Florida Senate - 2012                       CS for CS for SB 738
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; and Environmental Preservation and Conservation;
       and Senator Altman
       
       
       601-04264-12                                           2012738c2
    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 appropriation; providing
   31         effective dates.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (3) of section 403.707, Florida
   36  Statutes, is amended to read:
   37         403.707 Permits.—
   38         (3)(a) All applicable provisions of ss. 403.087 and
   39  403.088, relating to permits, apply to the control of solid
   40  waste management facilities.
   41         (b) A permit, including a general permit, issued to a solid
   42  waste management facility that is designed with a leachate
   43  control system meeting department requirements shall be issued
   44  for a term of 20 years unless the applicant requests a shorter
   45  permit term. Notwithstanding the limitations of s.
   46  403.087(6)(a), existing permit fees for a qualifying solid waste
   47  management facility shall be adjusted to the permit term
   48  authorized by this section. This paragraph applies to a
   49  qualifying solid waste management facility that applies for an
   50  operating or construction permit or renews an existing operating
   51  or construction permit on or after October 1, 2012.
   52         (c) A permit, including a general permit, but not including
   53  a registration, issued to a solid waste management facility that
   54  does not have a leachate control system meeting department
   55  requirements shall be renewed for a term of 10 years, unless the
   56  applicant requests a shorter term, if the following conditions
   57  are met:
   58         1. The applicant has conducted the regulated activity at
   59  the same site for which the renewal is sought for at least 4
   60  years and 6 months before the date that the permit application
   61  is received by the department; and
   62         2. At the time of applying for the renewal permit:
   63         a. The applicant is not subject to a notice of violation,
   64  consent order, or administrative order issued by the department
   65  for violation of an applicable law or rule;
   66         b. The department has not notified the applicant that it is
   67  required to implement assessment or evaluation monitoring as a
   68  result of exceedances of applicable groundwater standards or
   69  criteria or, if applicable, the applicant is completing
   70  corrective actions in accordance with applicable department
   71  rules; and
   72         c. The applicant is in compliance with the applicable
   73  financial assurance requirements.
   74         (d) The department may adopt rules to administer this
   75  subsection; however, the provisions of chapter 120 which require
   76  a statement of estimated regulatory cost and legislative
   77  ratification do not apply to such rulemaking and the department
   78  is not required to submit such rules to the Environmental
   79  Regulation Commission for approval. Notwithstanding the
   80  limitations of s. 403.087(6)(a), permit fee caps for solid waste
   81  management facilities shall be prorated to reflect the extended
   82  permit term authorized by this subsection.
   83         Section 2. Subsection (5) is added to section 403.709,
   84  Florida Statutes, to read:
   85         403.709 Solid Waste Management Trust Fund; use of waste
   86  tire fees.—There is created the Solid Waste Management Trust
   87  Fund, to be administered by the department.
   88         (5) Notwithstanding the provisions of subsection (1), a
   89  solid waste landfill closure account is created within the Solid
   90  Waste Management Trust Fund to provide funding for the closing
   91  and long-term care of solid waste management facilities. The
   92  department may use funds from the account to contract with a
   93  third party for the closing and long-term care of solid waste
   94  management facilities, if:
   95         (a) The facility had or has a department permit to operate
   96  the facility;
   97         (b) The permittee provided proof of financial assurance for
   98  closure in the form of an insurance certificate;
   99         (c) The facility has been deemed to be abandoned or has
  100  been ordered to close by the department;
  101         (d) Closure will be accomplished in substantial accordance
  102  with a closure plan approved by the department; and
  103         (e) The department has written documentation that the
  104  insurance company issuing the closure insurance policy will
  105  provide or reimburse most or all of the funds required to
  106  complete closing and long-term care of the facility.
  107  
  108  The department shall deposit the funds received from the
  109  insurance company as reimbursement for the costs of closing or
  110  long-term care of the facility into the solid waste landfill
  111  closure account.
  112         Section 3. Section 403.7125, Florida Statutes, is amended
  113  to read:
  114         403.7125 Financial assurance for closure.—
  115         (1) Every owner or operator of a landfill is jointly and
  116  severally liable for the improper operation and closure of the
  117  landfill, as provided by law. As used in this section, the term
  118  “owner or operator” means any owner of record of any interest in
  119  land wherein a landfill is or has been located and any person or
  120  corporation that owns a majority interest in any other
  121  corporation that is the owner or operator of a landfill.
  122         (2) The owner or operator of a landfill owned or operated
  123  by a local or state government or the Federal Government shall
  124  establish a fee, or a surcharge on existing fees or other
  125  appropriate revenue-producing mechanism, to ensure the
  126  availability of financial resources for the proper closure of
  127  the landfill. However, the disposal of solid waste by persons on
  128  their own property, as described in s. 403.707(2), is exempt
  129  from this section.
  130         (a) The revenue-producing mechanism must produce revenue at
  131  a rate sufficient to generate funds to meet state and federal
  132  landfill closure requirements.
  133         (b) The revenue shall be deposited in an interest-bearing
  134  escrow account to be held and administered by the owner or
  135  operator. The owner or operator shall file with the department
  136  an annual audit of the account. The audit shall be conducted by
  137  an independent certified public accountant. Failure to collect
  138  or report such revenue, except as allowed in subsection (3), is
  139  a noncriminal violation punishable by a fine of not more than
  140  $5,000 for each offense. The owner or operator may make
  141  expenditures from the account and its accumulated interest only
  142  for the purpose of landfill closure and, if such expenditures do
  143  not deplete the fund to the detriment of eventual closure, for
  144  planning and construction of resource recovery or landfill
  145  facilities. Any moneys remaining in the account after paying for
  146  proper and complete closure, as determined by the department,
  147  shall, if the owner or operator does not operate a landfill, be
  148  deposited by the owner or operator into the general fund or the
  149  appropriate solid waste fund of the local government of
  150  jurisdiction.
  151         (c) The revenue generated under this subsection and any
  152  accumulated interest thereon may be applied to the payment of,
  153  or pledged as security for, the payment of revenue bonds issued
  154  in whole or in part for the purpose of complying with state and
  155  federal landfill closure requirements. Such application or
  156  pledge may be made directly in the proceedings authorizing such
  157  bonds or in an agreement with an insurer of bonds to assure such
  158  insurer of additional security therefor.
  159         (d) The provisions of s. 212.055 which relate to raising of
  160  revenues for landfill closure or long-term maintenance do not
  161  relieve a landfill owner or operator from the obligations of
  162  this section.
  163         (e) The owner or operator of any landfill that had
  164  established an escrow account in accordance with this section
  165  and the conditions of its permit prior to January 1, 2007, may
  166  continue to use that escrow account to provide financial
  167  assurance for closure of that landfill, even if that landfill is
  168  not owned or operated by a local or state government or the
  169  Federal Government.
  170         (3) An owner or operator of a landfill owned or operated by
  171  a local or state government or by the Federal Government may
  172  provide financial assurance to the department in lieu of the
  173  requirements of subsection (2). An owner or operator of any
  174  other landfill, or any other solid waste management facility
  175  designated by department rule, shall provide financial assurance
  176  to the department for the closure of the facility. Such
  177  financial assurance may include surety bonds, certificates of
  178  deposit, securities, letters of credit, or other documents
  179  showing that the owner or operator has sufficient financial
  180  resources to cover, at a minimum, the costs of complying with
  181  applicable closure requirements. The owner or operator shall
  182  estimate such costs to the satisfaction of the department.
  183         (4) This section does not repeal, limit, or abrogate any
  184  other law authorizing local governments to fix, levy, or charge
  185  rates, fees, or charges for the purpose of complying with state
  186  and federal landfill closure requirements.
  187         (5) The department shall by rule require that the owner or
  188  operator of a solid waste management facility that receives
  189  waste after October 9, 1993, and that is required by department
  190  rule to undertake corrective actions for violations of water
  191  quality standards provide financial assurance for the cost of
  192  completing such corrective actions. The same financial assurance
  193  mechanisms that are available for closure costs shall be
  194  available for costs associated with undertaking corrective
  195  actions.
  196         (6)(5) The department shall adopt rules to implement this
  197  section.
  198         Section 4. Effective upon this act becoming a law, the sum
  199  of $2,888,460 in nonrecurring funds is appropriated to the
  200  Department of Environmental Protection from the Solid Waste
  201  Management Trust Fund in the Fixed Capital Outlay-Agency
  202  Managed-Closing and Long-Term Care of Solid Waste Management
  203  Facilities appropriation category pursuant to s. 403.709(5),
  204  Florida Statutes.
  205         Section 5. Except as otherwise expressly provided in this
  206  act and except for this section, which shall take effect upon
  207  this act becoming a law, this act shall take effect July 1,
  208  2012.