CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 3125
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 1, line 11, through
15 page 3, line 8, delete those lines
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17 and insert:
18 Section 1. Subsections (2) and (5) of section 403.707,
19 Florida Statutes, are amended to read:
20 403.707 Permits.--
21 (2) Except as provided in s. 403.722(6), no permit
22 under this section is required for the following, provided
23 that the activity shall not create a no public nuisance or any
24 condition adversely affecting the environment or public health
25 and shall is created and the activity does not violate other
26 state or local laws, ordinances, rules, regulations, or
27 orders:
28 (a) Disposal by persons of solid waste resulting from
29 their own activities on their own property, provided such
30 waste is either ordinary household waste from their
31 residential property or is rocks, soils, trees, tree remains,
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Amendment No.
1 and other vegetative matter which normally result from land
2 development operations. Disposal of materials which could
3 create a public nuisance or adversely affect the environment
4 or public health, such as: white goods; automotive materials,
5 such as batteries and tires; petroleum products; pesticides;
6 solvents; or hazardous substances, is not covered under this
7 exemption.
8 (b) Storage in containers by persons of solid waste
9 resulting from their own activities on their property, leased
10 or rented property, or property subject to a homeowners or
11 maintenance association for which the person contributes
12 association assessments, if the solid waste in such containers
13 is collected at least once a week.
14 (c) Disposal by persons of solid waste resulting from
15 their own activities on their property, provided the
16 environmental effects of such disposal on groundwater and
17 surface waters are:
18 1. Addressed or authorized by a site certification
19 order issued under part II or a permit issued by the
20 department pursuant to this chapter or rules adopted pursuant
21 thereto; or
22 2. Addressed or authorized by, or exempted from the
23 requirement to obtain, a groundwater monitoring plan approved
24 by the department.
25 (d) Disposal by persons of solid waste resulting from
26 their own activities on their own property, provided that such
27 disposal occurred prior to October 1, 1988.
28 (e) Disposal of solid waste resulting from normal
29 farming operations as defined by department rule.
30 Polyethylene agricultural plastic, damaged, nonsalvageable,
31 untreated wood pallets, and packing material that cannot be
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1 feasibly recycled, which are used in connection with
2 agricultural operations related to the growing, harvesting, or
3 maintenance of crops, may be disposed of by open burning,
4 provided that no public nuisance or any condition adversely
5 affecting the environment or the public health is created
6 thereby and that state or federal ambient air quality
7 standards are not violated.
8 (f) The use of clean debris as fill material in any
9 area. However, this paragraph does not exempt any person from
10 obtaining any other required permits, nor does it affect a
11 person's responsibility to dispose of clean debris
12 appropriately if it is not to be used as fill material.
13 (g) Compost operations that produce less than 50 cubic
14 yards of compost per year when the compost produced is used on
15 the property where the compost operation is located.
16 (5) The department may not issue a construction permit
17 pursuant to this part for:
18 (a) A new solid waste landfill within 3,000 feet of
19 Class I surface waters.
20 (b) A new Class I municipal solid waste landfill
21 facility, waste-to-energy facility, or municipal solid waste
22 composting facility located within a 5-mile radius from the
23 perimeter of a county-owned and county-operated municipal
24 solid waste landfill that is listed on the National Priorities
25 List pursuant to the federal Comprehensive Environmental
26 Response Compensation and Liability Act and that is
27 immediately adjacent to a highway that is part of the
28 Interstate Highway System unless it complies with the
29 following requirements:
30 1. No active solid waste disposal activities shall
31 take place within 500 feet of an existing residential
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1 structure unless the permit application was filed before the
2 structure was in existence. The department may grant a
3 variance from this setback requirement to an applicant who
4 demonstrates that the facility is not expected to create a
5 public nuisance or pose a significant threat to public health
6 or the environment if the variance is granted, or who can
7 demonstrate that compliance with the setback requirement would
8 create a substantial hardship or would violate principles of
9 fairness, as those terms are defined in s. 120.542.
10 2. The applicant shall provide notice to adjacent
11 property owners that an application for the proposed facility
12 has been filed with the department. The notice must be sent by
13 certified mail, return receipt requested, to the mailing
14 address shown in the local property tax roll for each person
15 owning real property that has a common border with the
16 property to be used for the proposed facility. The notice
17 requirements in this subparagraph shall be applied in addition
18 to any other notice requirements imposed by law or department
19 rules.
20 (c) An existing Class I municipal solid waste landfill
21 facility, waste-to-energy facility, or municipal solid waste
22 composting facility located with a 5-mile radius from the
23 perimeter of a county-owned and county-operated municipal
24 solid waste landfill that is listed on the National Priorities
25 List pursuant to the federal Comprehensive Environmental
26 Response Compensation and Liability Act and that is
27 immediately adjacent to a highway that is part of the
28 Interstate Highway System unless the applicant provides notice
29 to adjacent property owners that an application for the
30 facility has been filed with the department. The notice must
31 be sent by certified mail, return receipt requested, to the
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1 mailing address shown in the local property tax roll for each
2 person owning real property that has a common border with the
3 property to be used for the facility. The notice requirements
4 in this paragraph shall be applied in addition to any other
5 notice requirements imposed by law or department rules.
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9 And the title is amended as follows:
10 On page 1, line 7, after the semicolon,
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12 insert:
13 providing conditions for issuing permits;
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