Senate Bill sb1462

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1462

    By Senator Lawson





    6-633-03

  1                      A bill to be entitled

  2         An act relating to resource recovery and

  3         management; amending s. 403.703, F.S.; defining

  4         the term "recovered construction and demolition

  5         materials" for purposes of resource recovery

  6         and management; creating s. 403.7047, F.S.;

  7         providing for certification of facilities that

  8         handle recovered construction and demolition

  9         materials; prohibiting local governments from

10         adopting certain ordinances with respect to

11         such facilities and materials; providing for a

12         registration process; authorizing rules;

13         amending s. 403.707, F.S.; requiring facilities

14         at which recovered construction and demolition

15         materials are handled to use scales meeting

16         certain criteria; requiring such facilities to

17         keep records of materials recycled or reused

18         and of materials not recycled or reused;

19         providing an effective date.

20

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

22

23         Section 1.  Present subsections (8) through (44) of

24  section 403.703, Florida Statutes, are renumbered as

25  subsections (9) through (45), respectively, and a new

26  subsection (8) is added to that section, to read:

27         403.703  Definitions.--As used in this act, unless the

28  context clearly indicates otherwise, the term:

29         (8)  "Recovered construction and demolition materials"

30  means materials generated from activity conducted pursuant to

31  a building or demolition permit which are capable of being

                                  1

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






    Florida Senate - 2003                                  SB 1462
    6-633-03




  1  feasibly recycled of beneficially reused. The term includes

  2  plastics, paper, glass, cardboard, textiles, metals, rubber,

  3  wood, masonry products, roofing materials, paving materials,

  4  bricks, rocks, dirt, soil, and concrete. The term does not

  5  require that various types of materials be separated from each

  6  other and recognizes that some amounts of solid waste, in

  7  accordance with industry standards, may be included in the

  8  materials. The department may designate by rule additional

  9  material types that may be feasibly recycled or beneficially

10  reused. Materials described in this subsection are not solid

11  waste if they are not destined for disposal. Materials that

12  would otherwise met the definition of recovered materials in

13  subsection (7) and that are handled by a certified recovered

14  materials dealer are excluded from this definition.

15         Section 2.  Section 403.7047, Florida Statutes, is

16  created to read:

17         403.7047  Regulation of recovered construction and

18  demolition materials.--

19         (1)  The department shall certify a materials recovery

20  facility pursuant to this section if the applicant

21  demonstrates that the facility meets all applicable permitting

22  requirements, including the requirements for scales in s.

23  403.707(12)(k), and further demonstrates that the majority of

24  the recovered construction and demolition materials at the

25  facility has been or will be sold, used, or reused within 1

26  year. The department may adopt rules to implement this

27  subsection, but shall not delay processing of applications for

28  certification pending the adoption of these rules.

29         (2)  A local government may not enact any ordinance or

30  enter into any contract that prevents the holder of a building

31  or demolition permit from entering into a contract to have

                                  2

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






    Florida Senate - 2003                                  SB 1462
    6-633-03




  1  recovered construction and demolition materials collected,

  2  transported, processed, or received if the materials are or

  3  will be delivered to a materials recovery facility that has

  4  been certified by the department under this section.

  5         (3)  A local government may not enact any ordinance

  6  that prevents a properly permitted materials recovery facility

  7  that is certified under this section from accepting

  8  construction and demolition debris from the holder of a

  9  building or demolition permit, or from a transporter

10  collecting the material from the holder of a building or

11  demolition permit provided that the majority of the recovered

12  construction and demolition materials at the facility is

13  demonstrated to be sold, used, or reused within 1 year.

14         (4)  A local government may not require that various

15  types of recovered construction and demolition materials be

16  separated from each other at the permitted building or

17  demolition site.

18         (5)  A local government may establish a registration

19  process whereby persons handling recovered construction and

20  demolition materials must register with the local government

21  before engaging in business within the jurisdiction of the

22  local government. The local government also may establish a

23  reporting process consistent with that established by the

24  department pursuant to this section or s. 403.707. The local

25  government may charge a registration fee commensurate with and

26  no greater than the cost incurred by the local government in

27  operating its registration program. The local government may

28  enter into a nonexclusive franchise for the collection,

29  transportation, and processing of recovered construction and

30  demolition materials, but may not require any materials

31  recovery facility certified under this section to enter into

                                  3

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






    Florida Senate - 2003                                  SB 1462
    6-633-03




  1  such franchise agreement in order to enter into a contract

  2  with any establishment located within the local government's

  3  jurisdiction to purchase, collect, transport, process, or

  4  receive recovered construction and demolition materials. The

  5  local government may impose a franchise fee for the collection

  6  of recovered construction and demolition materials, provided

  7  that the fee is expressed as a rate (i.e., is expressed as a

  8  percentage of revenue derived from the collection of such

  9  materials) and provided that such rate is no greater than that

10  imposed by the local government on solid waste collected

11  within the local government's jurisdiction.

12         (6)  Nothing in this section prohibits a local

13  government from enacting ordinances designed to protect the

14  public's general health, safety, and welfare.

15         (7)  Any local government ordinance relating to

16  recovered construction and demolition materials collection,

17  processing, or recovery must comply with this section. Any

18  local government currently permitting and licensing the

19  exclusive collection, processing, or recycling of recovered

20  construction and demolition materials must comply with this

21  section within 90 days after the effective date of this act.

22         (8)  This subsection does not apply to a

23  recovered-materials processing facility. This subsection does

24  not alter or otherwise affect the list of recovered materials

25  set forth in s. 403.703(7) or the regulation of recovered

26  materials as provided in s. 403.7046.

27         Section 3.  Present paragraph (k) of subsection (12) of

28  section 403.707, Florida Statutes, is redesignated as

29  paragraph (l), and a new paragraph (k) is added to that

30  subsection, to read:

31         403.707  Permits.--

                                  4

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






    Florida Senate - 2003                                  SB 1462
    6-633-03




  1         (12)  The department shall establish a separate

  2  category for solid waste management facilities which accept

  3  only construction and demolition debris for disposal or

  4  recycling. The department shall establish a reasonable

  5  schedule for existing facilities to comply with this section

  6  to avoid undue hardship to such facilities. However, a

  7  permitted solid waste disposal unit which receives a

  8  significant amount of waste prior to the compliance deadline

  9  established in this schedule shall not be required to be

10  retrofitted with liners or leachate control systems.

11  Facilities accepting materials defined in s. 403.703(17)(b)

12  must implement a groundwater monitoring system adequate to

13  detect contaminants that may reasonably be expected to result

14  from such disposal prior to the acceptance of those materials.

15         (k)1.  Any materials-recovery facility for which a

16  permit is required, and any other facility designated by

17  department rule at which a significant amount of construction

18  and demolition debris is sorted, recovered, recycled, or

19  processed for use or reuse, shall use scales that conform with

20  the requirements of chapter 531 and any rules adopted under

21  that chapter. All such facilities shall keep monthly records

22  of the following information: the total weight of materials

23  recovered, recycled, or reused, recorded by category; and the

24  total weight of materials not recovered, recycled, or reused.

25         2.  The department shall implement the requirements of

26  this paragraph by rule, and such requirements shall become

27  effective only after the implementing rules become effective.

28  The department shall establish a reasonable schedule for

29  existing facilities to comply with this paragraph to avoid

30  undue hardship to such facilities. Such rules must designate

31  the types of facilities and the categories of materials for

                                  5

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






    Florida Senate - 2003                                  SB 1462
    6-633-03




  1  which records must be kept pursuant to this paragraph and must

  2  specify requirements relating to reporting such information to

  3  the department.

  4         3.  The designated facilities shall keep detailed

  5  records, including the name and location of the solid waste

  6  disposal facility at which material not recovered, recycled,

  7  or reused is ultimately disposed of. The implementing rules

  8  must specify the requirements for reporting this information

  9  to the department.

10         Section 4.  This act shall take effect upon becoming a

11  law.

12

13            *****************************************

14                          SENATE SUMMARY

15    Requires certification, by the Department of
      Environmental Protection, for facilities at which
16    recovered construction and demolition materials, as
      defined, are handled for recycling, reuse, or other
17    processing. Prohibits local governments from adopting
      ordinances or entering contracts that interfere with
18    receipt of such materials by such facilities after they
      have received such certification or that require certain
19    processing of such materials. Allows local governments to
      institute a registration process and to impose a
20    franchise fee as long as the fee meets specified
      requirements. Requires facilities handling recovered
21    construction and demolition materials to use scales
      complying with state law and requires records to be kept
22    of materials recovered, recycled, or reused and those
      which are not.
23

24

25

26

27

28

29

30

31

                                  6

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