Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1528
                        Barcode 711998
                            CHAMBER ACTION
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11  The Committee on Environmental Preservation (Dockery)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (4) of section 403.413, Florida
19  Statutes, is amended to read:
20         403.413  Florida Litter Law.--
21         (4)  DUMPING LITTER PROHIBITED.--Unless otherwise
22  authorized by law or permit, it is unlawful for any person to
23  dump litter in any manner or amount:
24         (a)  In or on any public highway, road, street, alley,
25  or thoroughfare, including any portion of the right-of-way
26  thereof, or any other public lands, except in containers or
27  areas lawfully provided therefor.  When any litter is thrown
28  or discarded from a motor vehicle, the operator or owner of
29  the motor vehicle, or both, shall be deemed in violation of
30  this section;
31         (b)  In or on any freshwater lake, river, canal, or
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 stream or tidal or coastal water of the state, including 2 canals. When any litter is thrown or discarded from a boat, 3 the operator or owner of the boat, or both, shall be deemed in 4 violation of this section; or 5 (c) In or on any private property, unless prior 6 consent of the owner has been given and unless the dumping of 7 such litter by such person will not cause a public nuisance or 8 otherwise be in violation of any other state or local law, 9 rule, or regulation. 10 Section 2. Section 403.4131, Florida Statutes, is 11 amended to read: 12 403.4131 Litter control "Keep Florida Beautiful, 13 Incorporated"; placement of signs.-- 14 (1) It is the intent of the Legislature that a 15 coordinated effort of interested businesses, environmental and 16 civic organizations, and state and local agencies of 17 government be developed to plan for and assist in implementing 18 solutions to the litter and solid waste problems in this state 19 and that the state provide financial assistance for the 20 establishment of a nonprofit organization with the name of 21 "Keep Florida Beautiful, Incorporated," which shall be 22 registered, incorporated, and operated in compliance with 23 chapter 617. This nonprofit organization shall coordinate the 24 statewide campaign and operate as the grassroots arm of the 25 state's effort and shall serve as an umbrella organization for 26 volunteer-based community programs. The organization shall be 27 dedicated to helping Florida and its local communities solve 28 solid waste problems, to developing and implementing a 29 sustained litter prevention campaign, and to act as a working 30 public-private partnership in helping to implement the state's 31 Solid Waste Management Act. As part of this effort, Keep 2 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Florida Beautiful, Incorporated, in cooperation with the 2 Environmental Education Foundation, shall strive to educate 3 citizens, visitors, and businesses about the important 4 relationship between the state's environment and economy. 5 Keep Florida Beautiful, Incorporated, is encouraged to explore 6 and identify economic incentives to improve environmental 7 initiatives in the area of solid waste management. The 8 membership of the board of directors of this nonprofit 9 organization may include representatives of the following 10 organizations: the Florida League of Cities, the Florida 11 Association of Counties, the Governor's Office, the Florida 12 Chapter of the National Solid Waste Management Association, 13 the Florida Recyclers Association, the Center for Marine 14 Conservation, Chapter of the Sierra Club, the Associated 15 Industries of Florida, the Florida Soft Drink Association, the 16 Florida Petroleum Council, the Retail Grocers Association of 17 Florida, the Florida Retail Federation, the Pulp and Paper 18 Association, the Florida Automobile Dealers Association, the 19 Beer Industries of Florida, the Florida Beer Wholesalers 20 Association, and the Distilled Spirits Wholesalers. 21 (2) As a partner working with government, business, 22 civic, environmental, and other organizations, Keep Florida 23 Beautiful, Incorporated, shall strive to assist the state and 24 its local communities by contracting for the development of a 25 highly visible antilitter campaign that, at a minimum, 26 includes: 27 (a) Coordinating with the Center for Marine 28 Conservation and the Center for Solid and Hazardous Waste 29 Management to identify components of the marine debris and 30 litter stream and groups that habitually litter. 31 (b) Designing appropriate advertising to promote the 3 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 proper management of solid waste, with emphasis on educating 2 groups that habitually litter. 3 (c) Fostering public awareness and striving to build 4 an environmental ethic in this state through the development 5 of educational programs that result in an understanding and in 6 action on the part of individuals and organizations about the 7 role they must play in preventing litter and protecting 8 Florida's environment. 9 (d) Developing educational programs and materials that 10 promote the proper management of solid waste, including the 11 proper disposal of litter. 12 (e) Administering grants provided by the state. 13 Grants authorized under this section shall be subject to 14 normal department audit procedures and review. 15 (1)(3) The Department of Transportation shall 16 establish an "adopt-a-highway" program to allow local 17 organizations to be identified with specific highway cleanup 18 and highway beautification projects authorized under s. 19 339.2405 and shall coordinate such efforts with Keep Florida 20 Beautiful, Inc. The department shall report to the Governor 21 and the Legislature on the progress achieved and the savings 22 incurred by the "adopt-a-highway" program. The department 23 shall also monitor and report on compliance with provisions of 24 the adopt-a-highway program to ensure that organizations that 25 participate in the program comply with the goals identified by 26 the department. 27 (2)(4) The Department of Transportation shall place 28 signs discouraging litter at all off-ramps of the interstate 29 highway system in the state. The department shall place other 30 highway signs as necessary to discourage littering through use 31 of the antilitter program developed by Keep Florida Beautiful, 4 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Incorporated. 2 (3)(5) Each county is encouraged to initiate a litter 3 control and prevention program or to expand upon its existing 4 program. The department shall establish a system of grants 5 for municipalities and counties to implement litter control 6 and prevention programs. In addition to the activities 7 described in subsection (1), such grants shall at a minimum be 8 used for litter cleanup, grassroots educational programs 9 involving litter removal and prevention, and the placement of 10 litter and recycling receptacles. Counties are encouraged to 11 form working public private partnerships as authorized under 12 this section to implement litter control and prevention 13 programs at the community level. The grants authorized 14 pursuant to this section shall be incorporated as part of the 15 recycling and education grants. Counties that have a 16 population under 100,000 75,000 are encouraged to develop a 17 regional approach to administering and coordinating their 18 litter control and prevention programs. 19 (6) The department may contract with Keep Florida 20 Beautiful, Incorporated, to help carry out the provisions of 21 this section. All contracts authorized under this section are 22 subject to normal department audit procedures and review. 23 (7) In order to establish continuity for the statewide 24 program, those local governments and community programs 25 receiving grants for litter prevention and control must use 26 the official State of Florida litter control or campaign 27 symbol adopted by Keep Florida Beautiful, Incorporated, for 28 use on various receptacles and program material. 29 (8) The Legislature establishes a litter reduction 30 goal of 50 percent reduction from the period January 1, 1994, 31 to January 1, 1997. The method of determination used to 5 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 measure the reduction in litter is the survey conducted by the 2 Center for Solid and Hazardous Waste Management. The center 3 shall consider existing litter survey methodologies. 4 (9) The Department of Environmental Protection shall 5 contract with the Center for Solid and Hazardous Waste 6 Management for an ongoing annual litter survey, the first of 7 which is to be conducted by January 1, 1994. The center shall 8 appoint a broad-based work group not to exceed seven members 9 to assist in the development and implementation of the survey. 10 Representatives from the university system, business, 11 government, and the environmental community shall be 12 considered by the center to serve on the work group. Final 13 authority on implementing and conducting the survey rests with 14 the center. The first survey is to be designed to serve as a 15 baseline by measuring the amount of current litter and marine 16 debris, and is to include a methodology for measuring the 17 reduction in the amount of litter and marine debris to 18 determine the progress toward the litter reduction goal 19 established in subsection (8). Annually thereafter, additional 20 surveys are to be conducted and must also include a 21 methodology for measuring the reduction in the amount of 22 litter and for determining progress toward the litter 23 reduction goal established in subsection (8). 24 (10)(a) There is created within Keep Florida 25 Beautiful, Inc., the Wildflower Advisory Council, consisting 26 of a maximum of nine members to direct and oversee the 27 expenditure of the Wildflower Account. The Wildflower Advisory 28 Council shall include a representative from the University of 29 Florida Institute of Food and Agricultural Sciences, the 30 Florida Department of Transportation, and the Florida 31 Department of Environmental Protection, the Florida League of 6 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Cities, and the Florida Association of Counties. Other members 2 of the committee may include representatives from the Florida 3 Federation of Garden Clubs, Inc., Think Beauty Foundation, the 4 Florida Chapter of the American Society of Landscape 5 Architects, Inc., and a representative of the Master 6 Gardener's Program. 7 (b) The Wildflower Advisory Council shall develop 8 procedures of operation, research contracts, educational 9 programs, and wildflower planting grants for Florida native 10 wildflowers, plants, and grasses. The council shall also make 11 the final determination of what constitutes acceptable species 12 of wildflowers and other plantings supported by these 13 programs. 14 Section 3. Section 403.41315, Florida Statutes, is 15 amended to read: 16 403.41315 Comprehensive illegal dumping, litter, and 17 marine debris control and prevention.-- 18 (1) The Legislature finds that a comprehensive illegal 19 dumping, litter, and marine debris control and prevention 20 program is necessary to protect the beauty and the environment 21 of Florida. The Legislature also recognizes that a 22 comprehensive illegal dumping, litter, and marine debris 23 control and prevention program will have a positive effect on 24 the state's economy. The Legislature finds that the state's 25 rapid population growth, the ever-increasing mobility of its 26 population, and the large number of tourists contribute to the 27 need for a comprehensive illegal dumping, litter, and marine 28 debris control and prevention program. The Legislature further 29 finds that the program must be coordinated and capable of 30 having statewide identity and grassroots community support. 31 (2) The comprehensive illegal dumping, litter, and 7 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 marine debris control and prevention program at a minimum must 2 include the following: 3 (a) A local statewide public awareness and educational 4 campaign, coordinated by Keep Florida Beautiful, Incorporated, 5 to educate individuals, government, businesses, and other 6 organizations concerning the role they must assume in 7 preventing and controlling litter. 8 (b) Enforcement provisions authorized under s. 9 403.413. 10 (c) Enforcement officers whose responsibilities 11 include grassroots education along with enforcing litter and 12 illegal dumping violations. 13 (d) Local illegal dumping, litter, and marine debris 14 control and prevention programs operated at the county level 15 with emphasis placed on grassroots educational programs 16 designed to prevent and remove litter and marine debris. 17 (e) A statewide adopt-a-highway program as authorized 18 under s. 403.4131. 19 (f) The highway beautification program authorized 20 under s. 339.2405. 21 (g) A statewide Adopt-a-Shore program that includes 22 beach, river, and lake shorelines and emphasizes litter and 23 marine debris cleanup and prevention. 24 (h) The prohibition of balloon releases as authorized 25 under s. 372.995. 26 (i) The placement of approved identifiable litter and 27 recycling receptacles. 28 (j) Other educational programs that are implemented at 29 the grassroots level coordinated through Keep Florida 30 Beautiful, Inc., involving volunteers and community programs 31 that clean up and prevent litter, including Youth Conservation 8 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Corps activities. 2 Section 4. Section 403.4133, Florida Statutes, is 3 amended to read: 4 403.4133 Adopt-a-Shore Program.-- 5 (1) The Legislature finds that litter and illegal 6 dumping present a threat to the state's wildlife, environment, 7 and shorelines. The Legislature further finds that public 8 awareness and education will assist in preventing litter from 9 being illegally deposited along the state's shorelines. 10 (2) The Adopt-a-Shore Program shall be created within 11 the Department of Environmental Protection nonprofit 12 organization referred to in s. 403.4131(1), named Keep Florida 13 Beautiful, Incorporated. The program shall be designed to 14 educate the state's citizens and visitors about the importance 15 of litter prevention and shall include approaches and 16 techniques to remove litter from the state's shorelines. 17 (3) For the purposes of this section, the term 18 "shoreline" includes, but is not limited to, beaches, 19 rivershores, and lakeshores. 20 Section 5. Subsection (28) of section 320.08058, 21 Florida Statutes, is amended to read: 22 320.08058 Specialty license plates.-- 23 (28) FLORIDA WILDFLOWER LICENSE PLATES.-- 24 (a) The department shall develop a Florida Wildflower 25 license plate as provided in this section. The word "Florida" 26 must appear at the top of the plate, and the words "State 27 Wildflower" and "coreopsis" must appear at the bottom of the 28 plate. 29 (b) The annual use fees shall be distributed to the 30 Wildflower Foundation, Inc., a 501(c)(3) nonprofit corporation 31 Wildflower Account established by Keep Florida Beautiful, 9 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Inc., created by s. 403.4131. The proceeds must be used to 2 establish native Florida wildflower research programs, 3 wildflower educational programs, and wildflower grant programs 4 to municipal, county, and community-based groups in this 5 state. 6 1. The Wildflower Foundation, Inc., shall develop 7 procedures of operation, research contracts, education and 8 marketing programs, and wildflower planting grants for Florida 9 native wildflowers, plants, and grasses. 10 2. A maximum of 15 10 percent of the proceeds from the 11 sale of such plates may be used for administrative and 12 marketing costs. 13 3. In the event the Wildflower Foundation, Inc., 14 ceases to be an active 501(c)(3) nonprofit corporation, the 15 proceeds from the annual use fee shall be deposited into the 16 General Inspection Trust Fund created within the Department of 17 Agriculture and Consumer Services. Any funds held by the 18 Wildflower Foundation, Inc., must be promptly transferred to 19 the General Inspection Trust Fund. The Department of 20 Agriculture and Consumer Services shall use and administer the 21 proceeds from the use fee in the manner specified in this 22 subsection. 23 Section 6. Section 403.703, Florida Statutes, is 24 amended to read: 25 (Substantial rewording of section. See 26 s. 403.703, F.S., for present text.) 27 403.703 Definitions.--As used in this part, the term: 28 (1) "Ash residue" has the same meaning as in the 29 department rule governing solid waste combustors which defines 30 the term. 31 (2) "Biomedical waste" means any solid waste or liquid 10 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 waste that may present a threat of infection to humans. The 2 term includes, but is not limited to, nonliquid human tissue 3 and body parts; laboratory and veterinary waste that contains 4 human-disease-causing agents; discarded disposable sharps; 5 human blood and human blood products and body fluids; and 6 other materials that in the opinion of the Department of 7 Health represent a significant risk of infection to persons 8 outside the generating facility. The term does not include 9 human remains that are disposed of by persons licensed under 10 chapter 497. 11 (3) "Biological waste" means solid waste that causes 12 or has the capability of causing disease or infection and 13 includes, but is not limited to, biomedical waste, diseased or 14 dead animals, and other wastes capable of transmitting 15 pathogens to humans or animals. The term does not include 16 human remains that are disposed of by persons licensed under 17 chapter 497. 18 (4) "Clean debris" means any solid waste that is 19 virtually inert, that is not a pollution threat to groundwater 20 or surface waters, that is not a fire hazard, and that is 21 likely to retain its physical and chemical structure under 22 expected conditions of disposal or use. The term includes 23 uncontaminated concrete, including embedded pipe or steel, 24 brick, glass, ceramics, and other wastes designated by the 25 department. 26 (5) "Closure" means the cessation of operation of a 27 solid waste management facility and the act of securing such 28 facility so that it will pose no significant threat to human 29 health or the environment and includes long-term monitoring 30 and maintenance of a facility if required by department rule. 31 (6) "Construction and demolition debris" means 11 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 discarded materials generally considered to be not 2 water-soluble and nonhazardous in nature, including, but not 3 limited to, steel, glass, brick, concrete, asphalt roofing 4 material, pipe, gypsum wallboard, and lumber, from the 5 construction or destruction of a structure as part of a 6 construction or demolition project or from the renovation of a 7 structure, and includes rocks, soils, tree remains, trees, and 8 other vegetative matter that normally results from land 9 clearing or land-development operations for a construction 10 project, including such debris from construction of structures 11 at a site remote from the construction or demolition project 12 site. Mixing of construction and demolition debris with other 13 types of solid waste will cause the resulting mixture to be 14 classified as other than construction and demolition debris. 15 The term also includes: 16 (a) Clean cardboard, paper, plastic, wood, and metal 17 scraps from a construction project; 18 (b) Except as provided in s. 403.707(9)(j), yard trash 19 and unpainted, nontreated wood scraps and wood pallets from 20 sources other than construction or demolition projects; 21 (c) Scrap from manufacturing facilities which is the 22 type of material generally used in construction projects and 23 which would meet the definition of construction and demolition 24 debris if it were generated as part of a construction or 25 demolition project. This includes debris from the construction 26 of manufactured homes and scrap shingles, wallboard, siding 27 concrete, and similar materials from industrial or commercial 28 facilities; and 29 (d) De minimis amounts of other nonhazardous wastes 30 that are generated at construction or destruction projects, 31 provided such amounts are consistent with best management 12 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 practices of the industry. 2 (7) "County," or any like term, means a political 3 subdivision of the state established pursuant to s. 1, Art. 4 VIII of the State Constitution and, when s. 403.706(19) 5 applies, means a special district or other entity. 6 (8) "Department" means the Department of Environmental 7 Protection or any successor agency performing a like function. 8 (9) "Disposal" means the discharge, deposit, 9 injection, dumping, spilling, leaking, or placing of any solid 10 waste or hazardous waste into or upon any land or water so 11 that such solid waste or hazardous waste or any constituent 12 thereof may enter other lands or be emitted into the air or 13 discharged into any waters, including groundwaters, or 14 otherwise enter the environment. 15 (10) "Generation" means the act or process of 16 producing solid or hazardous waste. 17 (11) "Guarantor" means any person, other than the 18 owner or operator, who provides evidence of financial 19 responsibility for an owner or operator under this part. 20 (12) "Hazardous substance" means any substance that is 21 defined as a hazardous substance in the United States 22 Comprehensive Environmental Response, Compensation, and 23 Liability Act of 1980, 94 Stat. 2767. 24 (13) "Hazardous waste" means solid waste, or a 25 combination of solid wastes, which, because of its quantity, 26 concentration, or physical, chemical, or infectious 27 characteristics, may cause, or significantly contribute to, an 28 increase in mortality or an increase in serious irreversible 29 or incapacitating reversible illness or may pose a substantial 30 present or potential hazard to human health or the environment 31 when improperly transported, disposed of, stored, treated, or 13 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 otherwise managed. The term does not include human remains 2 that are disposed of by persons licensed under chapter 497. 3 (14) "Hazardous waste facility" means any building, 4 site, structure, or equipment at or by which hazardous waste 5 is disposed of, stored, or treated. 6 (15) "Hazardous waste management" means the systematic 7 control of the collection, source separation, storage, 8 transportation, processing, treatment, recovery, recycling, 9 and disposal of hazardous wastes. 10 (16) "Land disposal" means any placement of hazardous 11 waste in or on the land and includes, but is not limited to, 12 placement in a landfill, surface impoundment, waste pile, 13 injection well, land treatment facility, salt bed formation, 14 salt dome formation, or underground mine or cave, or placement 15 in a concrete vault or bunker intended for disposal purposes. 16 (17) "Landfill" means any solid waste land disposal 17 area for which a permit, other than a general permit, is 18 required by s. 403.707 and which receives solid waste for 19 disposal in or upon land. The term does not include a 20 land-spreading site, an injection well, a surface impoundment, 21 or a facility for the disposal of construction and demolition 22 debris. 23 (18) "Manifest" means the recordkeeping system used 24 for identifying the concentration, quantity, composition, 25 origin, routing, and destination of hazardous waste during its 26 transportation from the point of generation to the point of 27 disposal, storage, or treatment. 28 (19) "Materials-recovery facility" means a solid waste 29 management facility that provides for the extraction from 30 solid waste of recyclable materials, materials suitable for 31 use as a fuel or soil amendment, or any combination of such 14 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 materials. 2 (20) "Municipality," or any like term, means a 3 municipality created pursuant to general or special law 4 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII 5 of the State Constitution and, when s. 403.706(19) applies, 6 means a special district or other entity. 7 (21) "Operation," with respect to any solid waste 8 management facility, means the disposal, storage, or 9 processing of solid waste at and by the facility. 10 (22) "Person" means any and all persons, natural or 11 artificial, including any individual, firm, or association; 12 any municipal or private corporation organized or existing 13 under the laws of this state or any other state; any county of 14 this state; and any governmental agency of this state or the 15 Federal Government. 16 (23) "Processing" means any technique designed to 17 change the physical, chemical, or biological character or 18 composition of any solid waste so as to render it safe for 19 transport; amenable to recovery, storage, or recycling; safe 20 for disposal; or reduced in volume or concentration. 21 (24) "Recovered materials" means metal, paper, glass, 22 plastic, textile, or rubber materials that have known 23 recycling potential, can be feasibly recycled, and have been 24 diverted and source separated or have been removed from the 25 solid waste stream for sale, use, or reuse as raw materials, 26 whether or not the materials require subsequent processing or 27 separation from each other, but the term does not include 28 materials destined for any use that constitutes disposal. 29 Recovered materials as described in this subsection are not 30 solid waste. 31 (25) "Recovered materials processing facility" means a 15 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 facility engaged solely in the storage, processing, resale, or 2 reuse of recovered materials. Such a facility is not a solid 3 waste management facility if it meets the conditions of s. 4 403.7045(1)(e). 5 (26) "Recyclable material" means those materials that 6 are capable of being recycled and that would otherwise be 7 processed or disposed of as solid waste. 8 (27) "Recycling" means any process by which solid 9 waste, or materials that would otherwise become solid waste, 10 are collected, separated, or processed and reused or returned 11 to use in the form of raw materials or products. 12 (28) "Resource recovery" means the process of 13 recovering materials or energy from solid waste, excluding 14 those materials or solid waste under the control of the 15 Nuclear Regulatory Commission. 16 (29) "Resource recovery equipment" means equipment or 17 machinery exclusively and integrally used in the actual 18 process of recovering material or energy resources from solid 19 waste. 20 (30) "Sludge" includes the accumulated solids, 21 residues, and precipitates generated as a result of waste 22 treatment or processing, including wastewater treatment, 23 water-supply treatment, or operation of an air pollution 24 control facility, and mixed liquids and solids pumped from 25 septic tanks, grease traps, privies, or similar waste disposal 26 appurtenances. 27 (31) "Special wastes" means solid wastes that can 28 require special handling and management, including, but not 29 limited to, white goods, waste tires, used oil, lead-acid 30 batteries, construction and demolition debris, ash residue, 31 yard trash, and biological wastes. 16 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 (32) "Solid waste" means sludge unregulated under the 2 federal Clean Water Act or Clean Air Act, sludge from a waste 3 treatment works, water supply treatment plant, or air 4 pollution control facility, or garbage, rubbish, refuse, 5 special waste, or other discarded material, including solid, 6 liquid, semisolid, or contained gaseous material resulting 7 from domestic, industrial, commercial, mining, agricultural, 8 or governmental operations. Recovered materials as defined in 9 subsection (24) are not solid waste. 10 (33) "Solid waste disposal facility" means any solid 11 waste management facility that is the final resting place for 12 solid waste, including landfills and incineration facilities 13 that produce ash from the process of incinerating municipal 14 solid waste. 15 (34) "Solid waste management" means the process by 16 which solid waste is collected, transported, stored, 17 separated, processed, or disposed of in any other way 18 according to an orderly, purposeful, and planned program, 19 which includes closure. 20 (35) "Solid waste management facility" means any solid 21 waste disposal area, volume-reduction plant, transfer station, 22 materials-recovery facility, or other facility, the purpose of 23 which is resource recovery or the disposal, recycling, 24 processing, or storage of solid waste. The term does not 25 include recovered materials processing facilities that meet 26 the requirements of s. 403.7046, except the portion of such 27 facilities, if any, which is used for the management of solid 28 waste. 29 (36) "Source separated" means that the recovered 30 materials are separated from solid waste at the location where 31 the recovered materials and solid waste are generated. The 17 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 term does not require that various types of recovered 2 materials be separated from each other, and recognizes de 3 minimis solid waste, in accordance with industry standards and 4 practices, may be included in the recovered materials. 5 Materials are not considered source-separated when two or more 6 types of recovered materials are deposited in combination with 7 each other in a commercial collection container located where 8 the materials are generated and when such materials contain 9 more than 10 percent solid waste by volume or weight. For 10 purposes of this subsection, the term "various types of 11 recovered materials" means metals, paper, glass, plastic, 12 textiles, and rubber. 13 (37) "Storage" means the containment or holding of a 14 hazardous waste, either on a temporary basis or for a period 15 of years, in such a manner as not to constitute disposal of 16 such hazardous waste. 17 (38) "Transfer station" means a site the primary 18 purpose of which is to store or hold solid waste for transport 19 to a processing or disposal facility. 20 (39) "Transport" means the movement of hazardous waste 21 from the point of generation or point of entry into the state 22 to any offsite intermediate points and to the point of offsite 23 ultimate disposal, storage, treatment, or exit from the state. 24 (40) "Treatment," when used in connection with 25 hazardous waste, means any method, technique, or process, 26 including neutralization, which is designed to change the 27 physical, chemical, or biological character or composition of 28 any hazardous waste so as to neutralize it or render it 29 nonhazardous, safe for transport, amenable to recovery, 30 amenable to storage or disposal, or reduced in volume or 31 concentration. The term includes any activity or processing 18 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 that is designed to change the physical form or chemical 2 composition of hazardous waste so as to render it 3 nonhazardous. 4 (41) "Volume-reduction plant" includes incinerators, 5 pulverizers, compactors, shredding and baling plants, 6 composting plants, and other plants that accept and process 7 solid waste for recycling or disposal. 8 (42) "White goods" includes air conditioners, heaters, 9 discarded refrigerators, ranges, water heaters, freezers, and 10 other similar domestic and commercial large appliances. 11 (43) "Yard trash" means vegetative matter resulting 12 from landscaping maintenance and land clearing operations and 13 includes associated rocks and soils. 14 Section 7. Section 403.704, Florida Statutes, is 15 amended to read: 16 403.704 Powers and duties of the department.--The 17 department shall have responsibility for the implementation 18 and enforcement of the provisions of this act. In addition to 19 other powers and duties, the department shall: 20 (1) Develop and implement, in consultation with local 21 governments, a state solid waste management program, as 22 defined in s. 403.705, and update the program at least every 3 23 years. In developing rules to implement the state solid waste 24 management program, the department shall hold public hearings 25 around the state and shall give notice of such public hearings 26 to all local governments and regional planning agencies. 27 (2) Provide technical assistance to counties, 28 municipalities, and other persons, and cooperate with 29 appropriate federal agencies and private organizations in 30 carrying out the provisions of this act. 31 (3) Promote the planning and application of recycling 19 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 and resource recovery systems which preserve and enhance the 2 quality of the air, water, and other natural resources of the 3 state and assist in and encourage, where appropriate, the 4 development of regional solid waste management facilities. 5 (4) Serve as the official state representative for all 6 purposes of the federal Solid Waste Disposal Act, as amended 7 by Pub. L. No. 91-512, or as subsequently amended. 8 (5) Use private industry or the State University 9 System through contractual arrangements for implementation of 10 some or all of the requirements of the state solid waste 11 management program and for such other activities as may be 12 considered necessary, desirable, or convenient. 13 (6) Encourage recycling and resource recovery as a 14 source of energy and materials. 15 (7) Assist in and encourage, as much as possible, the 16 development within the state of industries and commercial 17 enterprises which are based upon resource recovery, recycling, 18 and reuse of solid waste. 19 (8) Charge reasonable fees for any services it 20 performs pursuant to this act, provided user fees shall apply 21 uniformly within each municipality or county to all users who 22 are provided with solid waste management services. 23 (9) Acquire, at its discretion, personal or real 24 property or any interest therein by gift, lease, or purchase 25 for the purpose of providing sites for solid waste management 26 facilities. 27 (10) Acquire, construct, reconstruct, improve, 28 maintain, equip, furnish, and operate, at its discretion, such 29 solid waste management facilities as are called for by the 30 state solid waste management program. 31 (11) Receive funds or revenues from the sale of 20 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 products, materials, fuels, or energy in any form derived from 2 processing of solid waste by state-owned or state-operated 3 facilities, which funds or revenues shall be deposited into 4 the Solid Waste Management Trust Fund. 5 (8)(12) Determine by rule the facilities, equipment, 6 personnel, and number of monitoring wells to be provided at 7 each Class I solid waste disposal facility area. 8 (13) Encourage, but not require, as part of a Class II 9 solid waste disposal area, a potable water supply; an employee 10 shelter; handwashing and toilet facilities; equipment washout 11 facilities; electric service for operations and repairs; 12 equipment shelter for maintenance and storage of parts, 13 equipment, and tools; scales for weighing solid waste received 14 at the disposal area; a trained equipment operator in 15 full-time attendance during operating hours; and communication 16 facilities for use in emergencies. The department may require 17 an attendant at a Class II solid waste disposal area during 18 the hours of operation if the department affirmatively 19 demonstrates that such a requirement is necessary to prevent 20 unlawful fires, unauthorized dumping, or littering of nearby 21 property. 22 (14) Require a Class II solid waste disposal area to 23 have at least one monitoring well which shall be placed 24 adjacent to the site in the direction of groundwater flow 25 unless otherwise exempted by the department. The department 26 may require additional monitoring wells not farther than 1 27 mile from the site if it is affirmatively demonstrated by the 28 department that a significant change in the initial quality of 29 the water has occurred in the downstream monitoring well which 30 adversely affects the beneficial uses of the water. These 31 wells may be public or private water supply wells if they are 21 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 suitable for use in determining background water quality 2 levels. 3 (9)(15) Adopt rules pursuant to ss. 120.536(1) and 4 120.54 to implement and enforce the provisions of this act, 5 including requirements for the classification, construction, 6 operation, maintenance, and closure of solid waste management 7 facilities and requirements for, and conditions on, solid 8 waste disposal in this state, whether such solid waste is 9 generated within this state or outside this state as long as 10 such requirements and conditions are not based on the 11 out-of-state origin of the waste and are consistent with 12 applicable provisions of law. When classifying solid waste 13 management facilities, the department shall consider the 14 hydrogeology of the site for the facility, the types of wastes 15 to be handled by the facility, and methods used to control the 16 types of waste to be handled by the facility and shall seek to 17 minimize the adverse effects of solid waste management on the 18 environment. Whenever the department adopts any rule stricter 19 or more stringent than one which has been set by the United 20 States Environmental Protection Agency, the procedures set 21 forth in s. 403.804(2) shall be followed. The department shall 22 not, however, adopt hazardous waste rules for solid waste for 23 which special studies were required prior to October 1, 1988, 24 under s. 8002 of the Resource Conservation and Recovery Act, 25 42 U.S.C. s. 6982, as amended, until the studies are completed 26 by the United States Environmental Protection Agency and the 27 information is available to the department for consideration 28 in adopting its own rule. 29 (10)(16) Issue or modify permits on such conditions as 30 are necessary to effect the intent and purposes of this act, 31 and may deny or revoke permits. 22 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 (17) Conduct research, using the State University 2 System, solid waste professionals from local governments, 3 private enterprise, and other organizations, on alternative, 4 economically feasible, cost-effective, and environmentally 5 safe solid waste management and landfill closure methods which 6 protect the health, safety, and welfare of the public and the 7 environment and which may assist in developing markets and 8 provide economic benefits to local governments, the state, and 9 its citizens, and solicit public participation during the 10 research process. The department shall incorporate such 11 cost-effective landfill closure methods in the appropriate 12 department rule as alternative closure requirements. 13 (11)(18) Develop and implement or contract for 14 services to develop information on recovered materials markets 15 and strategies for market development and expansion for use of 16 these materials. Additionally, the department shall maintain a 17 directory of recycling businesses operating in the state and 18 shall serve as a coordinator to match recovered materials with 19 markets. Such directory shall be made available to the public 20 and to local governments to assist with their solid waste 21 management activities. 22 (19) Authorize variances from solid waste closure 23 rules adopted pursuant to this part, provided such variances 24 are applied for and approved in accordance with s. 403.201 and 25 will not result in significant threats to human health or the 26 environment. 27 (12)(20) Establish accounts and deposit to the Solid 28 Waste Management Trust Fund and control and administer moneys 29 it may withdraw from the fund. 30 (13)(21) Manage a program of grants, using funds from 31 the Solid Waste Management Trust Fund and funds provided by 23 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 the Legislature for solid waste management, for programs for 2 recycling, composting, litter control, and special waste 3 management and for programs which provide for the safe and 4 proper management of solid waste. 5 (14)(22) Budget and receive appropriated funds and 6 accept, receive, and administer grants or other funds or gifts 7 from public or private agencies, including the state and the 8 Federal Government, for the purpose of carrying out the 9 provisions of this act. 10 (15)(23) Delegate its powers, enter into contracts, or 11 take such other actions as may be necessary to implement this 12 act. 13 (16)(24) Receive and administer funds appropriated for 14 county hazardous waste management assessments. 15 (17)(25) Provide technical assistance to local 16 governments and regional agencies to ensure consistency 17 between county hazardous waste management assessments; 18 coordinate the development of such assessments with the 19 assistance of the appropriate regional planning councils; and 20 review and make recommendations to the Legislature relative to 21 the sufficiency of the assessments to meet state hazardous 22 waste management needs. 23 (18)(26) Increase public education and public 24 awareness of solid and hazardous waste issues by developing 25 and promoting statewide programs of litter control, recycling, 26 volume reduction, and proper methods of solid waste and 27 hazardous waste management. 28 (19)(27) Assist the hazardous waste storage, 29 treatment, or disposal industry by providing to the industry 30 any data produced on the types and quantities of hazardous 31 waste generated. 24 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 (20)(28) Institute a hazardous waste emergency 2 response program which would include emergency 3 telecommunication capabilities and coordination with 4 appropriate agencies. 5 (21)(29) Promulgate rules necessary to accept 6 delegation of the hazardous waste management program from the 7 Environmental Protection Agency under the Hazardous and Solid 8 Waste Amendments of 1984, Pub. L. No. 98-616. 9 (22)(30) Adopt rules, if necessary, to address the 10 incineration and disposal of biomedical waste and the 11 management of biological waste within the state, whether such 12 waste is generated within this state or outside this state, as 13 long as such requirements and conditions are not based on the 14 out-of-state origin of the waste and are consistent with 15 applicable provisions of law. 16 Section 8. Section 403.7043, Florida Statutes, is 17 amended to read: 18 403.7043 Compost standards and applications.-- 19 (1) In order to protect the state's land and water 20 resources, compost produced, utilized, or disposed of by the 21 composting process at solid waste management facilities in the 22 state must meet criteria established by the department. 23 (2) The department shall Within 6 months after October 24 1, 1988, the department shall initiate rulemaking to establish 25 and maintain rules addressing standards for the production of 26 compost and shall complete and promulgate those rules within 27 12 months after initiating the process of rulemaking, 28 including rules establishing: 29 (a) Requirements necessary to produce hygienically 30 safe compost products for varying applications. 31 (b) A classification scheme for compost based on: the 25 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 types of waste composted, including at least one type 2 containing only yard trash; the maturity of the compost, 3 including at least three degrees of decomposition for fresh, 4 semimature, and mature; and the levels of organic and 5 inorganic constituents in the compost. This scheme shall 6 address: 7 1. Methods for measurement of the compost maturity. 8 2. Particle sizes. 9 3. Moisture content. 10 4. Average levels of organic and inorganic 11 constituents, including heavy metals, for such classes of 12 compost as the department establishes, and the analytical 13 methods to determine those levels. 14 (3) Within 6 months after October 1, 1988, the 15 department shall initiate rulemaking to prescribe the 16 allowable uses and application rates of compost and shall 17 complete and promulgate those rules within 12 months after 18 initiating the process of rulemaking, based on the following 19 criteria: 20 (a) The total quantity of organic and inorganic 21 constituents, including heavy metals, allowed to be applied 22 through the addition of compost to the soil per acre per year. 23 (b) The allowable uses of compost based on maturity 24 and type of compost. 25 (4) If compost is produced which does not meet the 26 criteria prescribed by the department for agricultural and 27 other use, the compost must be reprocessed or disposed of in a 28 manner approved by the department, unless a different 29 application is specifically permitted by the department. 30 (5) The provisions of s. 403.706 shall not prohibit 31 any county or municipality which has in place a memorandum of 26 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 understanding or other written agreement as of October 1, 2 1988, from proceeding with plans to build a compost facility. 3 Section 9. Subsections (1), (2), and (3) of section 4 403.7045, Florida Statutes, are amended to read: 5 403.7045 Application of act and integration with other 6 acts.-- 7 (1) The following wastes or activities shall not be 8 regulated pursuant to this act: 9 (a) Byproduct material, source material, and special 10 nuclear material, the generation, transportation, disposal, 11 storage, or treatment of which is regulated under chapter 404 12 or under the federal Atomic Energy Act of 1954, ch. 1073, 68 13 Stat. 923, as amended; 14 (b) Suspended solids and dissolved materials in 15 domestic sewage effluent or irrigation return flows or other 16 discharges which are point sources subject to permits pursuant 17 to provisions of this chapter or pursuant to s. 402 of the 18 Clean Water Act, Pub. L. No. 95-217; 19 (c) Emissions to the air from a stationary 20 installation or source regulated under provisions of this 21 chapter or under the Clean Air Act, Pub. L. No. 95-95; 22 (d) Drilling fluids, produced waters, and other wastes 23 associated with the exploration for, or development and 24 production of, crude oil or natural gas which are regulated 25 under chapter 377; or 26 (e) Recovered materials or recovered materials 27 processing facilities shall not be regulated pursuant to this 28 act, except as provided in s. 403.7046, if: 29 1. A majority of the recovered materials at the 30 facility are demonstrated to be sold, used, or reused within 1 31 year. 27 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 2. The recovered materials handled by the facility or 2 the products or byproducts of operations that process 3 recovered materials are not discharged, deposited, injected, 4 dumped, spilled, leaked, or placed into or upon any land or 5 water by the owner or operator of such facility so that such 6 recovered materials, products or byproducts, or any 7 constituent thereof may enter other lands or be emitted into 8 the air or discharged into any waters, including groundwaters, 9 or otherwise enter the environment such that a threat of 10 contamination in excess of applicable department standards and 11 criteria is caused. 12 3. The recovered materials handled by the facility are 13 not hazardous wastes as defined under s. 403.703, and rules 14 promulgated pursuant thereto. 15 4. The facility is registered as required in s. 16 403.7046. 17 (f) Industrial byproducts, if: 18 1. A majority of the industrial byproducts are 19 demonstrated to be sold, used, or reused within 1 year. 20 2. The industrial byproducts are not discharged, 21 deposited, injected, dumped, spilled, leaked, or placed upon 22 any land or water so that such industrial byproducts, or any 23 constituent thereof, may enter other lands or be emitted into 24 the air or discharged into any waters, including groundwaters, 25 or otherwise enter the environment such that a threat of 26 contamination in excess of applicable department standards and 27 criteria or a significant threat to public health is caused. 28 3. The industrial byproducts are not hazardous wastes 29 as defined under s. 403.703 and rules adopted under this 30 section. 31 (2) Except as provided in s. 403.704(9) s. 28 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 403.704(15), the following wastes shall not be regulated as a 2 hazardous waste pursuant to this act, except when determined 3 by the United States Environmental Protection Agency to be a 4 hazardous waste: 5 (a) Ashes and scrubber sludges generated from the 6 burning of boiler fuel for generation of electricity or steam. 7 (b) Agricultural and silvicultural byproduct material 8 and agricultural and silvicultural process waste from normal 9 farming or processing. 10 (c) Discarded material generated by the mining and 11 beneficiation and chemical or thermal processing of phosphate 12 rock, and precipitates resulting from neutralization of 13 phosphate chemical plant process and nonprocess waters. 14 (3) The following wastes or activities shall be 15 regulated pursuant to this act in the following manner: 16 (a) Dredged material that is generated as part of a 17 project permitted under part IV of chapter 373 or chapter 161, 18 or that is authorized to be removed from sovereign submerged 19 lands under chapter 253, Dredge spoil or fill material shall 20 be managed in accordance with the conditions of that permit or 21 authorization unless the dredged material is regulated as 22 hazardous waste pursuant to this part disposed of pursuant to 23 a dredge and fill permit, but whenever hazardous components 24 are disposed of within the dredge or fill material, the dredge 25 and fill permits shall specify the specific hazardous wastes 26 contained and the concentration of each such waste. If the 27 dredged material contains hazardous substances, the department 28 may further then limit or restrict the sale or use of the 29 dredged dredge and fill material and may specify such other 30 conditions relative to this material as are reasonably 31 necessary to protect the public from the potential hazards. 29 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 However, nothing in this subsection shall be construed to 2 require the routine testing of dredged material for hazardous 3 substances unless there is a reasonable expectation that such 4 substances will be present. 5 (b) Hazardous wastes that which are contained in 6 artificial recharge waters or other waters intentionally 7 introduced into any underground formation and that which are 8 permitted pursuant to s. 373.106 shall also be handled in 9 compliance with the requirements and standards for disposal, 10 storage, and treatment of hazardous waste under this act. 11 (c) Solid waste or hazardous waste facilities that 12 which are operated as a part of the normal operation of a 13 power generating facility and which are licensed by 14 certification pursuant to the Florida Electrical Power Plant 15 Siting Act, ss. 403.501-403.518, shall undergo such 16 certification subject to the substantive provisions of this 17 act. 18 (d) Biomedical waste and biological waste shall be 19 disposed of only as authorized by the department. However, 20 any person who unknowingly disposes into a sanitary landfill 21 or waste-to-energy facility any such waste that which has not 22 been properly segregated or separated from other solid wastes 23 by the generating facility is not guilty of a violation under 24 this act. Nothing in This paragraph does not shall be 25 construed to prohibit the department from seeking injunctive 26 relief pursuant to s. 403.131 to prohibit the unauthorized 27 disposal of biomedical waste or biological waste. 28 Section 10. Subsection (2) of section 403.7061, 29 Florida Statutes, is amended to read: 30 403.7061 Requirements for review of new 31 waste-to-energy facility capacity by the Department of 30 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Environmental Protection.-- 2 (2) Notwithstanding any other provisions of state law, 3 the department shall not issue a construction permit or 4 certification to build a waste-to-energy facility or expand an 5 existing waste-to-energy facility unless the facility meets 6 the requirements set forth in subsection (3). Any construction 7 permit issued by the department between January 1, 1993, and 8 May 12, 1993, which does not address these new requirements 9 shall be invalid. These new requirements do not apply to the 10 issuance of permits or permit modifications to retrofit 11 existing facilities with new or improved pollution control 12 equipment to comply with state or federal law. The department 13 may shall initiate rulemaking to incorporate the criteria in 14 subsection (3) into its permit review process. 15 Section 11. Section 403.707, Florida Statutes, is 16 amended to read: 17 403.707 Permits.-- 18 (1) A No solid waste management facility may not be 19 operated, maintained, constructed, expanded, modified, or 20 closed without an appropriate and currently valid permit 21 issued by the department. The department may by rule exempt 22 specified types of facilities from the requirement for a 23 permit under this part if it determines that construction or 24 operation of the facility is not expected to create any 25 significant threat to the environment or public health. For 26 purposes of this part, and only when specified by department 27 rule, a permit may include registrations as well as other 28 forms of licenses as defined in s. 120.52. Solid waste 29 construction permits issued under this section may include any 30 permit conditions necessary to achieve compliance with the 31 recycling requirements of this act. The department shall 31 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 pursue reasonable timeframes for closure and construction 2 requirements, considering pending federal requirements and 3 implementation costs to the permittee. The department shall 4 adopt a rule establishing performance standards for 5 construction and closure of solid waste management facilities. 6 The standards shall allow flexibility in design and 7 consideration for site-specific characteristics. 8 (2) Except as provided in s. 403.722(6), no permit 9 under this section is required for the following, provided 10 that the activity shall not create a public nuisance or any 11 condition adversely affecting the environment or public health 12 and shall not violate other state or local laws, ordinances, 13 rules, regulations, or orders: 14 (a) Disposal by persons of solid waste resulting from 15 their own activities on their own property, provided such 16 waste is either ordinary household waste from their 17 residential property or is rocks, soils, trees, tree remains, 18 and other vegetative matter that which normally result from 19 land development operations. Disposal of materials that which 20 could create a public nuisance or adversely affect the 21 environment or public health, such as: white goods; automotive 22 materials, such as batteries and tires; petroleum products; 23 pesticides; solvents; or hazardous substances, is not covered 24 under this exemption. 25 (b) Storage in containers by persons of solid waste 26 resulting from their own activities on their property, leased 27 or rented property, or property subject to a homeowners or 28 maintenance association for which the person contributes 29 association assessments, if the solid waste in such containers 30 is collected at least once a week. 31 (c) Disposal by persons of solid waste resulting from 32 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 their own activities on their property, provided the 2 environmental effects of such disposal on groundwater and 3 surface waters are: 4 1. Addressed or authorized by a site certification 5 order issued under part II or a permit issued by the 6 department pursuant to this chapter or rules adopted pursuant 7 thereto; or 8 2. Addressed or authorized by, or exempted from the 9 requirement to obtain, a groundwater monitoring plan approved 10 by the department. 11 (d) Disposal by persons of solid waste resulting from 12 their own activities on their own property, provided that such 13 disposal occurred prior to October 1, 1988. 14 (e) Disposal of solid waste resulting from normal 15 farming operations as defined by department rule. 16 Polyethylene agricultural plastic, damaged, nonsalvageable, 17 untreated wood pallets, and packing material that cannot be 18 feasibly recycled, which are used in connection with 19 agricultural operations related to the growing, harvesting, or 20 maintenance of crops, may be disposed of by open burning, 21 provided that no public nuisance or any condition adversely 22 affecting the environment or the public health is created 23 thereby and that state or federal ambient air quality 24 standards are not violated. 25 (f) The use of clean debris as fill material in any 26 area. However, this paragraph does not exempt any person from 27 obtaining any other required permits, nor does it affect a 28 person's responsibility to dispose of clean debris 29 appropriately if it is not to be used as fill material. 30 (g) Compost operations that produce less than 50 cubic 31 yards of compost per year when the compost produced is used on 33 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 the property where the compost operation is located. 2 (3) All applicable provisions of ss. 403.087 and 3 403.088, relating to permits, apply to the control of solid 4 waste management facilities. 5 (4) When application for a construction permit for a 6 Class I landfill or Class II solid waste disposal area is 7 made, it is the duty of the department to provide a copy of 8 the application, within 7 days after filing, to the water 9 management district having jurisdiction where the area is to 10 be located. The water management district may prepare an 11 advisory report as to the impact on water resources. This 12 report shall contain the district's recommendations as to the 13 disposition of the application and shall be submitted to the 14 department no later than 30 days prior to the deadline for 15 final agency action by the department. However, the failure of 16 the department or the water management district to comply with 17 the provisions of this subsection shall not be the basis for 18 the denial, revocation, or remand of any permit or order 19 issued by the department. 20 (5) The department may not issue a construction permit 21 pursuant to this part for a new solid waste landfill within 22 3,000 feet of Class I surface waters. 23 (6) The department may issue a construction permit 24 pursuant to this part only to a solid waste management 25 facility that provides the conditions necessary to control the 26 safe movement of wastes or waste constituents into surface or 27 ground waters or the atmosphere and that will be operated, 28 maintained, and closed by qualified and properly trained 29 personnel. Such facility must if necessary: 30 (a) Use natural or artificial barriers which are 31 capable of controlling lateral or vertical movement of wastes 34 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 or waste constituents into surface or ground waters. 2 (b) Have a foundation or base that is capable of 3 providing support for structures and waste deposits and 4 capable of preventing foundation or base failure due to 5 settlement, compression, or uplift. 6 (c) Provide for the most economically feasible, 7 cost-effective, and environmentally safe control of leachate, 8 gas, stormwater, and disease vectors and prevent the 9 endangerment of public health and the environment. 10 11 Open fires, air-curtain incinerators, or trench burning may 12 not be used as a means of disposal at a solid waste management 13 facility, unless permitted by the department under s. 403.087. 14 (7) Prior to application for a construction permit, an 15 applicant shall designate to the department temporary backup 16 disposal areas or processes for the resource recovery 17 facility. Failure to designate temporary backup disposal areas 18 or processes shall result in a denial of the construction 19 permit. 20 (8) The department may refuse to issue a permit to an 21 applicant who by past conduct in this state has repeatedly 22 violated pertinent statutes, rules, or orders or permit terms 23 or conditions relating to any solid waste management facility 24 and who is deemed to be irresponsible as defined by department 25 rule. For the purposes of this subsection, an applicant 26 includes the owner or operator of the facility, or if the 27 owner or operator is a business entity, a parent of a 28 subsidiary corporation, a partner, a corporate officer or 29 director, or a stockholder holding more than 50 percent of the 30 stock of the corporation. 31 (9) Before or on the same day of filing with the 35 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 department of an application for any construction permit for 2 the incineration of biomedical waste which the department may 3 require by rule, the applicant shall notify each city and 4 county within 1 mile of the facility of the filing of the 5 application and shall publish notice of the filing of the 6 application. The applicant shall publish a second notice of 7 the filing within 14 days after the date of filing. Each 8 notice shall be published in a newspaper of general 9 circulation in the county in which the facility is located or 10 is proposed to be located. Notwithstanding the provisions of 11 chapter 50, for purposes of this section, a "newspaper of 12 general circulation" shall be the newspaper within the county 13 in which the installation or facility is proposed which has 14 the largest daily circulation in that county and has its 15 principal office in that county. If the newspaper with the 16 largest daily circulation has its principal office outside the 17 county, the notice shall appear in both the newspaper with the 18 largest daily circulation in that county, and a newspaper 19 authorized to publish legal notices in that county. The notice 20 shall contain: 21 (a) The name of the applicant and a brief description 22 of the facility and its location. 23 (b) The location of the application file and when it 24 is available for public inspection. 25 26 The notice shall be prepared by the applicant and shall comply 27 with the following format: 28 29 Notice of Application 30 31 The Department of Environmental Protection announces receipt 36 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 of an application for a permit from ...(name of applicant)... 2 to ...(brief description of project).... This proposed project 3 will be located at ...(location)... in ...(county)... 4 ...(city).... 5 6 This application is being processed and is available for 7 public inspection during normal business hours, 8:00 a.m. to 8 5:00 p.m., Monday through Friday, except legal holidays, at 9 ...(name and address of office).... 10 11 (10) A permit, which the department may require by 12 rule, for the incineration of biomedical waste, may not be 13 transferred by the permittee to any other entity, except in 14 conformity with the requirements of this subsection. 15 (a) Within 30 days after the sale or legal transfer of 16 a permitted facility, the permittee shall file with the 17 department an application for transfer of the permits on such 18 form as the department shall establish by rule. The form must 19 be completed with the notarized signatures of both the 20 transferring permittee and the proposed permittee. 21 (b) The department shall approve the transfer of a 22 permit unless it determines that the proposed permittee has 23 not provided reasonable assurances that the proposed permittee 24 has the administrative, technical, and financial capability to 25 properly satisfy the requirements and conditions of the 26 permit, as determined by department rule. The determination 27 shall be limited solely to the ability of the proposed 28 permittee to comply with the conditions of the existing 29 permit, and it shall not concern the adequacy of the permit 30 conditions. If the department proposes to deny the transfer, 31 it shall provide both the transferring permittee and the 37 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 proposed permittee a written objection to such transfer 2 together with notice of a right to request a proceeding on 3 such determination under chapter 120. 4 (c) Within 90 days after receiving a properly 5 completed application for transfer of a permit, the department 6 shall issue a final determination. The department may toll the 7 time for making a determination on the transfer by notifying 8 both the transferring permittee and the proposed permittee 9 that additional information is required to adequately review 10 the transfer request. Such notification shall be provided 11 within 30 days after receipt of an application for transfer of 12 the permit, completed pursuant to paragraph (a). If the 13 department fails to take action to approve or deny the 14 transfer within 90 days after receipt of the completed 15 application or within 90 days after receipt of the last item 16 of timely requested additional information, the transfer shall 17 be deemed approved. 18 (d) The transferring permittee is encouraged to apply 19 for a permit transfer well in advance of the sale or legal 20 transfer of a permitted facility. However, the transfer of 21 the permit shall not be effective prior to the sale or legal 22 transfer of the facility. 23 (e) Until the transfer of the permit is approved by 24 the department, the transferring permittee and any other 25 person constructing, operating, or maintaining the permitted 26 facility shall be liable for compliance with the terms of the 27 permit. Nothing in this section shall relieve the transferring 28 permittee of liability for corrective actions that may be 29 required as a result of any violations occurring prior to the 30 legal transfer of the permit. 31 (11) The department shall review all permit 38 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 applications for any designated Class I solid waste disposal 2 facility. As used in this subsection, the term "designated 3 Class I solid waste disposal facility" means any facility that 4 is, as of May 12, 1993, a solid waste disposal facility 5 classified as an active Class I landfill by the department, 6 that is located in whole or in part within 1,000 feet of the 7 boundary of any municipality, but that is not located within 8 any county with an approved charter or consolidated municipal 9 government, is not located within any municipality, and is not 10 operated by a municipality. The department shall not permit 11 vertical expansion or horizontal expansion of any designated 12 Class I solid waste disposal facility unless the application 13 for such permit was filed before January 1, 1993, and no solid 14 waste management facility may be operated which is a vertical 15 expansion or horizontal expansion of a designated Class I 16 solid waste disposal facility. As used in this subsection, the 17 term "vertical expansion" means any activity that will result 18 in an increase in the height of a designated Class I solid 19 waste disposal facility above 100 feet National Geodetic 20 Vertical Datum, except solely for closure, and the term 21 "horizontal expansion" means any activity that will result in 22 an increase in the ground area covered by a designated Class I 23 solid waste disposal facility, or if within 1 mile of a 24 designated Class I solid waste disposal facility, any new or 25 expanded operation of any solid waste disposal facility or 26 area, or of incineration of solid waste, or of storage of 27 solid waste for more than 1 year, or of composting of solid 28 waste other than yard trash. 29 (9)(12) The department shall establish a separate 30 category for solid waste management facilities which accept 31 only construction and demolition debris for disposal or 39 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 recycling. The department shall establish a reasonable 2 schedule for existing facilities to comply with this section 3 to avoid undue hardship to such facilities. However, a 4 permitted solid waste disposal unit that which receives a 5 significant amount of waste prior to the compliance deadline 6 established in this schedule shall not be required to be 7 retrofitted with liners or leachate control systems. 8 Facilities accepting materials defined in s. 403.703(17)(b) 9 must implement a groundwater monitoring system adequate to 10 detect contaminants that may reasonably be expected to result 11 from such disposal prior to the acceptance of those materials. 12 (a) The department shall establish reasonable 13 construction, operation, monitoring, recordkeeping, financial 14 assurance, and closure requirements for such facilities. The 15 department shall take into account the nature of the waste 16 accepted at various facilities when establishing these 17 requirements, and may impose less stringent requirements, 18 including a system of general permits or registration 19 requirements, for facilities that accept only a segregated 20 waste stream which is expected to pose a minimal risk to the 21 environment and public health, such as clean debris. The 22 Legislature recognizes that incidental amounts of other types 23 of solid waste are commonly generated at construction or 24 demolition projects. In any enforcement action taken pursuant 25 to this section, the department shall consider the difficulty 26 of removing these incidental amounts from the waste stream. 27 (b) The department shall not require liners and 28 leachate collection systems at individual facilities unless it 29 demonstrates, based upon the types of waste received, the 30 methods for controlling types of waste disposed of, the 31 proximity of groundwater and surface water, and the results of 40 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 the hydrogeological and geotechnical investigations, that the 2 facility is reasonably expected to result in violations of 3 groundwater standards and criteria otherwise. 4 (c) The owner or operator shall provide financial 5 assurance for closing of the facility in accordance with the 6 requirements of s. 403.7125. The financial assurance shall 7 cover the cost of closing the facility and 5 years of 8 long-term care after closing, unless the department 9 determines, based upon hydrogeologic conditions, the types of 10 wastes received, or the groundwater monitoring results, that a 11 different long-term care period is appropriate. However, 12 unless the owner or operator of the facility is a local 13 government, the escrow account described in s. 403.7125(2) s. 14 403.7125(3) may not be used as a financial assurance 15 mechanism. 16 (d) The department shall establish training 17 requirements for operators of facilities, and shall work with 18 the State University System or other providers to assure that 19 adequate training courses are available. The department shall 20 also assist the Florida Home Builders Association in 21 establishing a component of its continuing education program 22 to address proper handling of construction and demolition 23 debris, including best management practices for reducing 24 contamination of the construction and demolition debris waste 25 stream. 26 (e) The issuance of a permit under this subsection 27 does not obviate the need to comply with all applicable zoning 28 and land use regulations. 29 (f) A permit is not required under this section for 30 the disposal of construction and demolition debris on the 31 property where it is generated, but such property must be 41 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 covered, graded, and vegetated as necessary when disposal is 2 complete. 3 (g) It is the policy of the Legislature to encourage 4 facilities to recycle. The department shall establish 5 criteria and guidelines that encourage recycling where 6 practical and provide for the use of recycled materials in a 7 manner that protects the public health and the environment. 8 Facilities are authorized to recycle, provided such activities 9 do not conflict with such criteria and guidelines. 10 (h) The department shall ensure that the requirements 11 of this section are applied and interpreted consistently 12 throughout the state. In accordance with s. 20.255, the 13 Division of Waste Management shall direct the district offices 14 and bureaus on matters relating to the interpretation and 15 applicability of this section. 16 (i) The department shall provide notice of receipt of 17 a permit application for the initial construction of a 18 construction and demolition debris disposal facility to the 19 local governments having jurisdiction where the facility is to 20 be located. 21 (j) The Legislature recognizes that recycling, waste 22 reduction, and resource recovery are important aspects of an 23 integrated solid waste management program and as such are 24 necessary to protect the public health and the environment. 25 If necessary to promote such an integrated program, the county 26 may determine, after providing notice and an opportunity for a 27 hearing prior to April 30, 2007 December 31, 1996, that some 28 or all of the wood material described in s. 403.703(6)(b) s. 29 403.703(17)(b) shall be excluded from the definition of 30 "construction and demolition debris" in s. 403.703(6) s. 31 403.703(17) within the jurisdiction of such county. The county 42 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 may make such a determination only if it finds that, prior to 2 June 1, 2006 1996, the county has established an adequate 3 method for the use or recycling of such wood material at an 4 existing or proposed solid waste management facility that is 5 permitted or authorized by the department on June 1, 2006 6 1996. The county shall not be required to hold a hearing if 7 the county represents that it previously has held a hearing 8 for such purpose, nor shall the county be required to hold a 9 hearing if the county represents that it previously has held a 10 public meeting or hearing that authorized such method for the 11 use or recycling of trash or other nonputrescible waste 12 materials and if the county further represents that such 13 materials include those materials described in s. 14 403.703(6)(b) s. 403.703(17)(b). The county shall provide 15 written notice of its determination to the department by no 16 later than April 30, 2007 December 31, 1996; thereafter, the 17 wood materials described in s. 403.703(6) s. 403.703(17)(b) 18 shall be excluded from the definition of "construction and 19 demolition debris" in s. 403.703(6) s. 403.703(17) within the 20 jurisdiction of such county. The county may withdraw or revoke 21 its determination at any time by providing written notice to 22 the department. 23 (k) Brazilian pepper and other invasive exotic plant 24 species as designated by the department resulting from 25 eradication projects may be processed at permitted 26 construction and demolition debris recycling facilities or 27 disposed of at permitted construction and demolition debris 28 disposal facilities or Class III facilities. The department 29 may adopt rules to implement this paragraph. 30 (10)(13) If the department and a local government 31 independently require financial assurance for the closure of a 43 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 privately owned solid waste management facility, the 2 department and that local government shall enter into an 3 interagency agreement that will allow the owner or operator to 4 provide a single financial mechanism to cover the costs of 5 closure and any required long-term care. The financial 6 mechanism may provide for the department and local government 7 to be cobeneficiaries or copayees, but shall not impose 8 duplicative financial requirements on the owner or operator. 9 These closure costs must include at least the minimum required 10 by department rules and must also include any additional costs 11 required by local ordinance or regulation. 12 (11)(14) Before or on the same day of filing with the 13 department of an application for a permit to construct or 14 substantially modify a solid waste management facility, the 15 applicant shall notify the local government having 16 jurisdiction over the facility of the filing of the 17 application. The applicant also shall publish notice of the 18 filing of the application in a newspaper of general 19 circulation in the area where the facility will be located. 20 Notice shall be given and published in accordance with 21 applicable department rules. The department shall not issue 22 the requested permit until the applicant has provided the 23 department with proof that the notices required by this 24 subsection have been given. Issuance of a permit does not 25 relieve an applicant from compliance with local zoning or land 26 use ordinances, or with any other law, rules, or ordinances. 27 (12)(15) Construction and demolition debris must be 28 separated from the solid waste stream and segregated in 29 separate locations at a solid waste disposal facility or other 30 permitted site. 31 (13)(16) No facility, solely by virtue of the fact 44 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 that it uses processed yard trash or clean wood or paper waste 2 as a fuel source, shall be considered to be a solid waste 3 disposal facility. 4 (14)(a) A permit to operate a solid waste management 5 facility may not be transferred by the permittee to any other 6 entity without the consent of the department. If the 7 permitted facility is sold or transferred, or if control of 8 the facility is transferred, the permittee must submit to the 9 department an "Application for Transfer of Permit" no later 10 than 30 days after the transfer of ownership or control. The 11 department shall approve the transfer of a permit unless it 12 determines that the proposed new permittee cannot provide 13 reasonable assurance that the conditions of the permit will be 14 met. No permit may be transferred until proof of financial 15 assurance is provided by the proposed new permittee. Until 16 the transfer is approved by the department, the existing 17 permittee is liable for compliance with the terms of the 18 permit, including the financial assurance requirements. 19 (b) When the transfer of the permit to the new 20 operator or owner has been approved, the department shall 21 return any means of proof of financial assurance held by the 22 permittee and he or she shall be released from his permit 23 obligations. 24 (c) The "Application for Transfer of Permit" shall 25 clearly state in bold letters that the permit cannot be 26 transferred without proof of financial responsibility. Until 27 the permit is transferred, the new owner or operator may not 28 operate the facility without the express consent of the 29 permittee. 30 (d) The department is authorized to adopt rules to 31 implement the provisions of this subsection, including 45 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 procedural rules and the permit transfer form. 2 Section 12. Section 403.7071, Florida Statutes, is 3 created to read: 4 403.7071 Management of storm-generated debris.--Solid 5 waste generated as a result of a storm event that is the 6 subject of an emergency order issued by the department may be 7 managed as follows: 8 (1) To the greatest extent practicable, recycling and 9 reuse of storm-generated vegetative debris is encouraged. 10 Such recycling and reuse must be conducted in accordance with 11 applicable department regulations and may include, but is not 12 limited to, chipping and grinding of the vegetative debris to 13 be beneficially used as a ground cover or as a soil amendment, 14 composting of the vegetative debris, and the burning of such 15 chipped vegetative debris as fuel for any applicable 16 commercial or industrial application. 17 (2) The Department of Environmental Protection may 18 issue field authorizations for staging areas in those counties 19 affected by a storm event. Such staging areas may be used for 20 the temporary storage and management of storm-generated 21 debris, including the chipping, grinding, or burning of 22 vegetative debris. Field authorizations may include specific 23 conditions for the operation and closure of the staging area 24 and shall include a required closure date. To the greatest 25 extent possible, staging areas may not be located in wetlands 26 or other surface waters. The area that is used or affected by 27 a staging area must be fully restored upon cessation of the 28 use of the area. 29 (3) Storm-generated vegetative debris managed at a 30 staging area may be disposed of in a permitted lined or 31 unlined landfill, a permitted land clearing debris facility, a 46 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 permitted or certified waste-to-energy facility, or a 2 permitted construction and demolition debris disposal 3 facility. Vegetative debris may also be managed at a 4 permitted waste processing facility or a registered yard trash 5 processing facility. 6 (4) Construction and demolition debris that is mixed 7 with other storm-generated debris need not be segregated from 8 other solid waste prior to disposal in a lined landfill. 9 Construction and demolition debris that is source-separated or 10 is separated from other hurricane-generated debris at an 11 authorized staging area, or at another area permitted or 12 specifically authorized by the department, may be managed at a 13 permitted construction and demolition debris disposal 14 facility. Class III landfill, or recycling facility upon 15 approval by the department of the methods and operational 16 practices used to inspect the waste during segregation. 17 (5) Unsalvageable refrigerators and freezers 18 containing solid waste, such as rotting food, which may create 19 a sanitary nuisance may be disposed of in a permitted lined 20 landfill; however; chlorofluorocarbons and capacitors must be 21 removed and recycled to the greatest extent practicable. 22 (6) Local governments or their agents may conduct the 23 burning of storm-generated yard trash and other vegetative 24 debris in air-curtain incinerators without prior notice to the 25 department. Demolitions debris may also be burned in 26 air-curtain incinerators if the material is limited to 27 untreated wood. Within 10 days after commencing such burning, 28 the local government shall notify the department in writing 29 describing the general nature of the materials burned; the 30 location and method of burning; and the name, address, and 31 telephone number of the representative of the local government 47 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 to contact concerning the work. The operator of the 2 air-curtain incinerator is subject to any requirement to 3 obtain an open-burning authorization from the Division of 4 Forestry or any other agency empowered to grant such 5 authorization. 6 (7) Any person conducting open burning of vegetative 7 debris piles is subject to the requirements for obtaining 8 authorizations from the Divisions of Forestry. 9 Section 13. Section 403.708, Florida Statutes, is 10 amended to read: 11 403.708 Prohibition; penalty.-- 12 (1) No person shall: 13 (a) Place or deposit any solid waste in or on the land 14 or waters located within the state except in a manner approved 15 by the department and consistent with applicable approved 16 programs of counties or municipalities. However, nothing in 17 this act shall be construed to prohibit the disposal of solid 18 waste without a permit as provided in s. 403.707(2). 19 (b) Burn solid waste except in a manner prescribed by 20 the department and consistent with applicable approved 21 programs of counties or municipalities. 22 (c) Construct, alter, modify, or operate a solid waste 23 management facility or site without first having obtained from 24 the department any permit required by s. 403.707. 25 (2) No beverage shall be sold or offered for sale 26 within the state in a beverage container designed and 27 constructed so that the container is opened by detaching a 28 metal ring or tab. 29 (3) For purposes of subsections (2), (9), and (10): 30 (a) "Degradable," with respect to any material, means 31 that such material, after being discarded, is capable of 48 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 decomposing to components other than heavy metals or other 2 toxic substances, after exposure to bacteria, light, or 3 outdoor elements. 4 (a)(b) "Beverage" means soda water, carbonated natural 5 or mineral water, or other nonalcoholic carbonated drinks; 6 soft drinks, whether or not carbonated; beer, ale, or other 7 malt drink of whatever alcoholic content; or a mixed wine 8 drink or a mixed spirit drink. 9 (b)(c) "Beverage container" means an airtight 10 container which at the time of sale contains 1 gallon or less 11 of a beverage, or the metric equivalent of 1 gallon or less, 12 and which is composed of metal, plastic, or glass or a 13 combination thereof. 14 (4) The Division of Alcoholic Beverages and Tobacco of 15 the Department of Business and Professional Regulation may 16 impose a fine of not more than $100 on any person currently 17 licensed pursuant to s. 561.14 for each violation of the 18 provisions of subsection (2). If the violation is of a 19 continuing nature, each day during which such violation occurs 20 shall constitute a separate and distinct offense and shall be 21 subject to a separate fine. 22 (5) The Department of Agriculture and Consumer 23 Services may impose a fine of not more than $100 on any person 24 not currently licensed pursuant to s. 561.14 for each 25 violation of the provisions of subsection (2). If the 26 violation is of a continuing nature, each day during which 27 such violation occurs shall constitute a separate and distinct 28 offense and shall be subject to a separate fine. 29 (6) Fifty percent of each fine collected pursuant to 30 subsections (4) and (5) shall be deposited into the Solid 31 Waste Management Trust Fund. The balance of fines collected 49 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 pursuant to subsection (4) shall be deposited into the 2 Alcoholic Beverage and Tobacco Trust Fund for the use of the 3 division for inspection and enforcement of the provisions of 4 this section. The balance of fines collected pursuant to 5 subsection (5) shall be deposited into the General Inspection 6 Trust Fund for the use of the Department of Agriculture and 7 Consumer Services for inspection and enforcement of the 8 provisions of this section. 9 (7) The Division of Alcoholic Beverages and Tobacco 10 and the Department of Agriculture and Consumer Services shall 11 coordinate their responsibilities under the provisions of this 12 section to ensure that inspections and enforcement are 13 accomplished in an efficient, cost-effective manner. 14 (8) A person may not distribute, sell, or expose for 15 sale in this state any plastic bottle or rigid container 16 intended for single use unless such container has a molded 17 label indicating the plastic resin used to produce the plastic 18 container. The label must appear on or near the bottom of the 19 plastic container product and be clearly visible. This label 20 must consist of a number placed inside a triangle and letters 21 placed below the triangle. The triangle must be equilateral 22 and must be formed by three arrows, and, in the middle of each 23 arrow, there must be a rounded bend that forms one apex of the 24 triangle. The pointer, or arrowhead, of each arrow must be at 25 the midpoint of a side of the triangle, and a short gap must 26 separate each pointer from the base of the adjacent arrow. 27 The three curved arrows that form the triangle must depict a 28 clockwise path around the code number. Plastic bottles of less 29 than 16 ounces, rigid plastic containers of less than 8 30 ounces, and plastic casings on lead-acid storage batteries are 31 not required to be labeled under this section. The numbers 50 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 and letters must be as follows: 2 (a) For polyethylene terephthalate, the letters "PETE" 3 and the number 1. 4 (b) For high-density polyethylene, the letters "HDPE" 5 and the number 2. 6 (c) For vinyl, the letter "V" and the number 3. 7 (d) For low-density polyethylene, the letters "LDPE" 8 and the number 4. 9 (e) For polypropylene, the letters "PP" and the number 10 5. 11 (f) For polystyrene, the letters "PS" and the number 12 6. 13 (g) For any other, the letters "OTHER" and the number 14 7. 15 (9) No person shall distribute, sell, or expose for 16 sale in this state any product packaged in a container or 17 packing material manufactured with fully halogenated 18 chlorofluorocarbons (CFC). Producers of containers or packing 19 material manufactured with chlorofluorocarbons (CFC) are urged 20 to introduce alternative packaging materials which are 21 environmentally compatible. 22 (10) The packaging of products manufactured or sold in 23 the state may not be controlled by governmental rule, 24 regulation, or ordinance adopted after March 1, 1974, other 25 than as expressly provided in this act. 26 (11) Violations of this part or rules, regulations, 27 permits, or orders issued thereunder by the department and 28 violations of approved local programs of counties or 29 municipalities or rules, regulations, or orders issued 30 thereunder shall be punishable by a civil penalty as provided 31 in s. 403.141. 51 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 (12) The department or any county or municipality may 2 also seek to enjoin the violation of, or enforce compliance 3 with, this part or any program adopted hereunder as provided 4 in s. 403.131. 5 (13) In accordance with the following schedule, No 6 person who knows or who should know of the nature of the 7 following types of such solid waste shall dispose of such 8 solid waste in landfills: 9 (a) Lead-acid batteries, after January 1, 1989. 10 Lead-acid batteries also may shall not be disposed of in any 11 waste-to-energy facility after January 1, 1989. To encourage 12 proper collection and recycling, all persons who sell 13 lead-acid batteries at retail shall accept used lead-acid 14 batteries as trade-ins for new lead-acid batteries. 15 (b) Used oil, after October 1, 1988. 16 (c) Yard trash, after January 1, 1992, except in lined 17 unlined landfills classified by department rule as Class I 18 landfills. Yard trash that is source separated from solid 19 waste may be accepted at a solid waste disposal area where the 20 area provides and maintains separate yard trash composting 21 facilities. The department recognizes that incidental amounts 22 of yard trash may be disposed of in Class I lined landfills. 23 In any enforcement action taken pursuant to this paragraph, 24 the department shall consider the difficulty of removing 25 incidental amounts of yard trash from a mixed solid waste 26 stream. 27 (d) White goods, after January 1, 1990. 28 29 Prior to the effective dates specified in paragraphs (a)-(d), 30 the department shall identify and assist in developing 31 alternative disposal, processing, or recycling options for the 52 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 solid wastes identified in paragraphs (a)-(d). 2 Section 14. Section 403.709, Florida Statutes, is 3 amended to read: 4 403.709 Solid Waste Management Trust Fund; use of 5 waste tire fees.--There is created the Solid Waste Management 6 Trust Fund, to be administered by the department. 7 (1) From The annual revenues deposited in the trust 8 fund, unless otherwise specified in the General Appropriations 9 Act, shall be used as follows: 10 (a)(1) Up to 40 percent shall be used for Funding 11 solid waste activities of the department and other state 12 agencies, such as providing technical assistance to local 13 governments and the private sector, performing solid waste 14 regulatory and enforcement functions, preparing solid waste 15 documents, and implementing solid waste education programs. 16 (b)(2) Up to 4.5 percent shall be used for Funding 17 research and training programs relating to solid waste 18 management through the Center for Solid and Hazardous Waste 19 Management and other organizations which can reasonably 20 demonstrate the capability to carry out such projects. 21 (c)(3) Up to 11 percent shall be used for Funding to 22 supplement any other funds provided to the Department of 23 Agriculture and Consumer Services for mosquito control. This 24 distribution shall be annually transferred to the General 25 Inspection Trust Fund in the Department of Agriculture and 26 Consumer Services to be used for mosquito control, especially 27 control of West Nile Virus. 28 (d)(4) Up to 4.5 percent shall be used for Funding to 29 the Department of Transportation for litter prevention and 30 control programs coordinated by Keep Florida Beautiful, Inc. 31 (e)(5) A minimum of 40 percent shall be used for 53 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Funding a competitive and innovative grant program pursuant to 2 s. 403.7095 for activities relating to recycling and reducing 3 the volume of municipal solid waste, including waste tires 4 requiring final disposal. 5 (2)(6) The department shall recover to the use of the 6 fund from the site owner or the person responsible for the 7 accumulation of tires at the site, jointly and severally, all 8 sums expended from the fund pursuant to this section to manage 9 tires at an illegal waste tire site, except that the 10 department may decline to pursue such recovery if it finds the 11 amount involved too small or the likelihood of recovery too 12 uncertain. If a court determines that the owner is unable or 13 unwilling to comply with the rules adopted pursuant to this 14 section or s. 403.717, the court may authorize the department 15 to take possession and control of the waste tire site in order 16 to protect the health, safety, and welfare of the community 17 and the environment. 18 (3)(7) The department may impose a lien on the real 19 property on which the waste tire site is located and the waste 20 tires equal to the estimated cost to bring the tire site into 21 compliance, including attorney's fees and court costs. Any 22 owner whose property has such a lien imposed may release her 23 or his property from any lien claimed under this subsection by 24 filing with the clerk of the circuit court a cash or surety 25 bond, payable to the department in the amount of the estimated 26 cost of bringing the tire site into compliance with department 27 rules, including attorney's fees and court costs, or the value 28 of the property after the abatement action is complete, 29 whichever is less. No lien provided by this subsection shall 30 continue for a longer period than 4 years after the completion 31 of the abatement action unless within that time an action to 54 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 enforce the lien is commenced in a court of competent 2 jurisdiction. The department may take action to enforce the 3 lien in the same manner used for construction liens under part 4 I of chapter 713. 5 (4)(8) This section does not limit the use of other 6 remedies available to the department. 7 Section 15. Subsection (5) of section 403.7095, 8 Florida Statutes, is amended to read: 9 403.7095 Solid waste management grant program.-- 10 (5) From the funds made available pursuant to s. 11 403.709(1)(e) s. 403.709(5) for the grant program created by 12 this section, the following distributions shall be made: 13 (a) Up to 15 percent for the program described in 14 subsection (1); 15 (b) Up to 35 percent for the program described in 16 subsection (3); and 17 (c) Up to 50 percent for the program described in 18 subsection (4). 19 Section 16. Section 403.7125, Florida Statutes, is 20 amended to read: 21 403.7125 Financial assurance for closure Landfill 22 management escrow account.-- 23 (1) As used in this section: 24 (a) "Landfill" means any solid waste land disposal 25 area for which a permit, other than a general permit, is 26 required by s. 403.707 that receives solid waste for disposal 27 in or upon land other than a land-spreading site, injection 28 well, or a surface impoundment. 29 (b) "Closure" means the ceasing operation of a 30 landfill and securing such landfill so that it does not pose a 31 significant threat to public health or the environment and 55 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 includes long-term monitoring and maintenance of a landfill. 2 (c) "Owner or operator" means, in addition to the 3 usual meanings of the term, any owner of record of any 4 interest in land whereon a landfill is or has been located and 5 any person or corporation which owns a majority interest in 6 any other corporation which is the owner or operator of a 7 landfill. 8 (1)(2) Every owner or operator of a landfill is 9 jointly and severally liable for the improper operation and 10 closure of the landfill, as provided by law. As used in this 11 section, the term "owner or operator" means any owner of 12 record of any interest in land wherein a landfill is or has 13 been located and any person or corporation that owns a 14 majority interest in any other corporation that is the owner 15 or operator of a landfill. 16 (2)(3) The owner or operator of a landfill owned or 17 operated by a local or state government or the Federal 18 Government shall establish a fee, or a surcharge on existing 19 fees or other appropriate revenue-producing mechanism, to 20 ensure the availability of financial resources for the proper 21 closure of the landfill. However, the disposal of solid waste 22 by persons on their own property, as described in s. 23 403.707(2), is exempt from the provisions of this section. 24 (a) The revenue-producing mechanism must produce 25 revenue at a rate sufficient to generate funds to meet state 26 and federal landfill closure requirements. 27 (b) The revenue shall be deposited in an 28 interest-bearing escrow account to be held and administered by 29 the owner or operator. The owner or operator shall file with 30 the department an annual audit of the account. The audit shall 31 be conducted by an independent certified public accountant. 56 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Failure to collect or report such revenue, except as allowed 2 in subsection (3) (4), is a noncriminal violation punishable 3 by a fine of not more than $5,000 for each offense. The owner 4 or operator may make expenditures from the account and its 5 accumulated interest only for the purpose of landfill closure 6 and, if such expenditures do not deplete the fund to the 7 detriment of eventual closure, for planning and construction 8 of resource recovery or landfill facilities. Any moneys 9 remaining in the account after paying for proper and complete 10 closure, as determined by the department, shall, if the owner 11 or operator does not operate a landfill, be deposited by the 12 owner or operator into the general fund or the appropriate 13 solid waste fund of the local government of jurisdiction. 14 (c) The revenue generated under this subsection and 15 any accumulated interest thereon may be applied to the payment 16 of, or pledged as security for, the payment of revenue bonds 17 issued in whole or in part for the purpose of complying with 18 state and federal landfill closure requirements. Such 19 application or pledge may be made directly in the proceedings 20 authorizing such bonds or in an agreement with an insurer of 21 bonds to assure such insurer of additional security therefor. 22 (d) The provisions of s. 212.055 which that relate to 23 raising of revenues for landfill closure or long-term 24 maintenance do not relieve a landfill owner or operator from 25 the obligations of this section. 26 (e) The owner or operator of any landfill that had 27 established an escrow account in accordance with this section 28 and the conditions of its permit prior to January 1, 2006, may 29 continue to use that escrow account to provide financial 30 assurance for closure of that landfill, even if that landfill 31 is not owned or operated by a local or state government or the 57 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Federal Government. 2 (3)(4) An owner or operator of a landfill owned or 3 operated by a local or state government or by the Federal 4 Government may provide financial assurance to establish proof 5 of financial responsibility with the department in lieu of the 6 requirements of subsection (2) (3). An owner or operator of 7 any other landfill, or any other solid waste management 8 facility designated by department rule, shall provide 9 financial assurance to the department for the closure of the 10 facility. Such financial assurance proof may include surety 11 bonds, certificates of deposit, securities, letters of credit, 12 or other documents showing that the owner or operator has 13 sufficient financial resources to cover, at a minimum, the 14 costs of complying with applicable landfill closure 15 requirements. The owner or operator shall estimate such costs 16 to the satisfaction of the department. 17 (4)(5) This section does not repeal, limit, or 18 abrogate any other law authorizing local governments to fix, 19 levy, or charge rates, fees, or charges for the purpose of 20 complying with state and federal landfill closure 21 requirements. 22 (5)(6) The department shall adopt rules to implement 23 this section. 24 Section 17. Section 403.716, Florida Statutes, is 25 amended to read: 26 403.716 Training of operators of solid waste 27 management and other facilities.-- 28 (1) The department shall establish qualifications for, 29 and encourage the development of training programs for, 30 operators of landfills, coordinators of local recycling 31 programs, operators of waste-to-energy facilities, biomedical 58 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 waste incinerators, and mobile soil thermal treatment units or 2 facilities, and operators of other solid waste management 3 facilities. 4 (2) The department shall work with accredited 5 community colleges, career centers, state universities, and 6 private institutions in developing educational materials, 7 courses of study, and other such information to be made 8 available for persons seeking to be trained as operators of 9 solid waste management facilities. 10 (3) A person may not perform the duties of an operator 11 of a landfill, or perform the duties of an operator of a 12 waste-to-energy facility, biomedical waste incinerator, or 13 mobile soil thermal treatment unit or facility, unless she or 14 he has completed an operator training course approved by the 15 department or she or he has qualified as an interim operator 16 in compliance with requirements established by the department 17 by rule. An owner of a landfill, waste-to-energy facility, 18 biomedical waste incinerator, or mobile soil thermal treatment 19 unit or facility may not employ any person to perform the 20 duties of an operator unless such person has completed an 21 approved landfill, waste-to-energy facility, biomedical waste 22 incinerator, or mobile soil thermal treatment unit or facility 23 operator training course, as appropriate, or has qualified as 24 an interim operator in compliance with requirements 25 established by the department by rule. The department may 26 establish by rule operator training requirements for other 27 solid waste management facilities and facility operators. 28 (4) The department has authority to adopt minimum 29 standards and other rules pursuant to ss. 120.536(1) and 30 120.54 to implement the provisions of this section. The 31 department shall ensure the safe, healthy, and lawful 59 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 operation of solid waste management facilities in this state. 2 The department may establish by rule various classifications 3 for operators to cover the need for differing levels of 4 training required to operate various types of solid waste 5 management facilities due to different operating requirements 6 at such facilities. 7 (5) For purposes of this section, the term "operator" 8 means any person, including the owner, who is principally 9 engaged in, and is in charge of, the actual operation, 10 supervision, and maintenance of a solid waste management 11 facility and includes the person in charge of a shift or 12 period of operation during any part of the day. 13 Section 18. Section 403.717, Florida Statutes, is 14 amended to read: 15 403.717 Waste tire and lead-acid battery 16 requirements.-- 17 (1) For purposes of this section and ss. 403.718 and 18 403.7185: 19 (a) "Department" means the Department of Environmental 20 Protection. 21 (b) "Motor vehicle" means an automobile, motorcycle, 22 truck, trailer, semitrailer, truck tractor and semitrailer 23 combination, or any other vehicle operated in this state, used 24 to transport persons or property and propelled by power other 25 than muscular power, but the term does not include traction 26 engines, road rollers, such vehicles as run only upon a track, 27 bicycles, mopeds, or farm tractors and trailers. 28 (c) "Tire" means a continuous solid or pneumatic 29 rubber covering encircling the wheel of a motor vehicle. 30 (d) "Waste tire" means a tire that has been removed 31 from a motor vehicle and has not been retreaded or regrooved. 60 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 "Waste tire" includes, but is not limited to, used tires and 2 processed tires. The term does not include solid rubber tires 3 and tires that are inseparable from the rim. 4 (e) "Waste tire collection center" means a site where 5 waste tires are collected from the public prior to being 6 offered for recycling and where fewer than 1,500 tires are 7 kept on the site on any given day. 8 (f) "Waste tire processing facility" means a site 9 where equipment is used to treat waste tires mechanically, 10 chemically, or thermally so that the resulting material is a 11 marketable product or is suitable for proper disposal 12 recapture reusable byproducts from waste tires or to cut, 13 burn, or otherwise alter waste tires so that they are no 14 longer whole. The term includes mobile waste tire processing 15 equipment. 16 (g) "Waste tire site" means a site at which 1,500 or 17 more waste tires are accumulated. 18 (h) "Lead-acid battery" means a those lead-acid 19 battery batteries designed for use in motor vehicles, vessels, 20 and aircraft, and includes such batteries when sold new as a 21 component part of a motor vehicle, vessel, or aircraft, but 22 not when sold to recycle components. 23 (i) "Indoor" means within a structure that which 24 excludes rain and public access and would control air flows in 25 the event of a fire. 26 (j) "Processed tire" means a tire that has been 27 treated mechanically, chemically, or thermally so that the 28 resulting material is a marketable product or is suitable for 29 proper disposal. 30 (k) "Used tire" means a waste tire which has a minimum 31 tread depth of 3/32 inch or greater and is suitable for use 61 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 on a motor vehicle. 2 (2) The owner or operator of any waste tire site shall 3 provide the department with information concerning the site's 4 location, size, and the approximate number of waste tires that 5 are accumulated at the site and shall initiate steps to comply 6 with subsection (3). 7 (3)(a) A person may not maintain a waste tire site 8 unless such site is: 9 1. An integral part of the person's permitted waste 10 tire processing facility; or 11 2. Used for the storage of waste tires prior to 12 processing and is located at a permitted solid waste 13 management facility. 14 (b) It is unlawful for any person to dispose of waste 15 tires or processed tires in the state except at a permitted 16 solid waste management facility. Collection or storage of 17 waste tires at a permitted waste tire processing facility or 18 waste tire collection center prior to processing or use does 19 not constitute disposal, provided that the collection and 20 storage complies with rules established by the department. 21 (c) Whole waste tires may not be deposited in a 22 landfill as a method of ultimate disposal. 23 (d) A person may not contract with a waste tire 24 collector for the transportation, disposal, or processing of 25 waste tires unless the collector is registered with the 26 department or exempt from requirements provided under this 27 section. Any person who contracts with a waste tire collector 28 for the transportation of more than 25 waste tires per month 29 from a single business location must maintain records for that 30 location and make them available for review by the department 31 or by law enforcement officers, which records must contain the 62 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 date when the tires were transported, the quantity of tires, 2 the registration number of the collector, and the name of the 3 driver. 4 (4) The department shall adopt rules to carry out the 5 provisions of this section and s. 403.718. Such rules shall: 6 (a) Provide for the administration or revocation of 7 waste tire processing facility permits, including mobile 8 processor permits; 9 (b) Provide for the administration or revocation of 10 waste tire collector registrations, the fees for which may not 11 exceed $50 per vehicle registered annually; 12 (c) Provide for the administration or revocation of 13 waste tire collection center permits, the fee for which may 14 not exceed $250 annually; 15 (d) Set standards, including financial assurance 16 standards, for waste tire processing facilities and associated 17 waste tire sites, waste tire collection centers, waste tire 18 collectors, and for the storage of waste tires and processed 19 tires, including storage indoors; 20 (e) The department may by rule exempt not-for-hire 21 waste tire collectors and processing facilities from financial 22 assurance requirements; 23 (f) Authorize the final disposal of waste tires at a 24 permitted solid waste disposal facility provided the tires 25 have been cut into sufficiently small parts to assure their 26 proper disposal; and 27 (g) Allow waste tire material which has been cut into 28 sufficiently small parts to be used as daily cover material 29 for a landfill. 30 (5) A permit is not required for tire storage at: 31 (a) A tire retreading business where fewer than 1,500 63 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 waste tires are kept on the business premises; 2 (b) A business that, in the ordinary course of 3 business, removes tires from motor vehicles if fewer than 4 1,500 of these tires are kept on the business premises; or 5 (c) A retail tire-selling business which is serving as 6 a waste tire collection center if fewer than 1,500 waste tires 7 are kept on the business premises. 8 (5)(6)(a) The department shall encourage the voluntary 9 establishment of waste tire collection centers at retail 10 tire-selling businesses, waste tire processing facilities, and 11 solid waste disposal facilities, to be open to the public for 12 the deposit of waste tires. 13 (b) The department is authorized to establish an 14 incentives program for individuals to encourage them to return 15 their waste tires to a waste tire collection center. The 16 incentives used by the department may involve the use of 17 discount or prize coupons, prize drawings, promotional 18 giveaways, or other activities the department determines will 19 promote collection, reuse, volume reduction, and proper 20 disposal of waste tires. 21 (c) The department may contract with a promotion 22 company to administer the incentives program. 23 Section 19. Section 403.7221, Florida Statutes, is 24 transferred, renumbered as section 403.70715, Florida 25 Statutes, and is amended to read: 26 403.70715 403.7221 Research, development, and 27 demonstration permits.-- 28 (1) The department may issue a research, development, 29 and demonstration permit to the owner or operator of any solid 30 waste management facility, including any hazardous waste 31 management facility, who proposes to utilize an innovative and 64 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 experimental solid waste treatment technology or process for 2 which permit standards have not been promulgated. Permits 3 shall: 4 (a) Provide for construction and operation of the 5 facility for not longer than 3 years 1 year, renewable no more 6 than 3 times. 7 (b) Provide for the receipt and treatment by the 8 facility of only those types and quantities of solid waste 9 which the department deems necessary for purposes of 10 determining the performance capabilities of the technology or 11 process and the effects of such technology or process on human 12 health and the environment. 13 (c) Include requirements the department deems 14 necessary which may include monitoring, operation, testing, 15 financial responsibility, closure, and remedial action. 16 (2) The department may apply the criteria set forth in 17 this section in establishing the conditions of each permit 18 without separate establishment of rules implementing such 19 criteria. 20 (3) For the purpose of expediting review and issuance 21 of permits under this section, the department may, consistent 22 with the protection of human health and the environment, 23 modify or waive permit application and permit issuance 24 requirements, except that there shall be no modification or 25 waiver of regulations regarding financial responsibility or of 26 procedures established regarding public participation. 27 (4) The department may order an immediate termination 28 of all operations at the facility at any time upon a 29 determination that termination is necessary to protect human 30 health and the environment. 31 Section 20. Section 403.722, Florida Statutes, is 65 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 amended to read: 2 403.722 Permits; hazardous waste disposal, storage, 3 and treatment facilities.-- 4 (1) Each person who intends to or is required to 5 construct, modify, operate, or close a hazardous waste 6 disposal, storage, or treatment facility shall obtain a 7 construction permit, operation permit, postclosure permit, 8 clean closure plan approval, or corrective action permit from 9 the department prior to constructing, modifying, operating, or 10 closing the facility. By rule, the department may provide for 11 the issuance of a single permit instead of any two or more 12 hazardous waste facility permits. 13 (2) Any owner or operator of a hazardous waste 14 facility in operation on the effective date of the department 15 rule listing and identifying hazardous wastes shall file an 16 application for a temporary operation permit within 6 months 17 after the effective date of such rule. The department, upon 18 receipt of a properly completed application, shall identify 19 any department rules which are being violated by the facility 20 and shall establish a compliance schedule. However, if the 21 department determines that an imminent hazard exists, the 22 department may take any necessary action pursuant to s. 23 403.726 to abate the hazard. The department shall issue a 24 temporary operation permit to such facility within the time 25 constraints of s. 120.60 upon submission of a properly 26 completed application which is in conformance with this 27 subsection. Temporary operation permits for such facilities 28 shall be issued for up to 3 years only. Upon termination of 29 the temporary operation permit and upon proper application by 30 the facility owner or operator, the department shall issue an 31 operation permit for such existing facilities if the applicant 66 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 has corrected all of the deficiencies identified in the 2 temporary operation permit and is in compliance with all other 3 rules adopted pursuant to this act. 4 (3) Permit Applicants shall provide any information 5 that which will enable the department to determine that the 6 proposed construction, modification, operation, or closure, or 7 corrective action will comply with this act and any applicable 8 rules. In no instance shall any person construct, modify, 9 operate, or close a facility or perform corrective actions at 10 a facility in contravention of the standards, requirements, or 11 criteria for a hazardous waste facility. Authorizations 12 Permits issued under this section may include any permit 13 conditions necessary to achieve compliance with applicable 14 hazardous waste rules and necessary to protect human health 15 and the environment. 16 (4) The department may require, in an a permit 17 application, submission of information concerning matters 18 specified in s. 403.721(6) as well as information respecting: 19 (a) Estimates of the composition, quantity, and 20 concentration of any hazardous waste identified or listed 21 under this act or combinations of any such waste and any other 22 solid waste, proposed to be disposed of, treated, transported, 23 or stored and the time, frequency, or rate at which such waste 24 is proposed to be disposed of, treated, transported, or 25 stored; and 26 (b) The site to which such hazardous waste or the 27 products of treatment of such hazardous waste will be 28 transported and at which it will be disposed of, treated, or 29 stored. 30 (5) An authorization A permit issued pursuant to this 31 section is not a vested right. The department may revoke or 67 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 modify any such authorization permit. 2 (a) Authorizations Permits may be revoked for failure 3 of the holder to comply with the provisions of this act, the 4 terms of the authorization permit, the standards, 5 requirements, or criteria adopted pursuant to this act, or an 6 order of the department; for refusal by the holder to allow 7 lawful inspection; for submission by the holder of false or 8 inaccurate information in the permit application; or if 9 necessary to protect the public health or the environment. 10 (b) Authorizations Permits may be modified, upon 11 request of the holder permittee, if such modification is not 12 in violation of this act or department rules or if the 13 department finds the modification necessary to enable the 14 facility to remain in compliance with this act and department 15 rules. 16 (c) An owner or operator of a hazardous waste facility 17 in existence on the effective date of a department rule 18 changing an exemption or listing and identifying the hazardous 19 wastes that which require that facility to be permitted who 20 notifies the department pursuant to s. 403.72, and who has 21 applied for a permit pursuant to subsection (2), may continue 22 to operate until be issued a temporary operation permit. If 23 such owner or operator intends to or is required to 24 discontinue operation, the temporary operation permit must 25 include final closure conditions. 26 (6) A hazardous waste facility permit issued pursuant 27 to this section shall satisfy the permit requirements of s. 28 403.707(1). The permit exemptions provided in s. 403.707(2) 29 shall not apply to hazardous waste. 30 (7) The department may establish permit application 31 procedures for hazardous waste facilities, which procedures 68 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 may vary based on differences in amounts, types, and 2 concentrations of hazardous waste and on differences in the 3 size and location of facilities and which procedures may take 4 into account permitting procedures of other laws not in 5 conflict with this act. 6 (8) For authorizations permits required by this 7 section, the department may require that a fee be paid and may 8 establish, by rule, a fee schedule based on the degree of 9 hazard and the amount and type of hazardous waste disposed of, 10 stored, or treated at the facility. 11 (9) It shall not be a requirement for the issuance of 12 such a hazardous waste authorization permit that the facility 13 complies with an adopted local government comprehensive plan, 14 local land use ordinances, zoning ordinances or regulations, 15 or other local ordinances. However, such an authorization a 16 permit issued by the department shall not override adopted 17 local government comprehensive plans, local land use 18 ordinances, zoning ordinances or regulations, or other local 19 ordinances. 20 (10) Notwithstanding ss. 120.60(1) and 403.815: 21 (a) The time specified by law for permit review shall 22 be tolled by the request of the department for publication of 23 notice of proposed agency action to issue a permit for a 24 hazardous waste treatment, storage, or disposal facility and 25 shall resume 45 days after receipt by the department of proof 26 of publication. If, within 45 days after publication of the 27 notice of the proposed agency action, the department receives 28 written notice of opposition to the intention of the agency to 29 issue such permit and receives a request for a hearing, the 30 department shall provide for a hearing pursuant to ss. 120.569 31 and 120.57, if requested by a substantially affected party, or 69 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 an informal public meeting, if requested by any other person. 2 The failure to request a hearing within 45 days after 3 publication of the notice of the proposed agency action 4 constitutes a waiver of the right to a hearing under ss. 5 120.569 and 120.57. The permit review time period shall 6 continue to be tolled until the completion of such hearing or 7 meeting and shall resume within 15 days after conclusion of a 8 public hearing held on the application or within 45 days after 9 the recommended order is submitted to the agency and the 10 parties, whichever is later. 11 (b) Within 60 days after receipt of an application for 12 a hazardous waste facility permit, the department shall 13 examine the application, notify the applicant of any apparent 14 errors or omissions, and request any additional information 15 the department is permitted by law to require. The failure to 16 correct an error or omission or to supply additional 17 information shall not be grounds for denial of the permit 18 unless the department timely notified the applicant within the 19 60-day period, except that this paragraph does not prevent the 20 department from denying an application if the department does 21 not possess sufficient information to ensure that the facility 22 is in compliance with applicable statutes and rules. 23 (c) The department shall approve or deny each 24 hazardous waste facility permit within 135 days after receipt 25 of the original application or after receipt of the requested 26 additional information or correction of errors or omissions. 27 However, the failure of the department to approve or deny 28 within the 135-day time period does not result in the 29 automatic approval or denial of the permit and does not 30 prevent the inclusion of specific permit conditions which are 31 necessary to ensure compliance with applicable statutes and 70 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 rules. If the department fails to approve or deny the permit 2 within the 135-day period, the applicant may petition for a 3 writ of mandamus to compel the department to act consistently 4 with applicable regulatory requirements. 5 (11) Hazardous waste facility operation permits shall 6 be issued for no more than 5 years. 7 (12) On the same day of filing with the department of 8 an application for a permit for the construction modification, 9 or operation of a hazardous waste facility, the applicant 10 shall notify each city and county within 1 mile of the 11 facility of the filing of the application and shall publish 12 notice of the filing of the application. The applicant shall 13 publish a second notice of the filing within 14 days after the 14 date of filing. Each notice shall be published in a newspaper 15 of general circulation in the county in which the facility is 16 located or is proposed to be located. Notwithstanding the 17 provisions of chapter 50, for purposes of this section, a 18 "newspaper of general circulation" shall be the newspaper 19 within the county in which the installation or facility is 20 proposed which has the largest daily circulation in that 21 county and has its principal office in that county. If the 22 newspaper with the largest daily circulation has its principal 23 office outside the county, the notice shall appear in both the 24 newspaper with the largest daily circulation in that county, 25 and a newspaper authorized to publish legal notices in that 26 county. The notice shall contain: 27 (a) The name of the applicant and a brief description 28 of the project and its location. 29 (b) The location of the application file and when it 30 is available for public inspection. 31 71 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 The notice shall be prepared by the applicant and shall comply 2 with the following format: 3 4 Notice of Application 5 The Department of Environmental Protection announces receipt 6 of an application for a permit from ...(name of applicant)... 7 to ...(brief description of project).... This proposed project 8 will be located at ...(location)... in ...(county)... 9 ...(city).... 10 11 This application is being processed and is available for 12 public inspection during normal business hours, 8:00 a.m. to 13 5:00 p.m., Monday through Friday, except legal holidays, at 14 ...(name and address of office).... 15 16 (13) A permit for the construction, modification, or 17 operation of a hazardous waste facility which initially was 18 issued under authority of this section, may not be transferred 19 by the permittee to any other entity, except in conformity 20 with the requirements of this subsection. 21 (a) At least 30 days prior to the sale or legal 22 transfer of a permitted facility, the permittee shall file 23 with the department an application for transfer of the permits 24 on such form as the department shall establish by rule. The 25 form must be completed with the notarized signatures of both 26 the transferring permittee and the proposed permittee. 27 (b) The department shall approve the transfer of a 28 permit unless it determines that the proposed permittee has 29 not provided reasonable assurances that the proposed permittee 30 has the administrative, technical, and financial capability to 31 properly satisfy the requirements and conditions of the 72 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 permit, as determined by department rule. The determination 2 shall be limited solely to the ability of the proposed 3 permittee to comply with the conditions of the existing 4 permit, and it shall not concern the adequacy of the permit 5 conditions. If the department proposes to deny the transfer, 6 it shall provide both the transferring permittee and the 7 proposed permittee a written objection to such transfer 8 together with notice of a right to request a proceeding on 9 such determination under chapter 120. 10 (c) Within 90 days after receiving a properly 11 completed application for transfer of permit, the department 12 shall issue a final determination. The department may toll the 13 time for making a determination on the transfer by notifying 14 both the transferring permittee and the proposed permittee 15 that additional information is required to adequately review 16 the transfer request. Such notification shall be served within 17 30 days after receipt of an application for transfer of 18 permit, completed pursuant to paragraph (a). However, the 19 failure of the department to approve or deny within the 90-day 20 time period does not result in the automatic approval or 21 denial of the transfer. If the department fails to approve or 22 deny the transfer within the 90-day period, the applicant may 23 petition for a writ of mandamus to compel the department to 24 act consistently with applicable regulatory requirements. 25 (d) The transferring permittee is encouraged to apply 26 for a permit transfer well in advance of the sale or legal 27 transfer of a permitted facility. However, the transfer or 28 the permit shall not be effective prior to the sale or legal 29 transfer of the facility. 30 (e) Until the transfer of the permit is approved by 31 the department, the transferring permittee and any other 73 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 person constructing, operating, or maintaining the permitted 2 facility shall be liable for compliance with the terms of the 3 permit. Nothing in this section shall relieve the transferring 4 permittee of liability for corrective actions that may be 5 required as a result of any violations occurring prior to the 6 legal transfer of the permit. 7 Section 21. Subsection (2) of section 403.7226, 8 Florida Statutes, is amended to read: 9 403.7226 Technical assistance by the department.--The 10 department shall: 11 (2) Identify short-term needs and long-term needs for 12 hazardous waste management for the state on the basis of the 13 information gathered through the local hazardous waste 14 management assessments and other information from state and 15 federal regulatory agencies and sources. The state needs 16 assessment must be ongoing and must be updated when new data 17 concerning waste generation and waste management technologies 18 become available. The department shall annually send a copy of 19 this assessment to the Governor and to the Legislature. 20 Section 22. Subsection (3) of section 403.724, Florida 21 Statutes, is amended to read: 22 403.724 Financial responsibility.-- 23 (3) The amount of financial responsibility required 24 shall be approved by the department upon each issuance, 25 renewal, or modification of a hazardous waste facility 26 authorization permit. Such factors as inflation rates and 27 changes in operation may be considered when approving 28 financial responsibility for the duration of the authorization 29 permit. The Office of Insurance Regulation of the Department 30 of Financial Services Commission shall be available to assist 31 the department in making this determination. In approving or 74 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 modifying the amount of financial responsibility, the 2 department shall consider: 3 (a) The amount and type of hazardous waste involved; 4 (b) The probable damage to human health and the 5 environment; 6 (c) The danger and probable damage to private and 7 public property near the facility; 8 (d) The probable time that the hazardous waste and 9 facility involved will endanger the public health, safety, and 10 welfare or the environment; and 11 (e) The probable costs of properly closing the 12 facility and performing corrective action. 13 Section 23. Section 403.7255, Florida Statutes, is 14 amended to read: 15 403.7255 Placement of signs Department to adopt 16 rules.-- 17 (1) The department shall adopt rules which establish 18 requirements and procedures for the placement of Signs must be 19 placed by the owner or operator at sites which may have been 20 contaminated by hazardous wastes. Sites shall include any site 21 in the state which that is listed or proposed for listing on 22 the Superfund Site List of the United States Environmental 23 Protection Agency or any site identified by the department as 24 a suspected or confirmed contaminated site contaminated by 25 hazardous waste where there is may be a risk of exposure to 26 the public. The requirements of this section shall not apply 27 to sites reported under ss. 376.3071 and 376.3072. The 28 department shall establish requirements and procedures for the 29 placement of signs, and may do so in rules, permits, orders, 30 or other authorizations. The authorization rules shall 31 establish the appropriate size for such signs, which size 75 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 shall be no smaller than 2 feet by 2 feet, and shall provide 2 in clearly legible print appropriate warning language for the 3 waste or other materials at the site and a telephone number 4 which may be called for further information. 5 (2) Violations of this act are punishable as provided 6 in s. 403.161(4). 7 (3) The provisions of this act are independent of and 8 cumulative to any other requirements and remedies in this 9 chapter or chapter 376, or any rules promulgated thereunder. 10 Section 24. Subsection (5) of section 403.726, Florida 11 Statutes, is amended to read: 12 403.726 Abatement of imminent hazard caused by 13 hazardous substance.-- 14 (5) The department may issue a permit or order 15 requiring prompt abatement of an imminent hazard. 16 Section 25. Section 403.7265, Florida Statutes, is 17 amended to read: 18 403.7265 Local hazardous waste collection program.-- 19 (1) The Legislature recognizes the need for local 20 governments to establish local hazardous waste management 21 programs and local collection centers throughout the state. 22 Local hazardous waste management programs are to educate and 23 assist small businesses and households in properly managing 24 the hazardous waste they generate. Local collection centers 25 are to serve a purpose similar to the collection locations 26 used in the amnesty days program described in s. 403.7264. 27 Such collection centers are to be operated to provide a 28 service to homeowners, farmers, and conditionally exempt small 29 quantity generators to encourage proper hazardous waste 30 management. Local collection centers will allow local 31 governments the opportunity to provide a location for 76 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 collection and temporary storage of small quantities of 2 hazardous waste. A private hazardous waste management company 3 should be responsible for collecting the waste within 90 days 4 for transfer to a permitted recycling, disposal, or treatment 5 facility. In time, local collection centers are to become 6 privately operated businesses in order to reduce the burden of 7 hazardous waste collection on local government. 8 (2) The department shall develop a statewide local 9 hazardous waste management plan which will ensure 10 comprehensive collection and proper management of hazardous 11 waste from small quantity generators and household hazardous 12 waste in Florida. The plan shall address, at a minimum, a 13 network of local collection centers, transfer stations, and 14 expanded hazardous waste collection route services. The plan 15 shall assess the need for additional compliance verification 16 inspections, enforcement, and penalties. The plan shall 17 include a strategy, timetable, and budget for implementation. 18 (2)(3) For the purposes of this section, the phrase: 19 (a) "Collection center" means a secured site approved 20 by the department to be used as a base for a hazardous waste 21 collection facility. 22 (b) "Regional collection center" means a facility 23 permitted by the department for the storage of hazardous 24 wastes. 25 (3)(4) The department shall establish a grant program 26 for local governments which desire to provide a local or 27 regional hazardous waste collection center. Grants shall be 28 authorized to cover collection center costs associated with 29 capital outlay for preparing a facility or site to safely 30 serve as a collection center and to cover costs of 31 administration, public awareness, and local amnesty days 77 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 programs. The total cost for administration and public 2 awareness shall not exceed 10 percent of the grant award. 3 Grants shall be available on a competitive basis to local 4 governments which: 5 (a) Comply with the provisions of ss. 403.7225 and 6 403.7264; 7 (b) Design a collection center which is approved by 8 the department; and 9 (c) Provide up to 33 percent of the capital outlay 10 money needed for the facility as matching money. 11 (4)(5) The maximum amount of a grant for any local 12 government participating in the development of a collection 13 center shall be $100,000. If a regional collection facility 14 is designed, each participating county shall be eligible for 15 up to $100,000. The department is authorized to use up to 1 16 percent of the funds appropriated for the local hazardous 17 waste collection center grant program for administrative costs 18 and public education relating to proper hazardous waste 19 management. 20 (5)(6) The department shall establish a cooperative 21 collection center arrangement grant program enabling a local 22 hazardous waste collection center grantee to receive a 23 financial incentive for hosting an amnesty days program in a 24 neighboring county that is currently unable to establish a 25 permanent collection center, but desires a local hazardous 26 waste collection. The grant may reimburse up to 75 percent of 27 the neighboring county's amnesty days. Grants shall be 28 available, on a competitive basis, to local governments which: 29 (a) Have established operational hazardous waste 30 collection centers and are willing to assume a host role, 31 similar to that of the state in the amnesty days program 78 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 described in s. 403.7264, in organizing a local hazardous 2 waste collection in the neighboring county. 3 (b) Enter into, and jointly submit, an interlocal 4 agreement outlining department-established duties for both the 5 host local government and neighboring county. 6 (6)(7) The maximum amount for the cooperative 7 collection center arrangement grant is $35,000, with a maximum 8 amnesty days reimbursement of $25,000, and a limit of $10,000 9 for the host local government. The host local government may 10 receive up to $10,000 per cooperative collection center 11 arrangement in addition to its maximum local hazardous waste 12 collection center grant. 13 (7)(8) The department has the authority to establish 14 an additional local project grant program enabling a local 15 hazardous waste collection center grantee to receive funding 16 for unique projects that improve the collection and lower the 17 incidence of improper management of conditionally exempt or 18 household hazardous waste. Eligible local governments may 19 receive up to $50,000 in grant funds for these unique and 20 innovative projects, provided they match 25 percent of the 21 grant amount. If the department finds that the project has 22 statewide applicability and immediate benefits to other local 23 hazardous waste collection programs in the state, matching 24 funds are not required. This grant will not count toward the 25 $100,000 maximum grant amount for development of a collection 26 center. 27 (8)(9) The department has the authority to use grant 28 funds authorized under this section to assist local 29 governments in carrying out the responsibilities and programs 30 specified in ss. 403.7225, 403.7226, 403.7234, 403.7236, and 31 403.7238. 79 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Section 26. Sections 403.7075 and 403.756, Florida 2 Statutes, are repealed. 3 Section 27. Sections 403.78, 403.781, 403.782, 4 403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786, 5 403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881, 6 403.789, 403.7891, 403.7892, 403.7893, and 403.7895, Florida 7 Statutes, are repealed. 8 Section 28. This act shall take effect July 1, 2006. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 Delete everything before the enacting clause 14 15 and insert: 16 A bill to be entitled 17 An act relating to environmental protection; 18 amending s. 403.413, F.S.; clarifying who is 19 liable for dumping under the Florida Litter 20 Law; amending s. 403.4131, F.S.; deleting the 21 provisions relating to Keep Florida Beautiful, 22 Inc.; providing that certain counties are 23 encouraged to develop a regional approach to 24 coordinating litter control and prevention 25 programs; deleting certain requirements for a 26 litter survey; deleting provisions relating to 27 the Wildflower Advisory Council; amending s. 28 403.41315, F.S.; conforming provisions to 29 changes made to the Keep Florida Beautiful, 30 Inc., program; amending s. 403.4133, F.S.; 31 placing the Adopt-a-Shore Program within the 80 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 Department of Environmental Protection; 2 amending s. 320.08058, F.S.; requiring that the 3 proceeds of the fees paid for Wildflower 4 license plates be distributed to the Wildflower 5 Foundation, Inc.; specifying uses of the 6 proceeds; providing that such proceeds be 7 distributed to the Department of Agriculture 8 and Consumer Services under certain 9 circumstances; amending s. 403.703, F.S.; 10 reordering definitions in alphabetical order; 11 clarifying certain definitions and deleting 12 definitions that are not used; amending s. 13 403.704, F.S.; deleting certain obsolete 14 provisions relating to the state solid waste 15 management program; amending s. 403.7043, F.S.; 16 deleting certain obsolete and conflicting 17 provisions relating to compost standards; 18 amending s. 403.7045, F.S.; providing that 19 industrial byproducts are not regulated under 20 certain circumstances; conforming a 21 cross-reference; clarifying certain provisions 22 governing dredged material; amending s. 23 403.7061, F.S.; authorizing the Department of 24 Environmental Protection to initiate rulemaking 25 regarding waste-to-energy facilities; amending 26 s. 403.707, F.S.; clarifying the Department of 27 Environmental Preservation's permit authority; 28 deleting certain obsolete provisions; extending 29 the time period for a public hearing when a 30 local government seeks to exempt certain 31 material from the definition of construction 81 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 and demolition debris; providing that upon the 2 transfer of ownership or control of a solid 3 waste facility, that facility may not be 4 operated until the permit has been transferred 5 by the Department of Environmental Protection; 6 creating s. 403.7071, F.S.; providing for the 7 management and disposal of storm-generated 8 debris; amending s. 403.708, F.S.; deleting 9 obsolete provisions and clarifying certain 10 provisions governing landfills; amending s. 11 403.709, F.S.; revising the provisions relating 12 to the distribution of the waste tire fees; 13 amending s. 403.7095, F.S., relating to the 14 solid waste management grant program; 15 conforming a cross-reference; amending s. 16 403.7125, F.S.; deleting certain definitions 17 that appear elsewhere in law and clarifying 18 certain financial-disclosure provisions; 19 amending s. 403.716, F.S.; deleting certain 20 provisions relating to the training of certain 21 facility operators; amending s. 403.717, F.S.; 22 clarifying the provisions relating to waste 23 tires and the processing of waste tires; 24 transferring, renumbering, and amending s. 25 403.7221, F.S.; increasing the duration of 26 certain research, development, and 27 demonstration permits; amending s. 403.722, 28 F.S.; clarifying provisions relating to who is 29 required to obtain certain hazardous waste 30 permits; amending s. 403.7226, F.S.; deleting a 31 provision requiring a report that is 82 10:51 AM 03/13/06 s1528.ep15.0d1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1528 Barcode 711998 1 duplicative of other reports; amending s. 2 403.724, F.S.; clarifying certain 3 financial-assurance provisions; amending s. 4 403.7255, F.S.; providing additional 5 requirements regarding the public notification 6 of certain contaminated sites; amending s. 7 403.726, F.S.; authorizing the Department of 8 Environmental Protection to issue an order to 9 abate certain hazards; amending s. 403.7265, 10 F.S.; deleting provisions relating to the 11 development of a statewide local hazardous 12 waste management plan; requiring a local 13 government to provide matching funds for 14 certain grants; providing that matching funds 15 are not required under certain conditions; 16 repealing s. 403.7075, F.S., relating to the 17 submission of certain plans for solid waste 18 management facilities; repealing s. 403.756, 19 F.S., relating to an annual used-oil report; 20 repealing ss. 403.78, 403.781, 403.782, 21 403.783, 403.784, 403.7841, 403.7842, 403.785, 22 403.786, 403.787, 403.7871, 403.7872, 403.7873, 23 403.788, 403.7881, 403.789, 403.7891, 403.7892, 24 403.7893, and 403.7895, F.S., relating to the 25 Statewide Multipurpose Hazardous Waste Facility 26 Siting Act; providing an effective date. 27 28 29 30 31 83 10:51 AM 03/13/06 s1528.ep15.0d1