Senate Bill sb0696

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    Florida Senate - 2004                                   SB 696

    By Senator Smith





    14-335-04

  1                      A bill to be entitled

  2         An act relating to establishment of a

  3         performance-based environmental permitting

  4         system; creating s. 403.0874, F.S.; providing

  5         an act name; providing legislative findings;

  6         providing purposes; providing definitions;

  7         providing compliance incentives for certain

  8         environmental permitting activities; providing

  9         requirements and limitations; requiring the

10         Department of Environmental Protection to adopt

11         certain rules; providing for consequences for

12         certain noncompliance with certain permitting

13         decisions; providing for agency consideration

14         of an applicant's compliance history for

15         certain purposes; providing limitations;

16         providing for consideration of civil or

17         criminal violations; providing for permit

18         application denials under certain

19         circumstances; providing for limited

20         application approval under certain

21         circumstances; providing for limited permit

22         approvals; providing for reporting forms;

23         providing form information and structure

24         requirements; providing rulemaking authority

25         for the department; requiring agency

26         notification of formal enforcement actions;

27         providing notice requirements; providing

28         construction relating to existing agency

29         authority; specifying nonapplication to certain

30         general permits; amending ss. 403.087,

31         403.0872, 403.088, and 403.707, F.S.; revising

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 1         criteria for department permit issuance to

 2         conform; amending s. 403.703, F.S.; correcting

 3         a cross-reference; amending ss. 373.413 and

 4         161.041, F.S.; specifying application of the

 5         Performance-based Permitting Program; providing

 6         an effective date.

 7  

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

 9  

10         Section 1.  Section 403.0874, Florida Statutes, is

11  created to read:

12         403.0874  Performance-based Permitting Program.--

13         (1)  SECTION NAME.--This section may be cited as the

14  "Performance-based Permitting Act."

15         (2)  LEGISLATIVE FINDINGS; PUBLIC PURPOSE.--

16         (a)  The Legislature finds and declares that a permit

17  applicant's history of compliance or noncompliance with

18  environmental laws and permit conditions is a factor that

19  should be considered by the department when the department

20  determines whether to issue or reissue a permit to an

21  applicant.

22         (b)  Permit applicants with a history of compliance

23  with the environmental laws and permit conditions should be

24  eligible for longer permits, expedited permit reviews,

25  short-form permit renewals, and other incentives to reward and

26  encourage such applicants.

27         (c)  Permit applicants with a history of noncompliance

28  with the environmental laws and permit conditions should be

29  subject to more stringent requirements and, in some cases,

30  such applicants should be denied permits for a period of time

31  until their good standing can be reestablished.

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 1         (d)  It is therefore declared to be the purpose of this

 2  act to provide the department with clear and specific

 3  authority to consider the compliance history of permit

 4  applicants, and in some cases those who control the

 5  applicants, when evaluating whether the applicant has provided

 6  reasonable assurance that the applicant can and will comply

 7  with applicable laws, rules, and permit conditions applicable

 8  to the regulated activity.

 9         (3)  DEFINITIONS.--As used in this section, the term:

10         (a)  "Applicant" means the proposed permittee or

11  transferee, owner, or operator of a regulated activity seeking

12  an agency permit. If an applicant has not held an agency

13  permit during at least 4 of the 5 years preceding submittal of

14  the permit application, the term also includes any person who

15  has the legal or actual authority to control the proposed

16  permittee, transferee, owner, or operator.

17         (b)  "Agency" or "department" means the Department of

18  Environmental Protection.

19         (c)  "Agency laws" means chapter 161, part IV of

20  chapter 373, and this chapter.

21         (d)  "Environmental laws" means any state or federal

22  law that regulates activities for the purpose of protecting

23  the environment or for the purpose of protecting the public

24  health from pollution or contaminants, but does not include

25  any law that regulates activities only for the purpose of

26  zoning, growth management, or land use.

27         (e)  "Formal enforcement action" means full and final

28  adjudication of a civil action by the agency. The term also

29  applies with respect to a criminal charge filed against the

30  applicant, including those officers, directors, trustees,

31  partners, or employees of the applicant who have legal or

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 1  actual operational control over a department-regulated

 2  activity for an environmental offense that the applicant has

 3  been convicted of or pled guilty or nolo contendere to,

 4  regardless of whether adjudication is withheld.

 5         (f)  "Knowing" means awareness of the nature of a

 6  person's acts, not awareness that such acts violate the law.

 7  The term does not include conduct that is the result of an act

 8  of God, mechanical failure, events beyond the control of the

 9  applicant, an accident, or a mistake of fact. Knowing

10  violations by an applicant include, but are not limited to,

11  violations knowingly committed by those officers, directors,

12  trustees, partners, or employees of the applicant who have

13  legal or actual operational control over department-regulated

14  activity.

15         (g)  "Reasonable assurance" means the existence of a

16  substantial likelihood, although not an absolute guarantee,

17  that the proposed activity and applicant will comply with

18  agency rules, laws, orders, and permit conditions.

19         (h)  "Regulated activity" means any activity,

20  including, but not limited to, the construction or operation

21  of a facility, installation, system, or project for which a

22  permit or certification is required under an agency law.

23         (i)  "Site" means a single parcel, or multiple

24  contiguous or adjacent parcels, of land on which the applicant

25  proposes to conduct, or has conducted, a regulated activity. A

26  site is a new site if the applicant has not held an agency

27  permit for a regulated activity at that location for at least

28  4 of the 5 years preceding submission of an application.

29         (4)  COMPLIANCE INCENTIVES.--In order to obtain a

30  compliance incentive, the applicant must affirmatively request

31  it as part of the permit application. Unless otherwise

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 1  prohibited by state or federal law, agency rule, or federal

 2  regulation, and if the applicant meets all other applicable

 3  criteria for the issuance of a permit, any applicant who meets

 4  the criteria set forth in this subsection is entitled to the

 5  following incentives:

 6         (a)  Tier 1.--

 7         1.  An applicant is entitled to incentives pursuant to

 8  this paragraph at a site if the applicant conducted the

 9  regulated activity for at least 4 of the 5 years preceding

10  submittal of the permit application or, if the activity is a

11  new regulated activity, the applicant conducted a similar

12  regulated activity under an agency permit for at least 4 of

13  the 5 years at a different site in this state preceding

14  submittal of the permit application. However, an applicant is

15  not entitled to incentives under this paragraph if the

16  applicant has a relevant compliance history at the subject

17  site which includes any of the following violations that

18  resulted in formal enforcement action:

19         a.  A knowing violation of any agency law, rule,

20  consent order, final order, or final judgment;

21         b.  An environmental crime; or

22         c.  Two or more knowing violations of the permit

23  occurring on two or more separate occasions, and resulting in

24  two or more formal enforcement actions, in which the violation

25  resulted in significant harm to human health or the

26  environment.

27         2.  Tier 1 incentives may include:

28         a.  Automatic renewal of permit. A renewal of an

29  operation or closure permit shall be issued for a period of 5

30  years and shall, after notice and an opportunity for public

31  comment, be automatically renewed for one additional 5-year

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 1  term without agency action unless the agency determines, based

 2  on information submitted by the applicant or resulting from

 3  the public comments or its own records, that the applicant has

 4  committed violations or crimes during the relevant review

 5  period which disqualify the applicant from receiving the

 6  requested extension.

 7         b.  Expedited permit review. The processing time

 8  following receipt of a completed application shall be 45 days

 9  for the issuance of the agency action.

10         c.  Short-form renewals. Renewals of operation or

11  closure permits not involving substantial construction or

12  expansion may be made upon a shortened application form

13  specifying only the changes in the regulated activity or a

14  certification by the applicant that no changes in the

15  regulated activity are proposed if that is the case.

16  Applicants for short-form renewals must complete and submit

17  the prescribed compliance form with the application and must

18  remain subject to the compliance history review of this

19  section. All other procedural requirements for renewal

20  applications remain unchanged. This provision supplements any

21  expedited review processes found in agency rules.

22         (b)  Tier 2.--An applicant is entitled to incentives

23  pursuant to this paragraph if the applicant meets the

24  requirements for Tier 1 and the applicant takes other actions

25  not otherwise required by law which significantly reduce

26  threats or impacts to the environment or public health. Such

27  actions may include reductions in actual or permitted

28  discharges or emissions, reductions in the impacts of

29  regulated activities on public lands or natural resources,

30  waste reduction or reuse, implementation of a voluntary

31  environmental management system, or other similar actions as

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 1  determined by department rule. Tier 2 incentives may include

 2  all Tier 1 incentives and may also include:

 3         1.  Ten-year permits, if the applicant has conducted a

 4  regulated activity at the site for at least 5 years.

 5         2.  Fewer routine inspections than other regulated

 6  activities similarly situated.

 7         3.  Expedited review of requests for permit

 8  modifications.

 9         4.  Agency recognition, program-specific incentives, or

10  certifications in lieu of renewal permits.

11         5.  Not more than two requests for additional

12  information.

13         (c)  Within 6 months after January 1, 2005, the

14  department shall initiate rulemaking to implement Tier 2

15  incentives. The rule must specify what incentives will be made

16  available, how applicants may qualify for incentives, how

17  extended permits may be transferred and the limitations on

18  transfer, and how incentives may be removed or revoked if the

19  applicant's compliance history changes. Until an implementing

20  rule is adopted, Tier 2 incentives shall not be made available

21  to permit applicants under this act.

22         (5)  CONSEQUENCES OF NONCOMPLIANCE ON AGENCY PERMITTING

23  DECISIONS.--The agency shall consider the applicant's relevant

24  compliance history, as described in this subsection, when

25  determining whether a permit applicant has provided reasonable

26  assurance of future compliance with applicable agency laws,

27  rules, and conditions of the requested permit. This subsection

28  is not intended to conflict with any requirement of any

29  federally delegated or approved program.

30         (a)  The applicant's relevant compliance history

31  consists of the applicant's knowing violation of civil and

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 1  criminal environmental laws, rules, consent orders, final

 2  orders, or final judgments, with the following limitations:

 3         1.  Each criminal violation must have occurred during

 4  the 5 years preceding submission of the permit application to

 5  the agency.

 6         2.  Each knowing civil violation must have resulted in

 7  formal enforcement action during the 3 years preceding the

 8  submission of the permit application to the agency.

 9         3.  If the application is for the renewal of an agency

10  permit, except for a permit for a relocatable facility,

11  source, or activity or a permit at any site other than a new

12  site, the agency shall consider only the applicant's knowing

13  violations at that site and the applicant's environmental

14  felony offenses at any site in the country.

15         4.  If the application is for a new permit at a new

16  site or any permit for a relocatable facility or source, the

17  agency shall consider the applicant's knowing violations at

18  any site conducting the same activity regulated by the

19  department in this state and the applicant's environmental

20  felony offenses at any site in the country.

21         (b)  The agency may consider any full and finally

22  adjudicated civil violations as authorized in this subsection.

23         (c)  If the applicant's relevant compliance history

24  includes knowing civil or criminal violations as specified in

25  paragraph (a), the agency shall consider and weigh the

26  following factors in order to evaluate such violations in the

27  context of the applicant's overall compliance history and to

28  determine whether the applicant has provided, on balance,

29  reasonable assurance of future compliance with agency laws,

30  rules, and the proposed permit:

31  

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 1         1.  The number of knowing violations and the

 2  seriousness of such violations in relation to the industry

 3  norm and history for the activity regulated by the department.

 4         2.  The number of other similar facilities controlled

 5  by the applicant.

 6         3.  The number and complexity of any permits held by

 7  the applicant and the statistical potential for violations to

 8  occur.

 9         4.  Whether the knowing violations involved regulatory

10  programs that are the same as, or similar to, the regulatory

11  program from which the permit is being requested.

12         5.  Whether the knowing violations involved activities

13  that are the same as, similar to, or related to the regulated

14  activity for which a permit is being requested.

15         6.  Whether the knowing violations resulted in harm to

16  human health or the environment and the extent of such harm.

17         7.  Whether the applicant has implemented an approach

18  or remedial measures that are effectively designed to prevent

19  a recurrence of the knowing violations or crimes.

20         8.  Whether the facility for which a permit is being

21  requested provides or proposes to provide utility services to

22  the public or serves a similar public purpose.

23         9.  What effect denying a permit application would have

24  on the applicant and the public at large.

25         (d)  If the applicant's relevant compliance history

26  includes one or more of the knowing violations or offenses

27  described in this paragraph, the agency may determine, subject

28  to the notification requirements in subsection (8), that the

29  applicant has not provided reasonable assurance and may deny

30  the permit application and the applicant is not entitled to

31  apply for a permit for that regulated activity for a period of

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 1  1 year from the time a final order denying the permit has been

 2  entered:

 3         1.  A felony criminal violation of any environmental

 4  law in the United States;

 5         2.  A knowing violation of an agency law, rule, consent

 6  order, final order, or final judgment that would constitute a

 7  felony if prosecuted as a crime;

 8         3.  A knowing violation of an agency law, rule, consent

 9  order, final order, or final judgment that would constitute a

10  misdemeanor if prosecuted as a crime;

11         4.  A violation involving the intentional circumvention

12  of pollution control equipment required by agency rules, laws,

13  orders, or permit conditions;

14         5.  A violation involving the knowing failure to

15  install, maintain, or operate any monitoring device or method

16  required to be maintained by agency rules, laws, orders, or

17  permit conditions;

18         6.  A violation involving the knowing submittal of any

19  false statement, representation, or certification in any

20  application, record, report, plan, or other document filed or

21  required to be maintained by agency rules, laws, orders, or

22  permit conditions; or

23         7.  A violation involving falsifying, tampering with,

24  or knowingly rendering inaccurate any monitoring device or

25  method required to be maintained by agency rules, laws,

26  orders, or permit conditions.

27         (e)  If the applicant's relevant compliance history

28  demonstrates a pattern of noncompliance, the agency may issue

29  a permit, not to exceed 1 year in duration, if the applicant

30  satisfies all other reasonable assurance requirements. A

31  pattern of noncompliance exists when the applicant is

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 1  responsible for two or more environmental crimes, knowing

 2  civil violations, or a combination thereof, occurring on two

 3  or more separate occasions and resulting in two or more formal

 4  enforcement actions in which the violation resulted in a

 5  significant harm to human health or the environment within a

 6  5-year period. Any civil violation specifically identified in

 7  the Environmental Litigation Reform Act, as set forth in s.

 8  403.121, may not be considered, unless the violation was also

 9  a knowing violation.

10         1.  The agency shall include a statement in the formal

11  enforcement action that the agency has determined that the

12  applicant has a pattern of noncompliance and that this

13  determination has formed the basis for issuing subsequent

14  permits for a period not to exceed 1 year. This probationary

15  and limited duration permit shall cease and a standard

16  duration permit issued upon a demonstration that the applicant

17  has implemented an approach, program, or remedial measure that

18  is effectively designed to prevent a recurrence of the

19  noncompliance. The agency shall also include a notification in

20  its notice of intended agency action following a determination

21  of a pattern of noncompliance that the permit could be revoked

22  or an application to renew the permit could be denied if the

23  pattern of noncompliance continues.

24         2.  If, at the time of permit renewal following notice

25  of a determination of a pattern of noncompliance, the agency

26  determines that the applicant committed one or more relevant

27  violations enumerated in this paragraph resulting in a

28  continuing pattern of noncompliance, the agency shall deny the

29  permit application, and the applicant is not entitled to apply

30  for a permit for that regulated activity for a period of 6

31  months from the time a final order denying the permit has been

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 1  entered. This probationary and limited duration permit shall

 2  cease and a standard duration permit issued upon a

 3  demonstration that the applicant has implemented an approach,

 4  program, or remedial measure that is effectively designed to

 5  prevent a recurrence of the noncompliance.

 6         (f)  If the agency denies a permit application in

 7  accordance with this subsection for a permit that includes

 8  closure, postclosure, or corrective action requirements, the

 9  agency may deny that portion of the permit authorizing

10  operation and may issue a permit that contains only the

11  closure, postclosure, or corrective action requirements and

12  conditions.

13         (6)  REPORTING FORM.--The agency shall establish a

14  form, by rule, to be used for the purpose of administering

15  this section. Every permit application subject to this section

16  which is submitted to the agency must be accompanied by this

17  completed form in order to be considered complete. During the

18  permit review process, the information on the form shall be

19  updated by the applicant to reflect any changes until such

20  time as the agency takes final action on the application. The

21  form must include the following:

22         (a)  A section requiring every applicant to report the

23  relevant criminal history of the applicant, including the

24  nature of the offense, the date of the offense, the court

25  having jurisdiction in the case, the date of conviction or

26  other disposition, and the disposition of the offense.

27         (b)  A section requiring every applicant that is a

28  business entity and that has not held an agency permit during

29  4 of the 5 years preceding submittal of the permit application

30  to identify those persons having legal or actual authority to

31  control the owner, operator, or permittee. The form may

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 1  specify categories of persons having such authority and other

 2  relevant information that must be reported. The form may not

 3  require an applicant to report violations or offenses that are

 4  not part of the relevant compliance history specified in

 5  paragraph (4)(a).

 6         (7)  RULEMAKING.--In addition to the rulemaking

 7  necessary to adopt the form identified in subsection (6) and

 8  to implement the Tier 2 incentives of subsection (4), the

 9  agency is authorized, but not required, to adopt any other

10  rules that are necessary to administer this section, including

11  rules providing for appropriate public notice and comment.

12         (8)  NOTIFICATION.--The agency is encouraged to work

13  with permittees and permit applicants prior to taking any of

14  the actions authorized under this section in order to

15  encourage compliance and avoid overly burdensome consequences

16  of noncompliance. In each case in which the agency initiates a

17  formal enforcement action and prior to implementing the

18  sanctions outlined in this section, the agency shall clearly

19  and specifically:

20         (a)  Inform the alleged violator if the provisions of

21  this section have been triggered.

22         (b)  Put the alleged violator on notice of the

23  consequences of the violations and the potential consequences

24  of continuing noncompliance.

25         (9)  EXISTING AUTHORITY.--This section does not limit

26  the agency's existing authority to consider factors other than

27  an applicant's compliance history, such as the technical

28  merits of the proposed project or the applicant's financial

29  and human resources, when determining whether the applicant

30  has provided the reasonable assurance necessary to receive the

31  requested permit.

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 1         (10)  INAPPLICABLE TO GENERAL PERMITS.--This section

 2  does not apply to general permits issued in accordance with s.

 3  403.814. However, the agency may continue to use its existing

 4  authority to consider the compliance history of those wishing

 5  to use general permits.

 6         Section 2.  Subsection (5) of section 403.087, Florida

 7  Statutes, is amended to read:

 8         403.087  Permits; general issuance; denial; revocation;

 9  prohibition; penalty.--

10         (5)  The department shall issue permits to construct,

11  operate, maintain, expand, or modify an installation which may

12  reasonably be expected to be a source of pollution only if the

13  applicant affirmatively provides the department with

14  reasonable assurance that the proposed activity and applicant

15  will comply with department rules, laws, orders, and permit

16  conditions when it determines that the installation is

17  provided or equipped with pollution control facilities that

18  will abate or prevent pollution to the degree that will comply

19  with the standards or rules adopted by the department, except

20  as provided in s. 403.088 or s. 403.0872. The compliance

21  history of the applicant is one factor that the department

22  shall consider in determining whether the applicant has

23  provided such reasonable assurance. However, separate

24  construction permits shall not be required for installations

25  permitted under s. 403.0885, except that the department may

26  require an owner or operator proposing to construct, expand,

27  or modify such an installation to submit for department

28  review, as part of application for permit or permit

29  modification, engineering plans, preliminary design reports,

30  or other information 90 days prior to commencing construction.

31  The department may also require the engineer of record or

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 1  another registered professional engineer, within 30 days after

 2  construction is complete, to certify that the construction was

 3  completed in accordance with the plans submitted to the

 4  department, noting minor deviations which were necessary

 5  because of site-specific conditions.

 6         Section 3.  Subsection (2) of section 403.0872, Florida

 7  Statutes, is amended to read:

 8         403.0872  Operation permits for major sources of air

 9  pollution; annual operation license fee.--Provided that

10  program approval pursuant to 42 U.S.C. s. 7661a has been

11  received from the United States Environmental Protection

12  Agency, beginning January 2, 1995, each major source of air

13  pollution, including electrical power plants certified under

14  s. 403.511, must obtain from the department an operation

15  permit for a major source of air pollution under this section.

16  This operation permit is the only department operation permit

17  for a major source of air pollution required for such source;

18  provided, at the applicant's request, the department shall

19  issue a separate acid rain permit for a major source of air

20  pollution that is an affected source within the meaning of 42

21  U.S.C. s. 7651a(1). Operation permits for major sources of air

22  pollution, except general permits issued pursuant to s.

23  403.814, must be issued in accordance with the procedures

24  contained in this section and in accordance with chapter 120;

25  however, to the extent that chapter 120 is inconsistent with

26  the provisions of this section, the procedures contained in

27  this section prevail.

28         (2)  An application for an operation permit for a major

29  source of air pollution must be submitted in accordance with

30  rules of the department governing permit applications. The

31  department shall adopt rules defining the timing, content, and

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 1  distribution of an application for a permit under this

 2  section. A permit application processing fee is not required.

 3  The department may issue an operation permit for a major

 4  source of air pollution only if the applicant affirmatively

 5  provides the department with reasonable assurance that the

 6  proposed activity and applicant are in compliance with and

 7  will continue to comply with department rules, laws, orders,

 8  and permit conditions when it has reasonable assurance that

 9  the source applies pollution control technology, including

10  fuel or raw material selection, necessary to enable it to

11  comply with the standards or rules adopted by the department

12  or the permit contains an approved compliance plan that

13  provides such reasonable assurance for that source. The

14  compliance history of the applicant is one factor that the

15  department shall consider in determining whether the applicant

16  has provided such reasonable assurance. If two or more major

17  air pollution sources that belong to the same Major Group as

18  described in the Standard Industrial Classification Manual,

19  1987, are operated at a single site, the owner may elect to

20  receive a single operation permit covering all such sources at

21  the site.

22         (a)  An application for a permit under this section is

23  timely and complete if it is submitted in accordance with

24  department rules governing the timing of applications and

25  substantially addresses the information specified in

26  completeness criteria determined by department rule in

27  accordance with applicable regulations of the United States

28  Environmental Protection Agency governing the contents of

29  applications for permits under 42 U.S.C. s. 7661b(d). Unless

30  the department requests additional information or otherwise

31  

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 1  notifies the applicant of incompleteness within 60 days after

 2  receipt of an application, the application is complete.

 3         (b)  Any permitted air pollution source that submits a

 4  timely and complete application for a permit under this

 5  section is entitled to operate in compliance with its existing

 6  air permit pending the conclusion of proceedings associated

 7  with its application. Notwithstanding the timing requirements

 8  of paragraph (c) and subsection (3), the department may

 9  process applications received during the first year of permit

10  processing under this section, in a manner consistent with 42

11  U.S.C. s. 7661b(c).

12         (c)  The department may request additional information

13  necessary to process a permit application subsequent to a

14  determination of completeness in accordance with s.

15  403.0876(1).

16         Section 4.  Paragraph (b) of subsection (2) of section

17  403.088, Florida Statutes, is amended to read:

18         403.088  Water pollution operation permits;

19  conditions.--

20         (2)

21         (b)  The department may issue a permit only if the

22  applicant affirmatively provides the department with

23  reasonable assurance that the proposed activity and applicant

24  will comply with department rules, laws, orders, and permit

25  conditions. The compliance history of the applicant is one

26  factor that the department shall consider in determining

27  whether the applicant has provided such reasonable assurance.

28  If the department finds that the proposed discharge will

29  reduce the quality of the receiving waters below the

30  classification established for them, it shall deny the

31  application and refuse to issue a permit. If the department

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    Florida Senate - 2004                                   SB 696
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 1  finds that the proposed discharge will not reduce the quality

 2  of the receiving waters below the classification established

 3  for them, it may issue an operation permit if it finds that

 4  such degradation is necessary or desirable under federal

 5  standards and under circumstances which are clearly in the

 6  public interest.

 7         Section 5.  Paragraph (b) of subsection (17) of section

 8  403.703, Florida Statutes, is amended to read:

 9         403.703  Definitions.--As used in this act, unless the

10  context clearly indicates otherwise, the term:

11         (17)  "Construction and demolition debris" means

12  discarded materials generally considered to be not

13  water-soluble and nonhazardous in nature, including, but not

14  limited to, steel, glass, brick, concrete, asphalt roofing

15  material, pipe, gypsum wallboard, and lumber, from the

16  construction or destruction of a structure as part of a

17  construction or demolition project or from the renovation of a

18  structure, and including rocks, soils, tree remains, trees,

19  and other vegetative matter that normally results from land

20  clearing or land development operations for a construction

21  project, including such debris from construction of structures

22  at a site remote from the construction or demolition project

23  site. Mixing of construction and demolition debris with other

24  types of solid waste will cause it to be classified as other

25  than construction and demolition debris. The term also

26  includes:

27         (b)  Except as provided in s. 403.707(11)(j) s.

28  403.707(12)(j), unpainted, nontreated wood scraps from

29  facilities manufacturing materials used for construction of

30  structures or their components and unpainted, nontreated wood

31  pallets provided the wood scraps and pallets are separated

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    Florida Senate - 2004                                   SB 696
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 1  from other solid waste where generated and the generator of

 2  such wood scraps or pallets implements reasonable practices of

 3  the generating industry to minimize the commingling of wood

 4  scraps or pallets with other solid waste; and

 5         Section 6.  Subsection (8) of section 403.707, Florida

 6  Statutes, is amended, and subsections (9)-(16) are renumbered

 7  as subsections (8)-(15), respectively, to read:

 8         403.707  Permits.--

 9         (8)  The department may refuse to issue a permit to an

10  applicant who by past conduct in this state has repeatedly

11  violated pertinent statutes, rules, or orders or permit terms

12  or conditions relating to any solid waste management facility

13  and who is deemed to be irresponsible as defined by department

14  rule. For the purposes of this subsection, an applicant

15  includes the owner or operator of the facility, or if the

16  owner or operator is a business entity, a parent of a

17  subsidiary corporation, a partner, a corporate officer or

18  director, or a stockholder holding more than 50 percent of the

19  stock of the corporation.

20         Section 7.  Subsection (6) is added to section 373.413,

21  Florida Statutes, to read:

22         373.413  Permits for construction or alteration.--

23         (6)  Section 403.0874, the Performance-based Permitting

24  Program, applies to individual and conceptual permits issued

25  under this part.

26         Section 8.  Subsection (5) is added to section 161.041,

27  Florida Statutes, to read:

28         161.041  Permits required.--

29         (5)  Section 403.0874, the Performance-based Permitting

30  Program, applies to all permits issued under this chapter.

31         Section 9.  This act shall take effect January 1, 2005.

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    Florida Senate - 2004                                   SB 696
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides compliance incentives for certain environmental
      permitting activities. Requires the Department of
 4    Environmental Protection to adopt certain rules. Provides
      for consequences for certain noncompliance with certain
 5    permitting decisions. Provides for agency consideration
      of applicant's compliance history for certain purposes.
 6    Provides for permit application denials under certain
      circumstances.
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