Florida Statute 376.305 | 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. 376.305

376.305 Removal of prohibited discharges.—

(1) Any person discharging a pollutant as prohibited by ss. 376.30-376.317 shall immediately undertake to contain, remove, and abate the discharge to the satisfaction of the department. However, such an undertaking to contain, remove, or abate a discharge shall not be deemed an admission of responsibility for the discharge by the person taking such action. Notwithstanding this requirement, the department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the department.

(2) If the person causing the discharge, or the person in charge of facilities at which the discharge has taken place, fails to act immediately, the department may arrange for the removal of the pollutant; except that, if the pollutant was discharged into or upon the navigable waters of the United States, the department shall act in accordance with the national contingency plan for removal of such pollutant as established pursuant to the Federal Water Pollution Control Act, as amended, and the costs of removal incurred by the department shall be paid in accordance with the applicable provisions of that law. Federal funds provided under that act shall be used to the maximum extent possible prior to the expenditure of state funds.

(3) No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the department or its designee, shall be construed as an admission of liability for the discharge.

(4) No person who, voluntarily or at the request of the department or its designee, renders assistance in containing or removing any pollutant shall be liable for any civil damages to third parties resulting solely from the acts or omissions of such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct.

(5) Nothing in ss. 376.30-376.317 shall affect the right of any person to render assistance in containing or removing any pollutant or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the pollutant.

(6) The Legislature created the Abandoned Tank Restoration Program in response to the need to provide financial assistance for cleanup of sites that have abandoned petroleum storage systems. For purposes of this subsection, the term “abandoned petroleum storage system” means a petroleum storage system that has not stored petroleum products for consumption, use, or sale since March 1, 1990. The department shall establish the Abandoned Tank Restoration Program to facilitate the restoration of sites contaminated by abandoned petroleum storage systems.

(a) To be included in the program:

1. An application must be submitted to the department certifying that the system has not stored petroleum products for consumption, use, or sale at the facility since March 1, 1990.

2. The owner or operator of the petroleum storage system when it was in service must have ceased conducting business involving consumption, use, or sale of petroleum products at that facility on or before March 1, 1990.

3. The site is not otherwise eligible for the cleanup programs pursuant to s. 376.3072.

4. The site is not otherwise eligible for the Petroleum Cleanup Participation Program under s. 376.3071(13) based on any discharge reporting form received by the department before January 1, 1995, or a written report of contamination submitted to the department on or before December 31, 1998.

(b) In order to be eligible for the program, petroleum storage systems from which a discharge occurred must be closed pursuant to department rules before an eligibility determination. However, if the department determines that the owner of the facility cannot financially comply with the department’s petroleum storage system closure requirements and all other eligibility requirements are met, the petroleum storage system closure requirements shall be waived. The department shall take into consideration the owner’s net worth and the economic impact on the owner in making the determination of the owner’s financial ability.

(d) The following sites are excluded from eligibility:

1. Sites on property of the Federal Government;

2. Sites contaminated by pollutants that are not petroleum products; or

3. Sites where the department has been denied site access.

(e) Participating sites are subject to a deductible as determined by rule, not to exceed $10,000.

History.—s. 84, ch. 83-310; s. 13, ch. 86-159; s. 12, ch. 90-98; s. 13, ch. 91-305; s. 6, ch. 92-30; s. 2, ch. 94-311; s. 1016, ch. 95-148; s. 4, ch. 96-277; s. 60, ch. 2007-5; s. 7, ch. 2014-151; s. 8, ch. 2016-184.

F.S. 376.305 on Google Scholar

F.S. 376.305 on Casetext

Amendments to 376.305

Arrestable Offenses / Crimes under Fla. Stat. 376.305

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.305.

Annotations, Discussions, Cases:

Cases Citing Statute 376.305

Total Results: 10

Z.K. Mart, Inc. v. State, Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2010-06-22

Citation: 38 So. 3d 857, 2010 Fla. App. LEXIS 8976, 2010 WL 2484413

Snippet: began cleanup activities as required under section 376.305, Florida Statutes. After an extensive delay, the

Kerper v. Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2005-01-14

Citation: 894 So. 2d 1006, 2005 Fla. App. LEXIS 188, 2005 WL 74097

Snippet: Site Case" is an unpromulgated rule; (6) section 376.305, Florida Statutes is facially unconstitutional

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: the conduct of specific violators. See, e.g., § 376.305(2) Fla. Stat. (2002) ("If the person causing the

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: 12, at 252, Laws of Fla. (current version at § 376.305(6), Fla. Stat. (2002)).

Federated Mut. Ins. Co. v. Germany

Court: District Court of Appeal of Florida | Date Filed: 1998-07-02

Citation: 712 So. 2d 1245, 1998 Fla. App. LEXIS 8022, 1998 WL 349496

Snippet: the prohibited "discharge" of a pollutant. See § 376.305, .313, Fla. Stat. (1987). Deford apparently filed

J.H. Williams Oil Co. v. Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 1998-03-06

Citation: 707 So. 2d 904, 1998 Fla. App. LEXIS 2130, 1998 WL 95340

Snippet: under Florida’s “Good Samaritan Statute.” See § 376.305(6), Fla. Stat. (1991), repealed by ch. 96-277,

Ober v. Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 1997-02-28

Citation: 688 So. 2d 435, 1997 Fla. App. LEXIS 1802, 1997 WL 82116

Snippet: Restoration Program in accordance with section 376.305(7), Fla. Stat.1 This program provides financial

Kaplan v. Peterson

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

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

Snippet: discharge to the department's satisfaction." § 376.305(1), Fla.Stat. (1989). Section 376.313(3) also provides

Suddath Van Lines v. DEPT. OF ENVIR. PROTECTION

Court: District Court of Appeal of Florida | Date Filed: 1996-01-16

Citation: 668 So. 2d 209, 1996 WL 12618

Snippet: in the ATRP under the provisions of subsection 376.305(7), Florida Statutes (Supp.1992), and Florida Administrative

Hughes Supply, Inc. v. Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1993-07-30

Citation: 622 So. 2d 1056, 1993 Fla. App. LEXIS 7940, 1993 WL 284587

Snippet: supported by several sections of Chapter 376: 376.305 Removal of prohibited discharges.— (1) Any person