Florida Statutes
Chapter 376 - Pollutant Discharge Prevention and Removal
376.79 - Definitions Relating to Brownfields Redevelopment Act.


(1) “Additive effects” means a scientific principle that the toxicity that occurs as a result of exposure is the sum of the toxicities of the individual chemicals to which the individual is exposed.
(2) “Antagonistic effects” means a scientific principle that the toxicity that occurs as a result of exposure is less than the sum of the toxicities of the individual chemicals to which the individual is exposed.
(3) “Background concentration” means the concentration of contaminants naturally occurring or resulting from anthropogenic impacts unrelated to the discharge of pollutants or hazardous substances at a contaminated site undergoing site rehabilitation.
(4) “Brownfield sites” means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination.
(5) “Brownfield area” means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency-designated brownfield pilot projects.
(6) “Contaminant” means any physical, chemical, biological, or radiological substance present in any medium which may result in adverse effects to human health or the environment or which creates an adverse nuisance, organoleptic, or aesthetic condition in groundwater.
(7) “Contaminated site” means any contiguous land, sediment, surface water, or groundwater areas that contain contaminants that may be harmful to human health or the environment.
(8) “Department” means the Department of Environmental Protection.
(9) “Engineering controls” means modifications to a site to reduce or eliminate the potential for exposure to chemicals of concern from petroleum products, drycleaning solvents, or other contaminants. Such modifications may include, but are not limited to, physical or hydraulic control measures, capping, point of use treatments, or slurry walls.
(10) “Environmental justice” means the fair treatment of all people of all races, cultures, and incomes with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
(11) “Institutional controls” means the restriction on use of or access to a site to eliminate or minimize exposure to chemicals of concern from petroleum products, drycleaning solvents, or other contaminants. Such restrictions may include, but are not limited to, deed restrictions, restrictive covenants, or conservation easements.
(12) “Local pollution control program” means a local pollution control program that has received delegated authority from the Department of Environmental Protection under ss. 376.80(9) and 403.182.
(13) “Long-term natural attenuation” means natural attenuation approved by the department as a site rehabilitation program task for a period of more than 5 years.
(14) “Natural attenuation” means a verifiable approach to site rehabilitation that allows natural processes to contain the spread of contamination and reduce the concentrations of contaminants in contaminated groundwater and soil. Natural attenuation processes may include sorption, biodegradation, chemical reactions with subsurface materials, diffusion, dispersion, and volatilization.
(15) “Person responsible for brownfield site rehabilitation” means the individual or entity that is designated by the local government to enter into the brownfield site rehabilitation agreement with the department or an approved local pollution control program and enters into an agreement with the local government for redevelopment of the site.
(16) “Person” means any individual, partner, joint venture, or corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity.
(17) “Risk reduction” means the lowering or elimination of the level of risk posed to human health or the environment through interim remedial actions, remedial action, or institutional, and if appropriate, engineering controls.
(18) “Secretary” means the secretary of the Department of Environmental Protection.
(19) “Site rehabilitation” means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. For purposes of sites subject to the Resource Conservation and Recovery Act, as amended, the term includes removal, decontamination, and corrective action of releases of hazardous substances.
(20) “Source removal” means the removal of free product, or the removal of contaminants from soil or sediment that has been contaminated to the extent that leaching to groundwater or surface water has occurred or is occurring.
(21) “Synergistic effects” means a scientific principle that the toxicity that occurs as a result of exposure is more than the sum of the toxicities of the individual chemicals to which the individual is exposed.
History.—s. 3, ch. 97-277; s. 2, ch. 98-75; s. 10, ch. 2000-317; s. 1, ch. 2004-40; s. 4, ch. 2008-239; s. 3, ch. 2016-184.

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.