House Bill 4029

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    Florida House of Representatives - 2000                HB 4029

        By the Committee on Rules & Calendar and Representative
    Constantine





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; amending s.

  7         161.163, F.S.; deleting an obsolete deadline

  8         for designation of coastal areas to be used by

  9         sea turtles for nesting; amending s. 161.56,

10         F.S.; deleting an obsolete deadline for

11         submission to the Administration Commission of

12         lists of local governments having coastal zones

13         which have not provided evidence of adoption of

14         the required building code; repealing s.

15         253.033(3)(b), F.S., relating to conveyance of

16         portions of the Graves tract to the City of

17         North Miami; repealing s. 259.032(15), F.S.,

18         relating to use of funds of the Conservation

19         and Recreation Lands Trust Fund to provide

20         grants to local governments for public outdoor

21         recreation purposes; repealing ss. 369.311 and

22         369.313, F.S., relating to state policy and a

23         pilot project on protection of the Wekiva River

24         System; repealing s. 376.11(7), F.S., relating

25         to use of funds of the Florida Coastal

26         Protection Trust Fund to fund statewide beach

27         renourishment, restoration, and inlet

28         management plans; repealing s. 376.185, F.S.,

29         relating to budget approval for funding

30         enforcement of the Pollutant Discharge

31         Prevention and Control Act; amending s. 376.11,

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  1         F.S.; removing a cross reference, to conform;

  2         repealing s. 376.30713(5), F.S., relating to a

  3         report on the preapproved advanced cleanup

  4         program; repealing s. 377.02, F.S., relating to

  5         the form of the interstate compact to conserve

  6         oil and gas; repealing s. 403.085(2) and (4),

  7         F.S., relating to deadlines for certain

  8         sanitary sewage disposal units to provide for

  9         secondary or other ordered waste treatment;

10         amending s. 403.086, F.S.; deleting a provision

11         setting a deadline for certain sanitary sewage

12         disposal facilities to provide for secondary

13         and any ordered advanced waste treatment;

14         amending ss. 403.067 and 403.0882, F.S., and s.

15         1, ch. 99-166, Laws of Florida; revising cross

16         references, to conform; amending s. 403.0872,

17         F.S.; deleting provisions relating to temporary

18         exemption of certain air pollution sources from

19         annual operation license fees and a deadline

20         for audit of the major stationary source

21         air-operation permit program; repealing s.

22         403.08851, F.S., relating to implementation of

23         the state National Pollutant Discharge

24         Elimination System (NPDES) Program; repealing

25         s. 403.1826(6)(b), F.S., relating to a

26         temporary waiver from accumulation requirements

27         of the Florida Water Pollution Control and

28         Sewage Treatment Plant Grant Act; repealing s.

29         403.221, F.S., relating to proceedings pending

30         at the time of adoption of the Florida Air and

31         Water Pollution Control Act; amending s.

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  1         403.7046, F.S.; deleting an obsolete date

  2         relating to regulation of recovered materials;

  3         amending s. 403.703, F.S.; correcting a cross

  4         reference; amending s. 403.7049, F.S.; deleting

  5         obsolete dates relating to local government

  6         determination and notification of the full cost

  7         for solid waste management; amending s.

  8         403.706, F.S.; deleting an obsolete date

  9         relating to the requirement to weigh solid

10         waste received by a solid waste management

11         facility; amending s. 403.707, F.S.; deleting

12         an obsolete date relating to solid waste

13         management facility permits; amending s.

14         403.708, F.S.; deleting obsolete dates relating

15         to beverage container and packaging

16         requirements; repealing s. 403.7095(8) and (9),

17         F.S., relating to funding of the solid waste

18         management grant program for fiscal year

19         1999-2000; amending s. 403.716, F.S.; deleting

20         obsolete dates relating to training of

21         operators of landfills, waste-to-energy

22         facilities, biomedical waste incinerators, or

23         mobile soil thermal treatment units or

24         facilities; amending s. 403.718, F.S.; deleting

25         obsolete dates relating to imposition of waste

26         tire fees; amending s. 403.7186, F.S.; deleting

27         obsolete dates relating to environmentally

28         sound management of mercury-containing devices

29         and lamps; amending s. 403.7191, F.S.; deleting

30         obsolete dates relating to reduction of toxics

31         in packaging; amending s. 403.7192, F.S.;

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  1         deleting obsolete provisions relating to

  2         requirements for manufacturers, sellers, and

  3         consumers with respect to batteries; repealing

  4         s. 403.7199, F.S., relating to the Florida

  5         Packaging Council; repealing s. 403.724(5),

  6         F.S., relating to an obsolete deadline for

  7         hazardous waste facilities to comply with

  8         financial responsibility requirements; amending

  9         s. 403.7265, F.S.; deleting an obsolete

10         deadline for development of the local hazardous

11         waste collection program; amending s. 403.767,

12         F.S.; deleting an obsolete date relating to

13         certification of used oil transporters;

14         amending s. 403.769, F.S.; deleting an obsolete

15         date relating to development of the permitting

16         system for used oil processing facilities;

17         repealing ch. 533, F.S., relating to mining

18         wastes; providing an effective date.

19

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

21

22         Section 1.  Section 161.163, Florida Statutes, is

23  amended to read:

24         161.163  Coastal areas used by sea turtles;

25  rules.--Within 2 years of July 1, 1986, The department shall

26  adopt by rule a designation of coastal areas which are

27  utilized, or are likely to be utilized, by sea turtles for

28  nesting.  The department shall also adopt by rule guidelines

29  for local government regulations that control beachfront

30  lighting to protect hatching sea turtles.

31

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  1         Section 2.  Subsection (2) of section 161.56, Florida

  2  Statutes, is amended to read:

  3         161.56  Establishment of local enforcement.--

  4         (2)  Each local government shall provide evidence to

  5  the state land planning agency that it has adopted a building

  6  code pursuant to this section.  Within 90 days after January

  7  1, 1987, The state land planning agency shall submit to the

  8  Administration Commission a list of those local governments

  9  which have not submitted such evidence of adoption.  The sole

10  issue before the Administration Commission shall be whether or

11  not to impose sanctions pursuant to s. 163.3184(11)(8).

12         Section 3.  Paragraph (b) of subsection (3) of section

13  253.033, Florida Statutes, is repealed.

14         Section 4.  Subsection (15) of section 259.032, Florida

15  Statutes, is repealed.

16         Section 5.  Sections 369.311 and 369.313, Florida

17  Statutes, are repealed.

18         Section 6.  Subsection (7) of section 376.11, Florida

19  Statutes, is repealed.

20         Section 7.  Section 376.185, Florida Statutes, is

21  repealed.

22         Section 8.  Paragraph (a) of subsection (4) of section

23  376.11, Florida Statutes, is amended to read:

24         376.11  Florida Coastal Protection Trust Fund.--

25         (4)  Moneys in the Florida Coastal Protection Trust

26  Fund shall be disbursed for the following purposes and no

27  others:

28         (a)  Administrative expenses, personnel expenses, and

29  equipment costs of the department and the Fish and Wildlife

30  Conservation Commission related to the enforcement of ss.

31  376.011-376.21 subject to s. 376.185.

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  1         Section 9.  Subsection (5) of section 376.30713,

  2  Florida Statutes, is repealed.

  3         Section 10.  Section 377.02, Florida Statutes, is

  4  repealed.

  5         Section 11.  Subsections (2) and (4) of section

  6  403.085, Florida Statutes, are repealed.

  7         Section 12.  Section 403.086, Florida Statutes, is

  8  amended to read:

  9         403.086  Sewage disposal facilities; advanced and

10  secondary waste treatment.--

11         (1)(a)  Neither the Department of Health nor any other

12  state agency, county, special district, or municipality shall

13  approve construction of any facilities for sanitary sewage

14  disposal which do not provide for secondary waste treatment

15  and, in addition thereto, advanced waste treatment as deemed

16  necessary and ordered by the department.

17         (b)  No facilities for sanitary sewage disposal

18  constructed after June 14, 1978, shall dispose of any wastes

19  by deep well injection without providing for secondary waste

20  treatment and, in addition thereto, advanced waste treatment

21  deemed necessary by the department to protect adequately the

22  beneficial use of the receiving waters.

23         (c)  Notwithstanding any other provisions of this

24  chapter or chapter 373, facilities for sanitary sewage

25  disposal may not dispose of any wastes into Old Tampa Bay,

26  Tampa Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound,

27  Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts

28  Bay, Lemon Bay, or Charlotte Harbor Bay, or into any river,

29  stream, channel, canal, bay, bayou, sound, or other water

30  tributary thereto, without providing advanced waste treatment,

31  as defined in subsection (4), approved by the department. This

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  1  paragraph shall not apply to facilities which were permitted

  2  by February 1, 1987, and which discharge secondary treated

  3  effluent, followed by water hyacinth treatment, to tributaries

  4  of tributaries of the named waters; or to facilities permitted

  5  to discharge to the nontidally influenced portions of the

  6  Peace River.

  7         (2)  Any facilities for sanitary sewage disposal

  8  existing on July 1, 1971, shall provide for secondary waste

  9  treatment by January 1, 1973, and, in addition thereto,

10  advanced waste treatment as deemed necessary and ordered by

11  the former Department of Pollution Control, its successor, the

12  former Department of Environmental Regulation, or its

13  successor, the Department of Environmental Protection. Failure

14  to conform by said date shall be punishable by a civil penalty

15  of $500 for each 24-hour day or fraction thereof that such

16  failure is allowed to continue thereafter.

17         (2)(3)  This section shall not be construed to prohibit

18  or regulate septic tanks or other means of individual waste

19  disposal which are otherwise subject to state regulation.

20         (3)(4)  For purposes of this section, the term

21  "advanced waste treatment" means that treatment which will

22  provide a reclaimed water product that:

23         (a)  Contains not more, on a permitted annual average

24  basis, than the following concentrations:

25         1.  Biochemical Oxygen Demand (CBOD5).............5mg/l

26         2.  Suspended Solids..............................5mg/l

27         3.  Total Nitrogen, expressed as N................3mg/l

28         4.  Total Phosphorus, expressed as P..............1mg/l

29         (b)  Has received high level disinfection, as defined

30  by rule of the department.

31

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  1  In those waters where the concentrations of phosphorus have

  2  been shown not to be a limiting nutrient or a contaminant, the

  3  department may waive or alter the compliance levels for

  4  phosphorus until there is a demonstration that phosphorus is a

  5  limiting nutrient or a contaminant.

  6         (4)(5)(a)  Notwithstanding any other provisions of this

  7  chapter or chapter 373, when a reclaimed water product has

  8  been established to be in compliance with the standards set

  9  forth in subsection (3) (4), that water shall be presumed to

10  be allowable, and its discharge shall be permitted in the

11  waters described in paragraph (1)(c) at a reasonably

12  accessible point where such discharge results in minimal

13  negative impact.  This presumption may be overcome only by a

14  demonstration that one or more of the following would occur:

15         1.  That the discharge of reclaimed water that meets

16  the standards set forth in subsection (3) (4) will be, by

17  itself, a cause of considerable degradation to an Outstanding

18  Florida Water or to other waters and is not clearly in the

19  public interest.

20         2.  That the reclaimed water discharge will have a

21  substantial negative impact on an approved shellfish

22  harvesting area or a water used as a public domestic water

23  supply.

24         3.  That the increased volume of fresh water

25  contributed by the reclaimed water product will seriously

26  alter the natural fresh-salt water balance of the receiving

27  water after reasonable opportunity for mixing.

28         (b)  If one or more of the conditions described in

29  subparagraphs (a)1.-3. have been demonstrated, remedies may

30  include, but are not limited to, the following:

31         1.  Require more stringent effluent limitations;

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  1         2.  Order the point or method of discharge changed;

  2         3.  Limit the duration or volume of the discharge; or

  3         4.  Prohibit the discharge only if no other alternative

  4  is in the public interest.

  5         (5)(6)  As of July 10, 1987, any facility covered in

  6  paragraph (1)(c) shall be permitted to discharge if it meets

  7  the standards set forth in subsections (3) (4) and (4) (5).

  8  Facilities that do not meet the standards in subsections (3)

  9  (4) and (4) (5) as of July 10, 1987, may be permitted to

10  discharge under existing law until October 1, 1990. On and

11  after October 1, 1990, all of the facilities covered in

12  paragraph (1)(c) shall be required to meet the standards set

13  forth in subsections (3) (4) and (4) (5).

14         (6)(7)(a)  The department shall allow backup discharges

15  pursuant to permit only. The backup discharge shall be limited

16  to 30 percent of the permitted reuse capacity on an annual

17  basis. For purposes of this subsection, a "backup discharge"

18  is a surface water discharge that occurs as part of a

19  functioning reuse system which has been permitted under

20  department rules and which provides reclaimed water for

21  irrigation of public access areas, residential properties, or

22  edible food crops, or for industrial cooling or other

23  acceptable reuse purposes. Backup discharges may occur during

24  periods of reduced demand for reclaimed water in the reuse

25  system.

26         (b)  Notwithstanding any other provisions of this

27  chapter or chapter 373, backup discharges of reclaimed water

28  meeting the standards as set forth in subsection (3) (4) shall

29  be presumed to be allowable and shall be permitted in all

30  waters in the state at a reasonably accessible point where

31  such discharge results in minimal negative impact. Wet weather

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  1  discharges as provided in s. 2(3)(c), chapter 90-262, Laws of

  2  Florida, shall include backup discharges as provided in this

  3  section. The presumption of the allowability of a backup

  4  discharge may be overcome only by a demonstration that one or

  5  more of the following conditions is present:

  6         1.  The discharge will be to an Outstanding Florida

  7  Water, except as provided in chapter 90-262, Laws of Florida;

  8         2.  The discharge will be to Class I or Class II

  9  waters;

10         3.  The increased volume of fresh water contributed by

11  a backup discharge will seriously alter the natural freshwater

12  to saltwater balance of receiving waters after reasonable

13  opportunity for mixing;

14         4.  The discharge will be to a water body having a

15  pollutant load reduction goal established by a water

16  management district or the department, and the discharge will

17  cause or contribute to a violation of the established goal;

18         5.  The discharge fails to meet the requirements of the

19  antidegradation policy contained in department rules; or

20         6.  The discharge will be to waters that the department

21  determines require more stringent nutrient limits than those

22  set forth in subsection (3) (4).

23         (c)  Any backup discharge shall be subject to the

24  provisions of the antidegradation policy contained in

25  department rules.

26         (d)  If one or more of the conditions described in

27  paragraph (b) have been demonstrated, a backup discharge may

28  still be allowed in conjunction with one or more of the

29  remedies provided in paragraph (4)(5)(b) or other suitable

30  measures.

31

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  1         (e)  The department shall allow lower levels of

  2  treatment of reclaimed water if the applicant affirmatively

  3  demonstrates that water quality standards will be met during

  4  periods of backup discharge and if all other requirements of

  5  this subsection are met.

  6         (7)(8)  The department may require backflow prevention

  7  devices on potable water lines within reclaimed water service

  8  areas to protect public health and safety. The department

  9  shall establish rules that determine when backflow prevention

10  devices on potable water lines are necessary and when such

11  devices are not necessary.

12         Section 13.  Paragraph (b) of subsection (7) of section

13  403.067, Florida Statutes, is amended to read:

14         403.067  Establishment and implementation of total

15  maximum daily loads.--

16         (7)  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

17         (b)  In developing and implementing the total maximum

18  daily load allocation, the department may develop a basin

19  plan. The basin plan will serve to fully integrate all the

20  management strategies available to the state for the purpose

21  of achieving water quality restoration. The basin planning

22  process is intended to involve the broadest possible range of

23  interested parties, with the objective of encouraging the

24  greatest amount of cooperation and consensus possible. The

25  department shall hold at least one public meeting in the

26  vicinity of the basin to discuss and receive comments during

27  the basin planning process and shall otherwise encourage

28  public participation to the greatest practical extent. Notice

29  of the public meeting shall be published in a newspaper of

30  general circulation in each county in which the basin lies not

31  less than 5 days nor more than 15 days before the public

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  1  meeting. A basin plan shall not supplant or otherwise alter

  2  any assessment made under s. 403.086(2)(3) and (3) (4), or any

  3  calculation or allocation made under s. 403.086(5)(6).

  4         Section 14.  Paragraph (a) of subsection (3) of section

  5  403.0882, Florida Statutes, is amended to read:

  6         403.0882  Discharge of demineralization concentrate.--

  7         (3)(a)  The discharge of demineralization concentrate

  8  from small water utility businesses meeting the standards set

  9  forth in this section and s. 403.086(3)(4) shall be presumed

10  to be allowable and permittable in all waters in the state at

11  a reasonably accessible point where such discharge results in

12  minimal negative impact as demonstrated by the permit

13  applicant. The presumption may be overcome only by a

14  demonstration that one or more of the following conditions is

15  present:

16         1.  The discharge will be made directly into an

17  Outstanding Florida Water, except as provided in chapter

18  90-262, Laws of Florida;

19         2.  The discharge will be made directly to Class I or

20  Class II waters;

21         3.  The discharge will be made to a water body having a

22  total maximum daily load established by the department and the

23  discharge will cause or contribute to a violation of the

24  established load;

25         4.  The discharge fails to meet the requirements of the

26  antidegradation policy contained in the department rules;

27         5.  The discharge will be made to a sole-source aquifer

28  as defined in department rules; or

29         6.  The discharge fails to meet applicable surface

30  water and groundwater quality standards.

31

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  1         Section 15.  Subsection (3) of section 1 of chapter

  2  99-166, Laws of Florida, is amended to read:

  3         Section 1.  Elimination of sewage treatment facility

  4  discharges into coastal waters within Pasco County.--

  5         (3)  The Department of Environmental Protection may

  6  grant an exception to subsections (1) or (2) only in the

  7  following circumstances:

  8         (a)  The applicant conclusively demonstrates that no

  9  other practical alternative exists, the discharge will receive

10  advanced waste treatment as defined in s. 403.086(3)(4),

11  Florida Statutes, or a higher level of treatment, and the

12  applicant conclusively demonstrates that the proposed

13  discharge will not result in a violation of water quality

14  standards; or

15         (b)  The applicant's discharge is a limited wet weather

16  surface water discharge serving as a backup to a reuse system

17  pursuant to s. 403.086(6)(7)(a), Florida Statutes, and will

18  not cause a violation of state water quality standards and is

19  subject to the requirements of department rules.

20         Section 16.  Paragraphs (a) and (c) of subsection (11)

21  of section 403.0872, Florida Statutes, are amended to read:

22         403.0872  Operation permits for major sources of air

23  pollution; annual operation license fee.--Provided that

24  program approval pursuant to 42 U.S.C. s. 7661a has been

25  received from the United States Environmental Protection

26  Agency, beginning January 2, 1995, each major source of air

27  pollution, including electrical power plants certified under

28  s. 403.511, must obtain from the department an operation

29  permit for a major source of air pollution under this section,

30  which is the only department operation permit for a major

31  source of air pollution required for such source. Operation

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  1  permits for major sources of air pollution, except general

  2  permits issued pursuant to s. 403.814, must be issued in

  3  accordance with the following procedures and in accordance

  4  with chapter 120; however, to the extent that chapter 120 is

  5  inconsistent with the provisions of this section, the

  6  procedures contained in this section prevail:

  7         (11)  Commencing in 1993, each major source of air

  8  pollution permitted to operate in this state must pay between

  9  January 15 and March 1 of each year, upon written notice from

10  the department, an annual operation license fee in an amount

11  determined by department rule. The annual operation license

12  fee shall be terminated immediately in the event the United

13  States Environmental Protection Agency imposes annual fees

14  solely to implement and administer the major source

15  air-operation permit program in Florida under 40 C.F.R. s.

16  70.10(d).

17         (a)  The annual fee must be assessed based upon the

18  source's previous year's emissions and must be calculated by

19  multiplying the applicable annual operation license fee factor

20  times the tons of each regulated air pollutant (except carbon

21  monoxide) allowed to be emitted per hour by specific condition

22  of the source's most recent construction or operation permit,

23  times the annual hours of operation allowed by permit

24  condition; provided, however, that:

25         1.  For 1993 and 1994, the license fee factor is $10.

26  For 1995, the license fee factor is $25. In succeeding years,

27  the license fee factor is $25 or another amount determined by

28  department rule which ensures that the revenue provided by

29  each year's operation license fees is sufficient to cover all

30  reasonable direct and indirect costs of the major stationary

31  source air-operation permit program established by this

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  1  section. The license fee factor may be increased beyond $25

  2  only if the secretary of the department affirmatively finds

  3  that a shortage of revenue for support of the major stationary

  4  source air-operation permit program will occur in the absence

  5  of a fee factor adjustment. The annual license fee factor may

  6  never exceed $35. The department shall retain a nationally

  7  recognized accounting firm to conduct a study to determine the

  8  reasonable revenue requirements necessary to support the

  9  development and administration of the major source

10  air-operation permit program as prescribed in paragraph (b).

11  The results of that determination must be considered in

12  assessing whether a $25-per-ton fee factor is sufficient to

13  adequately fund the major source air-operation permit program.

14  The results of the study must be presented to the Governor,

15  the President of the Senate, the Speaker of the House of

16  Representatives, and the Public Service Commission, including

17  the Public Counsel's Office, by no later than October 31,

18  1994.

19         2.  For any source that operates for fewer hours during

20  the calendar year than allowed under its permit, the annual

21  fee calculation must be based upon actual hours of operation

22  rather than allowable hours if the owner or operator of the

23  source documents the source's actual hours of operation for

24  the calendar year. For any source that has an emissions limit

25  that is dependent upon the type of fuel burned, the annual fee

26  calculation must be based on the emissions limit applicable

27  during actual hours of operation.

28         3.  For any source whose allowable emission limitation

29  is specified by permit per units of material input or heat

30  input or product output, the applicable input or production

31  amount may be used to calculate the allowable emissions if the

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  1  owner or operator of the source documents the actual input or

  2  production amount. If the input or production amount is not

  3  documented, the maximum allowable input or production amount

  4  specified in the permit must be used to calculate the

  5  allowable emissions.

  6         4.  For any new source that does not receive its first

  7  operation permit until after the beginning of a calendar year,

  8  the annual fee for the year must be reduced pro rata to

  9  reflect the period during which the source was not allowed to

10  operate.

11         5.  For any source that emits less of any regulated air

12  pollutant than allowed by permit condition, the annual fee

13  calculation for such pollutant must be based upon actual

14  emissions rather than allowable emissions if the owner or

15  operator documents the source's actual emissions by means of

16  data from a department-approved certified continuous emissions

17  monitor or from an emissions monitoring method which has been

18  approved by the United States Environmental Protection Agency

19  under the regulations implementing 42 U.S.C. ss. 7651 et seq.,

20  or from a method approved by the department for purposes of

21  this section.

22         6.  The amount of each regulated air pollutant in

23  excess of 4,000 tons per year allowed to be emitted by any

24  source, or group of sources belonging to the same Major Group

25  as described in the Standard Industrial Classification Manual,

26  1987, may not be included in the calculation of the fee. Any

27  source, or group of sources, which does not emit any regulated

28  air pollutant in excess of 4,000 tons per year, is allowed a

29  one-time credit not to exceed 25 percent of the first annual

30  licensing fee for the prorated portion of existing

31

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  1  air-operation permit application fees remaining upon

  2  commencement of the annual licensing fees.

  3         7.  If the department has not received the fee by

  4  February 15 of the calendar year, the permittee must be sent a

  5  written warning of the consequences for failing to pay the fee

  6  by March 1. If the fee is not postmarked by March 1 of the

  7  calendar year, commencing with calendar year 1997, the

  8  department shall impose, in addition to the fee, a penalty of

  9  50 percent of the amount of the fee, plus interest on such

10  amount computed in accordance with s. 220.807. The department

11  may not impose such penalty or interest on any amount

12  underpaid, provided that the permittee has timely remitted

13  payment of at least 90 percent of the amount determined to be

14  due and remits full payment within 60 days after receipt of

15  notice of the amount underpaid.  The department may waive the

16  collection of underpayment and shall not be required to refund

17  overpayment of the fee, if the amount due is less than 1

18  percent of the fee, up to $50. The department may revoke any

19  major air pollution source operation permit if it finds that

20  the permitholder has failed to timely pay any required annual

21  operation license fee, penalty, or interest.

22         8.  During the years 1993 through 1999, inclusive, no

23  fee shall be required to be paid under this section with

24  respect to emissions from any unit which is an affected unit

25  under 42 U.S.C. s. 7651c.

26         8.9.  Notwithstanding the computational provisions of

27  this subsection, the annual operation license fee for any

28  source subject to this section shall not be less than $250,

29  except that the annual operation license fee for sources

30  permitted solely through general permits issued under s.

31  403.814 shall not exceed $50 per year.

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  1         9.10.  Notwithstanding the provisions of s.

  2  403.087(6)(a)4.a., authorizing air pollution construction

  3  permit fees, the department may not require such fees for

  4  changes or additions to a major source of air pollution

  5  permitted pursuant to this section, unless the activity

  6  triggers permitting requirements under Title I, Part C or Part

  7  D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.

  8  Costs to issue and administer such permits shall be considered

  9  direct and indirect costs of the major stationary source

10  air-operation permit program under s. 403.0873. The department

11  shall, however, require fees pursuant to the provisions of s.

12  403.087(6)(a)4.a. for the construction of a new major source

13  of air pollution that will be subject to the permitting

14  requirements of this section once constructed and for

15  activities triggering permitting requirements under Title I,

16  Part C or Part D, of the federal Clean Air Act, 42 U.S.C. ss.

17  7470-7514a.

18         (c)  An audit of the major stationary source

19  air-operation permit program must be conducted 2 years after

20  the United States Environmental Protection Agency has given

21  full approval of the program, or by the end of 1996, whichever

22  comes later, to ascertain whether the annual operation license

23  fees collected by the department are used solely to support

24  any reasonable direct and indirect costs as listed in

25  paragraph (b). A program audit must be performed biennially

26  after the first audit.

27         Section 17.  Section 403.08851, Florida Statutes, is

28  repealed.

29         Section 18.  Paragraph (b) of subsection (6) of section

30  403.1826, Florida Statutes, is repealed.

31

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  1         Section 19.  Section 403.221, Florida Statutes, is

  2  repealed.

  3         Section 20.  Subsection (1) of section 403.7046,

  4  Florida Statutes, is amended to read:

  5         403.7046  Regulation of recovered materials.--

  6         (1)  After January 1, 1994, Any person who handles,

  7  purchases, receives, recovers, sells, or is an end user of

  8  recovered materials shall annually certify to the department

  9  on forms provided by the department.  The department may by

10  rule exempt from this requirement generators of recovered

11  materials, persons who handle or sell recovered materials as

12  an activity which is incidental to the normal primary business

13  activities of that person, or persons who handle, purchase,

14  receive, recover, sell, or are end users of recovered

15  materials in small quantities as defined by the department.

16  The department shall adopt rules for the certification of and

17  reporting by such persons and shall establish criteria for

18  revocation of such certification. Prior to the adoption of

19  such rules, the department shall appoint a technical advisory

20  committee of no more than nine persons, including, at a

21  minimum, representatives of the Florida Association of

22  Counties, the Florida League of Cities, the Florida Recyclers

23  Association, and the Florida Chapter of the National Solid

24  Waste Management Association, to aid in the development of

25  such rules. Such rules shall be designed to elicit, at a

26  minimum, the amount and types of recovered materials handled

27  by registrants, and the amount and disposal site, or name of

28  person with whom such disposal was arranged, of any solid

29  waste generated by such facility.  Such rules may provide for

30  the department to conduct periodic inspections.  The

31  department may charge a fee of up to $50 for each

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  1  registration, which shall be deposited into the Solid Waste

  2  Management Trust Fund for implementation of the program.

  3         Section 21.  Subsection (10) of section 403.703,

  4  Florida Statutes, is amended to read:

  5         403.703  Definitions.--As used in this act, unless the

  6  context clearly indicates otherwise, the term:

  7         (10)  "Solid waste management facility" means any solid

  8  waste disposal area, volume reduction plant, transfer station,

  9  materials recovery facility, or other facility, the purpose of

10  which is resource recovery or the disposal, recycling,

11  processing, or storage of solid waste.  The term does not

12  include recovered materials processing facilities which meet

13  the requirements of s. 403.7046(4), except the portion of such

14  facilities, if any, that is used for the management of solid

15  waste.

16         Section 22.  Subsection (1) and paragraph (a) of

17  subsection (2) of section 403.7049, Florida Statutes, are

18  amended to read:

19         403.7049  Determination of full cost for solid waste

20  management; local solid waste management fees.--

21         (1)  Within 1 year of October 1, 1988, or within 1 year

22  after rules are established by the department, whichever

23  occurs later, Each county and each municipality shall

24  determine each year the full cost for solid waste management

25  within the service area of the county or municipality for the

26  1-year period beginning on October 1, 1988, and shall update

27  the full cost every year thereafter.  The department shall

28  establish by rule the method for local governments to use in

29  calculating full cost. Rulemaking shall be initiated and at

30  least one public hearing shall be held by March 1, 1989.  In

31  developing the rule, the department shall examine the

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  1  feasibility of the use of an enterprise fund process by local

  2  governments in operating their solid waste management systems.

  3         (2)(a)  Within 1 year from October 1, 1988, Each

  4  municipality shall establish a system to inform, no less than

  5  once a year, residential and nonresidential users of solid

  6  waste management services within the municipality's service

  7  area of the user's share, on an average or individual basis,

  8  of the full cost for solid waste management as determined

  9  pursuant to subsection (1). Counties shall provide the

10  information required of municipalities only to residential and

11  nonresidential users of solid waste management services within

12  the county's service area that are not served by a

13  municipality. Municipalities shall include costs charged to

14  them or persons contracting with them for disposal of solid

15  waste in the full cost information provided to residential and

16  nonresidential users of solid waste management services.

17         Section 23.  Subsection (18) of section 403.706,

18  Florida Statutes, is amended to read:

19         403.706  Local government solid waste

20  responsibilities.--

21         (18)  On and after July 1, 1989, Each operator of a

22  solid waste management facility owned or operated by or on

23  behalf of a county or municipality, except existing facilities

24  which will not be in use 1 year after October 1, 1988, shall

25  weigh all solid waste when it is received.  The scale used to

26  measure the solid waste shall conform to the requirements of

27  chapter 531 and any rules promulgated thereunder.

28         Section 24.  Subsection (1) of section 403.707, Florida

29  Statutes, is amended to read:

30         403.707  Permits.--

31

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  1         (1)  No solid waste management facility may be

  2  operated, maintained, constructed, expanded, modified, or

  3  closed without an appropriate and currently valid permit

  4  issued by the department.  Effective October 1, 1989, Solid

  5  waste construction permits issued under this section may

  6  include any permit conditions necessary to achieve compliance

  7  with the recycling requirements of this act. The department

  8  shall pursue reasonable timeframes for closure and

  9  construction requirements, considering pending federal

10  requirements and implementation costs to the permittee.  The

11  department shall adopt a rule establishing performance

12  standards for construction and closure of solid waste

13  management facilities. The standards shall allow flexibility

14  in design and consideration for site-specific characteristics.

15         Section 25.  Subsections (2) and (9) of section

16  403.708, Florida Statutes, are amended to read:

17         403.708  Prohibition; penalty.--

18         (2)  After January 1, 1989, No beverage shall be sold

19  or offered for sale within the state in a beverage container

20  designed and constructed so that the container is opened by

21  detaching a metal ring or tab.

22         (9)  No person shall, on or after October 1, 1990,

23  distribute, sell, or expose for sale in this state any product

24  packaged in a container or packing material manufactured with

25  fully halogenated chlorofluorocarbons (CFC). Producers of

26  containers or packing material manufactured with

27  chlorofluorocarbons (CFC) are urged to introduce alternative

28  packaging materials which are environmentally compatible.

29         Section 26.  Subsections (8) and (9) of section

30  403.7095, Florida Statutes, are repealed.

31

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  1         Section 27.  Subsection (3) of section 403.716, Florida

  2  Statutes, is amended to read:

  3         403.716  Training of operators of solid waste

  4  management and other facilities.--

  5         (3)  A person may not perform the duties of an operator

  6  of a landfill after July 1, 1991, or perform the duties of an

  7  operator of a waste-to-energy facility, biomedical waste

  8  incinerator, or mobile soil thermal treatment unit or facility

  9  after July 1, 1994, unless she or he has completed an operator

10  training course approved by the department or she or he has

11  qualified as an interim operator in compliance with

12  requirements established by the department by rule.  An owner

13  of a landfill, waste-to-energy facility, biomedical waste

14  incinerator, or mobile soil thermal treatment unit or facility

15  may not employ any person to perform the duties of an operator

16  unless such person has completed an approved landfill,

17  waste-to-energy facility, biomedical waste incinerator, or

18  mobile soil thermal treatment unit or facility operator

19  training course, as appropriate, or has qualified as an

20  interim operator in compliance with requirements established

21  by the department by rule.  The department may establish by

22  rule operator training requirements for other solid waste

23  management facilities and facility operators.

24         Section 28.  Subsection (1) of section 403.718, Florida

25  Statutes, is amended to read:

26         403.718  Waste tire fees.--

27         (1)  For the privilege of engaging in business, a fee

28  of $1 for each new motor vehicle tire sold at retail is

29  imposed on any person engaging in the business of making

30  retail sales of new motor vehicle tires within this state. For

31  the period January 1, 1989, through December 31, 1989, such

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  1  fee shall be imposed at the rate of 50 cents for each new tire

  2  sold. The fee imposed under this section shall be stated

  3  separately on the invoice to the purchaser. Beginning January

  4  1, 1990, and thereafter, such fee shall be imposed at the rate

  5  of $1 for each new tire sold.  The fee imposed shall be paid

  6  to the Department of Revenue on or before the 20th day of the

  7  month following the month in which the sale occurs. For

  8  purposes of this section, a motor vehicle tire sold at retail

  9  includes such tires when sold as a component part of a motor

10  vehicle. The terms "sold at retail" and "retail sales" do not

11  include the sale of new motor vehicle tires to a person solely

12  for the purpose of resale provided the subsequent retail sale

13  in this state is subject to the fee.  This fee does not apply

14  to recapped tires.  Such fee shall be subject to all

15  applicable taxes imposed in chapter 212.

16         Section 29.  Subsections (2), (3), and (4) of section

17  403.7186, Florida Statutes, are amended to read:

18         403.7186  Environmentally sound management of

19  mercury-containing devices and lamps.--

20         (2)  PROHIBITION ON INCINERATION OR DISPOSAL OF

21  MERCURY-CONTAINING DEVICES.--Mercury-containing devices may

22  not be disposed of or incinerated in any manner prohibited by

23  this section or by the rules of the department promulgated

24  under this section.  After July 1, 1994, If the secretary of

25  the department determines that sufficient recycling capacity

26  exists to recycle mercury-containing devices generated in the

27  state, the secretary may, by rule, designate regions of the

28  state in which a person shall not place such a device that was

29  purchased for use or used by a government agency or an

30  industrial or commercial facility in a mixed solid waste

31  stream.  After January 1, 1996, A mercury-containing device

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  1  shall not knowingly be incinerated or disposed of in a

  2  landfill.

  3         (3)  PROHIBITION ON INCINERATION OF SPENT LAMPS.--After

  4  July 1, 1994, Spent mercury-containing lamps shall not

  5  knowingly be incinerated in any municipal or other

  6  incinerator.  This subsection shall not apply to incinerators

  7  that are permitted to operate under state or federal hazardous

  8  waste regulations.

  9         (4)  WASTE MANAGEMENT REQUIREMENT FOR SPENT LAMPS.--

10         (a)  Effective July 1, 1994, Any person owning or

11  operating an industrial, institutional, or commercial facility

12  in this state or providing outdoor lighting for public places

13  in this state, including streets and highways, that disposes

14  of more than 10 spent lamps per month shall arrange for

15  disposal of such lamps in permitted lined landfills or at

16  appropriately permitted reclamation facilities.

17         (b)  After July 1, 1994, The department may, by rule,

18  designate regions of the state wherein any person owning or

19  operating an industrial, institutional, or commercial facility

20  in such a designated region, or providing lighting for public

21  places in such designated region, including streets and

22  highways, that disposes of more than 10 spent lamps per month

23  shall arrange for disposal of such lamps at appropriately

24  permitted reclamation facilities; provided, however, that

25  before such rule is adopted, the secretary of the department

26  first determines that appropriately permitted reclamation

27  facilities are reasonably available and afford sufficient

28  recycling capacity.

29         Section 30.  Subsections (3) and (5) of section

30  403.7191, Florida Statutes, are amended to read:

31         403.7191  Toxics in packaging.--

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  1         (3)  PROHIBITIONS; SCHEDULE FOR REMOVAL OF INCIDENTAL

  2  AMOUNTS.--Except as provided in subsection (4), a manufacturer

  3  or distributor may not sell a package or packaging component,

  4  and a manufacturer or distributor of products shall not offer

  5  for sale or promotional purposes in this state, any package or

  6  any packaging component with a total concentration of lead,

  7  cadmium, mercury, and hexavalent chromium that exceeds after

  8  July 1, 1996, 100 parts per million by weight (.01 percent).

  9         (5)  CERTIFICATE OF COMPLIANCE.--As soon as feasible

10  but not later than July 1, 1994, Each manufacturer or

11  distributor of a package or packaging component shall provide,

12  if required, to the purchaser of such package or packaging

13  component, a certificate of compliance stating that the

14  package or packaging component is in compliance with the

15  provisions of this section.  If compliance is achieved under

16  any of the exemptions provided in paragraph (4)(b) or

17  paragraph (4)(c), the certificate shall state the specific

18  basis upon which the exemption is claimed.  The certificate of

19  compliance shall be signed by an authorized official of the

20  manufacturing or distributing company.  The manufacturer or

21  distributor shall retain the certificate of compliance for as

22  long as the package or packaging component is in use.  A copy

23  of the certificate of compliance shall be kept on file by the

24  manufacturer or distributor of the package or packaging

25  component for at least 3 years from the date of the last sale

26  or distribution by the manufacturer or distributor.

27  Certificates of compliance, or copies thereof, shall be

28  furnished within 60 days to the department upon the

29  department's request.  If the manufacturer or distributor of

30  the package or packaging component reformulates or creates a

31  new package or packaging component, including a reformulation

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  1  or creation to meet the maximum levels set forth in paragraph

  2  (3)(c), the manufacturer or distributor shall provide an

  3  amended or new certificate of compliance for the reformulated

  4  or new package or packaging component.

  5         Section 31.  Section 403.7192, Florida Statutes, is

  6  amended to read:

  7         403.7192  Batteries; requirements for consumer,

  8  manufacturers, and sellers; penalties.--

  9         (1)  As used in this section, the term:

10         (a)  "Cell" means a galvanic or voltaic device weighing

11  25 pounds or less consisting of an enclosed or sealed

12  container containing a positive and negative electrode in

13  which one or both electrodes consist primarily of cadmium or

14  lead and which container contains a gel or liquid starved

15  electrolyte.

16         (b)  "Cell manufacturer" means an entity which

17  manufactures cells in the United States; or imports into the

18  United States cells or units for which no unit management

19  program has been put into effect by the actual manufacturer of

20  the cell or unit.

21         (c)  "Marketer" means any person who manufactures,

22  sells, distributes, assembles, or affixes a brand name or

23  private label or licenses the use of a brand name on a unit or

24  rechargeable product.  Marketer does not include a person

25  engaged in the retail sale of a unit or rechargeable product.

26         (d)  "Rechargeable battery" means any small,

27  nonvehicular, rechargeable nickel-cadmium or sealed lead-acid

28  battery, or battery pack containing such a battery, weighing

29  less than 25 pounds and not used for memory backup.

30         (e)  "Unit" means a cell, a rechargeable battery, or a

31  rechargeable product with nonremovable rechargeable batteries.

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  1         (f)  "Unit management program" means a program or

  2  system for the collection, recycling, or disposal of units put

  3  in place by a marketer in accordance with this section.

  4         (2)(a)  After July 1, 1993, A person may not

  5  distribute, sell, or offer for sale in this state an

  6  alkaline-manganese or zinc-carbon battery that contains more

  7  than 0.025 percent mercury by weight.  After January 1, 1996,

  8  A person may not distribute, sell, or offer for sale in this

  9  state an alkaline-manganese or zinc-carbon battery that

10  contains any intentionally introduced mercury and more than

11  0.0004 percent mercury by weight.

12         (b)  For any alkaline-manganese battery resembling a

13  button or coin in size and shape, the limitation shall be 25

14  milligrams of mercury.

15         (c)  After October 1, 1993, A person may not

16  distribute, sell, or offer for sale in this state a consumer

17  button dry cell battery containing a mercuric oxide electrode

18  or a product containing such a battery.

19         (d)  The secretary of the department may exempt a

20  specific type of battery from this subsection if there is not

21  a battery that meets those requirements and that reasonably

22  can be substituted for the battery for which the exemption is

23  sought.

24         (3)(a)  After January 1, 1994, A person may not

25  knowingly place in a mixed solid waste stream a dry cell

26  battery that uses a mercuric oxide electrode or a product

27  containing such a battery, and that was purchased for use or

28  used by a consumer or by a government, industrial,

29  communications, or medical facility that is a conditionally

30  exempt small quantity generator of hazardous waste under 40

31  C.F.R. s. 261.5.

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  1         (b)  Eighteen months after the effective date of this

  2  subsection, or October 1, 1995, whichever is later, a person

  3  may not knowingly place in a mixed solid waste stream a

  4  rechargeable battery, or a product containing such a

  5  rechargeable battery, which was purchased for use or used by a

  6  consumer or by a government, industrial, commercial,

  7  communications, or medical facility that is a conditionally

  8  exempt small quantity generator of hazardous waste under 40

  9  C.F.R. s. 261.5.

10         (c)  Each government, industrial, commercial,

11  communications, or medical facility shall collect and

12  segregate its batteries to which the prohibitions in

13  paragraphs (a) and (b) apply and send each segregated

14  collection of batteries back to a collection site designated

15  by the manufacturer or distributor in the case of mercuric

16  oxide batteries, to a collection site designated by a marketer

17  or cell manufacturer of rechargeable batteries, or the

18  products powered by nonremovable batteries, or to a facility

19  permitted to dispose of those batteries.

20         (4)  A cell manufacturer or marketer shall not sell or

21  offer for sale in this state any consumer product or

22  nonconsumer product that is manufactured on or after October

23  1, 1993, and that is powered by a rechargeable battery unless:

24         (a)  In the case of consumer products, the battery can

25  be easily removed by the consumer, or the battery is contained

26  in a battery pack that is separate from the product and can be

27  easily removed from the product.

28         (b)  In the case of nonconsumer products, the battery

29  can be removed or is contained in a battery pack that is

30  separate from the product.

31

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  1         (c)  The product or the battery, or the package in the

  2  case of a consumer product, is labeled with a recycling symbol

  3  and includes, as an indication of the chemical composition of

  4  the battery, the term "Cd" for nickel-cadmium batteries or

  5  "Pb" for small sealed lead batteries.

  6         (d)  The instruction manual for the product or, in the

  7  case of a consumer product, the package containing the product

  8  states that the sealed lead or nickel-cadmium battery must be

  9  recycled or disposed of properly.

10         (5)  The secretary of the department may authorize the

11  sale of a consumer or nonconsumer product that does not comply

12  with paragraphs (4)(a) and (b), if the secretary finds that:

13         (a)  The product was available for sale on or before

14  May 12, 1993, and the product cannot reasonably be redesigned

15  and manufactured by January 1, 1994; or,

16         (b)  the design of the product, to comply with the

17  requirements of this subsection, would result in significant

18  danger to public health and safety.

19         (6)  By October 1, 1993, Manufacturers and distributors

20  of mercuric oxide batteries and products containing these

21  batteries; and, 6 months after the report required in

22  paragraph (7)(b) is due to be presented to the department,

23  marketers of rechargeable batteries or the products powered by

24  such batteries, excluding those used solely for memory,; whose

25  batteries and products are sold and distributed in this state

26  and that are subject to the requirements of subsection (3),

27  must:

28         (a)  Implement a unit management program, other than a

29  local government curbside program and other local government

30  collection system, unless the local government agrees

31  otherwise, through which the discarded batteries or products

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  1  powered by nonremovable batteries may be returned to

  2  designated collection sites and submit this information to the

  3  department. The unit management program must be accessible for

  4  consumers or local governments collecting batteries or

  5  products from consumers, for returning the discarded batteries

  6  or products.  In addition to other requirements which cell

  7  manufacturers have as marketers, cell manufacturers shall

  8  accept rechargeable batteries collected in this state.  Cell

  9  manufacturers shall accept rechargeable batteries returned to

10  them of the same general type, including differing brands, not

11  to exceed the same annual rate as batteries manufactured by

12  them are sold in this state.  Cell manufacturers shall have

13  the sole responsibility for reclamation and disposal of

14  rechargeable batteries returned to them.

15         (b)  Clearly inform each purchaser of the prohibition

16  on the disposal in the solid waste stream of these batteries

17  and products powered by nonremovable batteries and of the

18  system for return available to the purchaser for their proper

19  collection, transportation, recycling, or disposal.  A

20  telephone number must be provided to each final purchaser of

21  the batteries, or products powered by these batteries, so that

22  the final purchasers can call to get information on returning

23  the discarded batteries or products for recycling or proper

24  disposal.  The telephone number must also be provided to the

25  department.

26         (c)  Accept waste batteries or products containing

27  these batteries returned to their designated collection sites

28  as allowed by federal, state, and local laws and regulations.

29         (d)  Ensure that each battery is clearly identifiable

30  as to the type of electrode used in the battery.

31

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  1         (7)(a)  Twelve months after the effective date of this

  2  subsection, cell manufacturers and marketers of rechargeable

  3  batteries or products powered by rechargeable batteries which

  4  are sold in the state shall implement pilot projects for the

  5  collection and transportation of these batteries and products.

  6  Pilot projects implemented in other jurisdictions and lasting

  7  for at least 18 months may be used to satisfy the requirements

  8  of this subsection. Marketers and cell manufacturers may

  9  satisfy the requirements of this subsection individually or as

10  part of a representative organization of marketers and cell

11  manufacturers. Representative organizations of manufacturers

12  shall supply to the department a list of those organization

13  members for whom the association is conducting the pilot

14  program to satisfy the requirements of this subsection.

15         (b)  Twenty-five months after the effective date of

16  this subsection, cell manufacturers and marketers or their

17  representative organization shall report to the department the

18  final results of the pilot projects and plans for the

19  implementation of the requirements under subsection (6). The

20  reports shall include estimates of the cadmium disposal

21  reductions achieved through the pilot projects.  Plans for

22  implementation and the determination of the reasonableness of

23  those plans shall be based on the results of the pilot

24  programs.

25

26  Annually thereafter, for a period of 3 years, they shall

27  report on the results of their unit management programs as

28  described in this subsection.

29         (8)  The effective date of subsections (1) and (2),

30  paragraph (3)(a), and subsections (4), (5), and (6) for

31  mercuric oxide batteries, and subsections (8), (10), and (11),

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  1  shall be July 1, 1993.  The effective date of paragraphs

  2  (3)(b) and (c) and subsection (6) for rechargeable batteries,

  3  and subsections (7) and (9), shall be upon final adoption by

  4  the United States Environmental Protection Agency of 40 C.F.R.

  5  part 273 as proposed in Federal Register, Volume 58, Number

  6  27, pp. 8101 et seq., February 11, 1993, and adoption by the

  7  department.

  8         (7)(9)  Manufacturers and importers of mercuric oxide

  9  batteries and cell manufacturers and marketers of rechargeable

10  batteries or products powered by these batteries that do not

11  comply with the requirements in subsection (6) and paragraph

12  (7)(a) may not sell, distribute, or offer for sale in this

13  state these batteries or products powered by these batteries.

14  Manufacturers or marketers may satisfy the requirements of

15  subsection (6) and paragraph (7)(a) individually, as part of a

16  representative organization of manufacturers, or by

17  contracting with private or government parties.  Any such

18  contractual arrangements may include appointment of agents,

19  allocation of costs and duties, and such indemnifications as

20  the parties deem appropriate.

21         (8)(10)  Any person who violates any provision of this

22  section commits a misdemeanor of the second degree, punishable

23  as provided in s. 775.082 or s. 775.083.  A manufacturer or

24  distributor who violates such provision is subject to a

25  minimum fine of $100 per violation.

26         (9)(11)  In an enforcement action under this section in

27  which the state prevails, the state may recover reasonable

28  administrative expenses, court costs, and attorney's fees

29  incurred to take the enforcement action, in an amount to be

30  determined by the court.

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  1         Section 32.  Section 403.7199, Florida Statutes, is

  2  repealed.

  3         Section 33.  Subsection (5) of section 403.724, Florida

  4  Statutes, is repealed.

  5         Section 34.  Subsection (2) of section 403.7265,

  6  Florida Statutes, is amended to read:

  7         403.7265  Local hazardous waste collection program.--

  8         (2)  By March 1, 1991, The department shall develop a

  9  statewide local hazardous waste management plan which will

10  ensure comprehensive collection and proper management of

11  hazardous waste from small quantity generators and household

12  hazardous waste in Florida.  The plan shall address, at a

13  minimum, a network of local collection centers, transfer

14  stations, and expanded hazardous waste collection route

15  services.  The plan shall assess the need for additional

16  compliance verification inspections, enforcement, and

17  penalties.  The plan shall include a strategy, timetable, and

18  budget for implementation.

19         Section 35.  Subsection (1) of section 403.767, Florida

20  Statutes, is amended to read:

21         403.767  Certification of used oil transporters.--

22         (1)  Any person who transports over public highways

23  after January 1, 1990, more than 500 gallons annually of used

24  oil must be a certified transporter. This subsection does not

25  apply to:

26         (a)  Local governments or private solid waste haulers

27  under contract to a local government that transport used oil

28  collected from households to a public used oil collection

29  center.

30         (b)  Persons who transport less than 55 gallons of used

31  oil at one time that is stored in tightly closed containers

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  1  which are secured in a totally enclosed section of the

  2  transport vehicle.

  3         (c)  Persons who transport their own used oil, which is

  4  generated at their own noncontiguous facilities, to their own

  5  central collection facility for storage, processing, or energy

  6  recovery.  However, such persons shall provide the same proof

  7  of liability insurance or other means of financial

  8  responsibility for liability which may be incurred in the

  9  transport of used oil as provided by certified transporters

10  under subsection (3).

11         Section 36.  Subsection (2) of section 403.769, Florida

12  Statutes, is amended to read:

13         403.769  Permits for used oil processing and rerefining

14  facilities.--

15         (2)  By January 1, 1990, The department shall develop a

16  permitting system for used oil processing facilities after

17  reviewing and considering the applicability of the permit

18  system for hazardous waste treatment, storage, or disposal

19  facilities.

20         Section 37.  Sections 533.01, 533.02, 533.03, 533.04,

21  533.05, and 533.06, Florida Statutes, are repealed.

22         Section 38.  This act shall take effect upon becoming a

23  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Repeals various statutory provisions that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals or deletes provisions relating to an obsolete
      deadline for designation of coastal areas to be used by
  6    sea turtles for nesting; an obsolete deadline for
      submission to the Administration Commission of lists of
  7    local governments having coastal zones which have not
      provided evidence of adoption of the required building
  8    code; conveyance of portions of the Graves tract to the
      City of North Miami; use of funds of the Conservation and
  9    Recreation Lands Trust Fund to provide grants to local
      governments for public outdoor recreation purposes; state
10    policy and a pilot project on protection of the Wekiva
      River System; use of funds of the Florida Coastal
11    Protection Trust Fund to fund statewide beach
      renourishment, restoration, and inlet management plans;
12    budget approval for funding enforcement of the Pollutant
      Discharge Prevention and Control Act; a report on the
13    preapproved advanced cleanup program; the form of the
      interstate compact to conserve oil and gas; deadlines for
14    certain sanitary sewage disposal units to provide for
      secondary or other ordered waste treatment; a deadline
15    for certain sanitary sewage disposal facilities to
      provide for secondary and any ordered advanced waste
16    treatment; temporary exemption of certain air pollution
      sources from annual operation license fees and a deadline
17    for audit of the major stationary source air-operation
      permit program; implementation of the state National
18    Pollutant Discharge Elimination System (NPDES) Program; a
      temporary waiver from accumulation requirements of the
19    Florida Water Pollution Control and Sewage Treatment
      Plant Grant Act; proceedings pending at the time of
20    adoption of the Florida Air and Water Pollution Control
      Act; an obsolete date relating to regulation of recovered
21    materials; obsolete dates relating to local government
      determination and notification of the full cost for solid
22    waste management; an obsolete date relating to the
      requirement to weigh solid waste received by a solid
23    waste management facility; an obsolete date relating to
      solid waste management facility permits; obsolete dates
24    relating to beverage container and packaging
      requirements; funding of the solid waste management grant
25    program for fiscal year 1999-2000; training of operators
      of landfills, waste-to-energy facilities, biomedical
26    waste incinerators, or mobile soil thermal treatment
      units or facilities; obsolete dates relating to
27    imposition of waste tire fees; obsolete dates relating to
      environmentally sound management of mercury-containing
28    devices and lamps; obsolete dates relating to reduction
      of toxics in packaging; obsolete provisions relating to
29    requirements for manufacturers, sellers, and consumers
      with respect to batteries; the Florida Packaging Council;
30    an obsolete deadline for hazardous waste facilities to
      comply with financial responsibility requirements; an
31    obsolete deadline for development of the local hazardous
      waste collection program; an obsolete date relating to
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  1    certification of used oil transporters; an obsolete date
      relating to development of the permitting system for used
  2    oil processing facilities; and ch. 533, F.S., relating to
      mining wastes.
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