403.021 Legislative
declaration; public policy. ---
(1) The pollution of the air and waters of this state
constitutes a menace to public health and welfare; creates public
nuisances; is harmful to wildlife and fish and other aquatic life;
and impairs domestic, agricultural, industrial, recreational, and
other beneficial uses of air and water.
(2) It is declared to be the public policy of this
state to conserve the waters of the state and to protect, maintain,
and improve the quality thereof for public water supplies, for the
propagation of wildlife and fish and other aquatic life, and for
domestic, agricultural, industrial, recreational, and other
beneficial uses and to provide that no wastes be discharged into
any waters of the state without first being given the degree of
treatment necessary to protect the beneficial uses of such
water.
(3) It is declared to be the public policy of this
state and the purpose of this act to achieve and maintain such
levels of air quality as will protect human health and safety and,
to the greatest degree practicable, prevent injury to plant and
animal life and property, foster the comfort and convenience of the
people, promote the economic and social development of this state,
and facilitate the enjoyment of the natural attractions of this
state. In accordance with the public policy established herein,
the Legislature further declares that the citizens of this state
should be afforded reasonable protection from the dangers inherent
in the release of toxic or otherwise hazardous vapors, gases, or
highly volatile liquids into the environment.
(4) It is declared that local and regional air and
water pollution control programs are to be supported to the extent
practicable as essential instruments to provide for a coordinated
statewide program of air and water pollution prevention, abatement,
and control for the securing and maintenance of appropriate levels
of air and water quality.
(5) It is hereby declared that the prevention,
abatement, and control of the pollution of the air and waters of
this state are affected with a public interest, and the provisions
of this act are enacted in the exercise of the police powers of
this state for the purpose of protecting the health, peace, safety,
and general welfare of the people of this state.
(6) The Legislature finds and declares that control,
regulation, and abatement of the activities which are causing or
may cause pollution of the air or water resources in the state and
which are or may be detrimental to human, animal, aquatic, or plant
life, or to property, or unreasonably interfere with the
comfortable enjoyment of life or property be increased to ensure
conservation of natural resources; to ensure a continued safe
environment; to ensure purity of air and water; to ensure domestic
water supplies; to ensure protection and preservation of the public
health, safety, welfare, and economic well-being; to ensure and
provide for recreational and wildlife needs as the population
increases and the economy expands; and to ensure a continuing
growth of the economy and industrial development.
(7) The Legislature further finds and declares that:
(a) Compliance with this law will require capital outlays
of hundreds of millions of dollars for the installation of
machinery, equipment, and facilities for the treatment of
industrial wastes which are not productive assets and increased
operating expenses to owners without any financial return and
should be separately classified for assessment purposes.
(b) Industry should be encouraged to install new
machinery, equipment, and facilities as technology in environmental
matters advances, thereby improving the quality of the air and
waters of the state and benefiting the citizens of the state
without pecuniary benefit to the owners of industries; and the
Legislature should prescribe methods whereby just valuation may be
secured to such owners and exemptions from certain excise taxes
should be offered with respect to such installations.
(c) Facilities as herein defined should be classified
separately from other real and personal property of any
manufacturing or processing plant or installation, as such
facilities contribute only to general welfare and health and are
assets producing no profit return to owners.
(d) In existing manufacturing or processing plants it is
more difficult to obtain satisfactory results in treating
industrial wastes than in new plants being now planned or
constructed and that with respect to existing plants in many
instances it will be necessary to demolish and remove substantial
portions thereof and replace the same with new and more modern
equipment in order to more effectively treat, eliminate, or reduce
the objectionable characteristics of any industrial wastes and that
such replacements should be classified and assessed differently
from replacements made in the ordinary course of
business.
(8) The Legislature further finds and declares that
the public health, welfare, and safety may be affected by
disease-carrying vectors and pests. The department shall assist
all governmental units charged with the control of such vectors and
pests. Furthermore, in reviewing applications for permits, the
department shall consider the total well-being of the public and
shall not consider solely the ambient pollution standards when
exercising its powers, if there may be danger of a public health
hazard.
(9)
(a) The Legislature finds and declares that it is
essential to preserve and maintain authorized water depth in the
existing navigation channels, port harbors, turning basins, and
harbor berths of this state in order to provide for the continued
safe navigation of deepwater shipping commerce. The department
shall recognize that maintenance of authorized channel depths is an
ongoing, continuous, beneficial, and necessary activity; and it
shall develop a regulatory process which shall enable the ports of
this state to conduct such activities in an environmentally sound,
expeditious, and efficient manner.
(b) The provisions of paragraph (a) apply only to the port
waters, spoil disposal sites, port harbors, navigation channels,
turning basins, and harbor berths used for deepwater commercial
navigation in the ports of Jacksonville, Tampa, Port Everglades,
Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port
St. Joe, Panama City, St. Petersburg, and
Pensacola.
(10) It is the policy of the state to ensure that the
existing and potential drinking water resources of the state remain
free from harmful quantities of contaminants. The department, as
the state water quality protection agency, shall compile,
correlate, and disseminate available information on any contaminant
which endangers or may endanger existing or potential drinking
water resources. It shall also coordinate its regulatory program
with the regulatory programs of other agencies to assure adequate
protection of the drinking water resources of the state.
(11) It is the intent of the Legislature that water
quality standards be reasonably established and applied to take
into account the variability occurring in nature. The department
shall recognize the statistical variability inherent in sampling
and testing procedures that are used to express water quality
standards. The department shall also recognize that some
deviations from water quality standards occur as the result of
natural background conditions. The department shall not consider
deviations from water quality standards to be violations when the
discharger can demonstrate that the deviations would occur in the
absence of any man-induced discharges or alterations to the water
body.
History: s. 3, ch. 67-436; s. 1, ch. 78-98; ss. 1, 5, ch. 81-228; s.
4, ch. 84-79; s. 46, ch. 84-338; s. 11, ch. 85-269; s. 1, ch.
85-277; s. 8, ch. 86-186; s. 3, ch. 86-213.