...(1997) (providing that connections to on-site sewage and disposal systems are only allowed when service is not available from a publicly-owned or private sewage system); § 381.00655, Fla.Stat. (1997) (providing that property owners must connect to available sewer systems within a specified time); § 403.031(17), Fla.Stat....
Cited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1200910
...at the Shared Adversity Plan violated no law. It argues that because the salinity of the Caloosahatchee estuary would be altered by the planned introduction of a large volume of fresh water, the fresh water constituted "pollution," a term defined in section 403.031(7), Florida Statutes (1999), as the presence in the outdoor atmosphere or waters of the state of [ ......
...lfare, animal, plant, or aquatic life or property." § 403.161(1)(a), Fla. Stat. (1999). The circuit court rejected this argument, positing that "it is both logically and legally impossible for Lee County to be `polluted,' as that term is defined by section 403.031(7), through discharges of water from another navigable waterway of the *897 State of Florida." We do not endorse that rather broad assertion, but we agree that in this case Lee County did not prove that SFWMD's action was patently ill...
Cited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 178
...See, Florida Department of Transportation v. J.W.C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981). In order to prevail, it is only necessary for Manasota-88 to prove that the installation may reasonably be expected to be a source of air "pollution," as statutorily defined, in Section 403.031(2), Florida Statutes (1983): "Pollution" is the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiologi...
Cited 4 times | Published | Florida 1st District Court of Appeal
...It provided that no stationary installation which would reasonably be expected to be a source of water pollution could be operated, maintained, constructed, expanded or modified without an appropriate and currently valid permit issued by respondent. § 403.031(8) defines "installation" as any structure, equipment, facility, or appurtenances thereto, or operation which may emit air or water contaminants in quantities prohibited by rules of respondent....
...Certiorari is granted and this cause is remanded for hearing and disposition consistent with this opinion. RAWLS, Acting C.J., concurs. McCORD, J., dissents. McCORD, Judge (dissenting). There is competent substantial evidence to support respondent's denial of certification and its finding that petitioner is in violation of § 403.031(1), Florida Statutes. I agree with respondent that petitioner's *471 canals are stationary installations under the definition of "installation" contained in § 403.031(8), Florida Statutes....
Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 7630
...An "installation" is not limited to a stationary underground storage tank, but includes as well "any structure, equipment, or facility, or appurtenances thereto, or operation which may emit ... water contaminants in quantities prohibited by rules of the department." § 403.031(4), Fla....
...lling statutory definitions of a proscribed "discharge" or "seepage," and "installation." The latter term is not limited to physical structures but expressly includes "any ... facility ... or operation," (e.s.), which emits groundwater contaminants. Section 403.031(4), Florida Statutes (1985)....
Cited 3 times | Published | Florida 1st District Court of Appeal
...to regular periodic flooding under the index required by statute and promulgated by DER rule. DER, nonetheless, and in the face of all of the above, asserts that it has jurisdiction to regulate activities on this land under the general provisions of Section 403.031(3), Florida Statutes, which refers to "waters of the state." We find this claim of jurisdiction totally unsupported by statute or rule and without credible basis, as did the trial court....
...tment's rule establishing *804 a vegetation index, Upper Lake Lafayette nevertheless remained a "lake" subject to state control under chapter 403 to the historic ordinary high water mark, albeit that mark was landward of the present vegetation line. Section 403.031(3), Fla....
...nforcement, or to abate the violations. Section 403.121(2), Fla. Stat. (1979). [2] K. Davis, Administrative Law Treatise § 20.11 at 279, 283 (1982 Supp.). [3] Id. at 296. [4] The Department considered Lake Lafayette a "lake," as the term is used in section 403.031(3), Florida Statutes (1979), defining "waters" subject to the Department's regulation....
Cited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 394482
...may be potentially harmful or injurious to human health or welfare, animal or plant life or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law. Fla. Stat. § 403.031(7)....
...g, thus fitting the
definition of a latent defect; latent defects are excluded under the Peeks' policy. And
the elemental sulfur and the concomitant gases were proven to meet the statutory
definitions of "pollution" and "contaminant" contained in section 403.031(1), (7), Florida
Statutes (2008)....
...water; (2) section 403.087, Florida Statutes, which prohibits the construction, maintenance of any structure, equipment, facility, or operation which would reasonably be expected to be a source of pollution of “waters of the state” as defined in section 403.031(3), Florida Statutes, (1979), and (3) section 403.161, Florida Statutes, which prohibits pollution harmful or injurious....
...Pursuant to the authority in sections 403.061(7) and 403.817(2), Florida Statutes, the Department of Environmental Regulation adopted administrative rules and regulations to establish a method of demarcating the “landward extent of waters of the State” (as defined in section 403.031, Florida Statutes) for regulatory purposes by reference to species of plants or soils....
...3 U.S.C.A. §§ 1251-1376 . See generally, Want, Law of Wetlands Regulation, § 2.02 (1989). . See the Florida Air and Water Pollution Control Act (Chapter 67-436, § 2, Laws of Florida 1967), sections 403.001-403.182, Florida Statutes; particularly section 403.031(2) and (3) defining "pollution” and "waters.” In 1977 the legislature enacted section 403.817 authorizing DER to define by administrative rule a method of determining the "waters of the state” by reference to species of plants and soils but did not repeal section 403.031 which appears to continue to define "waters” for the purposes of the “Florida Air and Water Pollution Control Act.” Peculiarly, in this case DER asserted authority as to wetlands described pursuant to section 403.817, under section 403.161 and not under section 403.913(1)....
...The appellants filed suit challenging the assessments imposed upon them by the Village of Key Biscayne to fund a stormwater *780 utility. See generally § 403.0893, Pla.Stat. (1993). The appellants claimed that Village ordinance 93-11 violated Florida Statute section 403.031(17)’s requirement that assessments be made based upon relative contribution to need....
... . See also § 403.081, Fla.Stat. (1981). . "Installation" is defined as “any structure, equipment, facility, or appurtenances thereto, or operation which may emit air or water contaminants in quantities prohibited by rules of the department.” § 403.031(8), Fla.Stat....
...a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need. It is operated as a typical utility which bills services regularly, similar to water and wastewater services. § 403.031(17), Fla....
...ing methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the system. § 403.031(16), Fla....
...authorized to create stormwater utilities. § 403.0893, Fla. Stat. (2001). A
“‘[s]tormwater utility’ means the funding of a stormwater management program by
assessing the cost of the program to the beneficiaries based on their relative
contribution to its need.” § 403.031(17), Fla....
... prospective rates.”).9 This principle is reflected in the requirement that a
stormwater utility be assessed based on the beneficiaries’ “relative contribution” to
the need for a stormwater management system. See City of Gainesville, 863 So. 2d
at 147; § 403.031(17), Fla....
...equirement is “improperly
narrow.” However, we read the statute to mean exactly what it says, which is that
the cost of a stormwater management program must be assessed “to the
beneficiaries based on their relative contribution to its need.” § 403.031(17),
Fla....
...Stormwater Management System: Pollution Control and Flood Control
Although the primary purpose of Chapter 403 is pollution control, see
section 403.021, Florida Statutes (2001), “stormwater management system” is also
defined to include an additional component that is relevant here: flood control.
Specifically, Section 403.031(16), Florida Statutes (2001), defines “[s]tormwater
management system” as “a system which is designed and constructed or
implemented to control discharges which are necessitated by rainfall events,
incorporating methods to co...
...ally contribute to the
need for any of the planned or existing pollution control devices installed in the
College Road inlets that address stormwater runoff from the street (as opposed to
runoff from the landholders’ properties), as required by section 403.031(17),
Florida Statutes (2001).
The focus on general benefits the landholders might enjoy as a result of the
minimal stormwater infrastructure along College Road, such as improved water
quality in and around the City, overlook...
...stormwater management program.
Like similar statutes, the statute at issue authorizes stormwater utility fees to
be paid based upon a ratepayer’s contribution to the need for, and benefit from, the
30
stormwater utility. §403.031(17), Fla....
...This error begins with the majority opinion’s failure to recognize the
legislature authorized the utility fee to fund, not just infrastructure, but the City’s
entire “stormwater management program.” § 403.0891(3), Fla. Stat. See also §
403.031(17) (defining “stormwater utility” as “the funding of a stormwater
36
management program by assessing the cost of the program to the beneficiaries
based on their relative contribution to i...
...a stormwater management program by assessing the cost of the
program to the beneficiaries based on their relative contribution
to its need. It is operated as a typical utility which bills services
regularly, similar to water and wastewater services.
§ 403.031(17), Fla....
...ly grants residents
the “right to clean water” which is defined in the amendment as
“waters that are free of pollution.” We acknowledge, as referenced
by Speak Up, that the charter amendment’s definition of pollution
includes language from section 403.031(11), Florida Statutes
(2022), which defines pollution, and section 403.021(6), Florida
Statutes (2022), which describes the Legislature’s public policy
regarding pollution, but none of these provisions provide for the
right to have water bodies that are “free” of pollution....
...This section provides: It shall be a violation of this Chapter, and it shall be prohibited: (a) To cause pollution, except as otherwise provided in this Chapter, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property. Section 403.031(7), Florida Statutes, defines pollution as [T]he presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or man-induced alteration of the chemical, physical, biological, or radiolo...
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
