House Bill 4029c1

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    Florida House of Representatives - 2000             CS/HB 4029

        By the Committees on Environmental Protection, 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  6         impliedly repealed or superseded; amending s.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         258.09, F.S., relating to designating Rauscher

16         Park as a state park; repealing s. 258.10,

17         F.S., relating to supervision and maintenance

18         of Rauscher Park; repealing s. 258.11, F.S.,

19         relating to land ceded as the Royal Palm State

20         Park; repealing s. 258.12, F.S., relating to

21         additional lands ceded for Royal Palm State

22         Park; repealing s. 258.14, F.S., relating to

23         tax exemptions for certain endowment lands

24         including Royal Palm State Park; repealing s.

25         258.15, F.S., relating to designating St.

26         Michael's Cemetery as a state park; amending s.

27         212.08, F.S.; deleting a cross reference, to

28         conform; repealing s. 376.185, F.S., relating

29         to budget approval for funding enforcement of

30         the Pollutant Discharge Prevention and Control

31         Act; amending s. 376.11, F.S.; removing a cross

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  1         reference, to conform; repealing s.

  2         376.303(1)(e), F.S., relating to the Department

  3         of Environmental Protection establishing a

  4         technical advisory committee to recommend

  5         certain legislation; amending s. 376.30714,

  6         F.S.; revising a cross reference, to conform;

  7         amending s. 376.3071, F.S., and repealing

  8         paragraph (6)(c), relating to a loan from the

  9         Florida Coastal Protection Trust Fund to

10         provide funding to the Inland Protection Trust

11         Fund; updating provisions relating to

12         reimbursement for cleanup expenses from the

13         Inland Protection Trust Fund; repealing s.

14         377.02, F.S., relating to the form of the

15         interstate compact to conserve oil and gas;

16         amending s. 378.208, F.S., and repealing

17         subsection (3), relating to financial assurance

18         requirements for phosphate land operators;

19         revising a cross reference, to conform;

20         amending s. 403.085, F.S.; deleting obsolete

21         deadlines and references in provisions

22         requiring certain sanitary sewage disposal

23         treatment plants and industrial plants or

24         facilities to provide for secondary and any

25         ordered advanced waste treatment; amending s.

26         403.086, F.S.; deleting obsolete deadlines and

27         references in provisions requiring certain

28         sanitary sewage disposal facilities to provide

29         for secondary and any ordered advanced waste

30         treatment; amending s. 403.0872, F.S.; deleting

31         an obsolete deadline relating to the audit of

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  1         the major stationary source air-operation

  2         permit program; repealing s. 403.08851, F.S.,

  3         relating to implementation of the state

  4         National Pollutant Discharge Elimination System

  5         (NPDES) Program; repealing s. 403.1826(6)(b),

  6         F.S., relating to a temporary waiver from

  7         accumulation requirements of the Florida Water

  8         Pollution Control and Sewage Treatment Plant

  9         Grant Act; repealing s. 403.221, F.S., relating

10         to proceedings pending at the time of adoption

11         of the Florida Air and Water Pollution Control

12         Act; amending s. 403.7046, F.S.; deleting

13         obsolete dates relating to regulation of

14         recovered materials; amending s. 403.703, F.S.;

15         correcting a cross reference; amending s.

16         403.7049, F.S.; deleting obsolete dates

17         relating to local government determination and

18         notification of the full cost for solid waste

19         management; amending s. 403.706, F.S.; deleting

20         obsolete dates relating to the reduction and

21         weighing of solid waste received by a solid

22         waste management facility; amending s. 403.707,

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

24         solid waste management facility permits;

25         amending s. 403.708, F.S.; deleting obsolete

26         dates relating to beverage container and

27         packaging requirements; amending s. 403.716,

28         F.S.; deleting obsolete dates relating to

29         training of operators of landfills,

30         waste-to-energy facilities, biomedical waste

31         incinerators, or mobile soil thermal treatment

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  1         units or facilities; amending s. 403.7186,

  2         F.S.; deleting obsolete dates relating to

  3         environmentally sound management of

  4         mercury-containing devices and lamps; amending

  5         s. 403.7191, F.S.; deleting an obsolete date

  6         relating to reduction of toxics in packaging;

  7         amending s. 403.7192, F.S.; deleting obsolete

  8         provisions relating to requirements for

  9         manufacturers, sellers, and consumers with

10         respect to batteries; repealing s. 403.7199,

11         F.S., relating to the Florida Packaging

12         Council; amending s. 403.724, F.S.; deleting an

13         obsolete deadline for hazardous waste

14         facilities to comply with financial

15         responsibility requirements; amending s.

16         403.7265, F.S.; deleting an obsolete deadline

17         for development of the local hazardous waste

18         collection program; amending s. 403.767, F.S.;

19         deleting an obsolete date relating to

20         certification of used oil transporters;

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

22         date relating to development of the permitting

23         system for used oil processing facilities;

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

25         wastes; providing an effective date.

26

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

28

29         Section 1.  Section 161.163, Florida Statutes, is

30  amended to read:

31

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  1         161.163  Coastal areas used by sea turtles;

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

  3  adopt by rule a designation of coastal areas which are

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

  5  nesting.  The department shall also adopt by rule guidelines

  6  for local government regulations that control beachfront

  7  lighting to protect hatching sea turtles.

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

  9  Statutes, is amended to read:

10         161.56  Establishment of local enforcement.--

11         (2)  Each local government shall provide evidence to

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

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

14  1, 1987, The state land planning agency shall submit to the

15  Administration Commission a list of those local governments

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

17  issue before the Administration Commission shall be whether or

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

19         Section 3.  Sections 258.09, 258.10, 258.11, 258.12,

20  258.14, and 258.15, Florida Statutes, are repealed.

21         Section 4.  Subsection (13) of section 212.08, Florida

22  Statutes, is amended to read:

23         212.08  Sales, rental, use, consumption, distribution,

24  and storage tax; specified exemptions.--The sale at retail,

25  the rental, the use, the consumption, the distribution, and

26  the storage to be used or consumed in this state of the

27  following are hereby specifically exempt from the tax imposed

28  by this chapter.

29         (13)  No transactions shall be exempt from the tax

30  imposed by this chapter except those expressly exempted

31  herein. All laws granting tax exemptions, to the extent they

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  1  may be inconsistent or in conflict with this chapter,

  2  including, but not limited to, the following designated laws,

  3  shall yield to and be superseded by the provisions of this

  4  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

  5  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

  6  315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,

  7  and the following Laws of Florida, acts of the year indicated:

  8  s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,

  9  chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter

10  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

11  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.

12  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

13  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

14  s. 10, chapter 67-1681.

15         Section 5.  Section 376.185, Florida Statutes, is

16  repealed.

17         Section 6.  Paragraph (a) of subsection (4) of section

18  376.11, Florida Statutes, is amended to read:

19         376.11  Florida Coastal Protection Trust Fund.--

20         (4)  Moneys in the Florida Coastal Protection Trust

21  Fund shall be disbursed for the following purposes and no

22  others:

23         (a)  Administrative expenses, personnel expenses, and

24  equipment costs of the department and the Fish and Wildlife

25  Conservation Commission related to the enforcement of ss.

26  376.011-376.21 subject to s. 376.185.

27         Section 7.  Paragraph (e) of subsection (1) of section

28  376.303, Florida Statutes, is repealed.

29         Section 8.  Subsection (12) of section 376.30714,

30  Florida Statutes, is amended to read:

31         376.30714  Site rehabilitation agreements.--

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  1         (12)  Nothing in this section shall be construed to

  2  preclude the department from pursuing penalties in accordance

  3  with ss. 376.303(1)(j)(k) and 376.311 for violations of any

  4  law or any rule, order, permit, registration, or certification

  5  adopted or issued by the department pursuant to its lawful

  6  authority.

  7         Section 9.  Paragraph (c) of subsection (6) of section

  8  376.3071, Florida Statutes, is repealed, and paragraph (k) of

  9  subsection (12) of said section is amended to read:

10         376.3071  Inland Protection Trust Fund; creation;

11  purposes; funding.--

12         (12)  REIMBURSEMENT FOR CLEANUP EXPENSES.--Except as

13  provided in s. 2(3), chapter 95-2, Laws of Florida, this

14  subsection shall not apply to any site rehabilitation program

15  task initiated after March 29, 1995. Effective August 1, 1996,

16  no further site rehabilitation work on sites eligible for

17  state-funded cleanup from the Inland Protection Trust Fund

18  shall be eligible for reimbursement pursuant to this

19  subsection.  The person responsible for conducting site

20  rehabilitation may seek reimbursement for site rehabilitation

21  program task work conducted after March 28, 1995, in

22  accordance with s. 2(2) and (3), chapter 95-2, Laws of

23  Florida, regardless of whether the site rehabilitation program

24  task is completed.  A site rehabilitation program task shall

25  be considered to be initiated when actual onsite work or

26  engineering design, pursuant to chapter 62-770, Florida

27  Administrative Code, which is integral to performing a site

28  rehabilitation program task has begun and shall not include

29  contract negotiation and execution, site research, or project

30  planning.  All reimbursement applications pursuant to this

31  subsection must be submitted to the department by January 3,

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  1  1997.  The department shall not accept any applications for

  2  reimbursement or pay any claims on applications for

  3  reimbursement received after that date; provided, however if

  4  an application filed on or prior to January 3, 1997, was

  5  returned by the department on the grounds of untimely filing,

  6  it shall be refiled within 30 days after the effective date of

  7  this act in order to be processed.

  8         (k)  Audits.--

  9         1.  The department is authorized to perform financial

10  and technical audits in order to certify site restoration

11  costs and ensure compliance with this chapter.  The department

12  shall seek recovery of any overpayments based on the findings

13  of these audits. The department must commence any audit within

14  5 years after the date of reimbursement, except in cases where

15  the department alleges specific facts indicating fraud.

16         2.  Upon determination by the department that any

17  portion of costs which have been reimbursed are disallowed,

18  the department shall give written notice to the applicant

19  setting forth with specificity the allegations of fact which

20  justify the department's proposed action and ordering

21  repayment of disallowed costs within 60 days of notification

22  of the applicant.

23         3.  In the event the applicant does not make payment to

24  the department within 60 days of receipt of such notice, the

25  department shall seek recovery in a court of competent

26  jurisdiction to recover reimbursement overpayments made to the

27  person responsible for conducting site rehabilitation, unless

28  the department finds the amount involved too small or the

29  likelihood of recovery too uncertain.

30         4.  In addition to the amount of any overpayment, the

31  applicant shall be liable to the department for interest of 1

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  1  percent per month or the prime rate, whichever is less, on the

  2  amount of overpayment, from the date of overpayment by the

  3  department until the applicant satisfies the department's

  4  request for repayment pursuant to this paragraph.  The

  5  calculation of interest shall be tolled during the pendency of

  6  any litigation.

  7         5.  Financial and technical audits frequently are

  8  conducted under this section many years after the site

  9  rehabilitation activities were performed and the costs

10  examined in the course of the audit were incurred by the

11  person responsible for site rehabilitation.  During the

12  intervening span of years, the department's rule requirements

13  and its related guidance and other nonrule policy directives

14  may have changed significantly.  The Legislature finds that it

15  may be appropriate for the department to provide relief to

16  persons subject to such requirements in financial and

17  technical audits conducted pursuant to this section.

18         a.  The department is authorized to grant variances and

19  waivers from the documentation requirements of subparagraph

20  (e)2. and from the requirements of rules applicable in

21  technical and financial audits conducted under this section.

22  Variances and waivers shall be granted when the person

23  responsible for site rehabilitation demonstrates to the

24  department that application of a financial or technical

25  auditing requirement would create a substantial hardship or

26  would violate principles of fairness.  For purposes of this

27  subsection, "substantial hardship" means a demonstrated

28  economic, technological, legal, or other type of hardship to

29  the person requesting the variance or waiver.  For purposes of

30  this subsection, "principles of fairness" are violated when

31  the application of a requirement affects a particular person

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  1  in a manner significantly different from the way it affects

  2  other similarly situated persons who are affected by the

  3  requirement or when the requirement is being applied

  4  retroactively without due notice to the affected parties.

  5         b.  A person whose reimbursed costs are subject to a

  6  financial and technical audit under this section may file a

  7  written request to the department for grant of a variance or

  8  waiver.  The request shall specify:

  9         (I)  The requirement from which a variance or waiver is

10  requested.

11         (II)  The type of action requested.

12         (III)  The specific facts which would justify a waiver

13  or variance.

14         (IV)  The reason or reasons why the requested variance

15  or waiver would serve the purposes of this section.

16         c.  Within 90 days after receipt of a written request

17  for variance or waiver under this subsection, the department

18  shall grant or deny the request. If the request is not granted

19  or denied within 90 days of receipt, the request shall be

20  deemed approved.  An order granting or denying the request

21  shall be in writing and shall contain a statement of the

22  relevant facts and reasons supporting the department's action.

23  The department's decision to grant or deny the petition shall

24  be supported by competent substantial evidence and is subject

25  to ss. 120.569 and 120.57.  Once adopted, model rules

26  promulgated by the Administration Commission under s. 120.542

27  shall govern the processing of requests under this provision;

28  however, the department may process requests prior to the

29  adoption of those model rules.

30         6.  The Comptroller may audit the records of persons

31  who receive or who have received payments pursuant to this

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  1  chapter in order to verify site restoration costs, ensure

  2  compliance with this chapter, and verify the accuracy and

  3  completeness of audits performed by the department pursuant to

  4  this paragraph.  The Comptroller may contract with entities or

  5  persons to perform audits pursuant to this subparagraph.  The

  6  Comptroller shall commence any audit within 1 year after the

  7  department's completion of an audit conducted pursuant to this

  8  paragraph, except in cases where the department or the

  9  Comptroller alleges specific facts indicating fraud.

10         Section 10.  Section 377.02, Florida Statutes, is

11  repealed.

12         Section 11.  Subsection (3) of section 378.208, Florida

13  Statutes, is repealed, and paragraph (a) of subsection (2) of

14  said section is amended to read:

15         378.208  Financial responsibility.--

16         (2)  Operators who are not in compliance with the rate

17  of reclamation established in s. 378.209 must post one or more

18  of the following forms of security:

19         (a)  A lien in favor of the state on unmined lands or

20  on reclaimed and released real property owned in fee simple

21  absolute by the operator.  No formal appraisal of the property

22  shall be required; however, the unencumbered value of the

23  property shall be comparable to the cost of reclamation

24  established pursuant to subsection (3) (4).

25

26  The form of security posted shall be at the option of the

27  operator and shall cover the number of acres for which the

28  operator is delinquent in reclaiming in the required time

29  period as well as the number of acres that the operator must

30  reclaim in the current 5-year period.  The security, other

31

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  1  than the donation of land, shall be released upon completion

  2  of reclamation of delinquent acres.

  3         Section 12.  Subsections (2) and (4) of section

  4  403.085, Florida Statutes, are amended to read:

  5         403.085  Sanitary sewage disposal units; advanced and

  6  secondary waste treatment; industrial waste, ocean outfall,

  7  inland outfall, or disposal well waste treatment.--

  8         (2)  Sanitary sewage disposal treatment plants which

  9  discharge effluent through ocean outfalls or disposal wells on

10  July 1, 1970, shall provide for secondary waste treatment and,

11  in addition thereto, advanced waste treatment as deemed

12  necessary and ordered by the former Department of

13  Environmental Regulation by January 3, 1974. Failure to

14  conform by said date shall be punishable by a fine of $500 for

15  each 24-hour day or fraction thereof that such failure is

16  allowed to continue thereafter.

17         (4)  Industrial plants or facilities which discharge

18  industrial waste of any kind through ocean outfalls, inland

19  outfalls, or disposal wells on July 1, 1971, shall provide for

20  secondary waste treatment or such other waste treatment as

21  deemed necessary and ordered by January 1, 1973, by the former

22  Department of Environmental Regulation. Failure to conform by

23  said date shall be punishable as provided in s. 403.161(2).

24         Section 13.  Subsection (2) of section 403.086, Florida

25  Statutes, is amended to read:

26         403.086  Sewage disposal facilities; advanced and

27  secondary waste treatment.--

28         (2)  Any facilities for sanitary sewage disposal

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

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

31  advanced waste treatment as deemed necessary and ordered by

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

  2  former Department of Environmental Regulation, or its

  3  successor, the Department of Environmental Protection. Failure

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

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

  6  failure is allowed to continue thereafter.

  7         Section 14.  Paragraph (c) of subsection (11) of

  8  section 403.0872, Florida Statutes, is amended to read:

  9         403.0872  Operation permits for major sources of air

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

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

12  received from the United States Environmental Protection

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

14  pollution, including electrical power plants certified under

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

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

17  which is the only department operation permit for a major

18  source of air pollution required for such source. Operation

19  permits for major sources of air pollution, except general

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

21  accordance with the following procedures and in accordance

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

23  inconsistent with the provisions of this section, the

24  procedures contained in this section prevail:

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

26  pollution permitted to operate in this state must pay between

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

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

29  determined by department rule. The annual operation license

30  fee shall be terminated immediately in the event the United

31  States Environmental Protection Agency imposes annual fees

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  1  solely to implement and administer the major source

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

  3  70.10(d).

  4         (c)  An audit of the major stationary source

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

  6  the United States Environmental Protection Agency has given

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

  8  comes later, to ascertain whether the annual operation license

  9  fees collected by the department are used solely to support

10  any reasonable direct and indirect costs as listed in

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

12  after the first audit.

13         Section 15.  Section 403.08851, Florida Statutes, is

14  repealed.

15         Section 16.  Paragraph (b) of subsection (6) of section

16  403.1826, Florida Statutes, is repealed.

17         Section 17.  Section 403.221, Florida Statutes, is

18  repealed.

19         Section 18.  Subsection (1) of section 403.7046,

20  Florida Statutes, is amended to read:

21         403.7046  Regulation of recovered materials.--

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

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

24  recovered materials shall annually certify to the department

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

26  rule exempt from this requirement generators of recovered

27  materials, persons who handle or sell recovered materials as

28  an activity which is incidental to the normal primary business

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

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

31  materials in small quantities as defined by the department.

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  1  The department shall adopt rules for the certification of and

  2  reporting by such persons and shall establish criteria for

  3  revocation of such certification. Prior to the adoption of

  4  such rules, the department shall appoint a technical advisory

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

  6  minimum, representatives of the Florida Association of

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

  8  Association, and the Florida Chapter of the National Solid

  9  Waste Management Association, to aid in the development of

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

11  minimum, the amount and types of recovered materials handled

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

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

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

15  the department to conduct periodic inspections.  The

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

17  registration, which shall be deposited into the Solid Waste

18  Management Trust Fund for implementation of the program.

19         Section 19.  Subsection (10) of section 403.703,

20  Florida Statutes, is amended to read:

21         403.703  Definitions.--As used in this act, unless the

22  context clearly indicates otherwise, the term:

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

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

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

26  which is resource recovery or the disposal, recycling,

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

28  include recovered materials processing facilities which meet

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

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

31  waste.

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  1         Section 20.  Subsection (1) and paragraph (a) of

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

  3  amended to read:

  4         403.7049  Determination of full cost for solid waste

  5  management; local solid waste management fees.--

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

  7  after rules are established by the department, whichever

  8  occurs later, Each county and each municipality shall

  9  determine each year the full cost for solid waste management

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

11  1-year period beginning on October 1, 1988, and shall update

12  the full cost every year thereafter.  The department shall

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

14  calculating full cost. Rulemaking shall be initiated and at

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

16  developing the rule, the department shall examine the

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

18  governments in operating their solid waste management systems.

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

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

21  once a year, residential and nonresidential users of solid

22  waste management services within the municipality's service

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

24  of the full cost for solid waste management as determined

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

26  information required of municipalities only to residential and

27  nonresidential users of solid waste management services within

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

29  municipality. Municipalities shall include costs charged to

30  them or persons contracting with them for disposal of solid

31

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  1  waste in the full cost information provided to residential and

  2  nonresidential users of solid waste management services.

  3         Section 21.  Paragraph (a) of subsection (4) and

  4  subsection (18) of section 403.706, Florida Statutes, are

  5  amended to read:

  6         403.706  Local government solid waste

  7  responsibilities.--

  8         (4)(a)  A county's solid waste management and recycling

  9  programs shall be designed to provide for sufficient reduction

10  of the amount of solid waste generated within the county and

11  the municipalities within its boundaries in order to meet

12  goals for the reduction of municipal solid waste prior to the

13  final disposal or the incineration of such waste at a solid

14  waste disposal facility. The goals shall provide, at a

15  minimum, that the amount of municipal solid waste that would

16  be disposed of within the county and the municipalities within

17  its boundaries is reduced by at least 30 percent by the end of

18  1994. In determining whether the municipal solid waste

19  reduction goal established by this subsection has been

20  achieved, no more than one-half of the goal may be met with

21  yard trash, white goods, construction and demolition debris,

22  and tires that are removed from the total amount of municipal

23  solid waste. However, if a county that is a special district

24  created by chapter 67-764, Laws of Florida, demonstrates that

25  yard trash, construction and demolition debris, white goods,

26  and waste tires comprise more than 50 percent of the municipal

27  solid waste generated in the county and municipalities within

28  its boundaries, the county may meet the reduction goal

29  established by this subsection by reducing the Class I

30  municipal solid waste generated in the county and

31  municipalities within its boundaries at a rate equal to the

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  1  average rate Class I municipal solid waste is reduced in the

  2  20 most populous counties, as determined by the department for

  3  the previous reporting period. As used in this subsection,

  4  "Class I municipal solid waste" means municipal solid waste

  5  other than yard trash, construction and demolition debris,

  6  white goods, and waste tires.

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

  8  solid waste management facility owned or operated by or on

  9  behalf of a county or municipality, except existing facilities

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

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

12  measure the solid waste shall conform to the requirements of

13  chapter 531 and any rules promulgated thereunder.

14         Section 22.  Subsection (1) of section 403.707, Florida

15  Statutes, is amended to read:

16         403.707  Permits.--

17         (1)  No solid waste management facility may be

18  operated, maintained, constructed, expanded, modified, or

19  closed without an appropriate and currently valid permit

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

21  waste construction permits issued under this section may

22  include any permit conditions necessary to achieve compliance

23  with the recycling requirements of this act. The department

24  shall pursue reasonable timeframes for closure and

25  construction requirements, considering pending federal

26  requirements and implementation costs to the permittee.  The

27  department shall adopt a rule establishing performance

28  standards for construction and closure of solid waste

29  management facilities. The standards shall allow flexibility

30  in design and consideration for site-specific characteristics.

31

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  1         Section 23.  Subsections (2) and (9) of section

  2  403.708, Florida Statutes, are amended to read:

  3         403.708  Prohibition; penalty.--

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

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

  6  designed and constructed so that the container is opened by

  7  detaching a metal ring or tab.

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

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

10  packaged in a container or packing material manufactured with

11  fully halogenated chlorofluorocarbons (CFC). Producers of

12  containers or packing material manufactured with

13  chlorofluorocarbons (CFC) are urged to introduce alternative

14  packaging materials which are environmentally compatible.

15         Section 24.  Subsection (3) of section 403.716, Florida

16  Statutes, is amended to read:

17         403.716  Training of operators of solid waste

18  management and other facilities.--

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

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

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

22  incinerator, or mobile soil thermal treatment unit or facility

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

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

25  qualified as an interim operator in compliance with

26  requirements established by the department by rule.  An owner

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

28  incinerator, or mobile soil thermal treatment unit or facility

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

30  unless such person has completed an approved landfill,

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

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  1  mobile soil thermal treatment unit or facility operator

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

  3  interim operator in compliance with requirements established

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

  5  rule operator training requirements for other solid waste

  6  management facilities and facility operators.

  7         Section 25.  Subsections (2), (3), and (4) of section

  8  403.7186, Florida Statutes, are amended to read:

  9         403.7186  Environmentally sound management of

10  mercury-containing devices and lamps.--

11         (2)  PROHIBITION ON INCINERATION OR DISPOSAL OF

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

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

14  this section or by the rules of the department promulgated

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

16  the department determines that sufficient recycling capacity

17  exists to recycle mercury-containing devices generated in the

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

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

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

21  industrial or commercial facility in a mixed solid waste

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

23  shall not knowingly be incinerated or disposed of in a

24  landfill.

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

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

27  knowingly be incinerated in any municipal or other

28  incinerator.  This subsection shall not apply to incinerators

29  that are permitted to operate under state or federal hazardous

30  waste regulations.

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

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

  2  operating an industrial, institutional, or commercial facility

  3  in this state or providing outdoor lighting for public places

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

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

  6  disposal of such lamps in permitted lined landfills or at

  7  appropriately permitted reclamation facilities.

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

  9  designate regions of the state wherein any person owning or

10  operating an industrial, institutional, or commercial facility

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

12  places in such designated region, including streets and

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

14  shall arrange for disposal of such lamps at appropriately

15  permitted reclamation facilities; provided, however, that

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

17  first determines that appropriately permitted reclamation

18  facilities are reasonably available and afford sufficient

19  recycling capacity.

20         Section 26.  Subsection (3) of section 403.7191,

21  Florida Statutes, is amended to read:

22         403.7191  Toxics in packaging.--

23         (3)  PROHIBITIONS; SCHEDULE FOR REMOVAL OF INCIDENTAL

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

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

26  and a manufacturer or distributor of products shall not offer

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

28  any packaging component with a total concentration of lead,

29  cadmium, mercury, and hexavalent chromium that exceeds after

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

31

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  1         Section 27.  Section 403.7192, Florida Statutes, is

  2  amended to read:

  3         403.7192  Batteries; requirements for consumer,

  4  manufacturers, and sellers; penalties.--

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

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

  7  25 pounds or less consisting of an enclosed or sealed

  8  container containing a positive and negative electrode in

  9  which one or both electrodes consist primarily of cadmium or

10  lead and which container contains a gel or liquid starved

11  electrolyte.

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

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

14  United States cells or units for which no unit management

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

16  the cell or unit.

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

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

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

20  rechargeable product.  Marketer does not include a person

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

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

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

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

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

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

27  rechargeable product with nonremovable rechargeable batteries.

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

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

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

31

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

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

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

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

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

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

  7  contains any intentionally introduced mercury and more than

  8  0.0004 percent mercury by weight.

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

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

11  milligrams of mercury.

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

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

14  button dry cell battery containing a mercuric oxide electrode

15  or a product containing such a battery.

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

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

18  a battery that meets those requirements and that reasonably

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

20  sought.

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

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

23  battery that uses a mercuric oxide electrode or a product

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

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

26  communications, or medical facility that is a conditionally

27  exempt small quantity generator of hazardous waste under 40

28  C.F.R. s. 261.5.

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

30  subsection, or October 1, 1995, whichever is later, A person

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

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  1  rechargeable battery, or a product containing such a

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

  3  consumer or by a government, industrial, commercial,

  4  communications, or medical facility that is a conditionally

  5  exempt small quantity generator of hazardous waste under 40

  6  C.F.R. s. 261.5.

  7         (c)  Each government, industrial, commercial,

  8  communications, or medical facility shall collect and

  9  segregate its batteries to which the prohibitions in

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

11  collection of batteries back to a collection site designated

12  by the manufacturer or distributor in the case of mercuric

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

14  or cell manufacturer of rechargeable batteries, or the

15  products powered by nonremovable batteries, or to a facility

16  permitted to dispose of those batteries.

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

18  offer for sale in this state any consumer product or

19  nonconsumer product that is manufactured on or after October

20  1, 1993, and that is powered by a rechargeable battery unless:

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

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

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

24  easily removed from the product.

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

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

27  separate from the product.

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

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

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

31

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

  2  "Pb" for small sealed lead batteries.

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

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

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

  6  recycled or disposed of properly.

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

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

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

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

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

12  and manufactured by January 1, 1994; or,

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

14  requirements of this subsection, would result in significant

15  danger to public health and safety.

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

17  of mercuric oxide batteries and products containing these

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

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

20  marketers of rechargeable batteries or the products powered by

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

22  batteries and products are sold and distributed in this state

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

24  must:

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

26  local government curbside program and other local government

27  collection system, unless the local government agrees

28  otherwise, through which the discarded batteries or products

29  powered by nonremovable batteries may be returned to

30  designated collection sites and submit this information to the

31  department. The unit management program must be accessible for

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  1  consumers or local governments collecting batteries or

  2  products from consumers, for returning the discarded batteries

  3  or products.  In addition to other requirements which cell

  4  manufacturers have as marketers, cell manufacturers shall

  5  accept rechargeable batteries collected in this state.  Cell

  6  manufacturers shall accept rechargeable batteries returned to

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

  8  to exceed the same annual rate as batteries manufactured by

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

10  the sole responsibility for reclamation and disposal of

11  rechargeable batteries returned to them.

12         (b)  Clearly inform each purchaser of the prohibition

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

14  and products powered by nonremovable batteries and of the

15  system for return available to the purchaser for their proper

16  collection, transportation, recycling, or disposal.  A

17  telephone number must be provided to each final purchaser of

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

19  the final purchasers can call to get information on returning

20  the discarded batteries or products for recycling or proper

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

22  department.

23         (c)  Accept waste batteries or products containing

24  these batteries returned to their designated collection sites

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

26         (d)  Ensure that each battery is clearly identifiable

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

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

29  subsection, cell manufacturers and marketers of rechargeable

30  batteries or products powered by rechargeable batteries which

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

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  1  collection and transportation of these batteries and products.

  2  Pilot projects implemented in other jurisdictions and lasting

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

  4  of this subsection. Marketers and cell manufacturers may

  5  satisfy the requirements of this subsection individually or as

  6  part of a representative organization of marketers and cell

  7  manufacturers. Representative organizations of manufacturers

  8  shall supply to the department a list of those organization

  9  members for whom the association is conducting the pilot

10  program to satisfy the requirements of this subsection.

11         (b)  On or before October 7, 1997, and annually

12  thereafter, for a period of 3 years Twenty-five months after

13  the effective date of this subsection, cell manufacturers and

14  marketers or their representative organization shall report to

15  the department the final results of the pilot projects and

16  plans for the implementation of the requirements under

17  subsection (6). The reports shall include estimates of the

18  cadmium disposal reductions. Representative organizations of

19  manufacturers shall supply to the department a list of those

20  organization members for whom the association is conducting

21  the unit management program achieved through the pilot

22  projects.  Plans for implementation and the determination of

23  the reasonableness of those plans shall be based on the

24  results of the pilot 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         (8)(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         (9)(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         (10)(11)  In an enforcement action under this section

27  in 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.

31

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  1         Section 28.  Section 403.7199, Florida Statutes, is

  2  repealed.

  3         Section 29.  Subsection (5) of section 403.724, Florida

  4  Statutes, is amended to read:

  5         403.724  Financial responsibility.--

  6         (5)  Hazardous waste facilities in operation on October

  7  1, 1980, shall, within 1 year after the effective date of

  8  rules regarding financial responsibility pursuant to this act,

  9  establish financial responsibility or have the requirement

10  waived.

11         Section 30.  Subsection (2) of section 403.7265,

12  Florida Statutes, is amended to read:

13         403.7265  Local hazardous waste collection program.--

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

15  statewide local hazardous waste management plan which will

16  ensure comprehensive collection and proper management of

17  hazardous waste from small quantity generators and household

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

19  minimum, a network of local collection centers, transfer

20  stations, and expanded hazardous waste collection route

21  services.  The plan shall assess the need for additional

22  compliance verification inspections, enforcement, and

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

24  budget for implementation.

25         Section 31.  Subsection (1) of section 403.767, Florida

26  Statutes, is amended to read:

27         403.767  Certification of used oil transporters.--

28         (1)  Any person who transports over public highways

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

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

31  apply to:

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  1         (a)  Local governments or private solid waste haulers

  2  under contract to a local government that transport used oil

  3  collected from households to a public used oil collection

  4  center.

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

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

  7  which are secured in a totally enclosed section of the

  8  transport vehicle.

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

10  generated at their own noncontiguous facilities, to their own

11  central collection facility for storage, processing, or energy

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

13  of liability insurance or other means of financial

14  responsibility for liability which may be incurred in the

15  transport of used oil as provided by certified transporters

16  under subsection (3).

17         Section 32.  Subsection (2) of section 403.769, Florida

18  Statutes, is amended to read:

19         403.769  Permits for used oil processing and rerefining

20  facilities.--

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

22  permitting system for used oil processing facilities after

23  reviewing and considering the applicability of the permit

24  system for hazardous waste treatment, storage, or disposal

25  facilities.

26         Section 33.  Sections 533.01, 533.02, 533.03, 533.04,

27  533.05, and 533.06, Florida Statutes, are repealed.

28         Section 34.  This act shall take effect July 1, 2000.

29

30

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