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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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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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
14-335-04
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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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