Florida Statutes
Chapter 376 - Pollutant Discharge Prevention and Removal
376.021 - Legislative Intent With Respect to Pollution of Coastal Waters and Lands.


(1) The Legislature finds and declares that the highest and best use of the seacoast of the state is as a source of public and private recreation.
(2) The Legislature further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches, and public lands adjoining the seacoast 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.
(3) The Legislature further finds and declares that:
(a) The transfer of pollutants between vessels, between onshore facilities and vessels, between offshore facilities and vessels, and between terminal facilities within the jurisdiction of the state and state waters is a hazardous undertaking;
(b) Spills, discharges, and escapes of pollutants occurring as a result of procedures involved in the transfer, storage, and transportation of such products pose threats of great danger and damage to the environment of the state, to owners and users of shore front property, to public and private recreation, to citizens of the state and other interests deriving livelihood from marine-related activities, and to the beauty of the Florida coast;
(c) Such hazards have frequently 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 herein set forth; and
(d) Such state interests outweigh any economic burdens imposed by the Legislature upon those engaged in transferring pollutants and related activities.

(4) The Legislature intends by the enactment of ss. 376.011-376.21 to exercise the police power of the state by conferring upon the Department of Environmental Protection power to:
(a) Deal with the hazards and threats of danger and damage posed by such transfers and related activities;
(b) Require the prompt containment and removal of pollution occasioned thereby; and
(c) Establish a fund to provide for the inspection and supervision of such activities and guarantee the prompt payment of reasonable damage claims resulting therefrom.

(5) The Legislature further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the state in promoting its general welfare, preventing diseases, promoting health, and providing for the public safety and that the state’s interest in such preservation outweighs any burdens of liability imposed by the Legislature upon those engaged in transferring pollutants and related activities.
(6) The Legislature further declares that it is the intent of ss. 376.011-376.21 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. 2, ch. 70-244; s. 2, ch. 74-336; s. 288, ch. 94-356.

Structure Florida Statutes

Florida Statutes

Title XXVIII - Natural Resources; Conservation, Reclamation, and Use

Chapter 376 - Pollutant Discharge Prevention and Removal

376.011 - Pollutant Discharge Prevention and Control Act; Short Title.

376.021 - Legislative Intent With Respect to Pollution of Coastal Waters and Lands.

376.031 - Definitions; Ss. 376.011-376.21.

376.041 - Pollution of Waters and Lands of the State Prohibited.

376.051 - Powers and Duties of the Department of Environmental Protection.

376.065 - Operation of Terminal Facility Without Discharge Prevention and Response Certificate Prohibited; Penalty.

376.07 - Regulatory Powers of Department; Penalties for Inadequate Booming by Terminal Facilities.

376.0705 - Development of Training Programs and Educational Materials.

376.071 - Discharge Contingency Plan for Vessels.

376.09 - Removal of Prohibited Discharges.

376.10 - Personnel and Equipment.

376.11 - Florida Coastal Protection Trust Fund.

376.12 - Liabilities and Defenses of Responsible Parties; Liabilities of Third Parties; Financial Security Requirements for Vessels; Liability of Cargo Owners; Notification Requirements.

376.121 - Liability for Damage to Natural Resources.

376.123 - Claims Against the Florida Coastal Protection Trust Fund.

376.13 - Emergency Proclamation; Governor’s Powers.

376.14 - Vessels; Financial Responsibility; Claims Against Providers of Financial Responsibility; Service of Process Against Responsible Parties.

376.16 - Enforcement and Penalties.

376.165 - “Hold-Harmless” Agreements Prohibited.

376.19 - County and Municipal Ordinances; Powers Limited.

376.20 - Limitation on Application.

376.205 - Individual Cause of Action for Damages Under Ss. 376.011-376.21.

376.207 - Traps Impregnated With Pollutants Prohibited.

376.21 - Construction of Ss. 376.011-376.21.

376.25 - Gambling Vessels; Registration; Required and Prohibited Releases.

376.30 - Legislative Intent With Respect to Pollution of Surface and Ground Waters.

376.301 - Definitions of Terms Used in Ss. 376.30-376.317, 376.70, and 376.75.

376.302 - Prohibited Acts; Penalties.

376.303 - Powers and Duties of the Department of Environmental Protection.

376.304 - Review and Analysis of Disposal Materials or Byproducts; Disposal at Designated Local Government Solid Waste Disposal Facilities.

376.305 - Removal of Prohibited Discharges.

376.306 - Cattle-Dipping Vats; Legislative Findings; Liability.

376.307 - Water Quality Assurance Trust Fund.

376.30701 - Application of Risk-Based Corrective Action Principles to Contaminated Sites; Applicability; Legislative Intent; Rulemaking Authority; Contamination Cleanup Criteria; Limitations; Reopeners.

376.30702 - Contamination Notification.

376.3071 - Inland Protection Trust Fund; Creation; Purposes; Funding.

376.30713 - Advanced Cleanup.

376.30714 - Site Rehabilitation Agreements.

376.30715 - Innocent Victim Petroleum Storage System Restoration.

376.30716 - Cleanup of Certain Sites.

376.3072 - Florida Petroleum Liability and Restoration Insurance Program.

376.3073 - Local Programs and State Agency Programs for Control of Contamination.

376.3075 - Inland Protection Financing Corporation.

376.3077 - Unlawful to Deposit Motor Fuel in Tank Required to Be Registered, Without Proof of Registration Display.

376.3078 - Drycleaning Facility Restoration; Funds; Uses; Liability; Recovery of Expenditures.

376.30781 - Tax Credits for Rehabilitation of Drycleaning-Solvent-Contaminated Sites and Brownfield Sites in Designated Brownfield Areas; Application Process; Rulemaking Authority; Revocation Authority.

376.3079 - Third-Party Liability Insurance.

376.308 - Liabilities and Defenses of Facilities.

376.309 - Facilities, Financial Responsibility.

376.311 - Penalties for a Discharge.

376.313 - Nonexclusiveness of Remedies and Individual Cause of Action for Damages Under Ss. 376.30-376.317.

376.315 - Construction of Ss. 376.30-376.317.

376.317 - Superseded Laws; State Preemption.

376.320 - Applicability.

376.321 - Definitions; Ss. 376.320-376.326.

376.322 - Powers and Duties of the Department.

376.323 - Registration.

376.324 - Containment and Integrity Plan.

376.325 - Alternative to Containment and Integrity Plan Requirements.

376.326 - Application of S. 376.317.

376.40 - Petroleum Exploration and Production; Purposes; Funding.

376.41 - Minerals Trust Fund.

376.60 - Asbestos Removal Program Inspection and Notification Fee.

376.70 - Tax on Gross Receipts of Drycleaning Facilities.

376.71 - Registration Fee and Gross Receipts Tax; Exemptions.

376.75 - Tax on Production or Importation of Perchloroethylene.

376.77 - Short Title.

376.78 - Legislative Intent.

376.79 - Definitions Relating to Brownfields Redevelopment Act.

376.80 - Brownfield Program Administration Process.

376.81 - Brownfield Site and Brownfield Areas Contamination Cleanup Criteria.

376.82 - Eligibility Criteria and Liability Protection.

376.83 - Violation; Penalties.

376.84 - Brownfield Redevelopment Economic Incentives.

376.85 - Annual Report.

376.91 - Statewide Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances.