House Bill 4077c1

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    Florida House of Representatives - 1998             CS/HB 4077

        By the Committee on Environmental Protection and
    Representatives Murman and Byrd





  1                      A bill to be entitled

  2         An act relating to pollution control; requiring

  3         the Department of Environmental Protection to

  4         adopt rules to ensure that phosphogypsum stack

  5         systems are operated to meet critical safety

  6         standards by a specified date; amending s.

  7         403.1651, F.S.; authorizing the department to

  8         enter into settlements in which moneys are to

  9         be deposited into a local pollution recovery

10         fund and used for specified purposes; providing

11         an effective date.

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

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15         Section 1.  Phosphogypsum Management.--By July 1, 1999,

16  the Department of Environmental Protection shall adopt rules

17  to amend existing chapter 62-672, Florida Administrative Code,

18  to ensure that impoundment structures and water conveyance

19  piping systems used in phosphogypsum management are designed

20  and maintained to meet critical safety standards. The rules

21  must require that any impoundment structure used in a

22  phosphogypsum stack system together with all pumps, piping,

23  ditches, drainage conveyances, water control structures,

24  collection pools, cooling ponds, surge ponds, and any other

25  collection or conveyance system associated with phosphogypsum

26  transport, cooling water, or the return of process wastewater

27  are constructed using sound engineering practices and are

28  operated to avoid spills or discharges of materials which

29  adversely affect surface or ground waters. The rules must

30  require that a phosphogypsum stack system owner maintain a log

31  detailing the owner's operating inspection schedule and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4077

    194-120-98






  1  results, and any corrective action taken based on the

  2  inspection results. The rules must require phosphogypsum stack

  3  owners to maintain an emergency contingency plan and

  4  demonstrate the ability to mobilize equipment and manpower to

  5  respond to emergency situations at phosphogypsum stack

  6  systems. The rules must establish a reasonable time period,

  7  not to exceed 12 months, for facilities to meet the provisions

  8  of the rules adopted pursuant to this section.

  9         Section 2.  Paragraph (a) of subsection (2) of section

10  403.1651, Florida Statutes, is amended to read:

11         403.1651  Ecosystem Management and Restoration Trust

12  Fund.--

13         (2)  The trust fund shall be used for the deposit of

14  all moneys recovered by the state:

15         (a)  As a result of actions against any person for a

16  violation of chapter 373 or this chapter initiated by the

17  department.  No settlement entered into by the department

18  shall limit the Legislature's authority to appropriate moneys

19  from the trust fund; provided, however, that the department

20  may enter into a settlement in which the department agrees to

21  request that moneys received pursuant to the settlement will

22  be included in its legislative budget request for purposes set

23  out in the settlement; and further, that the department may

24  enter into a settlement in cases involving joint enforcement

25  with a local pollution control program, as defined by s.

26  403.182, in which the department agrees that moneys are to be

27  deposited into a local pollution recovery fund and used for

28  projects giving first priority to restoring the environmental

29  damage that was the cause of action for which funds were

30  received and that are consistent with the purposes of the

31  Ecosystem Management and Restoration Trust Fund.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4077

    194-120-98






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

  2  law.

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