(1) Every owner or operator of a terminal facility shall obtain a discharge prevention and response certificate issued by the department. A certificate shall be valid for 12 months after the date of issuance, subject to such terms and conditions as the department may determine are necessary to carry out the purposes of ss. 376.011-376.21.

(2) Each applicant for a discharge prevention and response certificate shall submit information, in a form satisfactory to the department, describing the following:

(a) The barrel or other measurement capacity of the terminal facility and the length of the largest vessel docking at or providing service from the terminal facility.

(b) All prevention, containment, and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communication devices to which the facility has access, whether through direct ownership or by contract or membership in an approved discharge cleanup organization.

(c) The terms of agreement and the operation plan of any discharge cleanup organization to which the owner or operator of the terminal facility belongs.

(3) No person shall operate or cause to be operated a terminal facility without access to minimum containment equipment measuring five times the length of the largest vessel docking at or the largest vessel providing service from the terminal facility, whichever is larger. The containment equipment shall be available to begin deployment on the water within 1 hour after discovery of a discharge. Within a reasonable time period, additional cleanup equipment shall be available, either through direct ownership or by contract or membership in an approved cleanup organization, to reasonably clean up 10,000 gallons of pollutants, unless the terminal facility does not store or service vessels having the capacity to carry that quantity as fuel or cargo. Cleanup or containment equipment purchased with state funds shall not count as required equipment under this section. The requirements of this section shall not apply to terminal facilities which store only motor fuel or service only motor fuel to vessels. The requirements of this section shall not apply until January 1, 1992, to land-based terminal facilities with a storage capacity less than 30,000 gallons which store special fuel or service special fuel to vessels. For purposes of this subsection, "motor fuel" means gasoline, gasohol, and other mixtures of gasoline. For purposes of this subsection, "special fuel" means diesel fuel, alcohol, kerosene, or any light fuel, or combination thereof, other than motor fuel. Special fuel does not include any heavy fuels or oils, such as crude oil, American Society for Testing Materials (ASTM) grades 5 and 6 residual oils, intermediate fuel oils (IFO) with a viscosity of 30 and higher, or bunker C. The exemptions provided by this subsection do not eliminate any responsibilities arising from the discharge of a pollutant and for conducting remedial action as required by this chapter or chapter 403.

(4) Upon a showing of satisfactory containment and cleanup capability required by the department under this section, the applicant shall be issued a discharge prevention and response certificate covering the terminal facility and related appurtenances, including vessels as defined in s. 376.031.

(5) Any person who violates this section or the terms and requirements of such certification commits a noncriminal infraction. The civil penalty for each infraction is $500. Any person charged by the department with a noncriminal infraction under this subsection may:

(a) Pay the civil penalty, either by mail or in person, within 10 days of the date of receiving the citation; or

(b) Elect to appear for a hearing before the county court in the county where the terminal facility is located. The date, time, and location of the hearing shall be indicated on the citation. If the court determines that an infraction has been proven beyond a reasonable doubt, the court may impose the civil penalty prescribed in this subsection and may also impose court costs and other applicable charges. History: s. 13, ch. 90-54; s. 6, ch. 92-113.