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

House Bill 0481

Florida House of Representatives - 1997 HB 481 By Representative Kelly 1 A bill to be entitled 2 An act relating to resource recovery and 3 management; amending s. 403.703, F.S.; revising 4 a definition; amending s. 403.721, F.S.; 5 providing additional rule requirements of the 6 Department of Environmental Protection; 7 providing additional contingency plan 8 requirements; amending s. 403.722, F.S.; 9 clarifying certain permit requirements; 10 providing additional requirements for certain 11 permit application reviews; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (22) of section 403.703, Florida 17 Statutes, 1996 Supplement, is amended to read: 18 403.703 Definitions.--As used in this act, unless the 19 context clearly indicates otherwise, the term: 20 (22) "Hazardous waste facility" means: 21 (a) All contiguous land and any structure or other 22 appurtenance and improvement on the land for use in treating, 23 storing, or disposing of hazardous waste any building, site, 24 structure, or equipment at or by which hazardous waste is 25 disposed of, stored, or treated. A facility may consist of 26 several treatment, storage, or disposal operational units, 27 including, but not limited to, landfills or surface 28 impoundments. 29 (b) For the purpose of implementing corrective action 30 under 40 C.F.R. s. 264.101, all contiguous property under the 31 control of the owner or operator seeking a permit under 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 481 90-378-97 1 Subtitle C of the Resource Conservation and Recovery Act, 42 2 U.S.C. This subsection also applies to any facility which 3 implements corrective action under 42 U.S.C. s. 3008(h). 4 Section 2. Paragraph (l) is added to subsection (6) 5 and subsection (8) is added to section 403.721, Florida 6 Statutes, to read: 7 403.721 Standards, requirements, and procedures for 8 generators and transporters of hazardous waste and owners and 9 operators of hazardous waste facilities.-- 10 (6) The department, with respect to owners and 11 operators of hazardous waste disposal, storage, or treatment 12 facilities, and with respect to such facilities, shall adopt 13 rules governing: 14 (l) Corrective-action orders at interim-status 15 facilities, which orders are equivalent to orders issued under 16 s. 3008(h) of the Resource Conservation and Recovery Act, 42. 17 U.S.C. s. 6928(h). 18 (8) The department, with respect to owners and 19 operators of commercial hazardous waste disposal, storage, or 20 treatment facilities that are not otherwise subject to the 21 requirements of s. 112(r) of the Clean Air Act, shall require 22 the contingency plans of such owners and operators for such 23 facilities to include an analysis of the off-site consequences 24 of accidental releases. For purposes of s. 403.0872(15), this 25 subsection is not a provision of this chapter relating to air 26 pollution. 27 Section 3. Subsections (1) and (9) of section 403.722, 28 Florida Statutes, 1996 Supplement, are amended to read: 29 403.722 Permits; hazardous waste disposal, storage, 30 and treatment facilities.-- 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 481 90-378-97 1 (1) Each person who intends to construct, modify, 2 operate, or close a hazardous waste disposal, storage, or 3 treatment facility shall obtain a construction or, operation, 4 or closure permit or an approved closure plan from the 5 department prior to constructing, modifying, operating, or 6 closing the facility. A hazardous waste disposal, storage, or 7 treatment facility that fails to close pursuant to an approved 8 closure plan shall obtain a post-closure permit from the 9 department. By rule, the department may provide for the 10 issuance of a single permit instead of any two or more 11 hazardous waste facility permits. 12 (9) It shall not be a requirement for the application 13 review issuance of such a permit that the facility submit, 14 from each county and municipality having jurisdiction over the 15 location of the facility, a statement that all local approvals 16 have been obtained or have been conditionally obtained, 17 contingent upon department approval complies with an adopted 18 local government comprehensive plan, local land use 19 ordinances, zoning ordinances or regulations, or other local 20 ordinances. However, such a permit issued by the department 21 shall not override adopted local government comprehensive 22 plans, local land use ordinances, zoning ordinances or 23 regulations, or other local ordinances. 24 Section 4. This act shall take effect October 1, 1997. 25 26 ***************************************** 27 HOUSE SUMMARY 28 Revises resource recovery and management provisions 29 relating to hazardous waste facilities, rules of the Department of Environmental Protection, contingency plan 30 requirements, closure plans, and permit application reviews. See bill for details. 31 3