(1) It shall be a violation of this chapter and it shall be prohibited for any reason:
(a) To discharge pollutants or hazardous substances into or upon the surface or ground waters of the state or lands, which discharge violates any departmental “standard” as defined in s. 403.803(13).
(b) To fail to obtain any permit or registration required by this chapter or by rule, or to violate or fail to comply with any statute, rule, order, permit, registration, or certification adopted or issued by the department pursuant to its lawful authority.
(c) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, registration, rule, or order issued under this chapter.
(2) Except as provided in s. 376.311, any person who commits a violation specified in subsection (1) is liable to the state for any damage caused and for civil penalties as provided in s. 403.141.
(3) Any person who willfully commits a violation specified in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of not less than $2,500 or more than $25,000, or punishable by 1 year in jail, or by both for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.
(4) Any person who commits a violation specified in paragraph (1)(c) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of not more than $10,000, or by 6 months in jail, or by both for each offense.
(5) A person who commits fraud in representing his or her qualifications as a contractor or in submitting a payment invoice pursuant to s. 376.3071 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) It is the legislative intent that the civil penalties and criminal fines imposed by the court be of such amount as to ensure immediate and continued compliance with this act.
History.—s. 84, ch. 83-310; s. 8, ch. 84-338; s. 4, ch. 92-30; s. 1, ch. 94-311; s. 4, ch. 94-355; s. 6, ch. 2014-151.
Structure 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.
376.07 - 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.
376.121 - Liability for Damage to Natural Resources.
376.123 - Claims Against the Florida Coastal Protection Trust Fund.
376.13 - Emergency Proclamation; Governor’s Powers.
376.16 - 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.
376.305 - Removal of Prohibited Discharges.
376.306 - Cattle-Dipping Vats; Legislative Findings; Liability.
376.307 - Water Quality Assurance Trust Fund.
376.30702 - Contamination Notification.
376.3071 - Inland Protection Trust Fund; Creation; Purposes; Funding.
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.
376.3078 - Drycleaning Facility Restoration; Funds; Uses; Liability; Recovery of Expenditures.
376.3079 - Third-Party Liability Insurance.
376.308 - Liabilities and Defenses of Facilities.
376.309 - Facilities, Financial Responsibility.
376.311 - Penalties for a Discharge.
376.315 - Construction of Ss. 376.30-376.317.
376.317 - Superseded Laws; State Preemption.
376.321 - Definitions; Ss. 376.320-376.326.
376.322 - Powers and Duties of the Department.
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.
376.60 - 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.
376.79 - 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.
376.91 - Statewide Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances.