252.934 – Short title.

252.934 Short title.—This part may be cited as the “Florida Accidental Release Prevention and Risk Management Planning Act.” History.—s. 1, ch. 98-193.

252.935 – Purpose.

252.935 Purpose.—The purpose of this part is to establish adequate state authorities to implement, fund, and enforce the requirements of the Accidental Release Prevention Program of s. 112(r)(7) of the federal Clean Air Act and federal implementing regulations for specified sources. To ensure the efficient use of resources, it is the intent of the Legislature for […]

252.936 – Definitions.

252.936 Definitions.—As used in this part, the term: (1) “Accidental release” means an unanticipated emission of a regulated substance into the ambient air from a stationary source. (2) “Accidental Release Prevention Program” means the program to implement the accidental release prevention, detection, and response provisions of s. 112(r)(7) of the Clean Air Act and federal implementing regulations. (3) “Audit” […]

252.937 – Division powers and duties.

252.937 Division powers and duties.— (1) The division has the power and duty to: (a)1. Seek delegation from the United States Environmental Protection Agency to implement the Accidental Release Prevention Program under s. 112(r)(7) of the Clean Air Act and the federal implementing regulations for specified sources subject to s. 112(r)(7) of the Clean Air Act. Implementation for […]

252.938 – Funding.

252.938 Funding.— (1) It is the intent of the Legislature that the state activities and expenditures under this part be self-sustaining through fees contributed by specified sources as provided in this part. (2) All fees and penalties collected under this part must be deposited in the Operating Trust Fund for appropriation to fund the state’s Accidental Release Prevention […]

252.939 – Fees.

252.939 Fees.— (1)(a) Any owner or operator of a specified stationary source in the state which must submit a Risk Management Plan to the United States Environmental Protection Agency under s. 112(r)(7) shall pay an annual registration fee for each specified stationary source to the division. The annual registration fee is due to the division upon initial […]

252.940 – Enforcement; procedure; remedies.

252.940 Enforcement; procedure; remedies.— (1) The division has the following enforcement authority and remedies for specified stationary sources available to it for violations of this part as specified in s. 252.941: (a) To institute a civil action in a court of competent jurisdiction in order to seek injunctive relief to immediately restrain or enjoin any person from engaging […]

252.941 – Prohibitions, violations, penalties, intent.

252.941 Prohibitions, violations, penalties, intent.— (1) It is a violation of this part, and it is prohibited for any person to: (a) Fail to make any submittal required by this part or by rule or regulation implementing this part, or to violate or fail to comply with any rule, regulation, order, plan, or certification adopted or issued by […]

252.942 – Inspections and audits.

252.942 Inspections and audits.— (1)(a) Any duly authorized representative of the division may at any reasonable time enter to inspect and audit, in order to ascertain compliance with this part or rules adopted to implement this part, any specified stationary source subject to the requirements of s. 112(r)(7), except a building that is used exclusively for a […]

252.943 – Public records.

252.943 Public records.— (1) The division shall protect records, reports, or information or particular parts thereof, other than release or emissions data, contained in a risk management plan from public disclosure pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act and authorities cited therein, based upon a showing satisfactory to the Administrator of the […]

252.944 – Tort liability.

252.944 Tort liability.—The commission and the committees are state agencies, and the members of the commission and committees are officers, employees, or agents of the state for the purpose of s. 768.28. History.—s. 1, ch. 98-193.

252.946 – Public records.

252.946 Public records.—With regard to information submitted to the United States Environmental Protection Agency under this part or s. 112(r)(7), the division, the State Hazardous Materials Emergency Response Commission, and any local emergency planning committee may assist persons in electronically accessing such information held by the United States Environmental Protection Agency in its centralized database. If […]