House Bill hb0009er

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  2         An act relating to pollution control; amending

  3         s. 403.061, F.S.; providing rule-making

  4         authority; amending s. 403.707, F.S.; requiring

  5         an applicant for a permit to construct or

  6         modify a solid waste management facility to

  7         notify the local government of the filing of

  8         application; requiring publishing of the

  9         application; providing requirements with

10         respect thereto; amending s. 403.71851, F.S.;

11         providing for electronics recycling grants;

12         providing that grant funding shall be used for

13         certain demonstration projects; providing for

14         the Department of Environmental Protection to

15         conduct a comprehensive review of certain waste

16         reduction and recycling goals and other related

17         legislative requirements; providing that the

18         department must issue a report; providing an

19         effective date.

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

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23         Section 1.  Subsections (37), (38), and (39) of s.

24  403.061, Florida Statutes, are amended to read:

25         403.061  Department; powers and duties.--The department

26  shall have the power and the duty to control and prohibit

27  pollution of air and water in accordance with the law and

28  rules adopted and promulgated by it and, for this purpose, to:

29         (37)  Enter into a memorandum of agreement with the

30  Florida Ports Council which provides a supplemental permitting

31  process for the issuance of a joint coastal permit pursuant to


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  1  s. 161.055 or environmental resource permit pursuant to part

  2  IV of chapter 373, to a port listed in s. 311.09(1), for

  3  maintenance dredging and the management of dredged materials

  4  from maintenance dredging of all navigation channels, port

  5  harbors, turning basins, and harbor berths.  Such permit shall

  6  be issued for a period of 5 years and shall be annually

  7  extended for an additional year if the port is in compliance

  8  with all permit conditions at the time of extension.The

  9  department is authorized to adopt rules to implement this

10  subsection.

11         (38)  Enter into a memorandum of agreement with the

12  Florida Ports Council which provides a supplemental permitting

13  process for the issuance of a conceptual joint coastal permit

14  pursuant to s. 161.055 or environmental resource permit

15  pursuant to part IV of chapter 373, to a port listed in s.

16  311.09(1), for dredging and the management of materials from

17  dredging and for other related activities necessary for

18  development, including the expansion of navigation channels,

19  port harbors, turning basins, harbor berths, and associated

20  facilities.  Such permit shall be issued for a period of up to

21  15 years.The department is authorized to adopt rules to

22  implement this subsection.

23         (39)  Enter into a memorandum of agreement with the

24  Florida Inland Navigation District and the West Coast Inland

25  Navigation District, or their successor agencies, to provide a

26  supplemental process for issuance of joint coastal permits

27  pursuant to s. 161.055 or environmental resource permits

28  pursuant to part IV of chapter 373 for regional waterway

29  management activities, including, but not limited to,

30  maintenance dredging, spoil disposal, public recreation, inlet

31  management, beach nourishment, and environmental protection


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  1  directly related to public navigation and the construction,

  2  maintenance, and operation of Florida's inland waterways. The

  3  department is authorized to adopt rules to implement this

  4  subsection.

  5         Section 2.  Subsection (14) is added to section

  6  403.707, Florida Statutes, to read:

  7         403.707  Permits.--

  8         (14)  Before or on the same day of filing with the

  9  department of an application for a permit to construct or

10  substantially modify a solid waste management facility, the

11  applicant shall notify the local government having

12  jurisdiction over the facility of the filing of the

13  application.  The applicant also shall publish notice of the

14  filing of the application in a newspaper of general

15  circulation in the area where the facility will be located.

16  Notice shall be given and published in accordance with

17  applicable department rules.  The department shall not issue

18  the requested permit until the applicant has provided the

19  department with proof that the notices required by this

20  subsection have been given. Issuance of a permit does not

21  relieve an applicant from compliance with local zoning or land

22  use ordinances, or with any other law, rules, or ordinances.

23         Section 3.  Section 403.71851, Florida Statutes, is

24  amended to read:

25         403.71851  Electronic recycling Lead-containing

26  materials grants.--The Department of Environmental Protection

27  is authorized to use funds from the Solid Waste Management

28  Trust Fund as grants to Florida-based businesses with 5 or

29  more years' experience in electronics recycling that recycle

30  electronics such as commercial telephone switching equipment,

31  computers, televisions, lead-acid batteries and other


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  1  lead-containing materials, including products such as

  2  televisions and computer monitors and other products that

  3  utilize lead-containing cathode ray tubes. This incentive

  4  funding shall may be used for demonstration projects with one

  5  or more counties for countywide comprehensive electronics

  6  recycling where that term means recycling that provides

  7  service to the private sector, nonprofit organizations,

  8  governmental agencies and the residential sector. This funding

  9  may also be used for grants to counties to develop methods to

10  collect and transport electronics to be recycled provided such

11  methods are comprehensive in nature research and development

12  in methods to recover and recycle lead from the environment;

13  for innovative technologies and equipment to process and

14  recycle lead-containing materials; and for establishing an

15  infrastructure to collect and transport lead-containing

16  material to Florida-based recycling businesses.

17         Section 4.  The Department of Environmental Protection

18  shall conduct a comprehensive review of the waste reduction

19  and recycling goals set out in part IV of chapter 403, Florida

20  Statutes, and other legislative requirements in view of

21  reduced available funding for these purposes. The review shall

22  include, but is not limited to, the appropriateness of

23  maintaining, extending, or revising the goals; the

24  effectiveness of current programs for meeting the goals; the

25  role of Keep Florida Beautiful, Inc.; the need to continue

26  those programs; alternative techniques for improving those

27  programs; alternative strategies for meeting the needs of the

28  programs; and any other issues related to resource recovery

29  and management. The department shall consult with persons

30  knowledgeable about recycling and waste reduction, including,

31  but not limited to, representatives of local government, the


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  1  private recycling industry, and the private waste management

  2  industry. The department shall issue its report,

  3  recommendations, and proposed legislative changes to the

  4  Governor, the President of the Senate, and the Speaker of the

  5  House of Representatives by October 31, 2001.

  6         Section 5.  This act shall take effect July 1, 2001.

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