Senate Bill 0826
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Florida Senate - 1998 SB 826
By the Committee on Natural Resources
312-891-98
1 A bill to be entitled
2 An act relating to solid waste management;
3 amending s. 403.705, F.S.; providing for a
4 solid waste diversion goal; amending s.
5 403.706, F.S.; providing that a county's solid
6 waste management and recycling program must be
7 designed to meet the diversion goal; deleting
8 language relating to a solid waste reduction
9 goal and its requirements; deleting the
10 requirement that certain counties must provide
11 an opportunity to recycle; deleting the
12 provision that allows the Department of
13 Environmental Protection to reduce or modify
14 the solid waste reduction goal under certain
15 circumstances; deleting certain penalties for
16 counties not meeting solid waste reduction goal
17 provisions; amending s. 403.7095, F.S.;
18 providing criteria that counties must meet in
19 order to be eligible for recycling incentive
20 grants; deleting obsolete provisions; providing
21 that the Legislature must review the provisions
22 of s. 403.7095, F.S., relating to recycling
23 grants prior to October 1, 2002; providing an
24 effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 403.705, Florida Statutes, is
29 amended to read:
30 403.705 State solid waste management program.--
31 (1) The state solid waste management program shall:
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1 (a) Have a goal of diverting by the year 2001 prior to
2 disposal, through recycling, through the use of processed
3 fuels derived from municipal solid waste used in industrial
4 boilers, and through other waste-reduction measures at least
5 30 percent of all municipal solid waste as defined in s.
6 403.706(5) and other materials that would otherwise become
7 municipal solid waste generated in the state. It is the
8 responsibility of the department, in collaboration with state
9 and local governments and the private sector, to achieve this
10 goal;
11 (b)(a) Provide guidelines for the orderly collection,
12 transportation, storage, separation, processing, recovery,
13 recycling, and disposal of solid waste throughout the state;
14 (c)(b) Encourage coordinated local activity for solid
15 waste management within a common geographical area;
16 (d)(c) Investigate the present status of solid waste
17 management in the state with positive proposals for local
18 action to correct deficiencies in present solid waste
19 management processes;
20 (e)(d) Provide planning, technical, and financial
21 assistance to local governments and state agencies for
22 reduction, recycling, reuse, and processing of solid waste and
23 for safe and environmentally sound solid waste management and
24 disposal;
25 (f)(e) Assist in the development of solid waste
26 reduction and recycling programs to properly manage solid
27 waste and conserve resources; and
28 (g)(f) Provide for the education of the general public
29 and the training of solid waste management professionals to
30 reduce the production of solid waste, to ensure proper
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1 processing and disposal of solid waste, and to encourage
2 recycling and solid waste reduction.
3 (2) The state solid waste management program shall be
4 updated at least once every 3 years.
5 (3) The state solid waste management program shall
6 include, at a minimum:
7 (a) Procedures and requirements to ensure cooperative
8 efforts in solid waste management by counties and
9 municipalities and groups of counties and municipalities where
10 appropriate.
11 (b) Provisions for the continuation of existing
12 effective regional resource recovery, recycling, and solid
13 waste management facilities and programs.
14 (c) Planning guidelines and technical assistance to
15 counties and municipalities to aid in meeting the diversion
16 goal established in paragraph (1)(a) municipal solid waste
17 reduction goals established in s. 403.706(4).
18 (d) Planning guidelines and technical assistance to
19 counties and municipalities to develop and implement recycling
20 programs.
21 (e) Technical assistance to counties and
22 municipalities in determining the full cost for solid waste
23 management as required in s. 403.7049(1).
24 (f) Planning guidelines and technical assistance to
25 counties and municipalities to develop and implement programs
26 for alternative disposal or processing or recycling of the
27 solid wastes prohibited from disposal in landfills under s.
28 403.708(13) and for special wastes.
29 (g) A public education program, to be developed in
30 cooperation with the Department of Education, local
31 governments, other state agencies, and business and industry
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1 organizations, to inform the public of the need for and the
2 benefits of recycling of solid waste and reducing the amounts
3 of solid and hazardous waste generated and disposed of in the
4 state. The public education program shall be implemented
5 through public workshops and through the use of brochures,
6 reports, public service announcements, and other materials.
7 (4) The department shall prepare by December 1 each
8 year a report on the status of solid waste management efforts
9 in the state. The report shall include, at a minimum:
10 (a) A comprehensive analysis, to be updated in each
11 report, of solid waste generation and disposal in the state
12 projected for the 20-year period beginning on October 1, 1988.
13 (b) The total amounts of solid waste generated,
14 materials recycled, and disposed of, and the methods of solid
15 waste recycling and disposal used during the calendar year
16 prior to the year in which the report is published.
17 (c) An evaluation of the development and
18 implementation of local solid waste management programs and
19 county and municipal recycling programs.
20 (d) An evaluation of the success of each county or
21 group of counties in meeting the diversion goal established in
22 paragraph (1)(a) municipal solid waste reduction goal
23 established in s. 403.706(4).
24 (e) Recommendations concerning existing and potential
25 programs for solid waste reduction and recycling that would be
26 appropriate for local governments and state agencies to
27 implement to meet the requirements of this act.
28 (f) An evaluation of the markets for recycled
29 materials and the success of state, local, and private
30 industry efforts to enhance the markets for such materials.
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1 (g) Recommendations to the Governor and the
2 Legislature to improve the management and recycling of solid
3 waste in this state.
4 (5) The department shall develop descriptive
5 literature to inform local governments of the solid waste
6 management responsibilities and opportunities described in
7 this act.
8 Section 2. Section 403.706, Florida Statutes, is
9 amended to read:
10 403.706 Local government solid waste
11 responsibilities.--
12 (1) The governing body of a county has the
13 responsibility and power to provide for the operation of solid
14 waste disposal facilities to meet the needs of all
15 incorporated and unincorporated areas of the county. Unless
16 otherwise approved by an interlocal agreement or special act,
17 municipalities may not operate solid waste disposal facilities
18 unless a municipality demonstrates by a preponderance of the
19 evidence that the use of a county designated facility, when
20 compared to alternatives proposed by the municipality, places
21 a significantly higher and disproportionate financial burden
22 on the citizens of the municipality when compared to the
23 financial burden placed on persons residing within the county
24 but outside of the municipality. However, a municipality may
25 construct and operate a resource recovery facility and related
26 onsite solid waste disposal facilities without an interlocal
27 agreement with the county if the municipality can demonstrate
28 by a preponderance of the evidence that the operation of such
29 facility will not significantly impair financial commitments
30 made by the county with respect to solid waste management
31 services and facilities or result in significantly increased
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1 solid waste management costs to the remaining persons residing
2 within the county but not served by the municipality's
3 facility. This section shall not prevent a municipality from
4 continuing to operate or use an existing disposal facility
5 permitted on or prior to October 1, 1988. Any municipality
6 which establishes a solid waste disposal facility under this
7 subsection and subsequently abandons such facility shall be
8 responsible for the payment of any capital expansion necessary
9 to accommodate the municipality's solid waste for the
10 remaining projected useful life of the county disposal
11 facility. Pursuant to this section and notwithstanding any
12 other provision of this chapter, counties shall have the power
13 and authority to adopt ordinances governing the disposal of
14 solid waste generated outside of the county at the county's
15 solid waste disposal facility. In accordance with this
16 section, municipalities are responsible for collecting and
17 transporting solid waste from their jurisdictions to a solid
18 waste disposal facility operated by a county or operated under
19 a contract with a county. Counties may charge reasonable fees
20 for the handling and disposal of solid waste at their
21 facilities. The fees charged to municipalities at a solid
22 waste management facility specified by the county shall not be
23 greater than the fees charged to other users of the facility
24 except as provided in s. 403.7049(5). Solid waste management
25 fees collected on a countywide basis shall be used to fund
26 solid waste management services provided countywide.
27 (2) Each county shall initiate a recyclable materials
28 recycling program. Counties and municipalities are encouraged
29 to form cooperative arrangements for implementing recycling
30 programs. The following requirements shall apply:
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1 (a) Construction and demolition debris must be
2 separated from the solid waste stream and segregated in
3 separate locations at a solid waste disposal facility or other
4 permitted site.
5 (b) At a minimum, such programs shall be designed to
6 recover a majority of the newspaper, aluminum cans, steel
7 cans, glass, and plastic bottles from the solid waste stream
8 prior to final disposal at a solid waste disposal facility and
9 to offer these materials for recycling. Local governments
10 which operate permitted waste-to-energy facilities may
11 retrieve steel cans as a byproduct of combustion.
12 (c) Local governments are encouraged to separate all
13 plastics, metal, and all grades of paper for recycling prior
14 to final disposal and are further encouraged to recycle yard
15 trash and other mechanically treated solid waste into compost
16 available for agricultural and other acceptable uses.
17 (d) Each county shall consider plans for composting or
18 mulching of organic materials that would otherwise be disposed
19 of in a landfill. The composting or mulching plans must
20 address partnership with the private sector.
21 (3) Each county shall ensure, to the maximum extent
22 possible, that municipalities within its boundaries
23 participate in the preparation and implementation of recycling
24 and solid waste management programs through interlocal
25 agreements pursuant to s. 163.01 or other means provided by
26 law. Nothing in a county's solid waste management or recycling
27 program shall affect the authority of a municipality to
28 franchise or otherwise provide for the collection of solid
29 waste generated within the boundaries of the municipality.
30 (4)(a) A county's solid waste management and recycling
31 programs shall be designed to meet the diversion goal
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1 established in s. 403.705(1)(a). provide for sufficient
2 reduction of the amount of solid waste generated within the
3 county and the municipalities within its boundaries in order
4 to meet goals for the reduction of municipal solid waste prior
5 to the final disposal or the incineration of such waste at a
6 solid waste disposal facility. The goals shall provide, at a
7 minimum, that the amount of municipal solid waste that would
8 be disposed of within the county and the municipalities within
9 its boundaries is reduced by at least 30 percent by the end of
10 1994. In determining whether the municipal solid waste
11 reduction goal established by this subsection has been
12 achieved, no more than one-half of the goal may be met with
13 yard trash, white goods, construction and demolition debris,
14 and tires that are removed from the total amount of municipal
15 solid waste. However, if a county that is a special district
16 created by chapter 67-764, Laws of Florida, demonstrates that
17 yard trash, construction and demolition debris, white goods,
18 and waste tires comprise more than 50 percent of the municipal
19 solid waste generated in the county and municipalities within
20 its boundaries, the county may meet the reduction goal
21 established by this subsection by reducing the Class I
22 municipal solid waste generated in the county and
23 municipalities within its boundaries at a rate equal to the
24 average rate Class I municipal solid waste is reduced in the
25 20 most populous counties, as determined by the department for
26 the previous reporting period. As used in this subsection,
27 "Class I municipal solid waste" means municipal solid waste
28 other than yard trash, construction and demolition debris,
29 white goods, and waste tires.
30 (b) Notwithstanding the limitation on the waste
31 reduction goal in paragraph (a), a county may receive credit
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1 for one-half of the goal for waste reduction from one or a
2 combination of the following:
3 1. The use of pelletized paper waste as a supplemental
4 fuel in permitted boilers other than waste-to-energy
5 facilities.
6 2. The use of yard trash, or other clean wood waste or
7 paper waste, in innovative programs including, but not limited
8 to, programs that produce alternative clean-burning fuels such
9 as ethanol or that provide for the conversion of yard trash or
10 other clean wood waste or paper waste to clean-burning fuel
11 for the production of energy for use at facilities other than
12 a waste-to-energy facility as defined in s. 403.7895. The
13 provisions of this subparagraph only apply if a county can
14 demonstrate that:
15 a. The county has implemented a yard trash mulching or
16 composting program, and
17 b. As part of the program, compost and mulch made from
18 yard trash is available to the general public and in use at
19 county-owned or maintained and municipally owned or maintained
20 facilities in the county and state agencies operating in the
21 county as required by this section.
22 (c) No facility, solely by virtue of the fact that it
23 uses processed yard trash or clean wood or paper waste as a
24 fuel source, shall be deemed to be a solid waste disposal
25 facility.
26 (d) A county with a population of 50,000 or less may
27 provide its residents with the opportunity to recycle in lieu
28 of achieving the goal set forth in paragraph (a). For the
29 purposes of this subsection, the "opportunity to recycle"
30 means that the county:
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1 1.a. Provides a system for separating and collecting
2 recyclable materials prior to disposal that is located at a
3 solid waste management facility or solid waste disposal area;
4 or
5 b. Provides a system of places within the county for
6 collection of source-separated recyclable materials.
7 2. Provides a public education and promotion program
8 that is conducted to inform its residents of the opportunity
9 to recycle, encourages source separation of recyclable
10 materials, and promotes the benefits of reducing, reusing,
11 recycling, and composting materials.
12
13 If a county with a population of 50,000 or less decides to
14 provide the opportunity to recycle in lieu of achieving the
15 goal set forth in paragraph (a), the county shall notify the
16 department by October 1, 1993, of such decision, and shall
17 provide the department with a description of how the county
18 intends to provide the opportunity to recycle. The department
19 shall take into consideration the description provided by the
20 county in determining the amount of grant moneys to be
21 provided to the county pursuant to s. 403.7095.
22 (5) As used in this section, "municipal solid waste"
23 includes any solid waste, except for sludge, resulting from
24 the operation of residential, commercial, governmental, or
25 institutional establishments that would normally be collected,
26 processed, and disposed of through a public or private solid
27 waste management service. The term includes yard trash but
28 does not include solid waste from industrial, mining, or
29 agricultural operations.
30 (6) The department may reduce or modify the municipal
31 solid waste reduction goal that a county is required to
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1 achieve pursuant to subsection (4) if the county demonstrates
2 to the department that:
3 (a) The achievement of the goal set forth in
4 subsection (4) would have an adverse effect on the financial
5 obligations of a county that are directly related to a
6 waste-to-energy facility owned or operated by or on behalf of
7 the county; and
8 (b) The county cannot remove normally combustible
9 materials from solid waste that is to be processed at a
10 waste-to-energy facility because of the need to maintain a
11 sufficient amount of solid waste to ensure the financial
12 viability of the facility.
13
14 The goal shall not be waived entirely and may only be reduced
15 or modified to the extent necessary to alleviate the adverse
16 effects of achieving the goal on the financial viability of a
17 county's waste-to-energy facility. Nothing in this subsection
18 shall exempt a county from developing and implementing a
19 recycling program pursuant to this act.
20 (6)(7) In order to assist the department in assessing
21 assess the state's progress in meeting the goal established in
22 s.403.705(1)(a) subsection (4), each county shall, by October
23 each year, report to the department its annual solid waste
24 management program and recycling activities. The report by
25 the county must include:
26 (a) A description of its public education program on
27 recycling;
28 (b) The amount of solid waste disposed of at solid
29 waste disposal facilities, by type of waste such as yard
30 trash, white goods, clean debris, tires, and unseparated solid
31 waste;
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1 (c) The amount and type of materials from the solid
2 waste stream that were recycled;
3 (c)(d) The percentage of the population participating
4 in various types of recycling activities instituted;
5 (d)(e) The percent reduction each year in municipal
6 solid waste disposed of at solid waste disposal facilities;
7 (e)(f) A description of the recycling activities
8 attempted, their success rates, the perceived reasons for
9 failure or success, and the recycling activities that which
10 are ongoing and most successful; and
11 (f)(g) A description of the progress made toward
12 developing a composting program for organic materials such as
13 yard waste, food waste, and paper waste that would otherwise
14 be disposed of in a landfill.
15 (7)(8) A county or municipality may enter into a
16 written agreement with other persons, including persons
17 transporting solid waste on October 1, 1988, to undertake to
18 fulfill some or all of the county's or municipality's
19 responsibilities under this section.
20 (8)(9) In the development and implementation of a
21 curbside recyclable materials collection program, a county or
22 municipality shall enter into negotiations with a franchisee
23 who is operating to exclusively collect solid waste within a
24 service area of a county or municipality to undertake curbside
25 recyclable materials collection responsibilities for a county
26 or municipality. If the county or municipality and such
27 franchisee fail to reach an agreement within 60 days from the
28 initiation of such negotiations, the county or municipality
29 may solicit proposals from other persons to undertake curbside
30 recyclable materials collection responsibilities for the
31 county or municipality as it may require. Upon the
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1 determination of the lowest responsible proposal, the county
2 or municipality may undertake, or enter into a written
3 agreement with the person who submitted the lowest responsible
4 proposal to undertake, the curbside recyclable materials
5 collection responsibilities for the county or municipality,
6 notwithstanding the exclusivity of such franchise agreement.
7 (9)(10) In developing and implementing recycling
8 programs, counties and municipalities shall give consideration
9 to the collection, marketing, and disposition of recyclable
10 materials by persons engaged in the business of recycling on
11 October 1, 1988, whether or not the persons were operating for
12 profit. Counties and municipalities are encouraged to use
13 for-profit and nonprofit organizations in fulfilling their
14 responsibilities under this act.
15 (10)(11) A county and the municipalities within the
16 county's boundaries may jointly develop a recycling program,
17 provided that the county and each such municipality must enter
18 into a written agreement to jointly develop a recycling
19 program. If a municipality does not participate in jointly
20 developing a recycling program with the county within which it
21 is located, the county may require the municipality to provide
22 information on recycling efforts undertaken within the
23 boundaries of the municipality in order to determine whether
24 the goal for municipal solid waste reduction is being
25 achieved.
26 (11)(12) It is the policy of the state that a county
27 and its municipalities may jointly determine, through an
28 interlocal agreement pursuant to s. 163.01 or by requesting
29 the passage of special legislation, which local governmental
30 agency shall administer a solid waste management or recycling
31 program.
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1 (12)(13) The county shall provide written notice to
2 all municipalities within the county when recycling program
3 development begins and shall provide periodic written progress
4 reports to the municipalities concerning the preparation of
5 the recycling program.
6 (13)(14) Nothing in this act shall be construed to
7 prevent the governing body of any county or municipality from
8 providing by ordinance or regulation for solid waste
9 management requirements which are stricter or more extensive
10 than those imposed by the state solid waste management program
11 and rules, regulations, and orders issued thereunder.
12 (14)(15) Nothing in this act or in any rule adopted by
13 any agency shall be construed to require any county or
14 municipality to participate in any regional solid waste
15 management or regional resource recovery program until the
16 governing body of such county or municipality has determined
17 that participation in such a program is economically feasible
18 for that county or municipality. Nothing in this act or in any
19 special or local act or in any rule adopted by any agency
20 shall be construed to limit the authority of a municipality to
21 regulate the disposal of solid waste within its boundaries or
22 generated within its boundaries so long as a facility for any
23 such disposal has been approved by the department, unless the
24 municipality is included within a solid waste management
25 program created by interlocal agreement or special or local
26 act. If bonds had been issued to finance a resource recovery
27 or management program or a solid waste management program in
28 reliance on state law granting to a county the responsibility
29 for the resource recovery or management program or a solid
30 waste management program, nothing herein shall permit any
31 governmental agency to withdraw from said program if said
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1 agency's participation is necessary for the financial
2 feasibility of the project, so long as said bonds are
3 outstanding.
4 (15)(16) Nothing in this chapter or in any rule
5 adopted by any state agency hereunder shall require any person
6 to subscribe to any private solid waste collection service.
7 (16)(17) To effect the purposes of this part, counties
8 and municipalities are authorized, in addition to other powers
9 granted pursuant to this part:
10 (a) To contract with persons to provide resource
11 recovery services or operate resource recovery facilities on
12 behalf of the county or municipality.
13 (b) To indemnify persons providing resource recovery
14 services or operating resource recovery facilities for
15 liabilities or claims arising out of the provision or
16 operation of such services or facilities that are not the
17 result of the sole negligence of the persons providing such
18 services or operating such facilities.
19 (c) To waive sovereign immunity and immunity from suit
20 in federal court by vote of the governing body of the county
21 or municipality to the extent necessary to carry out the
22 authority granted in paragraphs (a) and (b), notwithstanding
23 the limitations prescribed in s. 768.28.
24 (17)(18) On and after July 1, 1989, each operator of a
25 solid waste management facility owned or operated by or on
26 behalf of a county or municipality, except existing facilities
27 which will not be in use 1 year after October 1, 1988, shall
28 weigh all solid waste when it is received. The scale used to
29 measure the solid waste shall conform to the requirements of
30 chapter 531 and any rules promulgated thereunder.
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1 (18)(19) A county listed in chapter 62-7 17-7, Florida
2 Administrative Code, which was required to submit to the
3 department a local resource recovery and management program
4 shall revise its existing local resource recovery and
5 management program if necessary to meet the requirements of
6 this act.
7 (19)(20) In the event the power to manage solid waste
8 has been granted to a special district or other entity by
9 special act or interlocal agreement, any duty or
10 responsibility or penalty imposed under this part on a county
11 or municipality shall apply to such special district or other
12 entity to the extent of the grant of such duty or
13 responsibility or imposition of such penalty. To the same
14 extent, such special district or other entity shall be
15 eligible for grants or other benefits provided pursuant to
16 this part.
17 (21) In addition to any other penalties provided by
18 law, a local government that does not comply with the
19 requirements of subsections (2) and (4) shall not be eligible
20 for grants from the Solid Waste Management Trust Fund, and the
21 department may notify the State Treasurer to withhold payment
22 of all or a portion of funds payable to the local government
23 by the department from the General Revenue Fund or by the
24 department from any other state fund, to the extent not
25 pledged to retire bonded indebtedness, unless the local
26 government demonstrates that good faith efforts to meet the
27 requirements of subsections (2) and (4) have been made or that
28 the funds are being or will be used to finance the correction
29 of a pollution control problem that spans jurisdictional
30 boundaries.
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1 (20)(22) Local governments are authorized to enact
2 ordinances that require and direct all residential properties
3 and industrial, commercial, and institutional establishments
4 as defined by the local government to establish programs for
5 the separation of recyclable materials designated by the local
6 government, which recyclable materials are specifically
7 intended for purposes of recycling and for which a market
8 exists, and to provide for their collection. Such ordinances
9 may include, but are not limited to, provisions that prohibit
10 any person from knowingly disposing of recyclable materials
11 designated by the local government and that ensure the
12 collection of recovered materials as necessary to protect
13 public health and safety.
14 (21)(23) Nothing in this act shall limit the authority
15 of the state or any local government to regulate the
16 collection, transportation, processing, or handling of
17 recovered materials or solid waste in order to protect the
18 public health, safety, and welfare.
19 Section 3. Section 403.7095, Florida Statutes, is
20 amended to read:
21 403.7095 Solid waste management grant program.--
22 (1) The department shall develop a grant program to
23 enable counties and municipalities to operate solid waste
24 management recycling and education programs to carry out the
25 purposes of this section. Counties and municipalities are
26 encouraged to form interlocal agreements to implement solid
27 waste recycling and education programs.
28 (2) Twenty-five percent of the funds available for
29 recycling and education grants in subsections (4) and (5)
30 shall be distributed as base portions of grants to counties
31 and to municipalities with populations over 50,000. The base
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1 portion of grants shall be awarded in equal amounts to all
2 applicants determined eligible by the department according to
3 the provisions of this section.
4 (3) Seventy-five percent of the funds available for
5 recycling and education grants in subsections (4) and (5)
6 shall be distributed as incentive portions of grants based on
7 the formula set forth in this subsection. Each county and
8 each municipality with a population of greater than 50,000 may
9 apply for the incentive portions of recycling and education
10 grants individually, and counties may apply individually or in
11 conjunction with other municipalities.
12 (a) Effective July 1, 1998, applicants for incentive
13 grants must:
14 1. Ensure the provision of an adequate and convenient
15 level of recycling service to single-family and multifamily
16 residential areas.
17 2. Ensure the collection of glass, newspaper, aluminum
18 cans, steel cans, and plastic bottles.
19 3. Provide technical assistance and education programs
20 specifically designed to increase recycling in the commercial
21 sector.
22 4. Have sufficient resources available to administer
23 the program.
24 5. Have a procurement policy for the purchase of
25 products or materials with recycled content.
26 6. Demonstrate that the materials to be collected or
27 processed, or both, are not presently being recovered to the
28 extent necessary to meet the goal established in s.
29 403.705(1)(a) and will not otherwise be recovered except by
30 the proposed recycling or composting project.
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1 7. Provide a description of how the private recycling
2 infrastructure has been used in carrying out the recycling
3 program.
4 (b)(a) The incentive portions of grants shall be
5 available to municipalities with populations greater than
6 50,000 applying individually on a 50-percent matching basis.
7 The incentive portion of grants shall be available to counties
8 with unincorporated populations of greater than 50,000 30,000
9 applying individually or in combination with municipalities
10 within the county on a 50-percent matching basis, except for
11 such grant applications meeting the requirements of paragraph
12 (d) (c). Counties with populations of 50,000 30,000 or less
13 applying individually or in combination with municipalities
14 within the county shall not be required to match incentive
15 portions of grants.
16 (c)(b) In all cases, the incentive portions of grants
17 shall be distributed based proportionately on the total
18 population of each county and the municipalities within the
19 counties applying jointly during a grant period. Counties
20 shall be credited only with the population of the
21 unincorporated areas, and municipalities shall be credited
22 with their total population.
23 (d)(c) However, the incentive portion of grants shall
24 be available without a required match to counties with
25 incorporated and unincorporated populations of greater than
26 50,000 30,000 jointly applying with municipalities
27 constituting at least 75 percent of the total incorporated
28 population within the county; except that when a county has at
29 least one municipality within it that has a population
30 exceeding 25 percent of the incorporated population of the
31 county, such county shall not be required to match if
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1 municipalities constituting at least 75 percent of the
2 remaining incorporated population of such county apply jointly
3 with such county.
4 (e)(d) Population of municipalities shall be
5 determined by the most recent population census determination
6 under s. 186.901.
7 (f)(e) To effectuate the intent of this subsection,
8 counties and municipalities shall enter into interlocal
9 agreements that determine how the grant funds shall be used.
10 These agreements shall be part of the joint grant application.
11 (4)(a) Solid waste recycling grants shall provide
12 funding for capital costs and operating subsidies to assist
13 local governments in recycling paper, glass, plastic,
14 construction and demolition debris, white goods, and metals
15 and in composting organic materials.
16 (b) The department shall consider the following
17 factors in selecting recipients of recycling program grants:
18 1. The likelihood of project success.
19 2. The availability of an appropriate site.
20 3. A demonstration by the local government that the
21 materials to be collected or processed, or both, are not
22 presently being recovered to the extent necessary to meet the
23 goal established in s. 403.706(4) and would not be so
24 recovered otherwise but for the proposed recycling or
25 composting project.
26 3.4. The business and accounting plans for the
27 proposed project.
28 4.5. The need for a new or expanded recycling program
29 in the area to be served relative to the needs of other areas
30 in the state.
31
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1 5.6. The availability of capacity at existing
2 permitted solid waste management facilities and recovered
3 materials processing facilities that serve the area to be
4 served by the proposed recycling program.
5 6.7. The demonstrated municipal, community, private
6 recycling industry, or volunteer interest in undertaking the
7 recycling project.
8 (c) The department shall determine grant eligibility
9 after receiving an application for a recycling grant from a
10 local government.
11 (d) The department may not approve a grant unless the
12 appropriate county or municipality provides sufficient data
13 justifying the proposed program.
14 (e) The department may reduce grants, eliminate
15 grants, or place conditions upon grants to a local government
16 if insufficient progress is being made by the local government
17 in meeting the goal set forth in s. 403.705(1)(a) s.
18 403.706(4), in procuring products made with recycled content
19 as required by s. 403.7065, in complying with s. 403.7049 and
20 applicable department rules regarding full cost accounting, or
21 in meeting any other state requirements for solid waste
22 management.
23 (5)(a) Solid waste education grants shall provide
24 funds to local governments to promote recycling, volume
25 reduction, the proper disposal of solid wastes, and market
26 development for recyclable materials.
27 (b) The department shall consider the following
28 factors in selecting recipients of solid waste education
29 grants:
30 1. Whether the education program has measurable
31 objectives.
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1 2. The type and extent of followup or evaluation.
2 3. The level of commitment by local officials.
3 4. The extent to which the local government commits
4 its own financial resources to the education project.
5 5. The extent to which selection of the project
6 contributes to the achievement of a balanced distribution of
7 grants throughout the state.
8 (c) The department may not approve a grant unless a
9 local recycling project is planned or under way and the
10 proposed education project directly promotes the use of that
11 project.
12 (6) Each eligible county or municipality, or
13 combination thereof acting under an interlocal agreement,
14 which requests grants pursuant to this section shall include
15 the following items as part of the grant application:
16 (a) A description of the type and the weight of solid
17 waste generated within the county's or municipality's
18 boundaries and the general type and the weight of solid waste
19 that will be generated within the county's or municipality's
20 boundaries in the 20-year period beginning on October 1, 1988.
21 (b) An identification and description of the
22 facilities where solid waste is being disposed of or
23 processed, the remaining available permitted capacity of such
24 facilities, any anticipated increases in the capacity of such
25 facilities.
26 (c) An analysis of the effect of current and planned
27 recycling on solid waste disposed.
28 (d) A description and evaluation of solid waste that
29 could be recycled, including, but not limited to:
30 1. The type and weight of solid waste that could be
31 recycled, giving consideration at a minimum to the following
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1 materials: glass, aluminum, steel and bimetallic materials,
2 office paper, yard trash, newsprint, corrugated paper, and
3 plastics.
4 2. The compatibility of recycling with other solid
5 waste processing or disposal methods, describing anticipated
6 and available markets for materials collected through
7 recycling programs, which markets ensure that those materials
8 are returned to use in the form of raw materials or products.
9 3. Estimated costs of and revenue from operating and
10 maintaining a recycling program.
11 4. An explanation of how anticipated solid waste
12 reduction or recycling will affect the type and size of any
13 proposed solid waste management facility.
14 (e) An explanation of how the recycling program
15 relates to the future land use elements; sanitary sewer, solid
16 waste, drainage, potable water, and natural groundwater
17 aquifer recharge elements; intergovernmental coordination
18 elements; and capital improvements elements of the local
19 government comprehensive plans prepared pursuant to part II of
20 chapter 163 by the county or the municipality.
21 (f) A description of how the county's or
22 municipality's existing recycling programs will be continued.
23 The continued programs shall be based on the recycling program
24 initiated under s. 403.706(2) and, in addition to yard trash,
25 shall involve the recycling of at least the materials required
26 to be separated pursuant to s. 403.706(2). Such description
27 must demonstrate that the allocation of grant money will be
28 used to provide for recycling the required materials for both
29 single-family units and multifamily dwellings.
30 (g) The recycling or waste reduction program shall
31 contain at a minimum:
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1 1. An explanation of the manner in which the recycling
2 or waste reduction program will be implemented.
3 2. A timetable for the continued development and
4 implementation of the recycling or waste reduction program.
5 3. Any contracts or agreements entered into or
6 summaries of contemplated agreements or contracts to develop
7 and implement the recycling or waste reduction program.
8 4. The estimated costs of the recycling or waste
9 reduction program, including a description of the estimated
10 avoided or added costs of solid waste disposal or processing
11 resulting from the implementation of the recycling program.
12
13 The recycling or waste reduction program shall serve as the
14 primary means of meeting the diversion goal goals established
15 for municipal solid waste reduction in s. 403.705(1)(a) s.
16 403.706(4).
17 (h) A description of a public education program for
18 the recycling or waste reduction program.
19 (i) A description for a program for the management of
20 special wastes. The county or municipality shall work with the
21 construction industry to plan for and identify suitable
22 construction and demolition debris disposal sites.
23 (j) A description of how the private recycling
24 infrastructure has been used in carrying out the recycling
25 program. If the department finds that the local government
26 recycling program has failed to consider the use of recycling
27 efforts of the private sector, the department may restrict the
28 grants to that local government.
29 (7)
30 (a) Annual solid waste and recycling grants shall be
31 available to counties with populations of fewer than 100,000.
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1 The sum of $50,000 shall be available annually to each
2 eligible county from the Solid Waste Management Trust Fund
3 through June 30, 1998. These grants shall be made by October
4 1 of each year to any county applying to the department prior
5 to August 1 of any given year.
6 (b) A county may use the grants authorized by this
7 subsection for purchasing or repairing solid waste weight
8 scales, annual solid waste management program operating costs,
9 planning, construction, and maintenance of solid waste
10 management facilities or recycling facilities, solid waste
11 management education for employees or the public, or recycling
12 demonstration projects. Counties which do not have operational
13 weight scales at solid waste disposal facilities operated by
14 or for the counties must purchase or require purchase of such
15 scales or repair or require repair of inoperable scales prior
16 to using the annual grant for any other authorized uses.
17 (8) For fiscal year 1997-1998 the department shall
18 provide counties with populations under 100,000 with at least
19 the same level of funding they received in fiscal year
20 1996-1997 for solid waste management and recycling grants.
21 (9) For fiscal year 1997-1998 the department shall
22 provide 10 percent of the total funds available after the
23 requirements of subsection (8) are met for recycling grants
24 available to all counties on a competitive basis for
25 innovative programs that meet one or more of the following
26 criteria:
27 (a) Demonstrate advanced technologies or processes.
28 (b) Collect and recycle nontraditional materials.
29 (c) Demonstrate substantial improvement in program
30 cost-effectiveness and efficiency as measured against
31 statewide average costs for the same or similar programs.
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1 (d) Demonstrate transferability of technology and
2 processes used in program.
3 (e) Demonstrate and implement multicounty or regional
4 recycling programs.
5 Section 4. The provisions of section 403.7095, Florida
6 Statutes, relating to recycling grants shall be reviewed by
7 the Legislature prior to October 1, 2002, and a determination
8 made regarding the need to continue state funding of these
9 activities.
10 Section 5. This act shall take effect July 1, 1998.
11
12 *****************************************
13 SENATE SUMMARY
14 Requires the state solid waste management program to have
a diversion goal by the year 2001. Requires that a
15 county's solid waste management and recycling program be
designed to meet the state goal. Provides criteria for a
16 local government's eligibility to receive recycling
incentive grants. Directs the Legislature to review the
17 recycling grant program by October 1, 2002.
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