376.031 Definitions. ---
When used
in ss. 376.011-376.21, unless the context clearly
requires otherwise, the term:
(1) "Barrel" means 42 U.S. gallons at 60 degrees
Fahrenheit.
(2) "Board" means the board of arbitration.
(3) "Coastline" means the line of mean low water along the
portion of the coast that is in direct contact with the open sea and the line
marking the seaward limit of inland waters, as determined under the
Convention on Territorial Seas and the Contiguous Zone, 15 U.S.T. (Pt. 2)
1606.
(4) "Damage" means the documented extent of any destruction
to or loss of any real or personal property, or the documented extent of any
destruction of the environment and natural resources, including all living
things except human beings, as the direct result of the discharge of a
pollutant.
(5) "Department" means the Department of Environmental
Protection.
(6) "Discharge" includes, but is not limited to, any
spilling, leaking, seeping, pouring, emitting, emptying, or dumping which
occurs within the territorial limits of the state or outside the territorial
limits of the state and affects lands and waters within the territorial
limits of the state.
(7) "Discharge cleanup organization" means any group,
incorporated or unincorporated, of owners or operators of waterfront terminal
facilities in any port or harbor of the state, and any other person who may
elect to join, organized for the purpose of containing and cleaning up
discharges of pollutants through cooperative efforts and shared equipment and
facilities. For the purposes of ss. 376.011-376.21, any third-party cleanup
contractor or any local government shall be recognized as a discharge cleanup
organization, provided such contractor or local government is properly
certified by the department.
(8) "Fund" means the Florida Coastal Protection Trust
Fund.
(9) "Marine fueling facility" means a commercial or
recreational coastal facility providing fuel to vessels, excluding a bulk
product facility.
(10) "Other measurements" means measurements set by the
department for products transferred at terminals which are other than fluid
or which are not commonly measured by the barrel.
(11) "Owner" means any person owning a terminal facility;
"operator" means any person operating a terminal facility, whether by
lease, contract, or other form of agreement.
(12) "Person" means any individual, partner, joint venture,
corporation; any group of the foregoing, organized or united for a business
purpose; or any governmental entity.
(13) "Person in charge" means the person on the scene who is
in direct, responsible charge of a terminal facility or vessel from which
pollutants are discharged, when the discharge occurs.
(14) "Pollutants" includes oil of any kind and in any form,
gasoline, pesticides, ammonia, chlorine, and derivatives thereof, excluding
liquefied petroleum gas.
(15) "Pollution" means the presence in the outdoor
atmosphere or waters of the state of any one or more substances or pollutants
in quantities which are or may be potentially harmful or injurious to human
health or welfare, animal or plant life, or property or which may
unreasonably interfere with the enjoyment of life or property, including
outdoor recreation.
(16) "Registrant" is a terminal facility required to possess
a valid registration certificate to operate as a terminal
facility.
(17) "Secretary" means the Secretary of Environmental
Protection.
(18) "Technical feasibility" or "technically feasible"
means that given available technology, a restoration project can be
successfully completed.
(19) "Terminal facility" means any waterfront or offshore
facility of any kind, other than vessels not owned or operated by such
facility, and directly associated waterfront or offshore appurtenances
including pipelines located on land, including submerged lands, or on or
under the surface of any kind of water, which facility and related
appurtenances are used or capable of being used for the purpose of drilling
for, pumping, storing, handling, transferring, processing, or refining
pollutants, including, but not limited to, any such facility and related
appurtenances owned or operated by a public utility or a governmental or
quasi-governmental body. A vessel shall be considered a terminal facility
only in the event of a ship-to-ship transfer of pollutants, and only that
vessel going to or coming from the place of transfer and the terminal
facility. For the purposes of ss. 376.011-376.21, the term "terminal
facility" shall not be construed to include waterfront facilities owned and
operated by governmental entities acting as agents of public convenience for
operators engaged in the drilling for or pumping, storing, handling,
transferring, processing, or refining of pollutants; however, each operator
engaged in the drilling for or pumping, storing, handling, transferring,
processing, or refining of pollutants through a waterfront facility owned and
operated by such a governmental entity shall be construed as a terminal
facility.
(20) "Transfer" or "transferred" includes onloading or
offloading between terminal facility and vessel, vessel and vessel, or
terminal facility and terminal facility.
(21) "Vessel" includes every description of watercraft or
other contrivance used, or capable of being used, as a means of
transportation on water, whether self-propelled or otherwise, and includes
barges and tugs.
History: s. 3, ch. 70-244; s. 1, ch. 71-243; s. 3, ch. 74-336; s. 1, ch. 80-382;
s. 80, ch. 83-310; s. 37, ch. 85-81; s. 10, ch. 90-54; s. 1, ch. 92-30; s. 1,
ch. 92-113; s. 289, ch. 94-356.