The Florida Senate

403.4155  Phosphogypsum management; rulemaking authority.--

(1)  The Department of Environmental Protection shall adopt rules to amend existing chapter 62-672, Florida Administrative Code, to ensure that impoundment structures and water conveyance piping systems used in phosphogypsum management are designed and maintained to meet critical safety standards. The rules must require that any impoundment structure used in a phosphogypsum stack system, together with all pumps, piping, ditches, drainage conveyances, water control structures, collection pools, cooling ponds, surge ponds, and any other collection or conveyance system associated with phosphogypsum transport, cooling water, or the return of process wastewater, is constructed using sound engineering practices and is operated to avoid spills or discharges of materials which adversely affect surface or ground waters. The rules must require that a phosphogypsum stack system owner maintain a log detailing the owner's operating inspection schedule, results, and any corrective action taken based on the inspection results. The rules must require phosphogypsum stack owners to maintain an emergency contingency plan and demonstrate the ability to mobilize equipment and manpower to respond to emergency situations at phosphogypsum stack systems. The rules must establish a reasonable time period not to exceed 12 months for facilities to meet the provisions of the rules adopted pursuant to this section.

(2)  By January 31, 2002, the department shall review chapter 62-673, Florida Administrative Code, to determine the adequacy of the financial responsibility provisions contained in the rules and shall take any measures necessary to ensure that the rules provide sound and effective provisions to minimize risk to the environment and to public health and safety from the business failure of a phosphogypsum stack system.

History.--s. 1, ch. 98-117; s. 4, ch. 2001-134.