House Bill 3701c1

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    Florida House of Representatives - 1998             CS/HB 3701

        By the Committee on Environmental Protection and
    Representatives Fuller, King, Wise, Thrasher, Arnall, Hill and
    Crady




  1                      A bill to be entitled

  2         An act relating to pollution control; creating

  3         s. 403.7211, F.S.; restricting authority of the

  4         Department of Environmental Protection to issue

  5         permits for construction, modification, and

  6         initial operation of facilities for disposal,

  7         storage, or treatment of hazardous wastes

  8         generated off-site; restricting the locations

  9         of hazardous waste transfer facilities;

10         providing application to pending permits and

11         proposed transfer stations; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 403.7211, Florida Statutes, is

17  created to read:

18         403.7211  Hazardous waste facilities managing hazardous

19  wastes generated off-site.

20         (1)  With respect to facilities managing hazardous

21  wastes generated off-site, except as provided in subsection

22  (5), the department shall not issue any permit for the

23  construction, initial operation, or substantial modification

24  of a facility for the disposal, storage, or treatment of

25  hazardous wastes generated off-site which is proposed to be

26  located in any of the following locations:

27         (a)  Any area where life-threatening concentrations of

28  hazardous substances could accumulate at any residence or

29  residential subdivision as the result of a catastrophic event

30  at the proposed facility, unless each such residence or

31  residential subdivision is served by at least one arterial

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  1  road or urban minor arterial road, as defined in s. 334.03,

  2  that provides safe and direct egress by land to an area where

  3  such life-threatening concentrations of hazardous substances

  4  could not accumulate in a catastrophic event. Egress by any

  5  road leading from any residence or residential subdivision to

  6  any point located within 1,000 yards of the proposed facility

  7  is unsafe for the purposes of this paragraph;

  8         (b)  Any location within 1,500 yards of any hospital,

  9  prison, school, nursing home facility, day care facility,

10  stadium, place of assembled worship, or any other site where

11  individuals are routinely confined or assembled in such a

12  manner that reasonable access to immediate evacuation is

13  likely to be unavailable;

14         (c)  Any location within 1,000 yards of any residence;

15  or

16         (d)  Any location which is inconsistent with rules

17  adopted by the department under part IV.

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19  For the purposes of this subsection, all distances shall be

20  measured from the outer limit of the active hazardous waste

21  management area. "Substantial modification" includes: any

22  physical change in, change in the operations of, or addition

23  to a facility which could increase the potential off-site

24  impact, or risk of impact, from a release at that facility;

25  and any change in permit conditions which is reasonably

26  expected to lead to greater potential impacts, or risks of

27  impacts, from a release at that facility. "Initial operation"

28  means the initial commencement of operations at the facility.

29         (2)  It shall be presumed, for the purposes of this

30  section, that life-threatening concentrations of hazardous

31  substances could accumulate in a catastrophic event in any

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    Florida House of Representatives - 1998             CS/HB 3701

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  1  area within a radius of 3 miles of a hazardous waste transfer

  2  disposal, storage, or treatment facility. This presumption may

  3  be rebutted by a demonstration that such life-threatening

  4  concentrations could accumulate at a greater distance, or that

  5  such life-threatening concentrations could only accumulate at

  6  a lesser distance, in light of the composition, quantity, and

  7  concentration of hazardous waste proposed to be disposed of,

  8  treated, or stored at the proposed facility. That

  9  demonstration may be made, at the election of the facility, in

10  the form of the submissions required under Program 3 of the

11  Accidental Release Prevention Program of s. 112(r)(7) of the

12  Clean Air Act.

13         (3)  For the purposes of this section, a concentration

14  of hazardous substances shall be deemed to be life-threatening

15  when the concentration could cause susceptible or sensitive

16  individuals, excluding hypersensitive or hypersusceptible

17  individuals, to experience irreversible or other serious,

18  long-lasting effects or impaired ability to escape.

19         (4)  No person shall own, operate, or construct a

20  transfer facility for the management of hazardous waste unless

21  the facility meets the siting requirements of subsection (1).

22         (5)  This section does not apply to privately owned, or

23  local-government-owned, permitted industrial generators that

24  treat or store hazardous waste and expand operations by

25  receiving additional hazardous wastes or increased amounts of

26  hazardous wastes from other sites owned or acquired by the

27  permittee. An "industrial generator" includes a facility

28  engaging in the business of manufacturing or power generation.

29         Section 2.  Section 403.7211, Florida Statutes, as

30  created by this act, shall apply to any permit applications

31  for the construction, initial operation, or substantial

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    Florida House of Representatives - 1998             CS/HB 3701

    194-111-98






  1  modification of a facility pending on the effective date of

  2  this act for which the Department of Environmental Protection

  3  has not issued a final order and to any proposed transfer

  4  facility which has not commenced operation as of the effective

  5  date of this act.

  6         Section 3.  This act shall take effect upon becoming a

  7  law.

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