62N-16.009. Application of Definitions (Transferred)

For purposes of this chapter, the following terms shall be defined to mean:

(1) “Department” means the Secretary of the Florida Department of Environmental Protection or his designee.

(2) “Pollutant” in accordance with Section 376.031(7), F.S., is interpreted to mean “oil of any kind and in any form” and “derivatives thereof” to include, but not be limited to, crude petroleum or liquid products that are derived from crude petroleum by distillation, cracking, hydroforming, and/or other petroleum refinery processes to include “gasoline”. “Pesticides” means liquid chemical preparations intended for use in killing or regulating the growth of any living organism; “ammonia” and “derivatives thereof” include, but are not limited to anhydrous liquid ammonia (NH3), ammonia in aqueous solution (NH4OH), ammonium salts or other liquid chemical preparations which when discharged release free ammonia (NH3), or ammonium ion (NH4); and “chlorine” and “derivatives thereof”, include, but are not limited to, anhydrous liquid chlorine (Cl2), chlorine in aqueous solution (HOCL + Cl – ), compounds containing hypochlorite (ClO – ), chlorite (ClO2 – ), chlorate (ClO3 – ) perchlorate (ClO4 – ) lons, other liquid chemical preparations which, when discharged, release free chlorine (Cl or Cl2) or any of the above chlorine-containing ions.

(3) “Transfer” or “Transferred” includes any commercial, bulk cargo or fuel on-loading or off-loading between terminal facility and vessel, or vessel to vessel, or terminal facility to terminal facility, to include but not limited to all on-loading or off-loading of fuel for bunkering.

(4) “Discharge Cleanup Organization” means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the state, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities. For the purposes of this chapter, any third party cleanup contractor or any local government shall be recognized as a discharge cleanup organization, provided such contractor or local government is properly certified by the department.

(5) “Public Waters,” as they pertain to derelict vessels, mean rivers, streams, lakes, navigable waters and associated tributaries, canals, enclosed water systems, and any bodies of water that are accessible to members of the general public.

(6) “Secretary” means the Secretary of the Department of Environmental Protection.

(7) “Contractor” means the individual, partnership, joint venture, corporation, cooperative or governmental entity that is contracted by the department for the purpose of removing and disposing of a derelict vessel.

(8) “Derelict Vessel” in accordance with Section 376.15, F.S., means any vessel left or stored in a wrecked, junked, or substantially dismantled condition that is abandoned upon public waters to include any port in the State without the consent of this department or docked at any private property without the consent of the owner of the private property.

(9) “Discharge” as it pertains to derelict vessels, means any spilling, leaking, seeping, pouring, emitting, emptying or dumping of a pollutant which occurs as the result of the removal and/or disposal of a derelict vessel.

(10) “State Agency Coordinator” means the predesignated State official responsible to the Chairperson of the State Response Team for the coordination of the team during a pollution incident. The State Agency Coordinator shall work in cooperation with the assigned Federal On-Scene Coordinator.

(11) “State Response Team” means the emergency response group of predesignated State agencies that is available on a continuous basis in order to respond to a major spill. This team shall act independently of the Regional Response Team, but will cooperate with Federal authorities in all Federal cleanup operations. The State Response Team shall be responsible for creating and maintaining a contingency plan of response, organization, and equipment for handling emergency cleanup of pollution discharges.

(12) “Spiller” means the individual, partnership, joint venture, corporation or governmental entity determined by the Secretary to be responsible for a discharge.

(13) “Board” means the Governor and Cabinet sitting as the head of the Florida Department of Environmental Protection.

(14) “Minor Discharge” means a discharge of pollutant of less than 1,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described in Part 80 of Title 33 of the Code of Federal Regulations and depicted on the navigational charts published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Survey, Washington, D.C., or less than 10,000 gallons in waters located seaward of the COLREG demarcation line for the state of Florida as described above.

(15) “Moderate Discharge” means a discharge of pollutant of 1,000 gallons to 10,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described above, or 10,000 to 100,000 gallons in waters located seaward of the COLREG demarcation line for the state of Florida as described above.

(16) “Major Discharge” means a discharge of pollutant of more than 10,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described above or more than 100,000 gallons in waters located seaward of the COLREG demarcation line for the state of Florida as described above.

(17) “Lead State Agency” means the predesignated state agency responsible for the effective coordination and administration of the state’s response efforts to a discharge or pollution incident.

(18) “Pollution Incident” means a minor, moderate, or major discharge of oil in any form, gasoline, pesticides, ammonia, chlorine, or derivatives thereof.

(19) “Regional Response Team” means an emergency response group comprised of Federal and state agencies that is available for continuous consultation in the event of a pollution incident. Florida’s representation on this team will be comprised of DEP and DCA. During the activation of the RRT, the Lead State Agency shall assume Florida’s primary representation on the RRT.

(20) “State Response Team Chairperson” means the Executive Director or Secretary of the Lead State Agency or his/her designee. During a pollution incident, the Chairperson or designee shall be responsible for the overall management and direction of the State Response Team or Hazardous Materials Task Force, as applicable. He shall have the authority to activate, direct, and deactivate the team. During a response, the Chairperson or designee shall be the principal public spokesperson for the SRT or Hazardous Materials Task Force, as applicable. The Chairperson or designee shall be responsible for advising the Governor regarding the need to make a Declaration of an Emergency Proclamation.

(21) “National Response Center” means the National Communication Center for activities related to pollution incidents. The NRC relays notices of discharge to the appropriate Federal On-Scene Coordinator.

(22) “Hazardous Materials Task Force” means the interagency coordinative body which plans and directs the state response to major or disastrous hazardous materials incidents.

(23) “Federal On-Scene Coordinator” means the predesignated federal official responsible for the coordination and direction of federal discharge removal efforts at the scene of a pollution incident.

(24) “Coastal Local Governments” in accordance with Section 376.15(2)(b), F.S., means any local governing body which is duly constituted under the Laws of Florida and whose geographical jurisdiction covers, includes or borders the Atlantic Ocean or Gulf of Mexico or their bays and inlets.

(25) “Division” means the Division of Law Enforcement within the Department of Environmental Protection.

(26) “Cargo” means goods or materials on board a vessel for purposes of transportation, in bulk, and regardless of whether transported under proprietary or non-proprietary shipping documents. Pollutants recovered and transported as the direct result of cleanup activities in response to a given discharge shall not be considered cargo.

(27) “Heavy Oil” means any oil of any kind and in any form with a specific gravity of 0.889 or greater including but not limited to lubricating oil, residual fuel oil, #4 fuel oil, #5 fuel oil, #6 fuel oil, crude oil, Bunker C and asphalt. Solvents and solvent mixtures are not considered heavy oils.

(28) “Proper containment equipment” means hard or permanent boom.

(29) “Seal off” means the use of a sleeve or similar device which completely encloses the transfer piping or hose except at the lowest end of the transfer operation, where a drip pan of not less than 25 gallon capacity shall be used. “Seal off” as defined herein may be used to meet the requirements of Section 376.07(2)(a), F.S., only by tank trucks that have a storage capacity of less than 10,000 gallons, which are transferring less than 1500 gallons of heavy oil, and which are using transfer piping or hoses with a 3´´ diameter or smaller.

(30) “Vessel Operator” means any person operating a vessel, whether by lease, contract or other agreement.

(31) “Vessel Owner” means any person owning a vessel or holding any legal or equitable title to a vessel.

Specific Authority 376.07, 376.15(2)(c) FS. Law Implemented 376.031, 376.065, 376.07, 376.15(2)(b) FS. History–New 8-23-74, Formerly 16B-16.09, Amended 11-5-80, 11-21-83, 10-3-85, 11-11-85, Formerly 16N-16.09, Amended 8-27-92, Formerly 16N-16.009, Amended 10-17-94.