House Bill hb0009

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    Florida House of Representatives - 2001                   HB 9

        By Representative Ball






  1                      A bill to be entitled

  2         An act relating to solid waste management

  3         facilities; amending s. 403.707, F.S.;

  4         requiring an applicant for a permit for the

  5         construction, expansion, or increase in

  6         capacity of such a facility to provide

  7         documentation regarding compliance with local

  8         government zoning and land use regulations;

  9         providing requirements with respect thereto;

10         providing an effective date.

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

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14         Section 1.  Subsection (14) is added to section

15  403.707, Florida Statutes, to read:

16         403.707  Permits.--

17         (14)  The applicant for any permit for the

18  construction, expansion, or significant increase in capacity

19  of a solid waste management facility shall provide the

20  department with documentation from any local governmental

21  entity having jurisdiction over the facility which states that

22  the proposed activity is expected to comply with all local

23  zoning and land use regulations. This documentation may be

24  provided at any time during the permit review process, but the

25  department shall not issue a permit, including a modification

26  or renewal of an existing permit, until the documentation has

27  been submitted. If the documentation is not submitted before

28  the department issues an intent to issue the permit, then the

29  time periods in ss. 120.60 and 403.0876 are tolled until 14

30  days after the documentation is submitted to the department.

31  Solely for the purposes of the department's review of the

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    Florida House of Representatives - 2001                   HB 9

    561-162-01






  1  permit application, including any administrative proceedings

  2  under ss. 120.569 and 120.57 resulting from the department's

  3  proposed action, it is presumed that the substance of the

  4  documentation from the local government is accurate and

  5  correct.

  6         Section 2.  This act shall take effect October 1, 2001.

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  9                          HOUSE SUMMARY

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      Requires an applicant for a permit to construct, expand,
11    or increase the capacity of a solid waste management
      facility to provide documentation from the affected local
12    government regarding compliance with local zoning and
      land use regulations. Prohibits issuance of the permit by
13    the Department of Environmental Protection until such
      documentation is submitted.
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