Florida Statutes
Chapter 376 - Pollutant Discharge Prevention and Removal
376.051 - Powers and Duties of the Department of Environmental Protection.


(1) The powers and duties conferred by ss. 376.011-376.21 shall be exercised by the department and shall be deemed to be an essential governmental function in the exercise of the police power of the state. The department may call upon any other state agency for consultative services and technical advice and the agencies are directed to cooperate in said request.
(2) The powers and duties of the department under ss. 376.011-376.21 shall extend to the boundaries of the state described in s. 1, Art. II of the State Constitution.
(3) Registration certificates and discharge prevention and response certificates required under ss. 376.011-376.21 shall be issued from the department subject to such terms and conditions as are set forth in ss. 376.011-376.21 and as set forth in rules adopted by the department as authorized herein.
(4) Whenever it becomes necessary for the state to protect the public interest under ss. 376.011-376.21, it shall be the duty of the department to keep an accurate record of costs and expenses incurred and thereafter diligently to pursue the recovery of any sums so incurred from the person responsible or from the Government of the United States under any applicable federal act.
(5) The department may bring an action on behalf of the state to enforce the liabilities imposed by s. 376.12. The Department of Legal Affairs shall represent the department in any such proceeding.
(6) The department is specifically authorized to utilize risk-based cleanup criteria as described in ss. 376.3071, 376.3078, and 376.81 in conducting cleanups on lands owned by the state university system.
History.—s. 5, ch. 70-244; s. 2, ch. 71-137; s. 5, ch. 74-336; s. 62, ch. 79-65; s. 81, ch. 83-310; s. 11, ch. 90-54; s. 5, ch. 92-113; s. 290, ch. 94-356; s. 6, ch. 2000-317.

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.