403.161 Prohibitions,
violation, penalty, intent. ---
(1) It shall be a violation of this chapter, and it
shall be prohibited for any person:
(a) To cause pollution, except as otherwise provided in
this chapter, so as to harm or injure human health or welfare,
animal, plant, or aquatic life or property.
(b) To fail to obtain any permit required by this chapter
or by rule or regulation, or to violate or fail to comply with any
rule, regulation, order, permit, or certification adopted or issued
by the department pursuant to its lawful authority.
(c) To knowingly make any false statement, representation,
or certification in any application, record, report, plan, or
other document filed or required to be maintained under this
chapter, or to falsify, tamper with, or knowingly render inaccurate
any monitoring device or method required to be maintained under
this chapter or by any permit, rule, regulation, or order issued
under this chapter.
(d) For any person who owns or operates a facility to fail
to report to the representative of the department, as established
by department rule, within one working day of discovery of a
release of hazardous substances from the facility if the owner or
operator is required to report the release to the United States
Environmental Protection Agency in accordance with 42 U.S.C. s.
9603.
(2) Whoever commits a violation specified in
subsection (1) is liable to the state for any damage caused and for
civil penalties as provided in s. 403.141.
(3) Any person who willfully commits a violation
specified in paragraph (1)(a) is guilty of a felony of the third
degree punishable as provided in ss. 775.082(3)(d) and
775.083(1)(g) by a fine of not more than $50,000 or by imprisonment
for 5 years, or by both, for each offense. Each day during any
portion of which such violation occurs constitutes a separate
offense.
(4) Any person who commits a violation specified in
paragraph (1)(a) due to reckless indifference or gross careless
disregard is guilty of a misdemeanor of the second degree,
punishable as provided in ss. 775.082(4)(b) and 775.083(1)(g) by a
fine of not more than $5,000 or by 60 days in jail, or by both, for
each offense.
(5) Any person who willfully commits a violation
specified in paragraph (1)(b) or paragraph (1)(c) is guilty of a
misdemeanor of the first degree punishable as provided in ss.
775.082(4)(a) and 775.083(1)(g) by a fine of not more than $10,000
or by 6 months in jail, or by both for each offense.
(6) It is the legislative intent that the civil
penalties and criminal fines imposed by the court be of such amount
as to ensure immediate and continued compliance with this
section.
History: s. 17, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-356;
s. 1, ch. 70-439; s. 4, ch. 72-286; s. 8, ch. 74-133; s. 139, ch.
77-104; s. 1, ch. 77-174; s. 21, ch. 88-393; s. 2, ch. 89-143; s.
8, ch. 89-324.