CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1390
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Hargrett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, line 31,
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16 insert:
17 Section 3. Subsection (5) of section 403.707, Florida
18 Statutes, is amended to read:
19 403.707 Permits.--
20 (5) The department may not issue a construction permit
21 pursuant to this part for:
22 (a) A new solid waste landfill within 3,000 feet of
23 Class I surface waters.
24 (b) A new Class I municipal solid waste landfill
25 facility, construction and demolition debris facility,
26 waste-to-energy facility, or municipal solid waste composting
27 facility located within a 5-mile radius from the perimeter of
28 a county-owned and county-operated municipal solid waste
29 landfill that is listed on the National Priorities List
30 pursuant to the federal Comprehensive Environmental Response
31 Compensation and Liability Act and that is immediately
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12:17 PM 04/20/98 s1390c1c-21m0a
SENATE AMENDMENT
Bill No. CS for SB 1390
Amendment No.
1 adjacent to a highway that is part of the Interstate Highway
2 System unless it complies with the following requirements:
3 1. No active solid waste disposal activities shall
4 take place within 500 feet of an existing residential
5 structure unless the permit application was filed before the
6 structure was in existence. The department may grant a
7 variance from this setback requirement to an applicant who
8 demonstrates that the facility is not expected to create a
9 public nuisance or pose a significant threat to public health
10 or the environment if the variance is granted, or who can
11 demonstrate that compliance with the setback requirement would
12 create a substantial hardship or would violate principles of
13 fairness, as those terms are defined in s. 120.542.
14 2. The applicant shall provide notice to adjacent
15 property owners that an application for the proposed facility
16 has been filed with the department. The notice must be sent by
17 certified mail, return receipt requested, to the mailing
18 address shown in the local property tax roll for each person
19 owning real property that has a common border with the
20 property to be used for the proposed facility. The notice
21 requirements in this subparagraph shall be applied in addition
22 to any other notice requirements imposed by law or department
23 rules.
24 (c) An existing Class I municipal solid waste landfill
25 facility, construction and demolition debris facility,
26 waste-to-energy facility, or municipal solid waste composting
27 facility located with a 5-mile radius from the perimeter of a
28 county-owned and county-operated municipal solid waste
29 landfill that is listed on the National Priorities List
30 pursuant to the federal Comprehensive Environmental Response
31 Compensation and Liability Act and that is immediately
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12:17 PM 04/20/98 s1390c1c-21m0a
SENATE AMENDMENT
Bill No. CS for SB 1390
Amendment No.
1 adjacent to a highway that is part of the Interstate Highway
2 System unless the applicant provides notice to adjacent
3 property owners that an application for the facility has been
4 filed with the department. The notice must be sent by
5 certified mail, return receipt requested, to the mailing
6 address shown in the local property tax roll for each person
7 owning real property that has a common border with the
8 property to be used for the facility. The notice requirements
9 in this paragraph shall be applied in addition to any other
10 notice requirements imposed by law or department rules.
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12 (Redesignate subsequent sections.)
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16 And the title is amended as follows:
17 On page 1, line 11, after the semicolon
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19 insert:
20 amending s. 403.707, F.S.; providing conditions
21 for issuing solid waste management facility
22 permits;
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