Senate Bill 1390
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1390
By Senator Horne
6-1188-98 See HB
1 A bill to be entitled
2 An act relating to pollution control; creating
3 s. 403.08701, F.S.; restricting authority of
4 the Department of Environmental Protection to
5 issue permits for construction of facilities
6 for disposal, storage, or treatment of
7 hazardous waste in Duval County; restricting
8 locations in Duval County where hazardous waste
9 transfer facilities may be owned, operated, or
10 constructed; providing application to pending
11 permits and proposed transfer stations;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 403.08701, Florida Statutes, is
17 created to read:
18 403.08701 Hazardous waste facilities located within
19 Duval County.--
20 (1) With respect to facilities proposed to be located
21 within Duval County, the department shall not issue any permit
22 for the construction of a facility for the disposal, storage,
23 or treatment of hazardous waste which is proposed to be
24 located in any of the following locations:
25 (a) Any area where lethal concentrations of hazardous
26 substances could accumulate at any residence or residential
27 subdivision as the result of a worst-case catastrophic event
28 at the proposed facility, unless each such residence or
29 residential subdivision is served by at least one arterial
30 road or urban minor arterial road, as defined in s. 334.03,
31 that provides safe and direct egress by land to an area where
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1390
6-1188-98 See HB
1 such lethal concentrations of hazardous substances could not
2 accumulate in a worst-case scenario. Egress by any road
3 leading from any residence or residential subdivision to any
4 point located within 1,000 yards of the proposed facility is
5 unsafe for the purposes of this paragraph;
6 (b) Any location within 1,500 yards of any hospital,
7 prison, school, nursing home facility, day care facility,
8 stadium, place of assembled worship, or any other site where
9 individuals are routinely confined or assembled in such a
10 manner that reasonable access to immediate evacuation is
11 likely to be unavailable;
12 (c) Any location within 1,000 yards of any residence;
13 or
14 (d) Any location which is inconsistent with rules
15 adopted by the department under part IV.
16
17 For the purposes of this subsection, all distances shall be
18 measured from the outer limit of the active hazardous waste
19 management area.
20 (2) It shall be presumed, for the purposes of this
21 section, that lethal concentrations of hazardous substances
22 could accumulate in a worst-case catastrophic event in any
23 area within a radius of 3 miles of a hazardous waste transfer,
24 disposal, storage, or treatment facility. This presumption may
25 be rebutted by a demonstration that such lethal concentrations
26 could accumulate at a greater distance, or that such lethal
27 concentrations could only accumulate at a lesser distance, in
28 light of the composition, quantity, and concentration of
29 hazardous waste proposed to be disposed of, treated, or stored
30 at the proposed facility.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1390
6-1188-98 See HB
1 (3) For the purposes of this section, a concentration
2 of hazardous substances shall be deemed to be lethal when the
3 concentration could cause susceptible or sensitive
4 individuals, excluding hypersensitive or hypersusceptible
5 individuals, to experience irreversible or other serious,
6 long-lasting effects or impaired ability to escape.
7 (4) No person shall own, operate, or construct a
8 transfer facility within Duval County for the management of
9 hazardous waste unless the facility meets the siting
10 requirements of subsection (1).
11 Section 2. Section 403.08701, Florida Statutes, as
12 created by this act, shall apply to any permit applications
13 pending on the effective date of this act for which the
14 Department of Environmental Protection has not issued a final
15 order and to any proposed transfer station which has not
16 commenced operation as of the effective date of this act.
17 Section 3. This act shall take effect upon becoming a
18 law.
19
20 *****************************************
21 HOUSE SUMMARY
22
Restricts authority of the Department of Environmental
23 Protection to issue permits for construction of
facilities for the disposal, storage, or treatment of
24 hazardous waste at specified locations within Duval
County. Restricts locations within Duval County where a
25 hazardous waste transfer facility may be owned, operated,
or constructed. Makes said restrictions applicable to
26 permit applications pending on the effective date of the
act and to proposed transfer stations which have not
27 commenced operation by said date.
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