(1) There is created in the State Treasury the Water Quality Assurance Trust Fund, to be administered by the department.

(2) The Water Quality Assurance Trust Fund may be used to carry out the provisions of ss. 376.30-376.319, other than the provisions of ss. 376.3071 and 376.3073; for the expeditious restoration or replacement of potable water supplies as provided in s. 376.30(3)(c)1.; and for the investigation, assessment, cleanup, restoration, maintenance, and monitoring of any site contaminated with:

(a) Hazardous wastes;

(b) "Hazardous substances" as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767; or

(c) Except as otherwise provided for in ss. 376.3071 and 376.3073: 1. A pollutant; 2. A substance which is or is suspected to be carcinogenic, mutagenic, teratogenic, or toxic to human beings, or acutely toxic to indigenous species of significance to the biological community affected by the hazardous waste or substance; or 3. A substance which poses a serious danger to the public health, safety, or welfare.

(3) The trust fund shall be funded as follows:

(a) An annual transfer of interest funds from the Florida Coastal Protection Trust Fund pursuant to [Footnote 1] s. 376.11(4)(f).

(b) A monthly transfer of the interest from the State Water Pollution Control Trust Fund.

(c) All excise taxes levied, collected, and credited to the Water Quality Assurance Trust Fund in accordance with the provisions of ss. 206.9935(2) and 206.9945(1)(b).

(d) All penalties, judgments, recoveries, reimbursements, and other fees and charges credited to the Water Quality Assurance Trust Fund in accordance with the provisions of subsection (4).

(e) The fee on the retail sale of lead-acid batteries credited to the Water Quality Assurance Trust Fund pursuant to s. 403.7185.

(4)

(a) The trust fund shall be used by the department as a nonlapsing revolving fund for carrying out the purposes of ss. 376.30-376.319, other than those purposes for which funds in the Inland Protection Trust Fund may be used as provided in ss. 376.3071 and 376.3073. To this fund shall be credited all excise tax revenues levied, collected, and credited pursuant to ss. 206.9935(2) and 206.9945(1)(b) and all penalties, judgments, and other fees and charges related to the implementation of ss. 376.30-376.319, other than those penalties, judgments, and other fees and charges related to the implementation of ss. 376.3071 and 376.3073. Charges against the Water Quality Assurance Trust Fund shall be in accordance with this section.

(b) The department shall disburse moneys in the Water Quality Assurance Trust Fund for activities as authorized under subsection (2) according to the following priority order: 1. Emergency actions necessary to protect the public health, safety, and welfare. 2. Previous obligations. 3. Restoration or replacement of contaminated private potable wells or water systems. 4. Response actions carried out pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 5. Other response actions carried out or authorized by the department. 6. Other authorized activities, except that, upon a determination by the secretary that sufficient unobligated funds are not available in the trust fund to adequately fund any activity or activities under this subparagraph, the secretary may elect to disburse available moneys to partially fund such activity or activities, or to withhold funding for such activity or activities.

(c) However, funds used as provided in this section shall be expended for water supply systems or filters for contaminated potable water wells only as follows: 1. Persons with contaminated potable water wells that were permitted and constructed after January 1, 1989, in accordance with standards adopted pursuant to s. 373.309 shall be eligible for: a. Subsidies for connecting to existing water supply systems or extensions thereof, provided that no such subsidy shall exceed the present worth of the 10-year cost of providing and maintaining filters for the residents served by the connections; or b. Filters and filter maintenance to provide treatment for water from contaminated wells sufficient to assure its potability. However, no filter shall be provided for a potable water well designed to provide water to a household that is part of a subdivision or development of a size that would, according to the department, be more effectively served by a water supply system, if such subdivision or development received its development order after January 1, 1989. 2. Subsidies to persons developing new water supply systems to be permitted and constructed after January 1, 1989, in accordance with standards adopted pursuant to s. 373.309 because of actual or potential contamination of potable water wells, provided that no such subsidy shall exceed one-half of the present worth of the 10-year cost of providing and maintaining filters for the residents to be served by said system. 3. The most cost-effective remedy, as determined by the department, for wells drilled prior to January 1, 1989.

(5) Except as otherwise provided by law, the department shall recover to the use of the fund from a person or persons at any time causing or having caused the discharge or from the Federal Government, jointly and severally, all sums owed or expended from the fund, pursuant to s. 376.308, except that the department may decline to pursue such recovery if it finds the amount involved too small or the likelihood of recovery too uncertain. Sums recovered as a result of damage due to a discharge of a pollutant or other similar disaster shall be apportioned between the fund and the General Revenue Fund so as to repay the full costs to the General Revenue Fund of any sums disbursed therefrom as a result of such disaster. Any request for reimbursement to the fund for such costs, if not paid within 30 days of demand, shall be turned over to the department for collection.

(6) Moneys in the fund which are not needed currently to meet the obligations of the department in the exercise of its responsibilities under ss. 376.30-376.319 shall be deposited with the Treasurer to the credit of the fund and may be invested in such manner as is provided for by statute. The interest received on such investment shall be credited to the fund. Any provisions of law to the contrary notwithstanding, such interest may be freely transferred between this trust fund and the Inland Protection Trust Fund, in the discretion of the department.

(7) Except as otherwise provided by law, it is the duty of the department in administering the fund diligently to pursue the reimbursement to the fund of any sum expended from the fund for cleanup and abatement in accordance with the provisions of this section, unless the department finds the amount involved too small or the likelihood of recovery too uncertain. For the purposes of s. 95.11, the limitation period within which to institute an action to recover such sums shall commence on the last date on which any such sums were expended, and not the date that the discharge occurred. History: s. 84, ch. 83-310; s. 3, ch. 83-353; s. 10, ch. 84-338; ss. 3, 14, 34, ch. 86-159; s. 82, ch. 86-163; s. 4, ch. 88-393; s. 9, ch. 89-171; s. 72, ch. 90-331; s. 14, ch. 91-305; s. 5, ch. 92-75; s. 300, ch. 94-356. [Footnote 1] Note. Substituted by the editors for a reference to s. 376.11(5)(g) to conform to the renumbering necessitated by ss. 3, 8, and 34, ch. 86-159.