Senate Bill sb1038

    Florida Senate - 2002                                  SB 1038

    By Senator Brown-Waite





    10-1195-02

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Environmental Protection; amending s. 403.061,

  4         F.S.; prescribing powers and duties of the

  5         department with respect to approval of spoil

  6         sites; providing an effective date.

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

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10         Section 1.  Subsection (24) of section 403.061, Florida

11  Statutes, is amended to read:

12         403.061  Department; powers and duties.--The department

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

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

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

16         (24)(a)  Establish a permit system to provide for spoil

17  site approval, as may be requested and required by local

18  governmental agencies as defined in s. 403.1822(3), or

19  mosquito control districts as defined in s. 388.011(5), to

20  facilitate these agencies in providing spoil sites for the

21  deposit of spoil from maintenance dredging of navigation

22  channels, port harbors, turning basins, and harbor berths, as

23  part of a federal project, when the agency is acting as

24  sponsor of a contemplated dredge and fill operation involving

25  an established navigation channel, harbor, turning basin, or

26  harbor berth.  A spoil site approval granted to the agency

27  shall be granted for a period of 10 to 25 years when such site

28  is not inconsistent with an adopted local governmental

29  comprehensive plan and the requirements of this chapter. The

30  department shall periodically review each permit to determine

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    Florida Senate - 2002                                  SB 1038
    10-1195-02




  1  compliance with the terms and conditions of the permit. Such

  2  review shall be conducted at least once every 10 years.

  3         (b)  This subsection applies only to those maintenance

  4  dredging operations permitted after July 1, 1980, where the

  5  United States Army Corps of Engineers is the prime dredge and

  6  fill agent and the local governmental agency is acting as

  7  sponsor for the operation, and does not require the

  8  redesignation of currently approved spoil sites under such

  9  previous operations.

10         Section 2.  This act shall take effect July 1, 2002.

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13                          SENATE SUMMARY

14    Revises powers and duties of the Department of
      Environmental Protection with respect to the approval of
15    spoil sites.

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