Senate Bill sb0824
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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.
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10 Be It Enacted by the Legislature of the State of Florida:
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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:
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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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