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The 2025 Florida Statutes
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F.S. 376.30376.30 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 (c) Establish a program which will enable the department to: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.
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Annotations, Discussions, Cases:
Cases Citing Statute 376.30
Total Results: 13
558 So. 2d 93, 1990 WL 19935
District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 1726292
Cited 33 times | Published
transportation, and disposal of pollutants. Section 376.30(2)(b), Florida Statutes, declares the legislative
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
Supreme Court of Florida | Filed: Jun 17, 2010 | Docket: 60294850
Cited 19 times | Published
Pollution Control Act, as amended.” Additionally, section 376.30, which gives legislative intent regarding pollution
618 So. 2d 1372, 1993 WL 114770
District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 1376290
Cited 11 times | Published
those lands and waters by pollutant discharge. See § 376.30. To interpret section 376.313(3) to provide for
674 So. 2d 201, 1996 WL 283690
District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1195287
Cited 7 times | Published
Rylands v. Fletcher, L.R., 3 H.L. 330 (1868).
[6] § 376.30, Fla.Stat. (1989). This statute was originally
319 F.R.D. 346, 102 Fed. R. Serv. 1203, 2017 U.S. Dist. LEXIS 44598, 2017 WL 1132570
District Court, N.D. Florida | Filed: Mar 20, 2017 | Docket: 66058698
Cited 6 times | Published
Florida's Water Quality Assurance Act, Fla. Stat. § 376.30, et seq„ as well as common law claims for strict
556 So. 2d 1177, 1990 WL 7630
District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 542838
Cited 4 times | Published
Consider the following legislative declarations in Section 376.30, Florida Statutes (1985):[7]
(1) The Legislature
696 So. 2d 888, 1997 WL 317044
District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1326001
Cited 2 times | Published
remediate petroleum contamination, as mandated by section 376.30(4), constituted a taking. Because we hold that
841 F. Supp. 2d 1257, 2012 WL 161330, 2012 U.S. Dist. LEXIS 6991
District Court, S.D. Florida | Filed: Jan 18, 2012 | Docket: 65978826
Cited 1 times | Published
violation of Florida’s Water Quality Assurance Act, § 376.30, Fla. Stat. (2004) (Count VI).
The subject utility
121 F. Supp. 2d 1365, 1999 U.S. Dist. LEXIS 22497, 1999 WL 33221030
District Court, M.D. Florida | Filed: Jul 16, 1999 | Docket: 2372369
Cited 1 times | Published
contingency plan for removal of pollutants." See § 376.30(5), Fla.Stat. (1997).
Based on the overwhelming
Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761666
Published
by pollution of ground
and surface waters. See § 376.30, Fla. Stat. (2011) (entitled “Legislative intent
244 So. 3d 370
District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366182
Published
section 376.313(3) and
the language used in section 376.30 are clear and unambiguous,
and we rely solely
562 So. 2d 704, 1990 Fla. App. LEXIS 1940, 1990 WL 33117
District Court of Appeal of Florida | Filed: Mar 27, 1990 | Docket: 64651020
Published
pipe. The legislative intent, expressed in section 376.-30(l)(b), Florida Statutes (1987) is to preserve
489 So. 2d 771, 11 Fla. L. Weekly 966, 1986 Fla. App. LEXIS 7455
District Court of Appeal of Florida | Filed: Apr 24, 1986 | Docket: 64619890
Published
the statute in question.
In the adoption of section 376.30, et seq., the Legislature has expressly declared
