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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1515

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Environmental Protection offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 2, line 1 through page 3 line 8

16  remove from the bill:  all of said lines

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18  and insert in lieu thereof:

19         (g)  The Legislature finds that the restoration of the

20  Everglades Protection Area, including the construction,

21  operation, and maintenance of stormwater treatment areas

22  (STAs) is in the public interest. Accordingly, whenever a

23  facility to be constructed, operated, or maintained in

24  accordance with s. 373.4592 is subjected to permitting

25  requirements pursuant to chapter 373 or chapter 403, and the

26  issuance of the initial permit for a new source, a new

27  discharger, or a recommencing discharger is subjected to a

28  request for hearing pursuant to s. 120.569, the administrative

29  law judge may, upon motion by the permittee, issue a

30  recommended order to the secretary who, within 5 days, shall

31  issue an order  authorizing the interim construction,

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    File original & 9 copies    03/08/99
    hep0001                     04:56 pm         01515-ep  -564877




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1515

    Amendment No. 1 (for drafter's use only)





 1  operation, and maintenance of the facility if it complies with

 2  all uncontested conditions of the proposed permit and all

 3  other conditions recommended by the administrative law judge

 4  during the period until the final agency action on the permit.

 5         1.  An order authorizing such interim construction,

 6  operation, and maintenance shall be granted if requested by

 7  motion and no party opposes it.

 8         2.  If a party to the administrative hearing pursuant

 9  to ss. 120.569 and 120.57 opposes the motion, the

10  administrative law judge shall issue a recommended order

11  granting the motion if the administrative law judge finds

12  that:

13         a.  The facility is likely to receive the permit; and

14         b.  The environment will not be irreparably harmed by

15  the construction, operation, or maintenance of the facility

16  pending final agency action on the permit.

17         3.  Prior to granting a contested motion for interim

18  construction, operation, or maintenance of a facility

19  authorized by s. 373.4592, the administrative law judge shall

20  conduct a hearing using the summary hearing process defined in

21  s. 120.574, which shall be mandatory for motions made pursuant

22  to this paragraph.  Notwithstanding the provisions of s.

23  120.574(1), summary hearing proceedings for these facilities

24  shall begin within 30 days of the motion made by the

25  permittee. Within 15 days of the conclusion of the summary

26  proceeding, the administrative law judge shall issue a

27  recommended order either denying or approving interim

28  construction, operation, or maintenance of the facility, which

29  shall be submitted to the secretary who shall within 5 days

30  thereafer, enter an order granting or denying interim

31  construction operation or maintenance of the facility. The

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    File original & 9 copies    03/08/99
    hep0001                     04:56 pm         01515-ep  -564877




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1515

    Amendment No. 1 (for drafter's use only)





 1  order shall remain in effect until final agency action is

 2  taken on the permit.

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 4

 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 1, line 9

 8  remove from the title of the bill:  all of said line

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10  and insert in lieu thereof:

11         facilities under certain

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    File original & 9 copies    03/08/99
    hep0001                     04:56 pm         01515-ep  -564877