Florida Senate - 2012                              CS for SB 738
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Altman
       
       
       
       592-01733-12                                           2012738c1
    1                        A bill to be entitled                      
    2         An act relating to solid waste management facilities;
    3         amending s. 403.707, F.S.; specifying a permit term
    4         for a solid waste management facility that is designed
    5         with a leachate control system meeting the
    6         requirements of the Department of Environmental
    7         Protection; requiring that existing permit fees be
    8         adjusted to the permit term; providing applicability;
    9         specifying a permit term for a solid waste management
   10         facility that does not have a leachate control system
   11         meeting the requirements of the department under
   12         certain conditions; authorizing the department to
   13         adopt rules; providing that the department is not
   14         required to submit the rules to the Environmental
   15         Regulation Commission for approval; requiring that
   16         permit fee caps for solid waste management facilities
   17         be prorated to reflect the extended permit term;
   18         amending s. 403.709, F.S.; creating a solid waste
   19         landfill closure account within the Solid Waste
   20         Management Trust Fund to fund the closing and long
   21         term care of solid waste facilities under certain
   22         circumstances; requiring that the department deposit
   23         funds that are reimbursed into the solid waste
   24         landfill closure account; amending s. 403.7125, F.S.;
   25         requiring that the department require by rule that the
   26         owner or operator of a solid waste management facility
   27         receiving waste after a specified date provide
   28         financial assurance for the cost of completing
   29         corrective action for violations of water quality
   30         standards; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (3) of section 403.707, Florida
   35  Statutes, is amended to read:
   36         403.707 Permits.—
   37         (3)(a) All applicable provisions of ss. 403.087 and
   38  403.088, relating to permits, apply to the control of solid
   39  waste management facilities.
   40         (b) A permit, including a general permit, issued to a solid
   41  waste management facility that is designed with a leachate
   42  control system meeting department requirements shall be issued
   43  for a term of 20 years unless the applicant requests a shorter
   44  permit term. Notwithstanding the limitations of s.
   45  403.087(6)(a), existing permit fees for a qualifying solid waste
   46  management facility shall be adjusted to the permit term
   47  authorized by this section. This paragraph applies to a
   48  qualifying solid waste management facility that applies for an
   49  operating or construction permit or renews an existing operating
   50  or construction permit on or after October 1, 2012.
   51         (c) A permit, including a general permit, but not including
   52  a registration, issued to a solid waste management facility that
   53  does not have a leachate control system meeting department
   54  requirements shall be renewed for a term of 10 years, unless the
   55  applicant requests a shorter term, if the following conditions
   56  are met:
   57         1. The applicant has conducted the regulated activity at
   58  the same site for which the renewal is sought for at least 4
   59  years and 6 months before the date that the permit application
   60  is received by the department; and
   61         2. At the time of applying for the renewal permit:
   62         a. The applicant is not subject to a notice of violation,
   63  consent order, or administrative order issued by the department
   64  for violation of an applicable law or rule;
   65         b. The department has not notified the applicant that it is
   66  required to implement assessment or evaluation monitoring as a
   67  result of exceedances of applicable groundwater standards or
   68  criteria or, if applicable, the applicant is completing
   69  corrective actions in accordance with applicable department
   70  rules; and
   71         c. The applicant is in compliance with the applicable
   72  financial assurance requirements.
   73         (d) The department may adopt rules to administer this
   74  subsection; however, the provisions of chapter 120 which require
   75  a statement of estimated regulatory cost and legislative
   76  ratification do not apply to such rulemaking and the department
   77  is not required to submit such rules to the Environmental
   78  Regulation Commission for approval. Notwithstanding the
   79  limitations of s. 403.087(6)(a), permit fee caps for solid waste
   80  management facilities shall be prorated to reflect the extended
   81  permit term authorized by this subsection.
   82         Section 2. Subsection (5) is added to section 403.709,
   83  Florida Statutes, to read:
   84         403.709 Solid Waste Management Trust Fund; use of waste
   85  tire fees.—There is created the Solid Waste Management Trust
   86  Fund, to be administered by the department.
   87         (5) A solid waste landfill closure account is created
   88  within the Solid Waste Management Trust Fund to provide funding
   89  for the closing and long-term care of solid waste management
   90  facilities, if:
   91         (a) The facility had or has a department permit to operate
   92  the facility;
   93         (b) The permittee provided proof of financial assurance for
   94  closure in the form of an insurance certificate;
   95         (c) The facility has been deemed to be abandoned or has
   96  been ordered to close by the department; and
   97         (d) Closure will be accomplished in substantial accordance
   98  with a closure plan approved by the department.
   99  
  100  The department has a reasonable expectation that the insurance
  101  company issuing the closure insurance policy will provide or
  102  reimburse most or all of the funds required to complete closing
  103  and long-term care of the facility. If the insurance company
  104  reimburses the department for the costs of closing or long-term
  105  care of the facility, the department shall deposit the funds
  106  into the solid waste landfill closure account.
  107         Section 3. Section 403.7125, Florida Statutes, is amended
  108  to read:
  109         403.7125 Financial assurance for closure.—
  110         (1) Every owner or operator of a landfill is jointly and
  111  severally liable for the improper operation and closure of the
  112  landfill, as provided by law. As used in this section, the term
  113  “owner or operator” means any owner of record of any interest in
  114  land wherein a landfill is or has been located and any person or
  115  corporation that owns a majority interest in any other
  116  corporation that is the owner or operator of a landfill.
  117         (2) The owner or operator of a landfill owned or operated
  118  by a local or state government or the Federal Government shall
  119  establish a fee, or a surcharge on existing fees or other
  120  appropriate revenue-producing mechanism, to ensure the
  121  availability of financial resources for the proper closure of
  122  the landfill. However, the disposal of solid waste by persons on
  123  their own property, as described in s. 403.707(2), is exempt
  124  from this section.
  125         (a) The revenue-producing mechanism must produce revenue at
  126  a rate sufficient to generate funds to meet state and federal
  127  landfill closure requirements.
  128         (b) The revenue shall be deposited in an interest-bearing
  129  escrow account to be held and administered by the owner or
  130  operator. The owner or operator shall file with the department
  131  an annual audit of the account. The audit shall be conducted by
  132  an independent certified public accountant. Failure to collect
  133  or report such revenue, except as allowed in subsection (3), is
  134  a noncriminal violation punishable by a fine of not more than
  135  $5,000 for each offense. The owner or operator may make
  136  expenditures from the account and its accumulated interest only
  137  for the purpose of landfill closure and, if such expenditures do
  138  not deplete the fund to the detriment of eventual closure, for
  139  planning and construction of resource recovery or landfill
  140  facilities. Any moneys remaining in the account after paying for
  141  proper and complete closure, as determined by the department,
  142  shall, if the owner or operator does not operate a landfill, be
  143  deposited by the owner or operator into the general fund or the
  144  appropriate solid waste fund of the local government of
  145  jurisdiction.
  146         (c) The revenue generated under this subsection and any
  147  accumulated interest thereon may be applied to the payment of,
  148  or pledged as security for, the payment of revenue bonds issued
  149  in whole or in part for the purpose of complying with state and
  150  federal landfill closure requirements. Such application or
  151  pledge may be made directly in the proceedings authorizing such
  152  bonds or in an agreement with an insurer of bonds to assure such
  153  insurer of additional security therefor.
  154         (d) The provisions of s. 212.055 which relate to raising of
  155  revenues for landfill closure or long-term maintenance do not
  156  relieve a landfill owner or operator from the obligations of
  157  this section.
  158         (e) The owner or operator of any landfill that had
  159  established an escrow account in accordance with this section
  160  and the conditions of its permit prior to January 1, 2007, may
  161  continue to use that escrow account to provide financial
  162  assurance for closure of that landfill, even if that landfill is
  163  not owned or operated by a local or state government or the
  164  Federal Government.
  165         (3) An owner or operator of a landfill owned or operated by
  166  a local or state government or by the Federal Government may
  167  provide financial assurance to the department in lieu of the
  168  requirements of subsection (2). An owner or operator of any
  169  other landfill, or any other solid waste management facility
  170  designated by department rule, shall provide financial assurance
  171  to the department for the closure of the facility. Such
  172  financial assurance may include surety bonds, certificates of
  173  deposit, securities, letters of credit, or other documents
  174  showing that the owner or operator has sufficient financial
  175  resources to cover, at a minimum, the costs of complying with
  176  applicable closure requirements. The owner or operator shall
  177  estimate such costs to the satisfaction of the department.
  178         (4) This section does not repeal, limit, or abrogate any
  179  other law authorizing local governments to fix, levy, or charge
  180  rates, fees, or charges for the purpose of complying with state
  181  and federal landfill closure requirements.
  182         (5) The department shall by rule require that the owner or
  183  operator of a solid waste management facility that receives
  184  waste after October 9, 1993, and that is required by department
  185  rule to undertake corrective actions for violations of water
  186  quality standards provide financial assurance for the cost of
  187  completing such corrective actions. The same financial assurance
  188  mechanisms that are available for closure costs shall be
  189  available for costs associated with undertaking corrective
  190  actions.
  191         (6)(5) The department shall adopt rules to implement this
  192  section.
  193         Section 4. This act shall take effect July 1, 2012.