CODING: Words stricken are deletions; words underlined are additions.House Bill 0771
Florida House of Representatives - 1997 HB 771
By Representative Wallace
1 A bill to be entitled
2 An act relating to pollution control; amending
3 s. 403.087, F.S.; increasing the term for which
4 certain permits may be issued by the Department
5 of Environmental Protection; providing for
6 renewal of operation permits for domestic
7 wastewater treatment facilities for up to a
8 specified term under certain circumstances at
9 the same fee; providing an exception; requiring
10 the department to keep certain records;
11 amending ss. 403.0871 and 403.0872, F.S.;
12 conforming cross references; amending s.
13 403.1835, F.S.; authorizing the department to
14 administer certain loans under certain
15 circumstances; providing additional
16 administrative authority for funds in the
17 Sewage Treatment Revolving Loan Fund; providing
18 for sales of loans under certain circumstances;
19 providing for disposition of loan sale
20 proceeds; authorizing the department to adopt
21 approaches to ensure viability of the fund;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsections (1) and (2) of section 403.087,
27 Florida Statutes, are amended, subsections (3) through (8) of
28 said section are renumbered as subsections (4) through (9),
29 respectively, and a new subsection (3) is added to said
30 section, to read:
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1 403.087 Permits; general issuance; denial; revocation;
2 prohibition; penalty.--
3 (1) A No stationary installation that is which will
4 reasonably be expected to be a source of air or water
5 pollution must not shall be operated, maintained, constructed,
6 expanded, or modified without an appropriate and currently
7 valid permit issued by the department, unless exempted by
8 department rule. In no event shall a permit for a water
9 pollution source be issued for a term of more than 10 5 years,
10 nor and in no event may an operation permit issued after July
11 1, 1992, for a major source of air pollution have a fixed term
12 of more than 5 years. However, upon expiration, a new permit
13 may be issued by the department in accordance with this
14 chapter act and the rules and regulations of the department.
15 (2) The department shall adopt, and may amend, or
16 repeal, rules, regulations, and standards for the issuance,
17 denial, modification, and revocation of permits under this
18 section.
19 (3) A renewal of an operation permit for a domestic
20 wastewater treatment facility other than a facility regulated
21 under the NPDES program under s. 403.0885 must be issued upon
22 request for a term of up to 10 years for the same fee as a
23 5-year permit, in order to provide the owner or operator with
24 a financial incentive, if:
25 (a) The waters from the treatment facility are not
26 discharged to Class 1 municipal injection wells or the
27 treatment facility is not required to comply with the federal
28 standards under the Underground Injection Control program
29 under chapter 62-528 of the Florida Administrative Code.
30 (b) The treatment facility is not operating under a
31 temporary operating permit or a permit with an accompanying
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1 administrative order and does not have any enforcement action
2 pending against it by the Environmental Protection Agency, the
3 department, or a local program approved under s. 403.182.
4 (c) The treatment facility has operated under an
5 operation permit for 5 years and, for at least the preceding 2
6 years, has generally operated in conformance with the limits
7 of permitted flows and other conditions specified in the
8 permit.
9 (d) The department has reviewed the discharge
10 monitoring reports required under department rule and is
11 satisfied that the reports are accurate.
12 (e) The treatment facility has generally met water
13 quality standards in the preceding 2 years, except for
14 violations attributable to events beyond the control of the
15 treatment plant or its operator, such as destruction of
16 equipment by fire, wind, or other abnormal events that could
17 not reasonably be expected to occur.
18 (f) The department, or a local program approved under
19 s. 403.182, has conducted during the preceding 12 months an
20 inspection of the facility and has verified that the facility
21 is not exceeding the permitted capacity and is in substantial
22 compliance.
23
24 The department shall keep records of the number of 10-year
25 permits applied for and the number and duration of permits
26 issued for longer than 5 years.
27 Section 2. Section 403.0871, Florida Statutes, 1996
28 Supplement, is amended to read:
29 403.0871 Florida Permit Fee Trust Fund.--There is
30 established within the department a nonlapsing trust fund to
31 be known as the "Florida Permit Fee Trust Fund." All funds
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1 received from applicants for permits pursuant to ss. 161.041,
2 161.053, 161.0535, 403.087(6)(5), and 403.861(8) shall be
3 deposited in the Florida Permit Fee Trust Fund and shall be
4 used by the department with the advice and consent of the
5 Legislature to supplement appropriations and other funds
6 received by the department for the administration of its
7 responsibilities under this chapter and chapter 161. In no
8 case shall funds from the Florida Permit Fee Trust Fund be
9 used for salary increases without the approval of the
10 Legislature.
11 Section 3. Paragraph (a) of subsection (11) of section
12 403.0872, Florida Statutes, 1996 Supplement, is amended to
13 read:
14 403.0872 Operation permits for major sources of air
15 pollution; annual operation license fee.--Provided that
16 program approval pursuant to 42 U.S.C. s. 7661a has been
17 received from the United States Environmental Protection
18 Agency, beginning January 2, 1995, each major source of air
19 pollution, including electrical power plants certified under
20 s. 403.511, must obtain from the department an operation
21 permit for a major source of air pollution under this section,
22 which is the only department operation permit for a major
23 source of air pollution required for such source. Operation
24 permits for major sources of air pollution, except general
25 permits issued pursuant to s. 403.814, must be issued in
26 accordance with the following procedures and in accordance
27 with chapter 120; however, to the extent that chapter 120 is
28 inconsistent with the provisions of this section, the
29 procedures contained in this section prevail:
30 (11) Commencing in 1993, each major source of air
31 pollution permitted to operate in this state must pay between
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1 January 15 and March 1 of each year, upon written notice from
2 the department, an annual operation license fee in an amount
3 determined by department rule. The annual operation license
4 fee shall be terminated immediately in the event the United
5 States Environmental Protection Agency imposes annual fees
6 solely to implement and administer the major source
7 air-operation permit program in Florida under 40 C.F.R. s.
8 70.10(d).
9 (a) The annual fee must be assessed based upon the
10 source's previous year's emissions and must be calculated by
11 multiplying the applicable annual operation license fee factor
12 times the tons of each regulated air pollutant (except carbon
13 monoxide) allowed to be emitted per hour by specific condition
14 of the source's most recent construction or operation permit,
15 times the annual hours of operation allowed by permit
16 condition; provided, however, that:
17 1. For 1993 and 1994, the license fee factor is $10.
18 For 1995, the license fee factor is $25. In succeeding years,
19 the license fee factor is $25 or another amount determined by
20 department rule which ensures that the revenue provided by
21 each year's operation license fees is sufficient to cover all
22 reasonable direct and indirect costs of the major stationary
23 source air-operation permit program established by this
24 section. The license fee factor may be increased beyond $25
25 only if the secretary of the department affirmatively finds
26 that a shortage of revenue for support of the major stationary
27 source air-operation permit program will occur in the absence
28 of a fee factor adjustment. The annual license fee factor may
29 never exceed $35. The department shall retain a nationally
30 recognized accounting firm to conduct a study to determine the
31 reasonable revenue requirements necessary to support the
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1 development and administration of the major source
2 air-operation permit program as prescribed in paragraph (b).
3 The results of that determination must be considered in
4 assessing whether a $25-per-ton fee factor is sufficient to
5 adequately fund the major source air-operation permit program.
6 The results of the study must be presented to the Governor,
7 the President of the Senate, the Speaker of the House of
8 Representatives, and the Public Service Commission, including
9 the Public Counsel's Office, by no later than October 31,
10 1994.
11 2. For any source that operates for fewer hours during
12 the calendar year than allowed under its permit, the annual
13 fee calculation must be based upon actual hours of operation
14 rather than allowable hours if the owner or operator of the
15 source documents the source's actual hours of operation for
16 the calendar year. For any source that has an emissions limit
17 that is dependent upon the type of fuel burned, the annual fee
18 calculation must be based on the emissions limit applicable
19 during actual hours of operation.
20 3. For any source whose allowable emission limitation
21 is specified by permit per units of material input or heat
22 input or product output, the applicable input or production
23 amount may be used to calculate the allowable emissions if the
24 owner or operator of the source documents the actual input or
25 production amount. If the input or production amount is not
26 documented, the maximum allowable input or production amount
27 specified in the permit must be used to calculate the
28 allowable emissions.
29 4. For any new source that does not receive its first
30 operation permit until after the beginning of a calendar year,
31 the annual fee for the year must be reduced pro rata to
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1 reflect the period during which the source was not allowed to
2 operate.
3 5. For any source that emits less of any regulated air
4 pollutant than allowed by permit condition, the annual fee
5 calculation for such pollutant must be based upon actual
6 emissions rather than allowable emissions if the owner or
7 operator documents the source's actual emissions by means of
8 data from a department-approved certified continuous emissions
9 monitor or from an emissions monitoring method which has been
10 approved by the United States Environmental Protection Agency
11 under the regulations implementing 42 U.S.C. ss. 7651 et seq.,
12 or from a method approved by the department for purposes of
13 this section.
14 6. The amount of each regulated air pollutant in
15 excess of 4,000 tons per year allowed to be emitted by any
16 source, or group of sources belonging to the same Major Group
17 as described in the Standard Industrial Classification Manual,
18 1987, may not be included in the calculation of the fee. Any
19 source, or group of sources, which does not emit any regulated
20 air pollutant in excess of 4,000 tons per year, is allowed a
21 one-time credit not to exceed 25 percent of the first annual
22 licensing fee for the prorated portion of existing
23 air-operation permit application fees remaining upon
24 commencement of the annual licensing fees.
25 7. If the department has not received the fee by
26 February 15 of the calendar year, the permittee must be sent a
27 written warning of the consequences for failing to pay the fee
28 by March 1. If the department has not received the fee by
29 March 1 of the calendar year, the department shall impose, in
30 addition to the fee, a penalty of 50 percent of the amount of
31 the fee, plus interest on such amount computed in accordance
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1 with s. 220.807. The department may not impose such penalty
2 or interest on any amount underpaid, provided that the
3 permittee has timely remitted payment of at least 90 percent
4 of the amount determined to be due and remits full payment
5 within 60 days after receipt of notice of the amount
6 underpaid. The department may waive the collection of
7 underpayment and shall not be required to refund overpayment
8 of the fee, if the amount due is less than 1 percent of the
9 fee, up to $50. The department may revoke any major air
10 pollution source operation permit if it finds that the
11 permitholder has failed to timely pay any required annual
12 operation license fee, penalty, or interest.
13 8. During the years 1993 through 1999, inclusive, no
14 fee shall be required to be paid under this section with
15 respect to emissions from any unit which is an affected unit
16 under 42 U.S.C. s. 7651c.
17 9. Notwithstanding the computational provisions of
18 this subsection, the annual operation license fee for any
19 source subject to this section shall not be less than $250,
20 except that the annual operation license fee for sources
21 permitted solely through general permits issued under s.
22 403.814 shall not exceed $50 per year.
23 10. Notwithstanding the provisions of s.
24 403.087(6)(5)(a)4.a., authorizing air pollution construction
25 permit fees, the department may not require such fees for
26 changes or additions to a major source of air pollution
27 permitted pursuant to this section, unless the activity
28 triggers permitting requirements under Title I, Part C or Part
29 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.
30 Costs to issue and administer such permits shall be considered
31 direct and indirect costs of the major stationary source
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1 air-operation permit program under s. 403.0873. The department
2 shall, however, require fees pursuant to the provisions of s.
3 403.087(6)(5)(a)4.a. for the construction of a new major
4 source of air pollution that will be subject to the permitting
5 requirements of this section once constructed and for
6 activities triggering permitting requirements under Title I,
7 Part C or Part D, of the federal Clean Air Act, 42 U.S.C. ss.
8 7470-7514a.
9 Section 4. Subsections (1), (3), (9), and (10) of
10 section 403.1835, Florida Statutes, are amended to read:
11 403.1835 Sewage treatment facilities revolving loan
12 program.--
13 (1) The purpose of this section is to assist in
14 implementing the legislative declaration of public policy as
15 contained in s. 403.021 by establishing a self-perpetuating
16 loan program to accelerate construction of sewage treatment
17 facilities by local governmental agencies and to assist local
18 governmental agencies.
19 (3) The department is authorized to make loans to
20 local governmental agencies to assist them in planning,
21 designing, and constructing sewage treatment facilities. The
22 department may administer the resulting portfolio of loans,
23 including the authority to sell or pledge the loans, or any
24 portion of the loans, subject to the approval of the Governor,
25 the Treasurer, and the Comptroller, sitting as the State Board
26 of Administration, to ensure compliance with subsection (1).
27 The department is authorized to use the funds to provide loan
28 guarantees, to purchase loan insurance, and to refinance local
29 debt through the issue of new loans for projects approved by
30 the department. Local governmental agencies are authorized to
31 borrow funds made available pursuant to this section and may
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1 pledge any revenue available to them to repay any funds
2 borrowed. The department shall administer loans to local
3 governmental agencies so that at least 15 percent of each
4 annual allocation for loans is reserved for small communities.
5 (9) A nonlapsing trust fund with revolving loan
6 provisions to be known as the "Sewage Treatment Revolving Loan
7 Fund" is hereby established in the State Treasury to be used
8 as a revolving fund by the department to carry out the purpose
9 of this section. Any funds therein which are not needed on an
10 immediate basis for loans may be invested pursuant to s.
11 215.49. The cost of administering the program shall, to the
12 extent possible, be paid from federal funds and, when federal
13 funds become no longer available, from reasonable service fees
14 that may be imposed upon loans and from proceeds from the sale
15 of loans as permitted by federal law. Grants awarded by the
16 Federal Government to fund revolving loans for local
17 governmental agencies' sewage treatment facilities shall be
18 deposited into the fund. Proceeds from sales of loans shall
19 be deposited into the fund. All moneys available in the fund,
20 including investment earnings on such amounts, are hereby
21 designated to carry out the purpose of this section. The
22 Principal and interest payments with respect to of all loans
23 held by the fund repaid and investment earnings shall be
24 deposited into this fund.
25 (10)(a) Because the Legislature has experienced
26 revenue shortfalls in recent years and has been unable to
27 provide enough funds to fully match available federal funds to
28 help capitalize the Sewage Treatment Revolving Loan Fund, it
29 is necessary for innovative approaches to be considered to
30 help capitalize the revolving loan fund. The department shall
31 evaluate potential innovative approaches that can generate
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1 funds to match available federal funds. The department may
2 adopt approaches which will help ensure the continuing
3 viability of the Sewage Treatment Revolving Loan Fund. The
4 department shall consider, among other possible alternatives,
5 the option of implementing by rule a program to allow local
6 governments to offer funds voluntarily to the state for use as
7 a match to available federal funds to capitalize the state
8 sewage treatment revolving loan fund.
9 (b) The department may adopt rules necessary to
10 administer this section.
11 Section 5. This act shall take effect October 1, 1997.
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14 HOUSE SUMMARY
15
Increases from 5 years to 10 years the term of years for
16 certain water pollution permits issued by the Department
of Environmental Protection. Provides standards and an
17 exception for renewal of wastewater treatment operation
permits at the same fee. Provides additional
18 administrative authority by the department over the
Sewage Treatment Revolving Loan Fund. Provides for sales
19 of loans and disposition of loan sale proceeds. See bill
for details.
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