(1) Upon agreement between a local governmental agency and the department, treated waste resulting from the department’s cleanup or restoration of contaminated groundwater may be discharged to a publicly owned treatment works under the jurisdiction of the local governmental agency.
(2) Upon a demonstration by the local government that it incurred damages and costs, including attorney’s fees, as a result of the discharge from the department’s cleanup operations, the department shall pay for all actual damages and costs, including, but not limited to, the cost of bringing the facility into compliance with any state or federal requirements.
(3) Should the discharge from the department’s cleanup operations exceed agreed upon pretreatment limits, the department shall pay the local government an agreed upon sum for each occasion that the discharge exceeds pretreatment limits without proof of damages as required by subsection (2).
(4) The limitation on damages provided by s. 768.28(5) shall not apply to any obligation or payment which may become due under this section.
History.—s. 10, ch. 86-186.
Structure Florida Statutes
Chapter 403 - Environmental Control
Part I - Pollution Control (Ss. 403.011-403.4155)
403.021 - Legislative declaration; public policy.
403.051 - Meetings; hearings and procedure.
403.061 - Department; powers and duties.
403.0611 - Alternative methods of regulatory permitting; department duties.
403.0615 - Water resources restoration and preservation.
403.0616 - Real-time water quality monitoring program.
403.0617 - Innovative nutrient and sediment reduction and conservation pilot project program.
403.062 - Pollution control; underground, surface, and coastal waters.
403.0623 - Environmental data; quality assurance.
403.063 - Groundwater quality monitoring.
403.064 - Reuse of reclaimed water.
403.0645 - Reclaimed water use at state facilities.
403.067 - Establishment and implementation of total maximum daily loads.
403.0671 - Basin management action plan wastewater reports.
403.0673 - Wastewater grant program.
403.072 - Pollution Prevention Act.
403.073 - Pollution prevention; state goal; agency programs; public education.
403.074 - Technical assistance by the department.
403.0741 - Grease waste removal and disposal.
403.075 - Legislative findings.
403.0752 - Ecosystem management agreements.
403.077 - Public notification of pollution.
403.078 - Effect on other law.
403.081 - Performance by other state agencies.
403.0855 - Biosolids management.
403.086 - Sewage disposal facilities; advanced and secondary waste treatment.
403.08601 - Leah Schad Memorial Ocean Outfall Program.
403.087 - Permits; general issuance; denial; revocation; prohibition; penalty.
403.0871 - Florida Permit Fee Trust Fund.
403.0872 - Operation permits for major sources of air pollution; annual operation license fee.
403.0873 - Florida Air-Operation License Fee Account.
403.08735 - Air emissions trading.
403.0874 - Air Pollution Control Trust Fund.
403.0876 - Permits; processing.
403.088 - Water pollution operation permits; conditions.
403.0881 - Wastewater or reuse or disposal systems or water treatment works; construction permits.
403.0882 - Discharge of demineralization concentrate.
403.08852 - Clarification of requirements under rule 62-302.520(2), F.A.C.
403.0891 - State, regional, and local stormwater management plans and programs.
403.0893 - Stormwater funding; dedicated funds for stormwater management.
403.0896 - Training and assistance for stormwater management system personnel.
403.092 - Package sewage treatment facilities; inspection.
403.111 - Confidential records.
403.121 - Enforcement; procedure; remedies.
403.131 - Injunctive relief, remedies.
403.135 - Persons who accept wastewater for spray irrigation; civil liability.
403.141 - Civil liability; joint and several liability.
403.151 - Compliance with rules or orders of department.
403.161 - Prohibitions, violation, penalty, intent.
403.1655 - Environmental short-term emergency response program.
403.182 - Local pollution control programs.
403.1832 - Grants and Donations Trust Fund.
403.1834 - State bonds to finance or refinance facilities; exemption from taxation.
403.1835 - Water pollution control financial assistance.
403.1837 - Florida Water Pollution Control Financing Corporation.
403.1838 - Small Community Sewer Construction Assistance Act.
403.191 - Construction in relation to other law.
403.231 - Department of Legal Affairs to represent the state.
403.281 - Definitions; weather modification law.
403.291 - Purpose of weather modification law.
403.301 - Artificial weather modification operation; license required.
403.311 - Application for weather modification licensing; fee.
403.321 - Proof of financial responsibility.
403.331 - Issuance of license; suspension or revocation; renewal.
403.341 - Filing and publication of notice of intention to operate; limitation on area and time.
403.351 - Contents of notice of intention.
403.361 - Publication of notice of intention.
403.371 - Proof of publication.
403.381 - Record and reports of operations.
403.401 - Suspension or revocation of license.
403.412 - Environmental Protection Act.
403.41315 - Comprehensive illegal dumping, litter, and marine debris control and prevention.
403.4132 - Litter pickup and removal.
403.4133 - Adopt-a-Shore Program.
403.4135 - Litter receptacles.
403.414 - Environmental award program.
403.415 - Motor vehicle noise.
403.4151 - Exempt motor vehicles.
403.4153 - Federal preemption.