|
|
|
1
|
CHAMBER ACTION |
2
|
|
3
|
|
4
|
|
5
|
|
6
|
The Committee on Appropriations recommends the following: |
7
|
|
8
|
Committee Substitute |
9
|
Remove the entire bill and insert: |
10
|
|
11
|
A bill to be entitled |
12
|
An act relating to phosphate mining; amending s. 211.3103, |
13
|
F.S.; revising the distribution of the excise tax on the |
14
|
severance of phosphate rock; setting the tax rate for |
15
|
specified periods; revising provisions with respect to |
16
|
application of the tax to the total production of the |
17
|
producer; revising dates with respect to calculation of |
18
|
the base rate adjustment for phosphate rock; setting a |
19
|
minimum base-rate limit; providing for review of the |
20
|
distribution of the tax by a specified date; amending s. |
21
|
373.414, F.S.; revising conditions under which wetlands |
22
|
reclamation activities for phosphate and heavy minerals |
23
|
mining are considered appropriate mitigation under pt. IV |
24
|
of ch. 373, F.S.; requiring the Department of |
25
|
Environmental Protection to study cumulative impacts of |
26
|
changes in landform and hydrology in the Peace River |
27
|
Basin; providing study requirements; requiring the |
28
|
department to prepare and adopt a resource management plan |
29
|
for the Peace River Basin; providing plan requirements; |
30
|
providing for submission of the plan by a specified date; |
31
|
authorizing the department to use specified funds from the |
32
|
Nonmandatory Land Reclamation Trust Fund to prepare the |
33
|
study and plan; authorizing the department to establish a |
34
|
technical advisory committee for specified purposes; |
35
|
amending s. 378.021, F.S.; requiring the Department of |
36
|
Environmental Protection to amend the master reclamation |
37
|
plan that provides guidelines for the reclamation of |
38
|
specified lands mined or disturbed by the severance of |
39
|
phosphate rock and not subject to mandatory reclamation; |
40
|
providing additional criteria to be included in the |
41
|
amended master reclamation plan; amending s. 378.031, |
42
|
F.S.; clarifying provisions with respect to legislative |
43
|
intent to provide economic incentives for reclamation or |
44
|
acquisition of nonmandatory lands; amending s. 378.035, |
45
|
F.S.; revising provisions relating to the use of funds in |
46
|
the Nonmandatory Land Reclamation Trust Fund; deleting |
47
|
obsolete provisions; deleting provisions relating to the |
48
|
deposit and use of funds derived from registration fees |
49
|
under the phosphogypsum management program; revising the |
50
|
date after which the Department of Environmental |
51
|
Protection may not accept applications for nonmandatory |
52
|
land reclamation programs; eliminating requirements with |
53
|
respect to a specified report of the Bureau of Mine |
54
|
Reclamation; authorizing the department to petition the |
55
|
State Board of Administration for the issuance of bonds; |
56
|
setting a limit on the total amount of such bonds; |
57
|
providing for use of revenues derived from such bonds; |
58
|
amending s. 378.036, F.S.; authorizing specified entities |
59
|
to form a nonprofit corporation the purpose of which |
60
|
includes creating plans for and assisting in the |
61
|
development of recreational opportunities on lands mined |
62
|
for phosphate; providing composition, organization, and |
63
|
responsibilities of the corporation; requiring a report; |
64
|
providing for dissolution of the corporation; providing |
65
|
for reversion of funds and tangible assets of the |
66
|
corporation; amending s. 378.101, F.S.; requiring the |
67
|
Florida Institute of Phosphate Research to conduct a |
68
|
specified bench and pilot scale study; providing an |
69
|
appropriation to fund the study; amending s. 378.212, |
70
|
F.S.; providing an additional reason for the granting of a |
71
|
variance from pt. III of ch. 378, F.S., relating to |
72
|
phosphate land reclamation; creating s. 403.0613, F.S., |
73
|
the "Environmental Good Samaritan Act"; providing immunity |
74
|
from civil liability for specified persons and entities in |
75
|
the event of a declared actual or impending environmental |
76
|
emergency; providing applicability; creating s. 403.162, |
77
|
F.S.; providing civil remedy to the Department of |
78
|
Environmental Protection in the event that an owner or |
79
|
operator fails to abate a release or threatened release of |
80
|
any hazardous substance, pollutant, or contaminant, or |
81
|
abate an imminent danger to the environment or to public |
82
|
health, and the department expends a specified amount on |
83
|
such abatement; providing procedure and requirements with |
84
|
respect thereto; amending s. 403.4154, F.S.; providing a |
85
|
third degree felony penalty for willfully, knowingly, or |
86
|
with reckless indifference or gross carelessness making |
87
|
specified distributions prior to correction of |
88
|
noncompliance with departmental rules requiring |
89
|
demonstration of financial responsibility with respect to |
90
|
closure of a phosphogypsum stack or stack system; |
91
|
providing a specified fine and term of imprisonment; |
92
|
providing that the failure of an owner or operator of a |
93
|
phosphogypsum stack system to comply with department rules |
94
|
requiring demonstration of financial responsibility with |
95
|
respect to closure may be considered by the department as |
96
|
evidence that a phosphogypsum stack poses an imminent |
97
|
hazard for purposes of initiating actions to abate or |
98
|
reduce the hazard; deleting provisions that provide for |
99
|
the refund of specified fee payments to the owner of a |
100
|
closed phosphogypsum stack; requiring the Department of |
101
|
Environmental Protection, by a specified date, to initiate |
102
|
rulemaking to require that phosphogypsum stack system |
103
|
operation plans be amended to add an interim stack system |
104
|
management plan; providing plan requirements; requiring |
105
|
the department, by a specified date, to initiate |
106
|
rulemaking to require that general plans and schedules for |
107
|
the closure of phosphogypsum stack systems include |
108
|
specified components; requiring the department to revise |
109
|
specified administrative rules to require the owner or |
110
|
operator of a phosphogypsum stack system to demonstrate |
111
|
financial responsibility for the costs of terminal closure |
112
|
in a manner that protects the environment and the public |
113
|
health and safety; amending s. 403.4155, F.S.; requiring |
114
|
the Department of Environmental Protection to revise |
115
|
specified administrative rules to require the owner or |
116
|
operator of a phosphogypsum stack system to demonstrate |
117
|
financial responsibility for the costs of terminal closure |
118
|
of the phosphogypsum stack system in a manner that |
119
|
protects the environment and the public health and safety; |
120
|
providing minimum requirements for such rules; providing |
121
|
severability; providing effective dates. |
122
|
|
123
|
Be It Enacted by the Legislature of the State of Florida: |
124
|
|
125
|
Section 1. Section 211.3103, Florida Statutes, is amended |
126
|
to read: |
127
|
211.3103 Levy of tax on severance of phosphate rock; rate, |
128
|
basis, and distribution of tax.-- |
129
|
(1) There is hereby levied an excise tax upon every person |
130
|
engaging in the business of severing phosphate rock from the |
131
|
soils or waters of this state for commercial use. The tax shall |
132
|
be collected, administered, and enforced by the department. |
133
|
(2) Beginning July 1, 2003, the proceeds of all taxes, |
134
|
interest, and penalties imposed under this section shall be paid |
135
|
into the State Treasury as follows: |
136
|
(a) The first $10 million of the revenue collected from |
137
|
the tax during each fiscal year shall be paid to the credit of |
138
|
the Conservation and Recreation Lands Trust Fund. |
139
|
(b) $11.14 million shall be paid to the credit of the |
140
|
General Revenue Fund.
|
141
|
(c) $2.7 million of the revenue collected from the tax |
142
|
during each fiscal year shall be applied to the purchase of a |
143
|
surety bond or a policy of insurance, the proceeds of which |
144
|
would pay the cost of restoration, reclamation, and cleanup of |
145
|
any phosphogypsum stack system and phosphate mining activities |
146
|
in the event that an operator or permittee thereof has been |
147
|
subject to a final order of bankruptcy and all funds available |
148
|
therefrom are determined to be inadequate to accomplish such |
149
|
restoration, reclamation, and cleanup. Nothing in this section |
150
|
shall be construed to imply that such operator or permittee is |
151
|
thereby relieved of its obligations or relieved of any |
152
|
liabilities pursuant to any other remedies at law, |
153
|
administrative remedies, statutory remedies, or remedies |
154
|
pursuant to bankruptcy law. The department shall adopt rules to |
155
|
implement the provisions of this paragraph, including the |
156
|
purchase and oversight of the bond or policy.
|
157
|
(d) The remaining revenue collected from the tax during |
158
|
the fiscal year, after the required payment under paragraphs (a) |
159
|
and (b), shall be paid into the State Treasury as follows: |
160
|
1. To the credit of the Nonmandatory Land Reclamation |
161
|
Trust Fund, 51 percent.
|
162
|
2. For payment to counties in proportion to the number of |
163
|
tons of phosphate rock produced from a phosphate rock matrix |
164
|
located within such political boundary, 25 percent. The |
165
|
department shall distribute this portion of the proceeds |
166
|
annually based on production information reported by the |
167
|
producers on the annual returns for the taxable year. |
168
|
3. To the credit of the Phosphate Research Trust Fund in |
169
|
the Department of Education, Division of Universities, 14 |
170
|
percent. |
171
|
4. To the credit of the Minerals Trust Fund, 10 percent or |
172
|
$3.5 million, whichever is greater. |
173
|
(d) Funds distributed pursuant to subparagraph (c)2. shall |
174
|
be used for the following purposes: |
175
|
1. Planning, preparing, and financing of infrastructure |
176
|
projects for job creation and capital investment, especially |
177
|
those infrastructure projects related to industrial and |
178
|
commercial sites. Infrastructure investments may include the |
179
|
following public or public-private partnership facilities:
|
180
|
a. Stormwater systems;
|
181
|
b. Telecommunications facilities;
|
182
|
c. Roads or other remedies to transportation impediments; |
183
|
d. Nature-based tourism facilities; or
|
184
|
e. Other physical requirements necessary to facilitate |
185
|
trade and economic development activities. |
186
|
2. Maximizing the use of federal, local, and private |
187
|
resources, including, but not limited to, those available under |
188
|
the Small Cities Community Development Block Grant Program. |
189
|
3. Projects that improve inadequate infrastructure that |
190
|
has resulted in regulatory action that prohibits economic or |
191
|
community growth, provided such projects are related to specific |
192
|
job creation or job retention opportunities.
|
193
|
(2) The proceeds of all taxes, interest, and penalties |
194
|
imposed under this section shall be paid into the State Treasury |
195
|
through June 30, 1995, as follows:
|
196
|
(a) The first $10 million in revenue collected from the |
197
|
tax during each fiscal year shall be paid to the credit of the |
198
|
Conservation and Recreation Lands Trust Fund.
|
199
|
(b) The remaining revenues collected from the tax during |
200
|
that fiscal year, after the required payment under paragraph |
201
|
(a), shall be paid into the State Treasury as follows:
|
202
|
1. To the credit of the General Revenue Fund of the state, |
203
|
60 percent. However, from this amount the amounts of $7.4 |
204
|
million, $8.2 million, and $8.1 million, respectively, shall be |
205
|
transferred to the Nonmandatory Land Reclamation Trust Fund on |
206
|
January 1, 1993, January 1, 1994, and January 1, 1995.
|
207
|
2. To the credit of the Nonmandatory Land Reclamation |
208
|
Trust Fund which is established for reclamation and acquisition |
209
|
of unreclaimed lands disturbed by phosphate mining and not |
210
|
subject to mandatory reclamation, 20 percent.
|
211
|
3. To the credit of the Phosphate Research Trust Fund in |
212
|
the Department of Education, Division of Universities, to carry |
213
|
out the purposes set forth in s. 378.101, 10 percent.
|
214
|
4. For payment to counties in proportion to the number of |
215
|
tons of phosphate rock produced from a phosphate rock matrix |
216
|
located within such political boundary, 10 percent. The |
217
|
department shall distribute this portion of the proceeds |
218
|
annually based on production information reported by producers |
219
|
on the annual returns for the taxable year. Any such proceeds |
220
|
received by a county shall be used only for phosphate-related |
221
|
expenses.
|
222
|
(3) Beginning July 1, 1995, the proceeds of all taxes, |
223
|
interest, and penalties imposed under this section shall be paid |
224
|
into the State Treasury as follows:
|
225
|
(a) The first $10 million in revenue collected from the |
226
|
tax during each fiscal year shall be paid to the credit of the |
227
|
Conservation and Recreation Lands Trust Fund.
|
228
|
(b) The remaining revenues collected from the tax during |
229
|
that fiscal year, after the required payment under paragraph |
230
|
(a), shall be paid into the State Treasury as follows:
|
231
|
1. To the credit of the General Revenue Fund of the state, |
232
|
58 percent.
|
233
|
2. To the credit of the Nonmandatory Land Reclamation |
234
|
Trust Fund for reclamation and acquisition of unreclaimed lands |
235
|
disturbed by phosphate mining and not subject to mandatory |
236
|
reclamation, 14.5 percent.
|
237
|
3. To the credit of the Phosphate Research Trust Fund in |
238
|
the Department of Education, Division of Universities, to carry |
239
|
out the purposes set forth in s. 378.101, 10 percent.
|
240
|
4. For payment to counties in proportion to the number of |
241
|
tons of phosphate rock produced from a phosphate rock matrix |
242
|
located within such political boundary, 10 percent. The |
243
|
department shall distribute this portion of the proceeds |
244
|
annually based on production information reported by producers |
245
|
on the annual returns for the taxable year. Any such proceeds |
246
|
received by a county shall be used only for phosphate-related |
247
|
expenses.
|
248
|
5. To the credit of the Minerals Trust Fund, 7.5 percent.
|
249
|
(4) If the base rate is reduced pursuant to paragraph |
250
|
(5)(c), then the proceeds of the tax shall be paid into the |
251
|
State Treasury as follows:
|
252
|
(a) The first $10 million in revenue collected from the |
253
|
tax during each fiscal year shall be paid to the credit of the |
254
|
Conservation and Recreation Lands Trust Fund.
|
255
|
(b) The remaining revenues collected from the tax during |
256
|
that fiscal year, after the required payment under paragraph |
257
|
(a), shall be paid into the State Treasury as follows:
|
258
|
1. To the credit of the General Revenue Fund of the state, |
259
|
55.15 percent.
|
260
|
2. To the credit of the Phosphate Research Trust Fund in |
261
|
the Department of Education, Division of Universities, 12.5 |
262
|
percent.
|
263
|
3. For payment to counties in proportion to the number of |
264
|
tons of phosphate rock produced from a phosphate rock matrix |
265
|
located within such political boundary, 18 percent. The |
266
|
department shall distribute this portion of the proceeds |
267
|
annually based on production information reported by producers |
268
|
on the annual returns for the taxable year. Any such proceeds |
269
|
received by a county shall be used only for phosphate-related |
270
|
expenses.
|
271
|
4. To the credit of the Minerals Trust Fund, 14.35 |
272
|
percent.
|
273
|
(3) Beginning July 1, 2003, the tax rate shall be the base |
274
|
rate of $1.62 per ton severed.
|
275
|
(4) Beginning July 1, 2004, and annually thereafter, the |
276
|
tax rate shall be the base rate times the base rate adjustment |
277
|
of the tax years as calculated by the department in accordance |
278
|
with subsection (6). |
279
|
(5) The excise tax levied by this section shall apply to |
280
|
the total production of the producer during the taxable year, |
281
|
measured on the basis of bone-dry tons produced at the point of |
282
|
severance, subject to the following rates:
|
283
|
(a) Beginning July 1, 1987, to December 31, 1987, the tax |
284
|
rate shall be $1.79 per ton severed.
|
285
|
(b) For 1988, the tax rate shall be the base rate of $1.35 |
286
|
per ton severed.
|
287
|
(c) For 1989 and subsequent years, the tax rate shall be |
288
|
the base rate times the base rate adjustment for the tax year as |
289
|
calculated by the department in accordance with subsection (6). |
290
|
However, for 2000 and subsequent taxable years, the base rate |
291
|
shall be reduced by 20 percent, unless additional funding of the |
292
|
Nonmandatory Land Reclamation Trust Fund is approved by law. |
293
|
(6)(a) On or before March 30, 20041989, and annually |
294
|
thereafter, the department shall calculate the base rate |
295
|
adjustment, if any, for phosphate rock based on the change in |
296
|
the unadjusted annual producer price index for the prior |
297
|
calendar year in relation to the unadjusted annual producer |
298
|
price index for calendar year 19991987. |
299
|
(b) For the purposes of determining the base rate |
300
|
adjustment for any year, the base rate adjustment shall be a |
301
|
fraction, the numerator of which is the unadjusted annual |
302
|
producer price index for the prior calendar year and the |
303
|
denominator of which is the unadjusted annual producer price |
304
|
index for calendar year 19991987. |
305
|
(c) The department shall provide the base rate, the base |
306
|
rate adjustment, and the resulting tax rate to affected |
307
|
producers by written notice on or before April 15 of the current |
308
|
year. |
309
|
(d) If the producer price index for phosphate rock primary |
310
|
products is substantially revised, the department shall make |
311
|
appropriate adjustment in the method used to compute the base |
312
|
rate adjustment under this subsection which will produce results |
313
|
reasonably consistent with the result which would have been |
314
|
obtained if the producer price index for phosphate rock primary |
315
|
products had not been revised. However, the base rate shall not |
316
|
be less than $1.56 per ton severed. |
317
|
(e) In the event the producer price index for phosphate |
318
|
rock primary products is discontinued, then a comparable index |
319
|
shall be selected by the department and adopted by rule. |
320
|
(7) The excise tax levied on the severance of phosphate |
321
|
rock shall be in addition to any ad valorem taxes levied upon |
322
|
the separately assessed mineral interest in the real property |
323
|
upon which the site of severance is located, or any other tax, |
324
|
permit, or license fee imposed by the state or its political |
325
|
subdivisions. |
326
|
(8) The tax levied by this section shall be collected in |
327
|
the manner prescribed in s. 211.33. |
328
|
(9) The provisions of subsection (2) shall be reviewed by |
329
|
the legislature prior to July 1, 2006. Should no change to the |
330
|
provisions in subsection (2) be made prior to July 1, 2006, the |
331
|
provisions in subsection (2) shall remain in effect. |
332
|
Section 2. Subsections (6) and (8) of section 373.414, |
333
|
Florida Statutes, are amended to read: |
334
|
373.414 Additional criteria for activities in surface |
335
|
waters and wetlands.-- |
336
|
(6)(a) The Legislature recognizes that some mining |
337
|
activities that may occur in waters of the state must leave a |
338
|
deep pit as part of the reclamation. Such deep pits may not meet |
339
|
the established water quality standard for dissolved oxygen |
340
|
below the surficial layers. Where such mining activities |
341
|
otherwise meet the permitting criteria contained in this |
342
|
section, such activities may be eligible for a variance from the |
343
|
established water quality standard for dissolved oxygen within |
344
|
the lower layers of the reclaimed pit. |
345
|
(b) Wetlands reclamation activities for phosphate and |
346
|
heavy minerals mining undertaken pursuant to chapter 378 shall |
347
|
be considered appropriate mitigation for this part if they |
348
|
maintain or improve the water quality and the function of the |
349
|
biological systems present at the site prior to the commencement |
350
|
of mining activities and the requirements of subsection (8) are |
351
|
met. |
352
|
(c) Wetlands reclamation activities for fuller's earth |
353
|
mining undertaken pursuant to chapter 378 shall be considered |
354
|
appropriate mitigation for this part if they maintain or improve |
355
|
the water quality and the function of the biological systems |
356
|
present at the site prior to the commencement of mining |
357
|
activities, unless the site features make such reclamation |
358
|
impracticable, in which case the reclamation must offset the |
359
|
regulated activities' adverse impacts on surface waters and |
360
|
wetlands. |
361
|
(d) Onsite reclamation of the mine pit for limerock and |
362
|
sand mining shall be conducted in accordance with the |
363
|
requirements of chapter 378. |
364
|
1. Mitigation activities for limerock and sand mining must |
365
|
offset the regulated activities' adverse impacts on surface |
366
|
waters and wetlands. Mitigation activities shall be located on |
367
|
site, unless onsite mitigation activities are not feasible, in |
368
|
which case, offsite mitigation as close to the activities as |
369
|
possible shall be required. However, mitigation banking may be |
370
|
an acceptable form of mitigation, whether on or off site, as |
371
|
judged on a case-by-case basis. |
372
|
2. The ratio of mitigation-to-wetlands loss shall be |
373
|
determined on a case-by-case basis and shall be based on the |
374
|
quality of the wetland to be impacted and the type of mitigation |
375
|
proposed. |
376
|
(8)(a) The governing board or the department, in deciding |
377
|
whether to grant or deny a permit for an activity regulated |
378
|
under this part shall consider the cumulative impacts upon |
379
|
surface water and wetlands, as delineated in s. 373.421(1), |
380
|
within the same drainage basin as defined in s. 373.403(9), of: |
381
|
1. The activity for which the permit is sought. |
382
|
2. Projects which are existing or activities regulated |
383
|
under this part which are under construction or projects for |
384
|
which permits or determinations pursuant to s. 373.421 or s. |
385
|
403.914 have been sought. |
386
|
3. Activities which are under review, approved, or vested |
387
|
pursuant to s. 380.06, or other activities regulated under this |
388
|
part which may reasonably be expected to be located within |
389
|
surface waters or wetlands, as delineated in s. 373.421(1), in |
390
|
the same drainage basin as defined in s. 373.403(9), based upon |
391
|
the comprehensive plans, adopted pursuant to chapter 163, of the |
392
|
local governments having jurisdiction over the activities, or |
393
|
applicable land use restrictions and regulations. |
394
|
(b) If an applicant proposes mitigation within the same |
395
|
drainage basin as the adverse impacts to be mitigated, and if |
396
|
the mitigation offsets these adverse impacts, the governing |
397
|
board and department shall consider the regulated activity to |
398
|
meet the cumulative impact requirements of paragraph (a). |
399
|
However:, |
400
|
1. The department, in consultation with the Southwest |
401
|
Florida Water Management District, shall study cumulative |
402
|
impacts of changes in landform and hydrology in the Peace River |
403
|
Basin. The study shall evaluate cumulative impacts of activities |
404
|
conducted in the Peace River Basin prior to state regulation, or |
405
|
pursuant to an exemption, a permit, or a reclamation plan on |
406
|
water resources of the basin, including surface waters, |
407
|
groundwaters, fisheries, aquatic and estuarine habitat, and |
408
|
water supplies. The study shall also include an evaluation of |
409
|
the effectiveness of existing regulatory programs in avoiding, |
410
|
minimizing, mitigating, or compensating for cumulative impacts |
411
|
on water resources of the basin. |
412
|
2. Upon completion of the study, the department shall |
413
|
prepare and adopt a resource management plan for the Peace River |
414
|
Basin to minimize existing and future adverse cumulative impacts |
415
|
to water resources of the basin, including surface waters, |
416
|
groundwaters, wetlands, fisheries, aquatic and estuarine |
417
|
habitat, and water supplies. The plan shall identify regulatory |
418
|
and nonregulatory actions to minimize existing and future |
419
|
adverse cumulative impacts identified in the study and, where |
420
|
appropriate, shall also recommend statutory changes to improve |
421
|
regulatory programs to minimize cumulative impacts to water |
422
|
resources of the basin. |
423
|
3. The resource management plan shall be submitted to the |
424
|
Governor, the Speaker of the House of Representatives, and the |
425
|
President of the Senate no later than January 1, 2005. |
426
|
4. The department may use up to $750,000 from the |
427
|
Nonmandatory Land Reclamation Trust Fund to prepare the study |
428
|
and plan required in this section. |
429
|
5. The department may establish a technical advisory |
430
|
committee to assist the department in developing a plan of |
431
|
study, reviewing interim findings, and reviewing final |
432
|
recommendations. The technical advisory committee may include |
433
|
representatives from the following interests in the Peace River |
434
|
Basin: industrial, mining, agriculture, development, |
435
|
environmental, fishing, regional water supply and local |
436
|
government. |
437
|
|
438
|
This paragraph may not be construed to prohibit mitigation |
439
|
outside the drainage basin which offsets the adverse impacts |
440
|
within the drainage basin. |
441
|
Section 3. Section 378.021, Florida Statutes, is amended |
442
|
to read: |
443
|
378.021 Master reclamation plan.-- |
444
|
(1) The Department of Environmental ProtectionNatural |
445
|
Resources shall amend theadopt by rule, as expeditiously as |
446
|
possible upon receipt of the report of the Land Use Advisory |
447
|
Committee, a master reclamation plan that providesto provide |
448
|
guidelines for the reclamation of lands mined or disturbed by |
449
|
the severance of phosphate rock prior to July 1, 1975, which |
450
|
lands are not subject to mandatory reclamation under part II of |
451
|
chapter 211. In amending thedeveloping saidmaster reclamation |
452
|
plan, the Department of Environmental ProtectionNatural |
453
|
Resources shall continue toconduct an onsite evaluation of all |
454
|
lands mined or disturbed by the severance of phosphate rock |
455
|
prior to July 1, 1975, which lands are not subject to mandatory |
456
|
reclamation under part II of chapter 211, and shall consider the |
457
|
report and plan prepared by the Land Use Advisory Committee |
458
|
under s. 378.011 and submitted to the former Department of |
459
|
Natural Resources for adoption by rule on or before July 1, |
460
|
1979. The master reclamation plan, when amendedadoptedby the |
461
|
Department of Environmental Protection,Natural Resourcesshall |
462
|
be consistent with local government plans prepared pursuant to |
463
|
the Local Government Comprehensive Planning and Land Development |
464
|
Regulation Act. |
465
|
(2) The amendedmaster reclamation plan shall identify |
466
|
which of the lands mined or disturbed by the severance of |
467
|
phosphate rock prior to July 1, 1975, meet the following |
468
|
criteria: |
469
|
(a) The quality of surface waters leaving the land does |
470
|
not meet applicable water quality standards, if any; or, health |
471
|
and safety hazards exist on the land; or, the soil has not |
472
|
stabilized and revegetated; or, the remaining natural resources |
473
|
associated with the land are not being conserved; |
474
|
(b) The environmental or economic utility or aesthetic |
475
|
value of the land would not naturally return within a reasonable |
476
|
time, and reclamation would substantially promote the |
477
|
environmental or economic utility or the aesthetic value of the |
478
|
land; and |
479
|
(c) The reclamation of the land is in the public interest |
480
|
because the reclamation, when combined with other reclamation |
481
|
under the master plan, would provide a substantial regional |
482
|
benefit; and |
483
|
(d) The reclamation of the land is in the public interest |
484
|
because the reclamation, when combined with other reclamation |
485
|
under the master plan, will provide significant benefits to |
486
|
surface water bodies supplying water for environmental and |
487
|
public purposes in those areas of the state where phosphate |
488
|
mining has been permitted. |
489
|
(3) Lands evaluated by the department under subsection (1) |
490
|
which meet the criteria set forth in subsection (2) shall be |
491
|
identified with specificity in the master reclamation plan. |
492
|
Lands evaluated by the department under subsection (1) which do |
493
|
not meet the criteria set forth in subsection (2) shall also be |
494
|
identified with specificity in the master reclamation plan as |
495
|
lands which are acceptable in their present form. |
496
|
(4) Upon adoption of the amendments to themaster |
497
|
reclamation plan as a rule, such plan shall provide the |
498
|
guidelines for approval of reclamation programs for lands |
499
|
covered in the plan, recognizing that reclamation of such lands |
500
|
is not mandatory, but that any payment of costs expended for |
501
|
reclamation paid under s. 378.031 shall be contingent upon |
502
|
conformity with the guidelines set forth in the master |
503
|
reclamation plan. |
504
|
Section 4. Section 378.031, Florida Statutes, is amended |
505
|
to read: |
506
|
378.031 Reclamation or acquisition of nonmandatory lands; |
507
|
legislative intent.--It is the intent of the Legislature to |
508
|
provide an economic incentive to encourage the reclamation of |
509
|
the maximum number of acres of eligible nonmandatory lands in |
510
|
the most timely and efficient manner or the donation or purchase |
511
|
of nonmandatory lands, especially those lands for which |
512
|
reclamation activities will result in significant improvements |
513
|
to surface water bodies of regional importance in those areas of |
514
|
the state where phosphate mining has been permitted. The |
515
|
Legislature recognizes that certain lands mined or disturbed |
516
|
prior to July 1, 1975, have been naturally reclaimed. |
517
|
Section 5. Section 378.035, Florida Statutes, is amended |
518
|
to read: |
519
|
378.035 Department responsibilities and duties with |
520
|
respect to Nonmandatory Land Reclamation Trust Fund.-- |
521
|
(1) The department shall administer the Nonmandatory Land |
522
|
Reclamation Trust Fund. |
523
|
(2)(a) The department shall verify that reclamation |
524
|
activities or portions thereof have been accomplished in |
525
|
accordance with the reclamation contract and shall certify the |
526
|
cost of such reclamation activities to the Comptroller for |
527
|
reimbursement. |
528
|
(b) Beginning in 1985, the department shall determine the |
529
|
maximum dollar amount a landowner may be reimbursed per |
530
|
reclaimed acre under an approved reclamation program. |
531
|
(c) Nothing in this act precludes a landowner from |
532
|
performing the reclamation pursuant to the approved reclamation |
533
|
program, provided the landowner complies with the provisions of |
534
|
this act. |
535
|
(3) If an applicant who has signed a reclamation contract |
536
|
abandons the reclamation program prior to substantial completion |
537
|
of the program, the department may spend the remaining balance |
538
|
of funds not expended under the contract to complete the |
539
|
program. |
540
|
(a) The contract amount and any amounts spent by the |
541
|
department in excess of the remaining balance of the funds under |
542
|
the contract become a lien upon the property, enforceable |
543
|
pursuant to chapter 85. The moneys received as a result of a |
544
|
lien foreclosure or as repayment shall be deposited into the |
545
|
trust fund. |
546
|
(b) If the land acquired pursuant to the lien foreclosure |
547
|
has recreational or wildlife value, the department may retain |
548
|
ownership as with other property acquired pursuant to s. |
549
|
378.036. If the department sells the property, the department |
550
|
shall deposit the proceeds of the sale into the trust fund. |
551
|
(4) Interest on moneys deposited in the Nonmandatory Land |
552
|
Reclamation Trust Fund shall accrue to that fund. |
553
|
(5) On July 1, 2001, $50 million of the unencumberedfunds |
554
|
within the Nonmandatory Land Reclamation Trust Fund are also |
555
|
authorizedreserved for use by the department for the following |
556
|
purposes:. |
557
|
(a) These reserved moneys are to be usedTo reclaim lands |
558
|
disturbed by the severance of phosphate rock on or after July 1, |
559
|
1975, in the event that a mining company ceases mining and the |
560
|
associated reclamation prior to all lands disturbed by the |
561
|
operation being reclaimed. Moneys expended by the department to |
562
|
accomplish reclamation pursuant to this subsection shall become |
563
|
a lien upon the property enforceable pursuant to chapter 85. The |
564
|
moneys received as a result of a lien foreclosure or as |
565
|
repayment shall be deposited into the trust fund. In the event |
566
|
the money received as a result of lien foreclosure or repayment |
567
|
is less than the amount expended for reclamation, the department |
568
|
shall use all means available to recover, for the use of the |
569
|
fund, the difference from the affected parties. Paragraph (3)(b) |
570
|
shall apply to lands acquired as a result of a lien foreclosure. |
571
|
(b) The department may also expend funds from the $50 |
572
|
million reserve fundFor the abatement of an imminent hazard as |
573
|
provided by s. 403.4154(3) and for the purpose of closing an |
574
|
abandoned phosphogypsum stack system and carrying out |
575
|
postclosure care as provided by s. 403.4154(5). Fees deposited |
576
|
in the Nonmandatory Land Reclamation Trust Fund pursuant to s. |
577
|
403.4154(4) may be used for the purposes authorized in this |
578
|
paragraph. However, such fees may only be used at a stack system |
579
|
if closure or imminent-hazard-abatement activities initially |
580
|
commence on or after July 1, 2002. |
581
|
(c)(6)(a) Up to one-half of the interest income accruing |
582
|
to the funds reserved by subsection (5) shall be available to |
583
|
the department annuallyFor the purpose of funding basic |
584
|
management or protection of reclaimed, restored, or preserved |
585
|
phosphate lands: |
586
|
1. Which have wildlife habitat value as determined by the |
587
|
Bureau of Mine Reclamation; |
588
|
2. Which have been transferred by the landowner to a |
589
|
public agency or a private, nonprofit land conservation and |
590
|
management entity in fee simple, or which have been made subject |
591
|
to a conservation easement pursuant to s. 704.06; and |
592
|
3. For which other management funding options are not |
593
|
available. |
594
|
|
595
|
These funds may, after the basic management or protection has |
596
|
been assured for all such lands, be combined with other |
597
|
available funds to provide a higher level of management for such |
598
|
lands. |
599
|
(d)(b) Up to one-half of the interest income accruing to |
600
|
the funds reserved by subsection (5) shall be available to the |
601
|
department annually For the solepurpose of funding the |
602
|
department's implementation of: |
603
|
1. The NPDES permitting program authorized by s. 403.0885, |
604
|
as it applies to phosphate mining and beneficiation facilities, |
605
|
phosphate fertilizer production facilities, and phosphate |
606
|
loading and handling facilities; |
607
|
2. The regulation of dams in accordance with department |
608
|
rule 62-672, Florida Administrative Code; and |
609
|
3. The phosphogypsum management program pursuant to s. |
610
|
403.4154 and department rule 62-673, Florida Administrative |
611
|
Code. |
612
|
|
613
|
On or before August 1 of each fiscal year, the department shall |
614
|
prepare a report presenting the expenditures using the interest |
615
|
income allocated by this section made by the department during |
616
|
the immediately preceding fiscal year, which report shall be |
617
|
available to the public upon request.
|
618
|
(6)(7)Should the nonmandatory land reclamation program |
619
|
encumber all the funds in the Nonmandatory Land Reclamation |
620
|
Trust Fund except those reserved by subsection (5) prior to |
621
|
funding all the reclamation applications for eligible parcels, |
622
|
the funds reserved by subsection (5) shall be available to the |
623
|
program to the extent required to complete the reclamation of |
624
|
all eligible parcels for which the department has received |
625
|
applications. |
626
|
(7)(8)The department may not accept any applications for |
627
|
nonmandatory land reclamation programs after July 1, 2004 |
628
|
November 1, 2008. |
629
|
(8)(9)The Bureau of Mine Reclamation shall review the |
630
|
sufficiency of the Nonmandatory Land Reclamation Trust Fund to |
631
|
support the stated objectives and report to the secretary |
632
|
annually with recommendations as appropriate. The report |
633
|
submittal for calendar year 2008 shall specifically address the |
634
|
effect of providing a future refund of fees paid pursuant to s. |
635
|
403.4154(4) following certification of stack closure pursuant to |
636
|
department rules, and the report shall be submitted to the |
637
|
Governor, the President of the Senate, and the Speaker of the |
638
|
House of Representatives on or before March 1, 2009. |
639
|
(9) The department may, upon its determination, petition |
640
|
the State Board of Administration for the issuance of bonds to |
641
|
carry out its responsibilities pursuant to paragraph (5)(b). |
642
|
The total amount of bonds issued pursuant to this subsection may |
643
|
not exceed $25 million. Revenues credited to the Nonmandatory |
644
|
Land Reclamation Trust Fund shall be used to fund any issuance |
645
|
or debt obligations.
|
646
|
Section 6. Subsection (6) is added to section 378.036, |
647
|
Florida Statutes, to read: |
648
|
378.036 Land acquisitions financed by Nonmandatory Land |
649
|
Reclamation Trust Fund moneys.-- |
650
|
(6)(a) By January 1, 2004, or within 6 months after the |
651
|
date on which funds become available from the Legislature, |
652
|
whichever is later, the Florida Wildlife Federation, Audubon |
653
|
Florida, and Rails-to-Trails Conservancy, in partnership with |
654
|
the Florida Phosphate Council, are authorized to form a |
655
|
nonprofit corporation pursuant to chapter 617 for the purpose of |
656
|
implementing the provisions of this section by creating plans |
657
|
and assisting in the development of recreational opportunities |
658
|
on lands mined for phosphate in the state. The first plans |
659
|
created by the corporation shall concentrate on recreational |
660
|
activities in Hardee and Hamilton Counties that will assist |
661
|
those counties in rural economic development.
|
662
|
(b) The board of directors of the corporation shall be |
663
|
composed of three members. One member shall be designated by the |
664
|
Florida Phosphate Council, one member shall be designated |
665
|
jointly by the Florida Wildlife Federation, Audubon Florida, and |
666
|
Rails-to-Trails Conservancy, and one member shall be chosen by |
667
|
the other two designees.
|
668
|
(c) The business of the corporation shall be conducted by |
669
|
the board of directors or a chief executive officer as the board |
670
|
sees fit in accordance with the provisions of its articles of |
671
|
incorporation and applicable law. The activities of the |
672
|
corporation shall be coordinated with all landowners who have |
673
|
voluntarily agreed to participate in the process as well as any |
674
|
local government where relevant lands are recorded.
|
675
|
(d) An annual report of the activities of the corporation, |
676
|
including a certified audit, shall be presented to the secretary |
677
|
of the Department of Environmental Protection or the secretary's |
678
|
designee by October 31 of each year following its incorporation.
|
679
|
(e) The corporation shall dissolve on January 1, 2009, |
680
|
unless dissolved previously by action of its board of directors |
681
|
or extended by the Legislature. Upon dissolution, any moneys |
682
|
remaining in the accounts of the corporation that are |
683
|
unobligated shall be returned to the funds from which they were |
684
|
appropriated in proportion to the amount contributed. All |
685
|
tangible assets of the corporation at dissolution that were |
686
|
acquired using state funding shall become the property of the |
687
|
Department of Environmental Protection. |
688
|
Section 7. Subsection (5) is added to section 378.101, |
689
|
Florida Statutes, to read: |
690
|
378.101 Florida Institute of Phosphate Research.-- |
691
|
(5) The Florida Institute of Phosphate Research shall |
692
|
conduct a bench and pilot scale study of the institute's |
693
|
dewatering instantaneously with pulp recycle process for the |
694
|
purpose of determining its technical and economic feasibility. |
695
|
The study shall evaluate the availability, technical |
696
|
feasibility, and cost of using various types of fiber, |
697
|
including, but not limited to, paper and sewage sludge. The |
698
|
study shall evaluate the technical feasibility and practicality |
699
|
of various methods of using and disposing of the clay/fiber |
700
|
product produced, including admixing the product with soil.
|
701
|
Section 8. For fiscal year 2003-2004, the sum of $200,000 |
702
|
is appropriated to the Phosphate Research Trust Fund from the |
703
|
proceeds of the phosphate severance tax prior to distribution of |
704
|
funds as specified by s. 211.3103, Florida Statutes, to fund the |
705
|
study required under s. 378.101(5), Florida Statutes. |
706
|
Section 9. Paragraph (g) is added to subsection (1) of |
707
|
section 378.212, Florida Statutes, to read: |
708
|
378.212 Variances.-- |
709
|
(1) Upon application, the secretary may grant a variance |
710
|
from the provisions of this part or the rules adopted pursuant |
711
|
thereto. Variances and renewals thereof may be granted for any |
712
|
one of the following reasons: |
713
|
(g) To accommodate reclamation that provides for water |
714
|
supply development or water resource development, consistent |
715
|
with the applicable regional water supply plan approved pursuant |
716
|
to s. 373.0361, appropriate stormwater management, wildlife |
717
|
habitat, or recreation, provided regional water resources are |
718
|
not adversely affected.
|
719
|
Section 10. Section 403.0613, Florida Statutes, is created |
720
|
to read: |
721
|
403.0613 Environmental Good Samaritan Act.--
|
722
|
(1) Upon declaration by the Governor of an actual or |
723
|
impending environmental emergency, any person or entity acting |
724
|
under the direction of the Department of Environmental |
725
|
Protection shall be immune from civil liability for any act or |
726
|
omission not constituting gross negligence in the course of |
727
|
rendering such assistance.
|
728
|
(2) Persons or entities under contract with the Department |
729
|
of Environmental Protection who provide expeditious professional |
730
|
assistance to prevent, take action regarding, or clean up a |
731
|
declared environmental emergency shall also be immune from civil |
732
|
liability. |
733
|
(3) The immunity provided by this section does not apply |
734
|
to damages as a result of any act or omission unrelated to the |
735
|
original emergency. |
736
|
Section 11. Section 403.162, Florida Statutes, is created |
737
|
to read: |
738
|
403.162 Civil remedy of department; abatement of imminent |
739
|
danger; lien; notice; procedure.--In the event that an owner or |
740
|
operator fails to abate a release or threatened release of any |
741
|
hazardous substance, pollutant, or other contaminant, or abate |
742
|
an imminent danger to the environment or to public health, and |
743
|
the department expends in excess of $1 million on such |
744
|
abatement, the following remedy is provided to the department:
|
745
|
(1) All expenditures made by the department to abate such |
746
|
release, threatened release, or imminent danger shall |
747
|
constitute, in each instance, a debt of the responsible party or |
748
|
parties to the department.
|
749
|
(2) The debt shall constitute a lien on all property of |
750
|
the responsible party or parties, including real, personal, |
751
|
tangible, and intangible property interests. The department may |
752
|
file a notice of lien incorporating a description of the |
753
|
property of the responsible party or parties subject to the |
754
|
abatement action and an identification of the amount of costs |
755
|
expended by the department in performing the abatement action in |
756
|
the public records of the county where the abatement action |
757
|
occurred. To the extent the department intends to create a lien |
758
|
on other assets of the responsible party or parties, such notice |
759
|
may be filed in the same manner and place that is required of |
760
|
federal liens pursuant to s. 713.901. The department may amend |
761
|
and supplement the notice of lien to include amounts comprising |
762
|
the debt expended by the department subsequent to the initial |
763
|
filing of the notice of lien. Upon filing of the notice, the |
764
|
lien, in the amount expended by the department for abatement of |
765
|
the release, threatened release, or other imminent danger, shall |
766
|
attach to all of the revenues and real and personal property of |
767
|
the responsible party or parties, regardless of whether the |
768
|
responsible party or parties are insolvent or are rendered |
769
|
insolvent thereby. A notice of lien filed pursuant to this |
770
|
section that affects the property of a responsible party or |
771
|
parties subject to the abatement action shall create a lien with |
772
|
priority over all other claims or liens that are or have been |
773
|
filed against the property. A notice of lien filed pursuant to |
774
|
this section that affects any property of a responsible party or |
775
|
parties other than the property subject to the abatement action |
776
|
shall have priority from the day of the filing of the notice of |
777
|
the lien over all other claims and liens filed against the |
778
|
property but shall not affect any valid lien, right, or interest |
779
|
in the property filed in accordance with established procedure |
780
|
prior to the filing of a notice of lien pursuant to this |
781
|
subsection.
|
782
|
Section 12. Subsections (2), (3), and (4) of section |
783
|
403.4154, Florida Statutes, are amended, and subsections (6) and |
784
|
(7) are added to said section, to read: |
785
|
403.4154 Phosphogypsum management program.-- |
786
|
(2) REGULATORY PROGRAM.-- |
787
|
(a) It is the intent of the Legislature that the |
788
|
department develop a program for the sound and effective |
789
|
regulation of phosphogypsum stack systems in the state. |
790
|
(b) The department shall adopt rules that prescribe |
791
|
acceptable construction designs for new or expanded |
792
|
phosphogypsum stack systems and that prescribe permitting |
793
|
criteria for operation, closure criteria, long-term-care |
794
|
requirements, and closure financial responsibility requirements |
795
|
for phosphogypsum stack systems. |
796
|
(c) In the event that an owner or operator of a |
797
|
phosphogypsum stack or stack system fails to comply with |
798
|
department rules requiring demonstration of closure financial |
799
|
responsibility, no distribution may be made that would be |
800
|
prohibited under s. 607.06401(3) until the noncompliance is |
801
|
corrected. Whoever willfully, knowingly, or with reckless |
802
|
indifference or gross carelessness violates this prohibition |
803
|
commits a felony of the third degree, punishable as provided in |
804
|
s. 775.082 by a fine of not more than $50,000 or by imprisonment |
805
|
for 5 years for each offense. |
806
|
(3) ABATEMENT OF IMMINENT HAZARD.-- |
807
|
(a) The department may take action to abate or |
808
|
substantially reduce any imminent hazard caused by the physical |
809
|
condition, maintenance, operation, or closure of a phosphogypsum |
810
|
stack system. |
811
|
(b) An imminent hazard exists if the physical condition, |
812
|
maintenance, operation, or closure of a phosphogypsum stack |
813
|
system creates an immediate and substantial danger to human |
814
|
health, safety, or welfare or to the environment. A |
815
|
phosphogypsum stack system is presumed not to cause an imminent |
816
|
hazard if the physical condition and operation of the system are |
817
|
in compliance with all applicable department rules. |
818
|
(c) The failure of an owner or operator of a phosphogypsum |
819
|
stack system to comply with department rules requiring |
820
|
demonstration of financial responsibility with respect to |
821
|
closure may be considered by the department as evidence that a |
822
|
phosphogypsum stack poses an imminent hazard for purposes of |
823
|
initiating actions authorized by paragraph (d). |
824
|
(d)(c) If the department determines that the failure of an |
825
|
owner or operator to comply with department rules requiring |
826
|
demonstration of financial responsibility orthe physical |
827
|
condition, maintenance, operation, or closure of a phosphogypsum |
828
|
stack system poses an imminent hazard, the department shall |
829
|
request access to the property on which such stack system is |
830
|
located from the owner or operator of the stack system for the |
831
|
purposes of taking action to abate or substantially reduce the |
832
|
imminent hazard. If the department, after reasonable effort, is |
833
|
unable to timely obtain the necessary access to abate or |
834
|
substantially reduce the imminent hazard, the department may |
835
|
institute action in its own name, using the procedures and |
836
|
remedies of s. 403.121 or s. 403.131, to abate or substantially |
837
|
reduce an imminent hazard. Whenever serious harm to human |
838
|
health, safety, or welfare, to the environment, or to private or |
839
|
public property may occur prior to completion of an |
840
|
administrative hearing or other formal proceeding that might be |
841
|
initiated to abate the risk of serious harm, the department may |
842
|
obtain from the court, ex parte, an injunction without paying |
843
|
filing and service fees prior to the filing and service of |
844
|
process. |
845
|
(e)(d)To abate or substantially reduce an imminent |
846
|
hazard, the department may take any appropriate action, |
847
|
including, but not limited to, using employees of the department |
848
|
or contracting with other state or federal agencies, with |
849
|
private third-party contractors, or with the owner or operator |
850
|
of the stack system, or financing, compensating, or funding a |
851
|
receiver, trustee, or owner of the stack system, to perform all |
852
|
or part of the work. |
853
|
(f)(e)The department shall recover from the owner or |
854
|
operator of the phosphogypsum stack system to the use of the |
855
|
Nonmandatory Land Reclamation Trust Fund all moneys expended |
856
|
from the fund, including funds expended prior to the effective |
857
|
date of this section, to abate an imminent hazard posed by the |
858
|
phosphogypsum stack system plus a penalty equal to an amount |
859
|
calculated at 30 percent of such funds expended. This penalty |
860
|
shall be imposed annually, and prorated from the date of payment |
861
|
from the fund until the expended funds and the penalty are |
862
|
repaid. If the department prevails in any action to recover |
863
|
funds pursuant to this subsection, it may recover reasonable |
864
|
attorney's fees and costs incurred. Phosphogypsum may not be |
865
|
deposited on a stack until all moneys expended from the fund in |
866
|
connection with the stack have been repaid, unless the |
867
|
department determines that such placement is necessary to abate |
868
|
or avoid an imminent hazard or unless otherwise authorized by |
869
|
the department. |
870
|
(g)(f)The department may impose a lien on the real |
871
|
property on which the phosphogypsum stack system that poses an |
872
|
imminent hazard is located and on the real property underlying |
873
|
and other assets located at associated phosphate fertilizer |
874
|
production facilities equal in amount to the moneys expended |
875
|
from the Nonmandatory Land Reclamation Trust Fund pursuant to |
876
|
paragraph (e)(d), including attorney's fees and court costs. The |
877
|
owner of any property on which such a lien is imposed is |
878
|
entitled to a release of the lien upon payment to the department |
879
|
of the lien amount. The lien imposed by this section does not |
880
|
take priority over any other prior perfected lien on the real |
881
|
property, personal property, or other assets referenced in this |
882
|
paragraph, including, but not limited to, the associated |
883
|
phosphate rock mine and reserves. |
884
|
(4) REGISTRATION FEES.-- |
885
|
(a)1. The owner or operator of each existing phosphogypsum |
886
|
stack who has not provided a performance bond, letter of credit, |
887
|
trust fund agreement, or closure insurance to demonstrate |
888
|
financial responsibility for closure and long-term care shall |
889
|
pay to the department a fee as set forth in this paragraph. All |
890
|
fees shall be deposited in the Nonmandatory Land Reclamation |
891
|
Trust Fund. |
892
|
2. The amount of the fee for each existing stack shall be |
893
|
$75,000 for each of the five 12-month periods following July 1, |
894
|
2001. |
895
|
3. The amount of the fee for any new stack for which the |
896
|
owner or operator has not provided a performance bond, letter of |
897
|
credit, trust fund agreement, or closure insurance to |
898
|
demonstrate financial responsibility for closure and long-term |
899
|
care shall be $75,000 for each of the five 12-month periods |
900
|
following the issuance by the department of a construction |
901
|
permit for that stack. |
902
|
4. Within 30 days after a phosphogypsum stack has been |
903
|
certified as closed pursuant to rule 62-673.620(2) and (3), |
904
|
Florida Administrative Code, the department shall refund to the |
905
|
owner of the closed phosphogypsum stack an amount from the |
906
|
Nonmandatory Land Reclamation Trust Fund equal to the total |
907
|
amount of fee payments made by the owner or operator to the fund |
908
|
in connection with the closed phosphogypsum stack, except that |
909
|
any refund becoming payable prior to July 1, 2009, shall be paid |
910
|
to the owner on or after that date.
|
911
|
(b) On or before August 1 of each year, the department |
912
|
shall provide written notice to each owner of an existing stack |
913
|
of any fee payable for the 12-month period commencing on the |
914
|
immediately preceding July 1. Each owner shall remit the fee to |
915
|
the department on or before August 31 of each year. |
916
|
(6) INTERIM STACK SYSTEM MANAGEMENT PLAN.--
|
917
|
(a) By October 1, 2003, the department shall initiate |
918
|
rulemaking to require that phosphogypsum stack system operation |
919
|
plans required by department rule be amended by adding an |
920
|
interim stack system management (ISSM) plan that provides |
921
|
written instructions for the operation of the system assuming |
922
|
that no phosphoric acid would be produced at the facility for a |
923
|
2-year period. The initial ISSM plan shall be completed as of |
924
|
the first July 1 following the adoption of the rule required by |
925
|
this section. The ISSM plan shall include:
|
926
|
1. A detailed description of process water management |
927
|
procedures that will be implemented to ensure that the stack |
928
|
system operates in accordance with all applicable department |
929
|
permit conditions and rules. The procedures shall address the |
930
|
actual process water levels present at the facility 30 days |
931
|
prior to the completion of the plan and shall assume that the |
932
|
facility will receive annual average rainfall during the 2-year |
933
|
planning period. |
934
|
2. A detailed description of the procedures to be followed |
935
|
for the daily operation and routine maintenance of the stack |
936
|
system, including required environmental sampling and analyses, |
937
|
as well as for any maintenance or repairs recommended following |
938
|
annual inspections of the system. |
939
|
3. Identification of all machinery, equipment, and |
940
|
materials necessary to implement the plan. |
941
|
4. Identification of the sources of power or fuel |
942
|
necessary to implement the plan. |
943
|
5. Identification of the personnel necessary to implement |
944
|
the plan. |
945
|
(b) The ISSM plan shall be updated annually, taking into |
946
|
account process water levels as of June 1 of each year and the |
947
|
existing stack system configuration. |
948
|
(c) The requirements listed in paragraphs (a) and (b) are |
949
|
applicable to all phosphogypsum stack systems except those which |
950
|
have been closed, which are undergoing closure, or for which an |
951
|
application for a closure permit has been submitted pursuant to |
952
|
department rule. |
953
|
(7) PHOSPHOGYPSUM STACK SYSTEM GENERAL CLOSURE PLAN.-- |
954
|
(a) By October 1, 2003, the department shall initiate |
955
|
rulemaking to require that general plans and schedules for the |
956
|
closure of phosphogypsum stack systems include:
|
957
|
1. A description of the physical configuration of the |
958
|
phosphogypsum stack system anticipated at the time of closure at |
959
|
the end of useful life of the system. |
960
|
2. A site-specific water management plan describing the |
961
|
procedures to be employed at the end of the useful life of the |
962
|
system to manage the anticipated volume of process water in an |
963
|
environmentally sound manner. |
964
|
3. An estimate of the cost of management of the |
965
|
anticipated volume of process water in accordance with the site- |
966
|
specific water management plan.
|
967
|
4. A description of all construction work necessary to |
968
|
properly close the system in accordance with department rules. |
969
|
5. An estimate of all costs associated with long-term care |
970
|
of the closed system, including maintenance and monitoring, in |
971
|
accordance with department rules. |
972
|
(b) The department shall revise chapter 62-673, Florida |
973
|
Administrative Code, to require the owner or operator of a |
974
|
phosphogypsum stack management system to demonstrate financial |
975
|
responsibility for the costs of terminal closure of the |
976
|
phosphogypsum stack system in a manner that protects the public |
977
|
health and safety. |
978
|
1. The costs of terminal closure shall be estimated based |
979
|
on the stack system configuration as of the end of its useful |
980
|
life as determined by the owner or operator. |
981
|
2. The owner or operator may demonstrate financial |
982
|
responsibility by use of one or more of the following methods:
|
983
|
a. Bond.
|
984
|
b. Letter of credit.
|
985
|
c. Cash deposit arrangement.
|
986
|
d. Closure insurance.
|
987
|
e. Financial tests.
|
988
|
f. Corporate guarantee.
|
989
|
|
990
|
For the purposes of this section, a “cash deposit arrangement” |
991
|
refers to a trust fund, business or statutory trust, escrow |
992
|
account, or similar cash deposit entity whereby a fiduciary |
993
|
holds and invests funds deposited by the owner or operator, |
994
|
which funds shall be expended only for the purpose of directly |
995
|
implementing all or some portion of phosphogypsum stack system |
996
|
closure requirements of that particular owner or operator. |
997
|
3. A trustee, escrow agent, or other fiduciary of a cash |
998
|
deposit arrangement authorized by this section shall have no |
999
|
liability for any damage or loss of any kind arising out of or |
1000
|
caused by performance of duties imposed by the terms of the |
1001
|
applicable agreement except where such damage or loss is |
1002
|
directly caused by the gross negligence or criminal act of the |
1003
|
trustee, escrow agent, or other fiduciary. In performing its |
1004
|
duties pursuant to the applicable agreement, a trustee, escrow |
1005
|
agent, or other fiduciary shall be entitled to rely upon |
1006
|
information and direction received from the grantor or the |
1007
|
department without independent verification unless such |
1008
|
information and direction are manifestly in error:
|
1009
|
4. To the extent that a cash deposit arrangement is used |
1010
|
to provide proof of financial responsibility for all or a |
1011
|
portion of closure costs, the trust, escrow, or cash arrangement |
1012
|
deposit entity shall be deemed to have assumed all liability for |
1013
|
such closure costs up to the amount of the cash deposit, less |
1014
|
any fees or costs of the trustee, escrow agent, or other |
1015
|
fiduciary. |
1016
|
5. Any funds maintained in a cash deposit arrangement |
1017
|
authorized by this section shall not be subject to claims of |
1018
|
creditors of the owner or operator and shall otherwise be exempt |
1019
|
from setoff, execution, levy, garnishment, and similar writs and |
1020
|
proceedings. |
1021
|
6. Any funds remaining in a trust, escrow account, or |
1022
|
other cash deposit arrangement after the purpose of such cash |
1023
|
deposit arrangement under this section has been accomplished |
1024
|
shall be returned to the grantor. |
1025
|
Section 13. Subsection (2) of section 403.4155, Florida |
1026
|
Statutes, is amended to read: |
1027
|
403.4155 Phosphogypsum management; rulemaking authority.-- |
1028
|
(2) The department shall revise chapter 62-673, Florida |
1029
|
Administrative Code, to require the owner or operator of a |
1030
|
phosphogypsum stack system to demonstrate financial |
1031
|
responsibility for the costs of terminal closure of the |
1032
|
phosphogypsum stack system in a manner that protects the |
1033
|
environment and the public health and safety. At a minimum, such |
1034
|
rules shall include or address the following requirements: |
1035
|
(a) That the cost of closure and long-term care be re- |
1036
|
estimated by a professional engineer and adjusted for inflation |
1037
|
on an annual basis. At a minimum, such cost data shall include:
|
1038
|
1. The cost of treatment and appropriate disposal of all |
1039
|
process wastewater, both ponded and pore, in the system.
|
1040
|
2. All construction work necessary to properly close the |
1041
|
system in accordance with department rules.
|
1042
|
3. All costs associated with long-term care of the closed |
1043
|
system, including maintenance and monitoring, in accordance with |
1044
|
department rules. |
1045
|
(b) That financial statements and financial data be |
1046
|
prepared according to generally accepted accounting principles |
1047
|
within the United States and submitted quarterly. |
1048
|
(c) That audited financial statements be provided annually |
1049
|
along with the statement of financial assurance. |
1050
|
(d) That any owner or operator in default on any of its |
1051
|
obligations report such default immediately. |
1052
|
(e) That an owner or operator shall have the option to |
1053
|
satisfy the financial tests with a corporate guarantee for an |
1054
|
amount that would ensure adequate coverage of closure and |
1055
|
postclosure costs. |
1056
|
(f) A requirement for a 5-year interim stack system |
1057
|
management plan that provides details on the operation of the |
1058
|
specific phosphogypsum stack system, including water management, |
1059
|
should a temporary deactivation of the system occur.By January |
1060
|
31, 2002, the department shall review chapter 62-673, Florida |
1061
|
Administrative Code, to determine the adequacy of the financial |
1062
|
responsibility provisions contained in the rules and shall take |
1063
|
any measures necessary to ensure that the rules provide sound |
1064
|
and effective provisions to minimize risk to the environment and |
1065
|
to public health and safety from the business failure of a |
1066
|
phosphogypsum stack system.
|
1067
|
Section 14. If any provision of this act or the |
1068
|
application thereof to any person or circumstance is held |
1069
|
invalid, the invalidity shall not affect other provisions or |
1070
|
applications of the act which can be given effect without the |
1071
|
invalid provision or application, and to this end the provisions |
1072
|
of this act are declared severable. |
1073
|
Section 15. Except as otherwise provided herein, this act |
1074
|
shall take effect upon becoming a law. |
1075
|
|