376.307 Water Quality Assurance Trust
Fund. ---
(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.