Senate Bill sb0824

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 824

    By Senator Crist

    12-515-05                                               See HB

  1                      A bill to be entitled

  2         An act relating to waste-to-energy facilities;

  3         amending s. 403.7061, F.S.; requiring counties

  4         with waste-to-energy facilities to implement a

  5         solid waste management and recycling program

  6         under certain circumstances; deleting a permit

  7         requirement for a waste-to-energy facility;

  8         providing an effective date.


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


12         Section 1.  Section 403.7061, Florida Statutes, is

13  amended to read:

14         403.7061  Requirements for review of new

15  waste-to-energy facility capacity by the Department of

16  Environmental Protection.--

17         (1)  The Legislature recognizes the need to use an

18  integrated approach to municipal solid waste management.

19  Accordingly, the solid waste management legislation adopted in

20  1988 was guided by policies intended to foster integrated

21  solid waste management by using waste reduction, recycling,

22  waste-to-energy facilities, and landfills. Progress is being

23  made in the state using this integrated approach to municipal

24  solid waste management, and this approach should be continued.

25  Waste-to-energy facilities will continue to be an integral

26  part of the state's solid waste management practices. However,

27  the state is committed to achieving its recycling and waste

28  reduction goals and must ensure that waste-to-energy

29  facilities are fully integrated with the state's waste

30  management goals. Therefore, the Legislature finds that the

31  department should evaluate applications for waste-to-energy


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    Florida Senate - 2005                                   SB 824
    12-515-05                                               See HB

 1  facilities in accordance with the new criteria in subsection

 2  (3) to confirm that the facilities are part of an integrated

 3  waste management plan.

 4         (2)  Notwithstanding any other provisions of state law,

 5  the department shall not issue a construction permit or

 6  certification to build a waste-to-energy facility or expand an

 7  existing waste-to-energy facility unless the facility meets

 8  the requirements set forth in subsection (3). Any construction

 9  permit issued by the department between January 1, 1993, and

10  May 12, 1993, which does not address these new requirements

11  shall be invalid. These new requirements do not apply to the

12  issuance of permits or permit modifications to retrofit

13  existing facilities with new or improved pollution control

14  equipment to comply with state or federal law. The department

15  shall initiate rulemaking to incorporate the criteria in

16  subsection (3) into its permit review process.

17         (3)  An applicant must provide reasonable assurance

18  that the construction of a new waste-to-energy facility or the

19  expansion of an existing waste-to-energy facility will comply

20  with the following criteria subsections:

21         (a)  The facility is a necessary part of the local

22  government's integrated solid waste management program in the

23  jurisdiction where the facility is located and cannot be

24  avoided through feasible and practical efforts to use

25  recycling or waste reduction.

26         (b)  The use of capacity at existing waste-to-energy

27  facilities within reasonable transportation distance of the

28  proposed facility must have been evaluated and found not to be

29  economically feasible when compared to the use of the proposed

30  facility for the expected life of the proposed facility. This

31  paragraph does not apply to:


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

    Florida Senate - 2005                                   SB 824
    12-515-05                                               See HB

 1         1.  Applications to build or expand waste-to-energy

 2  facilities received by the department before March 1, 1993, or

 3  amendments to such applications that do not increase

 4  combustion capacity beyond that requested as of March 1, 1993;

 5  or

 6         2.  Any modification to waste-to-energy facility

 7  construction or operating permits or certifications or

 8  conditions thereto, including certifications under ss.

 9  403.501-403.518, that do not increase combustion capacity

10  above that amount applied for before March 1, 1993.

11         (c)  The county in which the facility is located has

12  implemented a solid waste management and recycling program

13  that is designed to will achieve the 30-percent waste

14  reduction goal set forth in s. 403.706(4) by the time the

15  facility begins operation. For the purposes of this section,

16  the provisions of s. 403.706(4)(c) for counties with

17  populations of 75,000 or less do not apply.

18         (d)  The local government in which the facility is

19  located has implemented a mulching, composting, or other waste

20  reduction program for yard trash.

21         (e)  The local governments served by the facility will

22  have implemented or participated in a separation program

23  designed to remove small-quantity generator and household

24  hazardous waste, mercury containing devices, and

25  mercuric-oxide batteries from the waste stream prior to

26  incineration, by the time the facility begins operation.

27         (f)  The local government in which the facility is

28  located has implemented a program to procure products or

29  materials with recycled content, pursuant to s. 403.7065.

30         (g)  A program will exist in the local government in

31  which the facility is located for collecting and recycling


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    Florida Senate - 2005                                   SB 824
    12-515-05                                               See HB

 1  recovered material from the institutional, commercial, and

 2  industrial sectors by the time the facility begins operation.

 3         (h)  The facility will be in compliance with applicable

 4  local ordinances and with the approved state and local

 5  comprehensive plans required by chapter 163.

 6         (i)  The facility is in substantial compliance with its

 7  permit, conditions of certification, and any agreements or

 8  orders resulting from environmental enforcement actions by

 9  state agencies.

10         (4)  For the purposes of this section, the term

11  "waste-to-energy facility" means a facility that uses an

12  enclosed device using controlled combustion to thermally break

13  down solid, liquid, or gaseous combustible solid waste to an

14  ash residue that contains little or no combustible material

15  and that produces electricity, steam, or other energy as a

16  result. The term does not include facilities that primarily

17  burn fuels other than solid waste even if such facilities also

18  burn some solid waste as a fuel supplement. The term also does

19  not include facilities that burn vegetative, agricultural, or

20  silvicultural wastes, bagasse, clean dry wood, methane or

21  other landfill gas, wood fuel derived from construction or

22  demolition debris, or waste tires, alone or in combination

23  with fossil fuels.

24         Section 2.  This act shall take effect October 1, 2005.









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