Florida Statute 376.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

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F.S. 376.30

376.30 Legislative intent with respect to pollution of surface and ground waters.—

(1) The Legislature finds and declares:

(a) That certain lands and waters of Florida constitute unique and delicately balanced resources and that the protection of these resources is vital to the economy of this state;

(b) That the preservation of surface and ground waters is a matter of the highest urgency and priority, as these waters provide the primary source for potable water in this state; and

(c) That such use can only be served effectively by maintaining the quality of state waters 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.

(2) The Legislature further finds and declares that:

(a) The storage, transportation, and disposal of pollutants, drycleaning solvents, and hazardous substances within the jurisdiction of the state and state waters is a hazardous undertaking;

(b) Spills, discharges, and escapes of pollutants, drycleaning solvents, and hazardous substances that occur as a result of procedures taken by private and governmental entities involving the storage, transportation, and disposal of such products pose threats of great danger and damage to the environment of the state, to citizens of the state, and to other interests deriving livelihood from the state;

(c) Such hazards have 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 set forth in this section; and

(d) Such state interests outweigh any economic burdens imposed by the Legislature upon those engaged in storing, transporting, or disposing of pollutants, drycleaning solvents, and hazardous substances and related activities.

(3) The Legislature intends by the enactment of ss. 376.30-376.317 to exercise the police power of the state by conferring upon the Department of Environmental Protection the power to:

(a) Deal with the environmental and health hazards and threats of danger and damage posed by such storage, transportation, disposal, and related activities;

(b) Require the prompt containment and removal of products occasioned thereby; and

1. Provide for expeditious restoration or replacement of potable water systems or potable private wells of affected persons where health hazards exist due to contamination from pollutants (which may include provision of bottled water on a temporary basis, after which a more stable and convenient source of potable water shall be provided) and hazardous substances, subject to the following conditions:

a. For the purposes of this subparagraph, the term “restoration” means restoration of a contaminated potable water supply to a level which meets applicable water quality standards or applicable water quality criteria, as adopted by rule, for the contaminant or contaminants present in the water supply, or, where no such standards or criteria have been adopted, to a level that is determined to be a safe, potable level by the State Health Officer in the Department of Health, through the installation of a filtration system and provision of replacement filters as necessary or through employment of repairs or another treatment method or methods designed to remove or filter out contamination from the water supply; and the term “replacement” means replacement of a well or well field or connection to an alternative source of safe, potable water.

b. For the purposes of the Inland Protection Trust Fund and the drycleaning facility restoration funds in the Water Quality Assurance Trust Fund as provided in s. 376.3078, such restoration or replacement shall take precedence over other uses of the unobligated moneys within the fund after payment of amounts appropriated annually from the Inland Protection Trust Fund for payments under any service contract entered into by the department pursuant to s. 376.3075.

c. Funding for activities described in this subparagraph shall not exceed $10 million for any one county for any one year, other than for the provision of bottled water.

d. Funding for activities described in this subparagraph shall not be available to fund any increase in the capacity of a potable water system or potable private well over the capacity which existed prior to such restoration or replacement, unless such increase is the result of the use of a more cost-effective alternative than other alternatives available.

2. Provide for the inspection and supervision of activities described in this subsection.

3. Guarantee the prompt payment of reasonable costs resulting therefrom, including those administrative costs incurred by the Department of Health in providing field and laboratory services, toxicological risk assessment, and other services to the department in the investigation of drinking water contamination complaints.

(4) The Legislature further finds and declares that the preservation of the quality of surface and ground waters is of prime public interest and concern to the state in promoting its general welfare, preventing disease, promoting health, and providing for the public safety and that the interest of the state in such preservation outweighs any burdens of liability imposed by the Legislature upon those persons engaged in storing pollutants and hazardous substances and related activities.

(5) The Legislature further declares that it is the intent of ss. 376.30-376.317 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. 84, ch. 83-310; s. 5, ch. 84-338; s. 10, ch. 86-159; s. 1, ch. 89-188; s. 2, ch. 92-30; s. 2, ch. 94-355; s. 296, ch. 94-356; s. 1, ch. 96-277; s. 46, ch. 96-321; s. 7, ch. 98-189; s. 68, ch. 99-8; s. 57, ch. 2007-5.

F.S. 376.30 on Google Scholar

F.S. 376.30 on Casetext

Amendments to 376.30

Arrestable Offenses / Crimes under Fla. Stat. 376.30

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.30.

Annotations, Discussions, Cases:

Cases Citing Statute 376.30

Total Results: 20

Charles L. Lieupo v. Simon's Trucking, Inc.

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: passed in 1983 and codified at sections 376.30–376.317, Florida Statutes, (the “1983 act”)

Simon's Trucking, Inc. v. Charles A. Lieupo

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 370

Snippet: Assurance Act, passed in 1983 and codified at sections 376.30-376.317, Florida Statutes, (the “1983 act”). The

Curd v. Mosaic Fertilizer, LLC

Court: Supreme Court of Florida | Date Filed: 2010-06-17

Citation: 39 So. 3d 1216, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20172, 2010 A.M.C. 2211, 35 Fla. L. Weekly Supp. 341, 71 ERC (BNA) 1005, 2010 Fla. LEXIS 944, 2010 WL 2400384

Snippet: 376.3078(3) and (11), nothing contained in ss. 376.30-376.319 prohibits any person from bringing a cause

Curd v. Mosaic Fertilizer, LLC

Court: District Court of Appeal of Florida | Date Filed: 2008-09-17

Citation: 993 So. 2d 1078, 2008 WL 4224835

Snippet: 376.3078(3) and (11), nothing contained in ss. 376.30-376.319 prohibits any person from bringing a cause

ARAMARK UNIFORM AND APPAREL v. Easton

Court: Supreme Court of Florida | Date Filed: 2004-10-07

Citation: 894 So. 2d 20, 29 Fla. L. Weekly Supp. 551, 34 Envtl. L. Rep. (Envtl. Law Inst.) 20115, 2004 Fla. LEXIS 1743, 2004 WL 2251847

Snippet: ANALYSIS The statute at issue is found within sections 376.30-376.319, Florida Statutes (2002), originally enacted

D'Alto v. State Dept. of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2003-11-06

Citation: 860 So. 2d 1003, 2003 Fla. App. LEXIS 16813, 2003 WL 22508283

Snippet: See also § 376.315, Fla. Stat. (2002) ("Sections 376.30-376.319, being necessary for the general welfare

Easton v. Aramark Uniform and Career

Court: District Court of Appeal of Florida | Date Filed: 2002-08-06

Citation: 825 So. 2d 996, 2002 Fla. App. LEXIS 11184, 2002 WL 1790889

Snippet: other provision of law, nothing contained in ss. 376.30-376.319 prohibits any person from bringing a cause

Stivers v. Ford Motor Credit Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-12-27

Citation: 777 So. 2d 1023, 2000 Fla. App. LEXIS 16890, 2000 WL 1872986

Snippet: (2000) ("hazard to the groundwater resources"); §§ 376.30(3)(a), 376.78(1), 381.0101, Fla. Stat. (2000) ("environmental

Morgan v. WR Grace & Co.-Conn.

Court: District Court of Appeal of Florida | Date Filed: 2000-12-08

Citation: 779 So. 2d 503, 2000 WL 1800555

Snippet: her allegations that W.R. Grace violated sections 376.30 to 376.319, Florida Statutes (1983).[2] This court

State v. Inland Protection Financing Corp.

Court: Supreme Court of Florida | Date Filed: 1997-10-02

Citation: 699 So. 2d 1352, 1997 WL 602704

Snippet: petroleum storage tank cleanup program. See §§ 376.30-.3195, Fla. *1354 Stat. (1995 & Supp.1996) (hereinafter

DEPT. OF ENVIRON. PROTECTION v. Gibbins

Court: District Court of Appeal of Florida | Date Filed: 1997-06-13

Citation: 696 So. 2d 888, 1997 WL 317044

Snippet: petroleum contamination, as mandated by section 376.30(4), constituted a taking. Because we hold that

Kaplan v. Peterson

Court: District Court of Appeal of Florida | Date Filed: 1996-05-31

Citation: 674 So. 2d 201, 1996 WL 283690

Snippet: Rylands v. Fletcher, L.R., 3 H.L. 330 (1868). [6] § 376.30, Fla.Stat. (1989). This statute was originally

Boardman Petro. v. Tropic Tint of Jupiter

Court: District Court of Appeal of Florida | Date Filed: 1996-02-21

Citation: 668 So. 2d 308, 1996 WL 71262

Snippet: entitled to an award of attorney's fees under sections 376.30 and 45.061, Florida Statutes (1993). Attorneys

Mostoufi v. Presto Food Stores, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-04-16

Citation: 618 So. 2d 1372, 1993 WL 114770

Snippet: provides as follows: [N]othing contained in ss. 376.30-376.319 prohibits any person from bringing a cause

Everglades Pipeline Co. v. State Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1990-03-27

Citation: 562 So. 2d 704, 1990 Fla. App. LEXIS 1940, 1990 WL 33117

Snippet: The legislative intent, expressed in section 376.-30(l)(b), Florida Statutes (1987) is to preserve surface

Cunningham v. Anchor Hocking Corp.

Court: District Court of Appeal of Florida | Date Filed: 1990-03-01

Citation: 558 So. 2d 93, 1990 WL 19935

Snippet: portion of Chapter 376, Florida Statutes, Sections 376.30 through 376.319, deals with environmental and health

Sunshine Jr. Stores, Inc. v. STATE, DER

Court: District Court of Appeal of Florida | Date Filed: 1990-02-02

Citation: 556 So. 2d 1177, 1990 WL 7630

Snippet: (1985), stating that the provisions of sections 376.30 through 376.315 shall be liberally construed to

Alachua County v. Lewis Oil Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-12-29

Citation: 554 So. 2d 1210, 1989 Fla. App. LEXIS 7450, 1989 WL 155602

Snippet: storage tanks. We affirm. Pursuant to Sections 376.30-376.317, Florida Statutes (Supp.1986), the state

Commercial Coating Corp. v. State, Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1989-06-27

Citation: 548 So. 2d 677, 14 Fla. L. Weekly 1559, 1989 Fla. App. LEXIS 3605

Snippet: explains how the Act is to be construed: Sections 376.30-376.319, being necessary for the general welfare

Alachua County v. Lewis Oil Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-12-09

Citation: 516 So. 2d 1033, 1987 WL 2640

Snippet: for which Lewis Oil seeks approval. In sections 376.30-376.317, Florida Statutes (1985), the state preempted