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Show 218 FLORIDA Water is broadly defined to include all surface and ground water, with the rather curious proviso that: Waters owned entirely by one person other than the state are included only in regard to possible discharge on other property or water.78 It is not difficult to understand the statutory exclusion from quality controls if the water polluted does not affect other waters or other land, but it is difficult to comprehend which waters might be "owned entirely by one person," particularly in light of the Water Eesources Act of 1972 which recognizes no private ownership of water and exempts from regulation only domestic uses by individuals. In any event, the pollution control act is administered by the de- partment of pollution control, headed by a pollution control board composed of five members appointed by the Governor and confirmed by the senate.79 The statute contains rather typical procedures for establishing water classifications and quality standards, issuance of waste discharge permits, notice and hearing, and civil and criminal sanctions.80 One provision might overlap with the jurisdiction of the department of natural resources, since the result seems to be that both departments have regulatory authority over discharges of con- taminants into ground water aquifers.81 There were a number of amendments to the statute in 1972, per- haps the most significant of which were provisions (1) to prohibit sewage discharges from facilities constructed after the effective date of the act into any of the waters named and identified in the amend- ment unless and until advanced waste treatment is provided and ap- proved by the department;82 and (2) to create a pollution recovery fund to receive moneys collected by the State in actions against pol- luters, and to use the same to restore the polluted area to its former condition.83 It should be borne in mind that the state water use plan is to be developed in coordination with the water quality standards system, and that the state water use plan together with the water quality standards and classifications constitute the Florida water plan. b. Drainage Districts Statutory amendments in 1972 changed the name of drainage districts to be created under chapter 298 to water-management dis- tricts, although they still function essentially for drainage and reclamation purposes: The department of natural resources, or a majority of the owners of any contiguous body of wet or overflow lands or lands subject to overflow, situated in one or more counties in this state, may form a water-management district * * * for the purpose of preserving and protecting water resources, for sani- tary or agricultural purposes, or when the same may be conducive to the public health, convenience or welfare, or of public utility or benefit, by drain- age, irrigation, or water management.84 re Sec. 403.031(3) (1971 rev.). w Sec. 403.045 (1971 rev.). 80 Sees. 403.061 et seq. (1971 rev.). 81 Sec. 403.062 (1971 rev.). 82 Sec. 403.086(b) (1972 supp.). as Sec. 403.165 (1972 supp.). MSec. 298.01(1) (1972 supp.). |
