403.850 – Short title.

403.850 Short title.—This act may be cited as the “Florida Safe Drinking Water Act.” History.—s. 1, ch. 77-337.

403.851 – Declaration of policy; intent.

403.851 Declaration of policy; intent.—It is the policy of the state that the citizens of Florida shall be assured of the availability of safe drinking water. Recognizing that this policy encompasses both environmental and public health aspects, it is the intent of the Legislature to provide a water supply program operated jointly by the department, in […]

403.852 – Definitions; ss. 403.850-403.864.

403.852 Definitions; ss. 403.850-403.864.—As used in ss. 403.850-403.864: (1) “Department” means the Department of Environmental Protection, which is charged with the primary responsibility for the administration and implementation of the Florida Safe Drinking Water Act. (2) “Public water system” means a system for the provision to the public of water for human consumption through pipes or other constructed […]

403.853 – Drinking water standards.

403.853 Drinking water standards.— (1) The department shall adopt and enforce: (a)1. State primary drinking water regulations that shall be no less stringent at any given time than the complete interim or revised national primary drinking water regulations in effect at such time; and 2. State secondary drinking water regulations patterned after the national secondary drinking water regulations. (b) Primary […]

403.8532 – Drinking water state revolving loan fund; use; rules.

403.8532 Drinking water state revolving loan fund; use; rules.— (1) The purpose of this section is to assist in implementing the legislative declarations of public policy contained in ss. 403.021 and 403.851 by establishing infrastructure financing, technical assistance, and source water protection programs to assist public drinking water systems in achieving and maintaining compliance with the Florida […]

403.8533 – Drinking Water Revolving Loan Trust Fund.

403.8533 Drinking Water Revolving Loan Trust Fund.— (1) There is created the Drinking Water Revolving Loan Trust Fund to be administered by the Department of Environmental Protection for the purposes of: (a) Funding for low-interest loans for planning, engineering design, and construction of public drinking water systems and improvements to such systems; (b) Funding for compliance activities, operator certification […]

403.8535 – Citation of rule.

403.8535 Citation of rule.—In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this part or such rules promulgated hereunder, cite a specific rule. If a request for information cannot be accompanied by a rule citation, failure to provide […]

403.854 – Variances, exemptions, and waivers.

403.854 Variances, exemptions, and waivers.— (1) The department may authorize variances or exemptions from the regulations issued pursuant to s. 403.853 under conditions and in such manner as it deems necessary and desirable, provided that such variances or exemptions are authorized under such conditions and in such manner as are no less stringent than the conditions under […]

403.855 – Imminent hazards.

403.855 Imminent hazards.—In coordination with the Department of Health, the department, upon receipt of information that a contaminant which is present in, or is likely to enter, public or private water supplies may present an imminent and substantial danger to the public health, may take such actions as it may deem necessary in order to protect […]

403.856 – Plan for emergency provision of water.

403.856 Plan for emergency provision of water.—The department shall adopt an adequate plan, after consultation with the Department of Health, for the provision of safe drinking water under emergency circumstances. When, in the judgment of the department, emergency circumstances exist in the state with respect to a need for safe drinking water, it may issue such […]

403.857 – Notification of users and regulatory agencies.

403.857 Notification of users and regulatory agencies.—Whenever a public water supply system: (1) Is not in compliance with the state primary and secondary drinking water regulations; (2) Fails to perform monitoring required by rules or regulations adopted by the department; (3) Is subject to a variance granted for an inability to meet a maximum contaminant level requirement; (4) Is subject […]

403.858 – Inspections.

403.858 Inspections.—Any duly authorized representative of the department or of the Department of Health may enter, take water samples from, and inspect any property, premises, or place, except a building which is used exclusively for a private residence, on or at which a public water system is located or is being constructed or installed, at any […]

403.859 – Prohibited acts.

403.859 Prohibited acts.—The following acts and the causing thereof are prohibited and are violations of this act: (1) Failure by a supplier of water to comply with the requirements of s. 403.857 or dissemination by such supplier of any false or misleading information with respect to notices required pursuant to s. 403.857 or with respect to remedial […]

403.860 – Penalties and remedies.

403.860 Penalties and remedies.— (1) A fine, not to exceed $5,000 for each day in which a violation occurs, may be imposed by a court of competent jurisdiction on any person who violates s. 403.859(1), (2), (4), (5), or (6). (2) A fine, not to exceed $5,000 for each day in which such violation occurs or failure to […]

403.861 – Department; powers and duties.

403.861 Department; powers and duties.—The department shall have the power and the duty to carry out the provisions and purposes of this act and, for this purpose, to: (1) Administer and enforce the provisions of this act and all rules and orders adopted, issued, or made effective hereunder. (2) Enter into agreements, contracts, or cooperative arrangements, under such […]

403.8615 – Determination of capability and capacity development.

403.8615 Determination of capability and capacity development.— (1) The department shall require all new community water systems and new nontransient, noncommunity water systems seeking to commence operations after October 1, 1999, to demonstrate the technical, managerial, and financial capabilities to comply with national primary drinking water regulations as required by the federal Safe Drinking Water Act, as […]

403.862 – Department of Health; public water supply duties and responsibilities; coordinated budget requests with department.

403.862 Department of Health; public water supply duties and responsibilities; coordinated budget requests with department.— (1) Recognizing that supervision and control of county health departments of the Department of Health is retained by the State Surgeon General, and that public health aspects of the state public water supply program require joint participation in the program by the […]

403.863 – State public water supply laboratory certification program.

403.863 State public water supply laboratory certification program.— (1) The department and the Department of Health shall jointly develop a state program, and the Department of Health shall adopt rules for the evaluation and certification of all laboratories, other than the principal state laboratory, which perform or make application to perform analyses pursuant to the Florida Safe […]

403.8635 – State drinking water sample laboratory certification program.

403.8635 State drinking water sample laboratory certification program.— (1) In addition to certifying laboratories pursuant to s. 403.863, the Department of Health is authorized to establish a periodic certification and approval program for laboratories that perform analyses of drinking water samples, which program will assure the acceptable quality, reliability, and validity of all testing results. (2) The Department […]

403.864 – Public water supply accounting program.

403.864 Public water supply accounting program.— (1) It is the intent of the Legislature to require a yearly accounting of funds, overhead, personnel, and property used by the department and the Department of Health and its units, including each of the county health departments, in conducting their respective responsibilities for the state public water supply program. Such […]