Florida Senate - 2009                                    SB 1186
       
       
       
       By Senator Crist
       
       
       
       
       12-00531-09                                           20091186__
    1                        A bill to be entitled                      
    2         An act relating to the permitting of landfills;
    3         amending s. 403.707, F.S.; prohibiting the Department
    4         of Environmental Protection from approving an
    5         application for the construction or expansion of a
    6         Class I landfill if the department finds that the
    7         applicant violated state laws or rules during a
    8         specified period; requiring the department to conduct
    9         a study concerning the location of landfills and
   10         report to the Governor and the Legislature by a
   11         certain date; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Subsection (8) of section 403.707, Florida
   16  Statutes, is amended to read:
   17         403.707 Permits.—
   18         (8) The department may refuse to issue a permit to an
   19  applicant who by past conduct in this state has repeatedly
   20  violated pertinent statutes, rules, or orders or permit terms or
   21  conditions relating to any solid waste management facility in
   22  this state and who is deemed to be irresponsible as defined by
   23  department rule.
   24         (a) The department may not approve an application for the
   25  construction or expansion of a Class I landfill if, in an
   26  enforcement notice or order, the department makes a finding that
   27  in the 3-year period before the date of the issuance of the
   28  notice or order the applicant violated a state law or rule
   29  governing the disposal or management of hazardous waste,
   30  biomedical waste, or polychlorinated biphenyl waste with respect
   31  to the operation or maintenance of a solid waste management or
   32  disposal facility. If such finding is under appeal in an
   33  administrative or judicial proceeding, the department may not
   34  approve the application until the appeal is exhausted.
   35         (b) For the purposes of this section subsection, an
   36  applicant includes the owner or operator of the facility, or if
   37  the owner or operator is a business entity, a parent of a
   38  subsidiary corporation, a partner, a corporate officer or
   39  director, or a stockholder holding more than 50 percent of the
   40  stock of the corporation.
   41         Section 2. The Department of Environmental Protection shall
   42  conduct a study to determine the appropriate distance a Class I
   43  landfill should be located from Class III surface waters and the
   44  extent to which water flow affects the carriage of pollutants to
   45  and from potable water sources and existing landfills. The
   46  department shall develop standards and procedures for conducting
   47  the study and, based on the study's findings, make
   48  recommendations regarding the expansion or construction of Class
   49  I landfills in this state. The results of the study and
   50  recommendations shall be reported to the Governor, the President
   51  of the Senate, and the Speaker of the House of Representatives
   52  by February 1, 2010.
   53         Section 3. This act shall take effect July 1, 2009.