Senate Bill sb1528

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    Florida Senate - 2006                                  SB 1528

    By the Committee on Environmental Preservation





    592-988B-06

  1                      A bill to be entitled

  2         An act relating to environmental protection;

  3         amending s. 403.413, F.S.; clarifying who is

  4         liable for dumping under the Florida Litter

  5         Law; amending s. 403.4131, F.S.; deleting the

  6         provisions relating to Keep Florida Beautiful,

  7         Inc.; providing that certain counties are

  8         encouraged to develop a regional approach to

  9         coordinating litter control and prevention

10         programs; deleting certain requirements for a

11         litter survey; placing the Wildflower Advisory

12         Council under the control of the Department of

13         Agriculture and Consumer Services; revising the

14         duties of the council; amending s. 403.41315,

15         F.S.; conforming provisions to changes made to

16         the Keep Florida Beautiful, Inc., program;

17         amending s. 403.4133, F.S.; placing the

18         Adopt-a-Shore Program within the Department of

19         Environmental Protection; amending s.

20         320.08058, F.S.; requiring that the proceeds of

21         the fees paid for Wildflower license plates be

22         distributed to the Department of Agriculture

23         and Consumer Services; specifying uses of the

24         proceeds; transferring the balance of such

25         proceeds from Keep Florida Beautiful, Inc., to

26         the Department of Agriculture and Consumer

27         Services; amending s. 403.703, F.S.; reordering

28         definitions in alphabetical order; clarifying

29         certain definitions and deleting definitions

30         that are not used; amending s. 403.704, F.S.;

31         deleting certain obsolete provisions relating

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    Florida Senate - 2006                                  SB 1528
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 1         to the state solid waste management program;

 2         amending s. 403.7043, F.S.; deleting certain

 3         obsolete and conflicting provisions relating to

 4         compost standards; amending s. 403.7045, F.S.;

 5         providing that industrial byproducts are not

 6         regulated under certain circumstances;

 7         conforming a cross-reference; clarifying

 8         certain provisions governing dredged material;

 9         amending s. 403.707, F.S.; clarifying the

10         Department of Environmental Preservation's

11         permit authority; deleting certain obsolete

12         provisions; creating s. 403.7071, F.S.;

13         providing for the management and disposal of

14         storm-generated debris; amending s. 403.708,

15         F.S.; deleting obsolete provisions and

16         clarifying certain provisions governing

17         landfills; amending s. 403.709, F.S.; revising

18         the provisions relating to the distribution of

19         the waste tire fees; amending s. 403.7095,

20         F.S., relating to the solid waste management

21         grant program; conforming a cross-reference;

22         amending s. 403.7125, F.S.; deleting certain

23         definitions that appear elsewhere in law and

24         clarifying certain financial-disclosure

25         provisions; amending s. 403.716, F.S.; deleting

26         certain provisions relating to the training of

27         certain facility operators; amending s.

28         403.717, F.S.; clarifying the provisions

29         relating to waste tires and the processing of

30         waste tires; transferring, renumbering, and

31         amending s. 403.7221, F.S.; increasing the

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    Florida Senate - 2006                                  SB 1528
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 1         duration of certain research, development, and

 2         demonstration permits; amending s. 403.722,

 3         F.S.; clarifying provisions relating to who is

 4         required to obtain certain hazardous waste

 5         permits; amending s. 403.7226, F.S.; deleting a

 6         provision requiring a report that is

 7         duplicative of other reports; amending s.

 8         403.724, F.S.; clarifying certain

 9         financial-responsibility provisions; amending

10         s. 403.7255, F.S.; providing additional

11         requirements regarding the public notification

12         of certain contaminated sites; amending s.

13         403.726, F.S.; authorizing the Department of

14         Environmental Protection to issue an order to

15         abate certain hazards; amending s. 403.7265,

16         F.S.; requiring a local government to provide

17         matching funds for certain grants; providing

18         that matching funds are not required under

19         certain conditions; repealing s. 403.7075,

20         F.S., relating to the submission of certain

21         plans for solid waste management facilities;

22         repealing s. 403.756, F.S., relating to an

23         annual used-oil report; repealing ss. 403.78,

24         403.781, 403.782, 403.783, 403.784, 403.7841,

25         403.7842, 403.785, 403.786, 403.787, 403.7871,

26         403.7872, 403.7873, 403.788, 403.7881, 403.789,

27         403.7891, 403.7892, 403.7893, and 403.7895,

28         F.S., relating to the Statewide Multipurpose

29         Hazardous Waste Facility Siting Act; providing

30         an effective date.

31  

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    Florida Senate - 2006                                  SB 1528
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Subsection (4) of section 403.413, Florida

 4  Statutes, is amended to read:

 5         403.413  Florida Litter Law.--

 6         (4)  DUMPING LITTER PROHIBITED.--Unless otherwise

 7  authorized by law or permit, it is unlawful for any person to

 8  dump litter in any manner or amount:

 9         (a)  In or on any public highway, road, street, alley,

10  or thoroughfare, including any portion of the right-of-way

11  thereof, or any other public lands, except in containers or

12  areas lawfully provided therefor.  When any litter is thrown

13  or discarded from a motor vehicle, the operator or owner of

14  the motor vehicle, or both, shall be deemed in violation of

15  this section;

16         (b)  In or on any freshwater lake, river, canal, or

17  stream or tidal or coastal water of the state, including

18  canals.  When any litter is thrown or discarded from a boat,

19  the operator or owner of the boat, or both, shall be deemed in

20  violation of this section; or

21         (c)  In or on any private property, unless prior

22  consent of the owner has been given and unless the dumping of

23  such litter by such person will not cause a public nuisance or

24  otherwise be in violation of any other state or local law,

25  rule, or regulation.

26         Section 2.  Section 403.4131, Florida Statutes, is

27  amended to read:

28         403.4131  Litter control; Wildflower Advisory Council

29  "Keep Florida Beautiful, Incorporated"; placement of signs.--

30         (1)  It is the intent of the Legislature that a

31  coordinated effort of interested businesses, environmental and

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    Florida Senate - 2006                                  SB 1528
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 1  civic organizations, and state and local agencies of

 2  government be developed to plan for and assist in implementing

 3  solutions to the litter and solid waste problems in this state

 4  and that the state provide financial assistance for the

 5  establishment of a nonprofit organization with the name of

 6  "Keep Florida Beautiful, Incorporated," which shall be

 7  registered, incorporated, and operated in compliance with

 8  chapter 617.  This nonprofit organization shall coordinate the

 9  statewide campaign and operate as the grassroots arm of the

10  state's effort and shall serve as an umbrella organization for

11  volunteer-based community programs.  The organization shall be

12  dedicated to helping Florida and its local communities solve

13  solid waste problems, to developing and implementing a

14  sustained litter prevention campaign, and to act as a working

15  public-private partnership in helping to implement the state's

16  Solid Waste Management Act. As part of this effort, Keep

17  Florida Beautiful, Incorporated, in cooperation with the

18  Environmental Education Foundation, shall strive to educate

19  citizens, visitors, and businesses about the important

20  relationship between the state's environment and economy.

21  Keep Florida Beautiful, Incorporated, is encouraged to explore

22  and identify economic incentives to improve environmental

23  initiatives in the area of solid waste management. The

24  membership of the board of directors of this nonprofit

25  organization may include representatives of the following

26  organizations: the Florida League of Cities, the Florida

27  Association of Counties, the Governor's Office, the Florida

28  Chapter of the National Solid Waste Management Association,

29  the Florida Recyclers Association, the Center for Marine

30  Conservation, Chapter of the Sierra Club, the Associated

31  Industries of Florida, the Florida Soft Drink Association, the

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    Florida Senate - 2006                                  SB 1528
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 1  Florida Petroleum Council, the Retail Grocers Association of

 2  Florida, the Florida Retail Federation, the Pulp and Paper

 3  Association, the Florida Automobile Dealers Association, the

 4  Beer Industries of Florida, the Florida Beer Wholesalers

 5  Association, and the Distilled Spirits Wholesalers.

 6         (2)  As a partner working with government, business,

 7  civic, environmental, and other organizations, Keep Florida

 8  Beautiful, Incorporated, shall strive to assist the state and

 9  its local communities by contracting for the development of a

10  highly visible antilitter campaign that, at a minimum,

11  includes:

12         (a)  Coordinating with the Center for Marine

13  Conservation and the Center for Solid and Hazardous Waste

14  Management to identify components of the marine debris and

15  litter stream and groups that habitually litter.

16         (b)  Designing appropriate advertising to promote the

17  proper management of solid waste, with emphasis on educating

18  groups that habitually litter.

19         (c)  Fostering public awareness and striving to build

20  an environmental ethic in this state through the development

21  of educational programs that result in an understanding and in

22  action on the part of individuals and organizations about the

23  role they must play in preventing litter and protecting

24  Florida's environment.

25         (d)  Developing educational programs and materials that

26  promote the proper management of solid waste, including the

27  proper disposal of litter.

28         (e)  Administering grants provided by the state.

29  Grants authorized under this section shall be subject to

30  normal department audit procedures and review.

31  

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 1         (1)(3)  The Department of Transportation shall

 2  establish an "adopt-a-highway" program to allow local

 3  organizations to be identified with specific highway cleanup

 4  and highway beautification projects authorized under s.

 5  339.2405 and shall coordinate such efforts with Keep Florida

 6  Beautiful, Inc.  The department shall report to the Governor

 7  and the Legislature on the progress achieved and the savings

 8  incurred by the "adopt-a-highway" program.  The department

 9  shall also monitor and report on compliance with provisions of

10  the adopt-a-highway program to ensure that organizations that

11  participate in the program comply with the goals identified by

12  the department.

13         (2)(4)  The Department of Transportation shall place

14  signs discouraging litter at all off-ramps of the interstate

15  highway system in the state.  The department shall place other

16  highway signs as necessary to discourage littering through use

17  of the antilitter program developed by Keep Florida Beautiful,

18  Incorporated.

19         (3)(5)  Each county is encouraged to initiate a litter

20  control and prevention program or to expand upon its existing

21  program.  The department shall establish a system of grants

22  for municipalities and counties to implement litter control

23  and prevention programs.  In addition to the activities

24  described in subsection (1), such grants shall at a minimum be

25  used for litter cleanup, grassroots educational programs

26  involving litter removal and prevention, and the placement of

27  litter and recycling receptacles. Counties are encouraged to

28  form working public private partnerships as authorized under

29  this section to implement litter control and prevention

30  programs at the community level. The grants authorized

31  pursuant to this section shall be incorporated as part of the

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 1  recycling and education grants. Counties that have a

 2  population under 100,000 75,000 are encouraged to develop a

 3  regional approach to administering and coordinating their

 4  litter control and prevention programs.

 5         (6)  The department may contract with Keep Florida

 6  Beautiful, Incorporated, to help carry out the provisions of

 7  this section.  All contracts authorized under this section are

 8  subject to normal department audit procedures and review.

 9         (7)  In order to establish continuity for the statewide

10  program, those local governments and community programs

11  receiving grants for litter prevention and control must use

12  the official State of Florida litter control or campaign

13  symbol adopted by Keep Florida Beautiful, Incorporated, for

14  use on various receptacles and program material.

15         (8)  The Legislature establishes a litter reduction

16  goal of 50 percent reduction from the period January 1, 1994,

17  to January 1, 1997.  The method of determination used to

18  measure the reduction in litter is the survey conducted by the

19  Center for Solid and Hazardous Waste Management.  The center

20  shall consider existing litter survey methodologies.

21         (9)  The Department of Environmental Protection shall

22  contract with the Center for Solid and Hazardous Waste

23  Management for an ongoing annual litter survey, the first of

24  which is to be conducted by January 1, 1994. The center shall

25  appoint a broad-based work group not to exceed seven members

26  to assist in the development and implementation of the survey.

27  Representatives from the university system, business,

28  government, and the environmental community shall be

29  considered by the center to serve on the work group. Final

30  authority on implementing and conducting the survey rests with

31  the center. The first survey is to be designed to serve as a

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 1  baseline by measuring the amount of current litter and marine

 2  debris, and is to include a methodology for measuring the

 3  reduction in the amount of litter and marine debris to

 4  determine the progress toward the litter reduction goal

 5  established in subsection (8). Annually thereafter, additional

 6  surveys are to be conducted and must also include a

 7  methodology for measuring the reduction in the amount of

 8  litter and for determining progress toward the litter

 9  reduction goal established in subsection (8).

10         (4)(10)(a)  There is created within the Department of

11  Agriculture and Consumer Services within Keep Florida

12  Beautiful, Inc., the Wildflower Advisory Council, consisting

13  of a maximum of ten nine members to direct and oversee the

14  expenditure of the Wildflower Account. The Wildflower Advisory

15  Council shall include a representative from the University of

16  Florida Institute of Food and Agricultural Sciences, the

17  Florida Department of Transportation, the Department of

18  Agriculture and Consumer Services, and the Florida Department

19  of Environmental Protection, the Florida League of Cities, and

20  the Florida Association of Counties. Other members of the

21  committee may include representatives from the Florida

22  Federation of Garden Clubs, Inc., Think Beauty Foundation, the

23  Florida Chapter of the American Society of Landscape

24  Architects, Inc., and a representative of the Master

25  Gardener's Program.

26         (b)  The Wildflower Advisory Council shall be advisory

27  to the Department of Agriculture and Consumer Services and

28  develop procedures of operation, research contracts,

29  educational and marketing programs, and wildflower planting

30  grants for Florida native wildflowers, plants, and grasses.

31  The council shall also make recommendations to the department

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 1  concerning the final determination of what constitutes

 2  acceptable species of wildflowers and other plantings

 3  supported by these programs.

 4         Section 3.  Section 403.41315, Florida Statutes, is

 5  amended to read:

 6         403.41315  Comprehensive illegal dumping, litter, and

 7  marine debris control and prevention.--

 8         (1)  The Legislature finds that a comprehensive illegal

 9  dumping, litter, and marine debris control and prevention

10  program is necessary to protect the beauty and the environment

11  of Florida. The Legislature also recognizes that a

12  comprehensive illegal dumping, litter, and marine debris

13  control and prevention program will have a positive effect on

14  the state's economy.  The Legislature finds that the state's

15  rapid population growth, the ever-increasing mobility of its

16  population, and the large number of tourists contribute to the

17  need for a comprehensive illegal dumping, litter, and marine

18  debris control and prevention program. The Legislature further

19  finds that the program must be coordinated and capable of

20  having statewide identity and grassroots community support.

21         (2)  The comprehensive illegal dumping, litter, and

22  marine debris control and prevention program at a minimum must

23  include the following:

24         (a)  A local statewide public awareness and educational

25  campaign, coordinated by Keep Florida Beautiful, Incorporated,

26  to educate individuals, government, businesses, and other

27  organizations concerning the role they must assume in

28  preventing and controlling litter.

29         (b)  Enforcement provisions authorized under s.

30  403.413.

31  

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 1         (c)  Enforcement officers whose responsibilities

 2  include grassroots education along with enforcing litter and

 3  illegal dumping violations.

 4         (d)  Local illegal dumping, litter, and marine debris

 5  control and prevention programs operated at the county level

 6  with emphasis placed on grassroots educational programs

 7  designed to prevent and remove litter and marine debris.

 8         (e)  A statewide adopt-a-highway program as authorized

 9  under s. 403.4131.

10         (f)  The highway beautification program authorized

11  under s. 339.2405.

12         (g)  A statewide Adopt-a-Shore program that includes

13  beach, river, and lake shorelines and emphasizes litter and

14  marine debris cleanup and prevention.

15         (h)  The prohibition of balloon releases as authorized

16  under s. 372.995.

17         (i)  The placement of approved identifiable litter and

18  recycling receptacles.

19         (j)  Other educational programs that are implemented at

20  the grassroots level coordinated through Keep Florida

21  Beautiful, Inc., involving volunteers and community programs

22  that clean up and prevent litter, including Youth Conservation

23  Corps activities.

24         Section 4.  Section 403.4133, Florida Statutes, is

25  amended to read:

26         403.4133  Adopt-a-Shore Program.--

27         (1)  The Legislature finds that litter and illegal

28  dumping present a threat to the state's wildlife, environment,

29  and shorelines.  The Legislature further finds that public

30  awareness and education will assist in preventing litter from

31  being illegally deposited along the state's shorelines.

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 1         (2)  The Adopt-a-Shore Program shall be created within

 2  the Department of Environmental Protection nonprofit

 3  organization referred to in s. 403.4131(1), named Keep Florida

 4  Beautiful, Incorporated.  The program shall be designed to

 5  educate the state's citizens and visitors about the importance

 6  of litter prevention and shall include approaches and

 7  techniques to remove litter from the state's shorelines.

 8         (3)  For the purposes of this section, the term

 9  "shoreline" includes, but is not limited to, beaches,

10  rivershores, and lakeshores.

11         Section 5.  Subsection (28) of section 320.08058,

12  Florida Statutes, is amended to read:

13         320.08058  Specialty license plates.--

14         (28)  FLORIDA WILDFLOWER LICENSE PLATES.--

15         (a)  The department shall develop a Florida Wildflower

16  license plate as provided in this section. The word "Florida"

17  must appear at the top of the plate, and the words "State

18  Wildflower" and "coreopsis" must appear at the bottom of the

19  plate.

20         (b)  The annual use fees shall be distributed to the

21  Department of Agriculture and Consumer Services, to be used

22  for the purposes set forth in Wildflower Account established

23  by Keep Florida Beautiful, Inc., created by s. 403.4131. The

24  proceeds must be used to establish native Florida wildflower

25  research programs, wildflower educational programs, and

26  wildflower grant programs to municipal, county, and

27  community-based groups in this state. A maximum of 10 percent

28  of the proceeds from the sale of such plates may be used for

29  administrative costs.

30         Section 6.  All unexpended proceeds of fees paid for

31  Wildflower license plates which are held by Keep Florida

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 1  Beautiful, Inc., must be transferred to the Department of

 2  Agriculture and Consumer Services promptly after the effective

 3  date of this act.

 4         Section 7.  Section 403.703, Florida Statutes, is

 5  amended to read:

 6         (Substantial rewording of section.  See

 7         s. 403.703, F.S., for present text.)

 8         403.703  Definitions.--As used in this part, the term:

 9         (1)  "Ash residue" has the same meaning as in the

10  department rule governing solid waste combustors which defines

11  the term.

12         (2)  "Biomedical waste" means any solid waste or liquid

13  waste that may present a threat of infection to humans. The

14  term includes, but is not limited to, nonliquid human tissue

15  and body parts; laboratory and veterinary waste that contains

16  human-disease-causing agents; discarded disposable sharps;

17  human blood and human blood products and body fluids; and

18  other materials that in the opinion of the Department of

19  Health represent a significant risk of infection to persons

20  outside the generating facility. The term does not include

21  human remains that are disposed of by persons licensed under

22  chapter 497.

23         (3)  "Biological waste" means solid waste that causes

24  or has the capability of causing disease or infection and

25  includes, but is not limited to, biomedical waste, diseased or

26  dead animals, and other wastes capable of transmitting

27  pathogens to humans or animals. The term does not include

28  human remains that are disposed of by persons licensed under

29  chapter 497.

30         (4)  "Clean debris" means any solid waste that is

31  virtually inert, that is not a pollution threat to groundwater

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 1  or surface waters, that is not a fire hazard, and that is

 2  likely to retain its physical and chemical structure under

 3  expected conditions of disposal or use. The term includes

 4  uncontaminated concrete, including embedded pipe or steel,

 5  brick, glass, ceramics, and other wastes designated by the

 6  department.

 7         (5)  "Closure" means the cessation of operation of a

 8  solid waste management facility and the act of securing such

 9  facility so that it will pose no significant threat to human

10  health or the environment and includes long-term monitoring

11  and maintenance of a facility if required by department rule.

12         (6)  "Construction and demolition debris" means

13  discarded materials generally considered to be not

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

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

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

17  construction or destruction of a structure as part of a

18  construction or demolition project or from the renovation of a

19  structure, and includes rocks, soils, tree remains, trees, and

20  other vegetative matter that normally results from land

21  clearing or land-development operations for a construction

22  project, including such debris from construction of structures

23  at a site remote from the construction or demolition project

24  site. Mixing of construction and demolition debris with other

25  types of solid waste will cause the resulting mixture to be

26  classified as other than construction and demolition debris.

27  The term also includes:

28         (a)  Clean cardboard, paper, plastic, wood, and metal

29  scraps from a construction project;

30  

31  

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 1         (b)  Except as provided in s. 403.707(9)(j), yard trash

 2  and unpainted, nontreated wood scraps from sources other than

 3  construction or demolition projects;

 4         (c)  Scrap from manufacturing facilities which is the

 5  type of material generally used in construction projects and

 6  which would meet the definition of construction and demolition

 7  debris if it were generated as part of a construction or

 8  demolition project. This includes debris from the construction

 9  of manufactured homes and scrap shingles, wallboard, siding

10  concrete, and similar materials from industrial or commerical

11  facilities; and

12         (d)  De minimis amounts of other nonhazardous wastes

13  that are generated at construction or destruction projects,

14  provided such amounts are consistent with best management

15  practices of the industry.

16         (7)  "County," or any like term, means a political

17  subdivision of the state established pursuant to s. 1, Art.

18  VIII of the State Constitution and, when s. 403.706(19)

19  applies, means a special district or other entity.

20         (8)  "Department" means the Department of Environmental

21  Protection or any successor agency performing a like function.

22         (9)  "Disposal" means the discharge, deposit,

23  injection, dumping, spilling, leaking, or placing of any solid

24  waste or hazardous waste into or upon any land or water so

25  that such solid waste or hazardous waste or any constituent

26  thereof may enter other lands or be emitted into the air or

27  discharged into any waters, including groundwaters, or

28  otherwise enter the environment.

29         (10)  "Generation" means the act or process of

30  producing solid or hazardous waste.

31  

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 1         (11)  "Guarantor" means any person, other than the

 2  owner or operator, who provides evidence of financial

 3  responsibility for an owner or operator under this part.

 4         (12)  "Hazardous substance" means any substance that is

 5  defined as a hazardous substance in the United States

 6  Comprehensive Environmental Response, Compensation, and

 7  Liability Act of 1980, 94 Stat. 2767.

 8         (13)  "Hazardous waste" means solid waste, or a

 9  combination of solid wastes, which, because of its quantity,

10  concentration, or physical, chemical, or infectious

11  characteristics, may cause, or significantly contribute to, an

12  increase in mortality or an increase in serious irreversible

13  or incapacitating reversible illness or may pose a substantial

14  present or potential hazard to human health or the environment

15  when improperly transported, disposed of, stored, treated, or

16  otherwise managed. The term does not include human remains

17  that are disposed of by persons licensed under chapter 497.

18         (14)  "Hazardous waste facility" means any building,

19  site, structure, or equipment at or by which hazardous waste

20  is disposed of, stored, or treated.

21         (15)  "Hazardous waste management" means the systematic

22  control of the collection, source separation, storage,

23  transportation, processing, treatment, recovery, recycling,

24  and disposal of hazardous wastes.

25         (16)  "Land disposal" means any placement of hazardous

26  waste in or on the land and includes, but is not limited to,

27  placement in a landfill, surface impoundment, waste pile,

28  injection well, land treatment facility, salt bed formation,

29  salt dome formation, or underground mine or cave, or placement

30  in a concrete vault or bunker intended for disposal purposes.

31  

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 1         (17)  "Landfill" means any solid waste land disposal

 2  area for which a permit, other than a general permit, is

 3  required by s. 403.707 and which receives solid waste for

 4  disposal in or upon land. The term does not include a

 5  land-spreading site, an injection well, a surface impoundment,

 6  or a facility for the disposal of construction and demolition

 7  debris.

 8         (18)  "Manifest" means the recordkeeping system used

 9  for identifying the concentration, quantity, composition,

10  origin, routing, and destination of hazardous waste during its

11  transportation from the point of generation to the point of

12  disposal, storage, or treatment.

13         (19)  "Materials-recovery facility" means a solid waste

14  management facility that provides for the extraction from

15  solid waste of recyclable materials, materials suitable for

16  use as a fuel or soil amendment, or any combination of such

17  materials.

18         (20)  "Municipality," or any like term, means a

19  municipality created pursuant to general or special law

20  authorized or recognized pursuant to s. 2 or s. 6, Art. VIII

21  of the State Constitution and, when s. 403.706(19) applies,

22  means a special district or other entity.

23         (21)  "Operation," with respect to any solid waste

24  management facility, means the disposal, storage, or

25  processing of solid waste at and by the facility.

26         (22)  "Person" means any and all persons, natural or

27  artificial, including any individual, firm, or association;

28  any municipal or private corporation organized or existing

29  under the laws of this state or any other state; any county of

30  this state; and any governmental agency of this state or the

31  Federal Government.

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 1         (23)  "Processing" means any technique designed to

 2  change the physical, chemical, or biological character or

 3  composition of any solid waste so as to render it safe for

 4  transport; amenable to recovery, storage, or recycling; safe

 5  for disposal; or reduced in volume or concentration.

 6         (24)  "Recovered materials" means metal, paper, glass,

 7  plastic, textile, or rubber materials that have known

 8  recycling potential, can be feasibly recycled, and have been

 9  diverted and source separated or have been removed from the

10  solid waste stream for sale, use, or reuse as raw materials,

11  whether or not the materials require subsequent processing or

12  separation from each other, but the term does not include

13  materials destined for any use that constitutes disposal.

14  Recovered materials as described in this subsection are not

15  solid waste.

16         (25)  "Recovered materials processing facility" means a

17  facility engaged solely in the storage, processing, resale, or

18  reuse of recovered materials. Such a facility is not a solid

19  waste management facility if it meets the conditions of s.

20  403.7045(1)(e).

21         (26)  "Recyclable material" means those materials that

22  are capable of being recycled and that would otherwise be

23  processed or disposed of as solid waste.

24         (27)  "Recycling" means any process by which solid

25  waste, or materials that would otherwise become solid waste,

26  are collected, separated, or processed and reused or returned

27  to use in the form of raw materials or products.

28         (28)  "Resource recovery" means the process of

29  recovering materials or energy from solid waste, excluding

30  those materials or solid waste under the control of the

31  Nuclear Regulatory Commission.

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 1         (29)  "Resource recovery equipment" means equipment or

 2  machinery exclusively and integrally used in the actual

 3  process of recovering material or energy resources from solid

 4  waste.

 5         (30)  "Sludge" includes the accumulated solids,

 6  residues, and precipitates generated as a result of waste

 7  treatment or processing, including wastewater treatment,

 8  water-supply treatment, or operation of an air pollution

 9  control facility, and mixed liquids and solids pumped from

10  septic tanks, grease traps, privies, or similar waste disposal

11  appurtenances.

12         (31)  "Special wastes" means solid wastes that can

13  require special handling and management, including, but not

14  limited to, white goods, waste tires, used oil, lead-acid

15  batteries, construction and demolition debris, ash residue,

16  yard trash, and biological wastes.

17         (32)  "Solid waste" means sludge unregulated under the

18  federal Clean Water Act or Clean Air Act, sludge from a waste

19  treatment works, water supply treatment plant, or air

20  pollution control facility, or garbage, rubbish, refuse,

21  special waste, or other discarded material, including solid,

22  liquid, semisolid, or contained gaseous material resulting

23  from domestic, industrial, commercial, mining, agricultural,

24  or governmental operations. Recovered materials as defined in

25  subsection (24) are not solid waste.

26         (33)  "Solid waste disposal facility" means any solid

27  waste management facility that is the final resting place for

28  solid waste, including landfills and incineration facilities

29  that produce ash from the process of incinerating municipal

30  solid waste.

31  

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 1         (34)  "Solid waste management" means the process by

 2  which solid waste is collected, transported, stored,

 3  separated, processed, or disposed of in any other way

 4  according to an orderly, purposeful, and planned program,

 5  which includes closure.

 6         (35)  "Solid waste management facility" means any solid

 7  waste disposal area, volume-reduction plant, transfer station,

 8  materials-recovery facility, or other facility, the purpose of

 9  which is resource recovery or the disposal, recycling,

10  processing, or storage of solid waste.  The term does not

11  include recovered materials processing facilities that meet

12  the requirements of s. 403.7046, except the portion of such

13  facilities, if any, which is used for the management of solid

14  waste.

15         (36)  "Source separated" means that the recovered

16  materials are separated from solid waste at the location where

17  the recovered materials and solid waste are generated. The

18  term does not require that various types of recovered

19  materials be separated from each other, and recognizes de

20  minimis solid waste, in accordance with industry standards and

21  practices, may be included in the recovered materials.

22  Materials are not considered source-separated when two or more

23  types of recovered materials are deposited in combination with

24  each other in a commercial collection container located where

25  the materials are generated and when such materials contain

26  more than 10 percent solid waste by volume or weight. For

27  purposes of this subsection, the term "various types of

28  recovered materials" means metals, paper, glass, plastic,

29  textiles, and rubber.

30         (37)  "Storage" means the containment or holding of a

31  hazardous waste, either on a temporary basis or for a period

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 1  of years, in such a manner as not to constitute disposal of

 2  such hazardous waste.

 3         (38)  "Transfer station" means a site the primary

 4  purpose of which is to store or hold solid waste for transport

 5  to a processing or disposal facility.

 6         (39)  "Transport" means the movement of hazardous waste

 7  from the point of generation or point of entry into the state

 8  to any offsite intermediate points and to the point of offsite

 9  ultimate disposal, storage, treatment, or exit from the state.

10         (40)  "Treatment," when used in connection with

11  hazardous waste, means any method, technique, or process,

12  including neutralization, which is designed to change the

13  physical, chemical, or biological character or composition of

14  any hazardous waste so as to neutralize it or render it

15  nonhazardous, safe for transport, amenable to recovery,

16  amenable to storage or disposal, or reduced in volume or

17  concentration.  The term includes any activity or processing

18  that is designed to change the physical form or chemical

19  composition of hazardous waste so as to render it

20  nonhazardous.

21         (41)  "Volume-reduction plant" includes incinerators,

22  pulverizers, compactors, shredding and baling plants,

23  composting plants, and other plants that accept and process

24  solid waste for recycling or disposal.

25         (42)  "White goods" includes inoperative and discarded

26  refrigerators, ranges, water heaters, freezers, and other

27  similar domestic and commercial large appliances.

28         (43)  "Yard trash" means vegetative matter resulting

29  from landscaping maintenance and land clearing operations and

30  includes associated rocks and soils.

31  

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 1         Section 8.  Section 403.704, Florida Statutes, is

 2  amended to read:

 3         403.704  Powers and duties of the department.--The

 4  department shall have responsibility for the implementation

 5  and enforcement of the provisions of this act. In addition to

 6  other powers and duties, the department shall:

 7         (1)  Develop and implement, in consultation with local

 8  governments, a state solid waste management program, as

 9  defined in s. 403.705, and update the program at least every 3

10  years.  In developing rules to implement the state solid waste

11  management program, the department shall hold public hearings

12  around the state and shall give notice of such public hearings

13  to all local governments and regional planning agencies.

14         (2)  Provide technical assistance to counties,

15  municipalities, and other persons, and cooperate with

16  appropriate federal agencies and private organizations in

17  carrying out the provisions of this act.

18         (3)  Promote the planning and application of recycling

19  and resource recovery systems which preserve and enhance the

20  quality of the air, water, and other natural resources of the

21  state and assist in and encourage, where appropriate, the

22  development of regional solid waste management facilities.

23         (4)  Serve as the official state representative for all

24  purposes of the federal Solid Waste Disposal Act, as amended

25  by Pub. L. No. 91-512, or as subsequently amended.

26         (5)  Use private industry or the State University

27  System through contractual arrangements for implementation of

28  some or all of the requirements of the state solid waste

29  management program and for such other activities as may be

30  considered necessary, desirable, or convenient.

31  

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 1         (6)  Encourage recycling and resource recovery as a

 2  source of energy and materials.

 3         (7)  Assist in and encourage, as much as possible, the

 4  development within the state of industries and commercial

 5  enterprises which are based upon resource recovery, recycling,

 6  and reuse of solid waste.

 7         (8)  Charge reasonable fees for any services it

 8  performs pursuant to this act, provided user fees shall apply

 9  uniformly within each municipality or county to all users who

10  are provided with solid waste management services.

11         (9)  Acquire, at its discretion, personal or real

12  property or any interest therein by gift, lease, or purchase

13  for the purpose of providing sites for solid waste management

14  facilities.

15         (10)  Acquire, construct, reconstruct, improve,

16  maintain, equip, furnish, and operate, at its discretion, such

17  solid waste management facilities as are called for by the

18  state solid waste management program.

19         (11)  Receive funds or revenues from the sale of

20  products, materials, fuels, or energy in any form derived from

21  processing of solid waste by state-owned or state-operated

22  facilities, which funds or revenues shall be deposited into

23  the Solid Waste Management Trust Fund.

24         (8)(12)  Determine by rule the facilities, equipment,

25  personnel, and number of monitoring wells to be provided at

26  each Class I solid waste disposal area.

27         (13)  Encourage, but not require, as part of a Class II

28  solid waste disposal area, a potable water supply; an employee

29  shelter; handwashing and toilet facilities; equipment washout

30  facilities; electric service for operations and repairs;

31  equipment shelter for maintenance and storage of parts,

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 1  equipment, and tools; scales for weighing solid waste received

 2  at the disposal area; a trained equipment operator in

 3  full-time attendance during operating hours; and communication

 4  facilities for use in emergencies.  The department may require

 5  an attendant at a Class II solid waste disposal area during

 6  the hours of operation if the department affirmatively

 7  demonstrates that such a requirement is necessary to prevent

 8  unlawful fires, unauthorized dumping, or littering of nearby

 9  property.

10         (14)  Require a Class II solid waste disposal area to

11  have at least one monitoring well which shall be placed

12  adjacent to the site in the direction of groundwater flow

13  unless otherwise exempted by the department. The department

14  may require additional monitoring wells not farther than 1

15  mile from the site if it is affirmatively demonstrated by the

16  department that a significant change in the initial quality of

17  the water has occurred in the downstream monitoring well which

18  adversely affects the beneficial uses of the water.  These

19  wells may be public or private water supply wells if they are

20  suitable for use in determining background water quality

21  levels.

22         (9)(15)  Adopt rules pursuant to ss. 120.536(1) and

23  120.54 to implement and enforce the provisions of this act,

24  including requirements for the classification, construction,

25  operation, maintenance, and closure of solid waste management

26  facilities and requirements for, and conditions on, solid

27  waste disposal in this state, whether such solid waste is

28  generated within this state or outside this state as long as

29  such requirements and conditions are not based on the

30  out-of-state origin of the waste and are consistent with

31  applicable provisions of law. When classifying solid waste

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 1  management facilities, the department shall consider the

 2  hydrogeology of the site for the facility, the types of wastes

 3  to be handled by the facility, and methods used to control the

 4  types of waste to be handled by the facility and shall seek to

 5  minimize the adverse effects of solid waste management on the

 6  environment. Whenever the department adopts any rule stricter

 7  or more stringent than one which has been set by the United

 8  States Environmental Protection Agency, the procedures set

 9  forth in s. 403.804(2) shall be followed. The department shall

10  not, however, adopt hazardous waste rules for solid waste for

11  which special studies were required prior to October 1, 1988,

12  under s. 8002 of the Resource Conservation and Recovery Act,

13  42 U.S.C. s. 6982, as amended, until the studies are completed

14  by the United States Environmental Protection Agency and the

15  information is available to the department for consideration

16  in adopting its own rule.

17         (10)(16)  Issue or modify permits on such conditions as

18  are necessary to effect the intent and purposes of this act,

19  and may deny or revoke permits.

20         (17)  Conduct research, using the State University

21  System, solid waste professionals from local governments,

22  private enterprise, and other organizations, on alternative,

23  economically feasible, cost-effective, and environmentally

24  safe solid waste management and landfill closure methods which

25  protect the health, safety, and welfare of the public and the

26  environment and which may assist in developing markets and

27  provide economic benefits to local governments, the state, and

28  its citizens, and solicit public participation during the

29  research process.  The department shall incorporate such

30  cost-effective landfill closure methods in the appropriate

31  department rule as alternative closure requirements.

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 1         (11)(18)  Develop and implement or contract for

 2  services to develop information on recovered materials markets

 3  and strategies for market development and expansion for use of

 4  these materials. Additionally, the department shall maintain a

 5  directory of recycling businesses operating in the state and

 6  shall serve as a coordinator to match recovered materials with

 7  markets. Such directory shall be made available to the public

 8  and to local governments to assist with their solid waste

 9  management activities.

10         (19)  Authorize variances from solid waste closure

11  rules adopted pursuant to this part, provided such variances

12  are applied for and approved in accordance with s. 403.201 and

13  will not result in significant threats to human health or the

14  environment.

15         (12)(20)  Establish accounts and deposit to the Solid

16  Waste Management Trust Fund and control and administer moneys

17  it may withdraw from the fund.

18         (13)(21)  Manage a program of grants, using funds from

19  the Solid Waste Management Trust Fund and funds provided by

20  the Legislature for solid waste management, for programs for

21  recycling, composting, litter control, and special waste

22  management and for programs which provide for the safe and

23  proper management of solid waste.

24         (14)(22)  Budget and receive appropriated funds and

25  accept, receive, and administer grants or other funds or gifts

26  from public or private agencies, including the state and the

27  Federal Government, for the purpose of carrying out the

28  provisions of this act.

29         (15)(23)  Delegate its powers, enter into contracts, or

30  take such other actions as may be necessary to implement this

31  act.

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 1         (16)(24)  Receive and administer funds appropriated for

 2  county hazardous waste management assessments.

 3         (17)(25)  Provide technical assistance to local

 4  governments and regional agencies to ensure consistency

 5  between county hazardous waste management assessments;

 6  coordinate the development of such assessments with the

 7  assistance of the appropriate regional planning councils; and

 8  review and make recommendations to the Legislature relative to

 9  the sufficiency of the assessments to meet state hazardous

10  waste management needs.

11         (18)(26)  Increase public education and public

12  awareness of solid and hazardous waste issues by developing

13  and promoting statewide programs of litter control, recycling,

14  volume reduction, and proper methods of solid waste and

15  hazardous waste management.

16         (19)(27)  Assist the hazardous waste storage,

17  treatment, or disposal industry by providing to the industry

18  any data produced on the types and quantities of hazardous

19  waste generated.

20         (20)(28)  Institute a hazardous waste emergency

21  response program which would include emergency

22  telecommunication capabilities and coordination with

23  appropriate agencies.

24         (21)(29)  Promulgate rules necessary to accept

25  delegation of the hazardous waste management program from the

26  Environmental Protection Agency under the Hazardous and Solid

27  Waste Amendments of 1984, Pub. L. No. 98-616.

28         (22)(30)  Adopt rules, if necessary, to address the

29  incineration and disposal of biomedical waste and the

30  management of biological waste within the state, whether such

31  waste is generated within this state or outside this state, as

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 1  long as such requirements and conditions are not based on the

 2  out-of-state origin of the waste and are consistent with

 3  applicable provisions of law.

 4         Section 9.  Section 403.7043, Florida Statutes, is

 5  amended to read:

 6         403.7043  Compost standards and applications.--

 7         (1)  In order to protect the state's land and water

 8  resources, compost produced, utilized, or disposed of by the

 9  composting process at solid waste management facilities in the

10  state must meet criteria established by the department.

11         (2)  The department shall Within 6 months after October

12  1, 1988, the department shall initiate rulemaking to establish

13  and maintain rules addressing standards for the production of

14  compost and shall complete and promulgate those rules within

15  12 months after initiating the process of rulemaking,

16  including rules establishing:

17         (a)  Requirements necessary to produce hygienically

18  safe compost products for varying applications.

19         (b)  A classification scheme for compost based on: the

20  types of waste composted, including at least one type

21  containing only yard trash; the maturity of the compost,

22  including at least three degrees of decomposition for fresh,

23  semimature, and mature; and the levels of organic and

24  inorganic constituents in the compost.  This scheme shall

25  address:

26         1.  Methods for measurement of the compost maturity.

27         2.  Particle sizes.

28         3.  Moisture content.

29         4.  Average levels of organic and inorganic

30  constituents, including heavy metals, for such classes of

31  

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 1  compost as the department establishes, and the analytical

 2  methods to determine those levels.

 3         (3)  Within 6 months after October 1, 1988, the

 4  department shall initiate rulemaking to prescribe the

 5  allowable uses and application rates of compost and shall

 6  complete and promulgate those rules within 12 months after

 7  initiating the process of rulemaking, based on the following

 8  criteria:

 9         (a)  The total quantity of organic and inorganic

10  constituents, including heavy metals, allowed to be applied

11  through the addition of compost to the soil per acre per year.

12         (b)  The allowable uses of compost based on maturity

13  and type of compost.

14         (4)  If compost is produced which does not meet the

15  criteria prescribed by the department for agricultural and

16  other use, the compost must be reprocessed or disposed of in a

17  manner approved by the department, unless a different

18  application is specifically permitted by the department.

19         (5)  The provisions of s. 403.706 shall not prohibit

20  any county or municipality which has in place a memorandum of

21  understanding or other written agreement as of October 1,

22  1988, from proceeding with plans to build a compost facility.

23         Section 10.  Subsections (1), (2), and (3) of section

24  403.7045, Florida Statutes, are amended to read:

25         403.7045  Application of act and integration with other

26  acts.--

27         (1)  The following wastes or activities shall not be

28  regulated pursuant to this act:

29         (a)  Byproduct material, source material, and special

30  nuclear material, the generation, transportation, disposal,

31  storage, or treatment of which is regulated under chapter 404

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 1  or under the federal Atomic Energy Act of 1954, ch. 1073, 68

 2  Stat. 923, as amended;

 3         (b)  Suspended solids and dissolved materials in

 4  domestic sewage effluent or irrigation return flows or other

 5  discharges which are point sources subject to permits pursuant

 6  to provisions of this chapter or pursuant to s. 402 of the

 7  Clean Water Act, Pub. L. No. 95-217;

 8         (c)  Emissions to the air from a stationary

 9  installation or source regulated under provisions of this

10  chapter or under the Clean Air Act, Pub. L. No. 95-95;

11         (d)  Drilling fluids, produced waters, and other wastes

12  associated with the exploration for, or development and

13  production of, crude oil or natural gas which are regulated

14  under chapter 377; or

15         (e)  Recovered materials or recovered materials

16  processing facilities shall not be regulated pursuant to this

17  act, except as provided in s. 403.7046, if:

18         1.  A majority of the recovered materials at the

19  facility are demonstrated to be sold, used, or reused within 1

20  year.

21         2.  The recovered materials handled by the facility or

22  the products or byproducts of operations that process

23  recovered materials are not discharged, deposited, injected,

24  dumped, spilled, leaked, or placed into or upon any land or

25  water by the owner or operator of such facility so that such

26  recovered materials, products or byproducts, or any

27  constituent thereof may enter other lands or be emitted into

28  the air or discharged into any waters, including groundwaters,

29  or otherwise enter the environment such that a threat of

30  contamination in excess of applicable department standards and

31  criteria is caused.

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 1         3.  The recovered materials handled by the facility are

 2  not hazardous wastes as defined under s. 403.703, and rules

 3  promulgated pursuant thereto.

 4         4.  The facility is registered as required in s.

 5  403.7046.

 6         (f)  Industrial byproducts, if:

 7         1.  A majority of the industrial byproducts are

 8  demonstrated to be sold, used, or reused within 1 year.

 9         2.  The industrial byproducts are not discharged,

10  deposited, injected, dumped, spilled, leaked, or placed upon

11  any land or water so that such industrial byproducts, or any

12  constituent thereof, may enter other lands or be emitted into

13  the air or discharged into any waters, including groundwaters,

14  or otherwise enter the environment such that a threat of

15  contamination in excess of applicable department standards and

16  criteria or a significant threat to public health is caused.

17         3.  The industrial byproducts are not hazardous wastes

18  as defined under s. 403.703 and rules adopted under this

19  section.

20         (2)  Except as provided in s. 403.704(9) s.

21  403.704(15), the following wastes shall not be regulated as a

22  hazardous waste pursuant to this act, except when determined

23  by the United States Environmental Protection Agency to be a

24  hazardous waste:

25         (a)  Ashes and scrubber sludges generated from the

26  burning of boiler fuel for generation of electricity or steam.

27         (b)  Agricultural and silvicultural byproduct material

28  and agricultural and silvicultural process waste from normal

29  farming or processing.

30         (c)  Discarded material generated by the mining and

31  beneficiation and chemical or thermal processing of phosphate

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 1  rock, and precipitates resulting from neutralization of

 2  phosphate chemical plant process and nonprocess waters.

 3         (3)  The following wastes or activities shall be

 4  regulated pursuant to this act in the following manner:

 5         (a)  Dredged material that is generated as part of a

 6  project permitted under part IV of chapter 373 or chapter 161,

 7  or that is authorized to be removed from sovereign submerged

 8  lands under chapter 253, Dredge spoil or fill material shall

 9  be managed in accordance with the conditions of that permit or

10  authorization unless the dredged material is regulated as

11  hazardous waste pursuant to this part disposed of pursuant to

12  a dredge and fill permit, but whenever hazardous components

13  are disposed of within the dredge or fill material, the dredge

14  and fill permits shall specify the specific hazardous wastes

15  contained and the concentration of each such waste. If the

16  dredged material contains hazardous substances, the department

17  may further then limit or restrict the sale or use of the

18  dredged dredge and fill material and may specify such other

19  conditions relative to this material as are reasonably

20  necessary to protect the public from the potential hazards.

21         (b)  Hazardous wastes that which are contained in

22  artificial recharge waters or other waters intentionally

23  introduced into any underground formation and that which are

24  permitted pursuant to s. 373.106 shall also be handled in

25  compliance with the requirements and standards for disposal,

26  storage, and treatment of hazardous waste under this act.

27         (c)  Solid waste or hazardous waste facilities that

28  which are operated as a part of the normal operation of a

29  power generating facility and which are licensed by

30  certification pursuant to the Florida Electrical Power Plant

31  Siting Act, ss. 403.501-403.518, shall undergo such

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 1  certification subject to the substantive provisions of this

 2  act.

 3         (d)  Biomedical waste and biological waste shall be

 4  disposed of only as authorized by the department.  However,

 5  any person who unknowingly disposes into a sanitary landfill

 6  or waste-to-energy facility any such waste that which has not

 7  been properly segregated or separated from other solid wastes

 8  by the generating facility is not guilty of a violation under

 9  this act. Nothing in This paragraph does not shall be

10  construed to prohibit the department from seeking injunctive

11  relief pursuant to s. 403.131 to prohibit the unauthorized

12  disposal of biomedical waste or biological waste.

13         Section 11.  Section 403.707, Florida Statutes, is

14  amended to read:

15         403.707  Permits.--

16         (1)  A No solid waste management facility may not be

17  operated, maintained, constructed, expanded, modified, or

18  closed without an appropriate and currently valid permit

19  issued by the department. The department may by rule exempt

20  specified types of facilities from the requirement for a

21  permit if it determines that construction for operation of the

22  facility is not expected to create any significant threat to

23  the environment or public health. For purposes of this part,

24  and only when specified by department rule, a permit may

25  include registrations as well as other forms of licenses as

26  defined in s. 120.52. Solid waste construction permits issued

27  under this section may include any permit conditions necessary

28  to achieve compliance with the recycling requirements of this

29  act. The department shall pursue reasonable timeframes for

30  closure and construction requirements, considering pending

31  federal requirements and implementation costs to the

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 1  permittee.  The department shall adopt a rule establishing

 2  performance standards for construction and closure of solid

 3  waste management facilities. The standards shall allow

 4  flexibility in design and consideration for site-specific

 5  characteristics.

 6         (2)  Except as provided in s. 403.722(6), no permit

 7  under this section is required for the following, provided

 8  that the activity shall not create a public nuisance or any

 9  condition adversely affecting the environment or public health

10  and shall not violate other state or local laws, ordinances,

11  rules, regulations, or orders:

12         (a)  Disposal by persons of solid waste resulting from

13  their own activities on their own property, provided such

14  waste is either ordinary household waste from their

15  residential property or is rocks, soils, trees, tree remains,

16  and other vegetative matter that which normally result from

17  land development operations.  Disposal of materials that which

18  could create a public nuisance or adversely affect the

19  environment or public health, such as: white goods; automotive

20  materials, such as batteries and tires; petroleum products;

21  pesticides; solvents; or hazardous substances, is not covered

22  under this exemption.

23         (b)  Storage in containers by persons of solid waste

24  resulting from their own activities on their property, leased

25  or rented property, or property subject to a homeowners or

26  maintenance association for which the person contributes

27  association assessments, if the solid waste in such containers

28  is collected at least once a week.

29         (c)  Disposal by persons of solid waste resulting from

30  their own activities on their property, provided the

31  

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 1  environmental effects of such disposal on groundwater and

 2  surface waters are:

 3         1.  Addressed or authorized by a site certification

 4  order issued under part II or a permit issued by the

 5  department pursuant to this chapter or rules adopted pursuant

 6  thereto; or

 7         2.  Addressed or authorized by, or exempted from the

 8  requirement to obtain, a groundwater monitoring plan approved

 9  by the department.

10         (d)  Disposal by persons of solid waste resulting from

11  their own activities on their own property, provided that such

12  disposal occurred prior to October 1, 1988.

13         (e)  Disposal of solid waste resulting from normal

14  farming operations as defined by department rule.

15  Polyethylene agricultural plastic, damaged, nonsalvageable,

16  untreated wood pallets, and packing material that cannot be

17  feasibly recycled, which are used in connection with

18  agricultural operations related to the growing, harvesting, or

19  maintenance of crops, may be disposed of by open burning,

20  provided that no public nuisance or any condition adversely

21  affecting the environment or the public health is created

22  thereby and that state or federal ambient air quality

23  standards are not violated.

24         (f)  The use of clean debris as fill material in any

25  area. However, this paragraph does not exempt any person from

26  obtaining any other required permits, nor does it affect a

27  person's responsibility to dispose of clean debris

28  appropriately if it is not to be used as fill material.

29         (g)  Compost operations that produce less than 50 cubic

30  yards of compost per year when the compost produced is used on

31  the property where the compost operation is located.

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 1         (3)  All applicable provisions of ss. 403.087 and

 2  403.088, relating to permits, apply to the control of solid

 3  waste management facilities.

 4         (4)  When application for a construction permit for a

 5  Class I or Class II solid waste disposal area is made, it is

 6  the duty of the department to provide a copy of the

 7  application, within 7 days after filing, to the water

 8  management district having jurisdiction where the area is to

 9  be located.  The water management district may prepare an

10  advisory report as to the impact on water resources.  This

11  report shall contain the district's recommendations as to the

12  disposition of the application and shall be submitted to the

13  department no later than 30 days prior to the deadline for

14  final agency action by the department. However, the failure of

15  the department or the water management district to comply with

16  the provisions of this subsection shall not be the basis for

17  the denial, revocation, or remand of any permit or order

18  issued by the department.

19         (5)  The department may not issue a construction permit

20  pursuant to this part for a new solid waste landfill within

21  3,000 feet of Class I surface waters.

22         (6)  The department may issue a construction permit

23  pursuant to this part only to a solid waste management

24  facility that provides the conditions necessary to control the

25  safe movement of wastes or waste constituents into surface or

26  ground waters or the atmosphere and that will be operated,

27  maintained, and closed by qualified and properly trained

28  personnel. Such facility must if necessary:

29         (a)  Use natural or artificial barriers which are

30  capable of controlling lateral or vertical movement of wastes

31  or waste constituents into surface or ground waters.

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 1         (b)  Have a foundation or base that is capable of

 2  providing support for structures and waste deposits and

 3  capable of preventing foundation or base failure due to

 4  settlement, compression, or uplift.

 5         (c)  Provide for the most economically feasible,

 6  cost-effective, and environmentally safe control of leachate,

 7  gas, stormwater, and disease vectors and prevent the

 8  endangerment of public health and the environment.

 9  

10  Open fires, air-curtain incinerators, or trench burning may

11  not be used as a means of disposal at a solid waste management

12  facility, unless permitted by the department under s. 403.087.

13         (7)  Prior to application for a construction permit, an

14  applicant shall designate to the department temporary backup

15  disposal areas or processes for the resource recovery

16  facility. Failure to designate temporary backup disposal areas

17  or processes shall result in a denial of the construction

18  permit.

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

20  applicant who by past conduct in this state has repeatedly

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

22  or conditions relating to any solid waste management facility

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

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

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

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

27  subsidiary corporation, a partner, a corporate officer or

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

29  stock of the corporation.

30         (9)  Before or on the same day of filing with the

31  department of an application for any construction permit for

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 1  the incineration of biomedical waste which the department may

 2  require by rule, the applicant shall notify each city and

 3  county within 1 mile of the facility of the filing of the

 4  application and shall publish notice of the filing of the

 5  application. The applicant shall publish a second notice of

 6  the filing within 14 days after the date of filing. Each

 7  notice shall be published in a newspaper of general

 8  circulation in the county in which the facility is located or

 9  is proposed to be located. Notwithstanding the provisions of

10  chapter 50, for purposes of this section, a "newspaper of

11  general circulation" shall be the newspaper within the county

12  in which the installation or facility is proposed which has

13  the largest daily circulation in that county and has its

14  principal office in that county. If the newspaper with the

15  largest daily circulation has its principal office outside the

16  county, the notice shall appear in both the newspaper with the

17  largest daily circulation in that county, and a newspaper

18  authorized to publish legal notices in that county. The notice

19  shall contain:

20         (a)  The name of the applicant and a brief description

21  of the facility and its location.

22         (b)  The location of the application file and when it

23  is available for public inspection.

24  

25  The notice shall be prepared by the applicant and shall comply

26  with the following format:

27  

28                      Notice of Application

29  

30  The Department of Environmental Protection announces receipt

31  of an application for a permit from ...(name of applicant)...

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 1  to ...(brief description of project).... This proposed project

 2  will be located at ...(location)... in ...(county)...

 3  ...(city)....

 4  

 5  This application is being processed and is available for

 6  public inspection during normal business hours, 8:00 a.m. to

 7  5:00 p.m., Monday through Friday, except legal holidays, at

 8  ...(name and address of office)....

 9  

10         (10)  A permit, which the department may require by

11  rule, for the incineration of biomedical waste, may not be

12  transferred by the permittee to any other entity, except in

13  conformity with the requirements of this subsection.

14         (a)  Within 30 days after the sale or legal transfer of

15  a permitted facility, the permittee shall file with the

16  department an application for transfer of the permits on such

17  form as the department shall establish by rule.  The form must

18  be completed with the notarized signatures of both the

19  transferring permittee and the proposed permittee.

20         (b)  The department shall approve the transfer of a

21  permit unless it determines that the proposed permittee has

22  not provided reasonable assurances that the proposed permittee

23  has the administrative, technical, and financial capability to

24  properly satisfy the requirements and conditions of the

25  permit, as determined by department rule.  The determination

26  shall be limited solely to the ability of the proposed

27  permittee to comply with the conditions of the existing

28  permit, and it shall not concern the adequacy of the permit

29  conditions.  If the department proposes to deny the transfer,

30  it shall provide both the transferring permittee and the

31  proposed permittee a written objection to such transfer

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 1  together with notice of a right to request a proceeding on

 2  such determination under chapter 120.

 3         (c)  Within 90 days after receiving a properly

 4  completed application for transfer of a permit, the department

 5  shall issue a final determination. The department may toll the

 6  time for making a determination on the transfer by notifying

 7  both the transferring permittee and the proposed permittee

 8  that additional information is required to adequately review

 9  the transfer request. Such notification shall be provided

10  within 30 days after receipt of an application for transfer of

11  the permit, completed pursuant to paragraph (a). If the

12  department fails to take action to approve or deny the

13  transfer within 90 days after receipt of the completed

14  application or within 90 days after receipt of the last item

15  of timely requested additional information, the transfer shall

16  be deemed approved.

17         (d)  The transferring permittee is encouraged to apply

18  for a permit transfer well in advance of the sale or legal

19  transfer of a permitted facility.  However, the transfer of

20  the permit shall not be effective prior to the sale or legal

21  transfer of the facility.

22         (e)  Until the transfer of the permit is approved by

23  the department, the transferring permittee and any other

24  person constructing, operating, or maintaining the permitted

25  facility shall be liable for compliance with the terms of the

26  permit. Nothing in this section shall relieve the transferring

27  permittee of liability for corrective actions that may be

28  required as a result of any violations occurring prior to the

29  legal transfer of the permit.

30         (11)  The department shall review all permit

31  applications for any designated Class I solid waste disposal

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 1  facility. As used in this subsection, the term "designated

 2  Class I solid waste disposal facility" means any facility that

 3  is, as of May 12, 1993, a solid waste disposal facility

 4  classified as an active Class I landfill by the department,

 5  that is located in whole or in part within 1,000 feet of the

 6  boundary of any municipality, but that is not located within

 7  any county with an approved charter or consolidated municipal

 8  government, is not located within any municipality, and is not

 9  operated by a municipality. The department shall not permit

10  vertical expansion or horizontal expansion of any designated

11  Class I solid waste disposal facility unless the application

12  for such permit was filed before January 1, 1993, and no solid

13  waste management facility may be operated which is a vertical

14  expansion or horizontal expansion of a designated Class I

15  solid waste disposal facility. As used in this subsection, the

16  term "vertical expansion" means any activity that will result

17  in an increase in the height of a designated Class I solid

18  waste disposal facility above 100 feet National Geodetic

19  Vertical Datum, except solely for closure, and the term

20  "horizontal expansion" means any activity that will result in

21  an increase in the ground area covered by a designated Class I

22  solid waste disposal facility, or if within 1 mile of a

23  designated Class I solid waste disposal facility, any new or

24  expanded operation of any solid waste disposal facility or

25  area, or of incineration of solid waste, or of storage of

26  solid waste for more than 1 year, or of composting of solid

27  waste other than yard trash.

28         (9)(12)  The department shall establish a separate

29  category for solid waste management facilities which accept

30  only construction and demolition debris for disposal or

31  recycling. The department shall establish a reasonable

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 1  schedule for existing facilities to comply with this section

 2  to avoid undue hardship to such facilities. However, a

 3  permitted solid waste disposal unit that which receives a

 4  significant amount of waste prior to the compliance deadline

 5  established in this schedule shall not be required to be

 6  retrofitted with liners or leachate control systems.

 7  Facilities accepting materials defined in s. 403.703(17)(b)

 8  must implement a groundwater monitoring system adequate to

 9  detect contaminants that may reasonably be expected to result

10  from such disposal prior to the acceptance of those materials.

11         (a)  The department shall establish reasonable

12  construction, operation, monitoring, recordkeeping, financial

13  assurance, and closure requirements for such facilities.  The

14  department shall take into account the nature of the waste

15  accepted at various facilities when establishing these

16  requirements, and may impose less stringent requirements,

17  including a system of general permits or registration

18  requirements, for facilities that accept only a segregated

19  waste stream which is expected to pose a minimal risk to the

20  environment and public health, such as clean debris.  The

21  Legislature recognizes that incidental amounts of other types

22  of solid waste are commonly generated at construction or

23  demolition projects.  In any enforcement action taken pursuant

24  to this section, the department shall consider the difficulty

25  of removing these incidental amounts from the waste stream.

26         (b)  The department shall not require liners and

27  leachate collection systems at individual facilities unless it

28  demonstrates, based upon the types of waste received, the

29  methods for controlling types of waste disposed of, the

30  proximity of groundwater and surface water, and the results of

31  the hydrogeological and geotechnical investigations, that the

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 1  facility is reasonably expected to result in violations of

 2  groundwater standards and criteria otherwise.

 3         (c)  The owner or operator shall provide financial

 4  assurance for closing of the facility in accordance with the

 5  requirements of s. 403.7125. The financial assurance shall

 6  cover the cost of closing the facility and 5 years of

 7  long-term care after closing, unless the department

 8  determines, based upon hydrogeologic conditions, the types of

 9  wastes received, or the groundwater monitoring results, that a

10  different long-term care period is appropriate.  However,

11  unless the owner or operator of the facility is a local

12  government, the escrow account described in s. 403.7125(2) s.

13  403.7125(3) may not be used as a financial assurance

14  mechanism.

15         (d)  The department shall establish training

16  requirements for operators of facilities, and shall work with

17  the State University System or other providers to assure that

18  adequate training courses are available.  The department shall

19  also assist the Florida Home Builders Association in

20  establishing a component of its continuing education program

21  to address proper handling of construction and demolition

22  debris, including best management practices for reducing

23  contamination of the construction and demolition debris waste

24  stream.

25         (e)  The issuance of a permit under this subsection

26  does not obviate the need to comply with all applicable zoning

27  and land use regulations.

28         (f)  A permit is not required under this section for

29  the disposal of construction and demolition debris on the

30  property where it is generated, but such property must be

31  

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 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 December 31, 2006 1996, that some or all of

28  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

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 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. 403.703(6)

14  s. 403.703(17)(b). The county shall provide written notice of

15  its determination to the department by no later than December

16  31, 2006 1996; thereafter, the wood materials described in s.

17  403.703(6) s. 403.703(17)(b) shall be excluded from the

18  definition of "construction and demolition debris" in s.

19  403.703(6) s. 403.703(17) within the jurisdiction of such

20  county. The county may withdraw or revoke its determination at

21  any time by providing written notice to the department.

22         (k)  Brazilian pepper and other invasive exotic plant

23  species as designated by the department resulting from

24  eradication projects may be processed at permitted

25  construction and demolition debris recycling facilities or

26  disposed of at permitted construction and demolition debris

27  disposal facilities or Class III facilities. The department

28  may adopt rules to implement this paragraph.

29         (10)(13)  If the department and a local government

30  independently require financial assurance for the closure of a

31  privately owned solid waste management facility, the

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 1  department and that local government shall enter into an

 2  interagency agreement that will allow the owner or operator to

 3  provide a single financial mechanism to cover the costs of

 4  closure and any required long-term care. The financial

 5  mechanism may provide for the department and local government

 6  to be cobeneficiaries or copayees, but shall not impose

 7  duplicative financial requirements on the owner or operator.

 8  These closure costs must include at least the minimum required

 9  by department rules and must also include any additional costs

10  required by local ordinance or regulation.

11         (11)(14)  Before or on the same day of filing with the

12  department of an application for a permit to construct or

13  substantially modify a solid waste management facility, the

14  applicant shall notify the local government having

15  jurisdiction over the facility of the filing of the

16  application.  The applicant also shall publish notice of the

17  filing of the application in a newspaper of general

18  circulation in the area where the facility will be located.

19  Notice shall be given and published in accordance with

20  applicable department rules.  The department shall not issue

21  the requested permit until the applicant has provided the

22  department with proof that the notices required by this

23  subsection have been given. Issuance of a permit does not

24  relieve an applicant from compliance with local zoning or land

25  use ordinances, or with any other law, rules, or ordinances.

26         (12)(15)  Construction and demolition debris must be

27  separated from the solid waste stream and segregated in

28  separate locations at a solid waste disposal facility or other

29  permitted site.

30         (13)(16)  No facility, solely by virtue of the fact

31  that it uses processed yard trash or clean wood or paper waste

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 1  as a fuel source, shall be considered to be a solid waste

 2  disposal facility.

 3         Section 12.  Section 403.7071, Florida Statutes, is

 4  created to read:

 5         403.7071  Management of storm-generated debris.--Solid

 6  waste generated as a result of a storm event that is the

 7  subject of an emergency order issued by the department may be

 8  managed as follows:

 9         (1)  The Department of Environmental Protection may

10  issue field authorizations for staging areas in those counties

11  affected by a storm event.  Such staging areas may be used for

12  the temporary storage and management of storm-generated

13  debris, including the chipping, grinding, or burning of

14  vegetative debris.  Field authorizations may be requested by

15  providing a notice to the local office of the department

16  containing a description of the design and operation of the

17  staging area; the location of the staging area, and the name,

18  address, and telephone number of the site manager. Field

19  authorizations also may be issued by the department staff

20  without prior notice. Written records of all field

21  authorizations shall be created and maintained by department

22  staff. Field authorizations may include specific conditions

23  for the operation and closure of the staging area and shall

24  include a required closure date. A local government shall

25  avoid locating a staging area in wetlands and other surface

26  waters to the greatest extent possible, and the area that is

27  used or affected by a staging area must be fully restored upon

28  cessation of use of the area.

29         (2)  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,

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 1  or a permitted construction and demolition debris disposal

 2  facility.  Vegetative debris may also be managed at a

 3  permitted waste processing facility or a registered yard trash

 4  processing facility.

 5         (3)  Construction and demolition debris that is mixed

 6  with other storm-generated debris need not be segregated from

 7  other solid waste prior to disposal in a lined landfill.

 8  Construction and demolition debris that is source-separated or

 9  is separated from other hurricane-generated debris at an

10  authorized staging area, or at another area specifically

11  authorized by the department, may be managed at a permitted

12  construction and demolition debris disposal or recycling

13  facility upon approval by the department of the methods and

14  operational practices used to inspect the waste during

15  segregation.

16         (4)  Unsalvageable refrigerators and freezers

17  containing solid waste, such as rotting food, which may create

18  a sanitary nuisance may be disposed of in a permitted lined

19  landfill; however, chlorofluorocarbons and capacitors must be

20  removed and recycled to the greatest extent practicable using

21  techniques and personnel meeting relevant federal

22  requirements.

23         (5)  Local governments may conduct the burning of

24  storm-generated yard trash and other vegetative debris in

25  air-curtain incinerators without prior notice to the

26  department. Demolition debris may also be burned in

27  air-curtain incinerators if the material is limited to

28  untreated wood. Within 10 days after commencing such burning,

29  the local government shall notify the department in writing

30  describing the general nature of the materials burned; the

31  location and method of burning; and the name, address, and

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 1  telephone number of the representative of the local government

 2  to contact concerning the work. The operator of the

 3  air-curtain incinerator is subject to any requirement to

 4  obtain an open-burning authorization from the Division of

 5  Forestry or any other agency empowered to grant such

 6  authorization.

 7         Section 13.  Section 403.708, Florida Statutes, is

 8  amended to read:

 9         403.708  Prohibition; penalty.--

10         (1)  No person shall:

11         (a)  Place or deposit any solid waste in or on the land

12  or waters located within the state except in a manner approved

13  by the department and consistent with applicable approved

14  programs of counties or municipalities. However, nothing in

15  this act shall be construed to prohibit the disposal of solid

16  waste without a permit as provided in s. 403.707(2).

17         (b)  Burn solid waste except in a manner prescribed by

18  the department and consistent with applicable approved

19  programs of counties or municipalities.

20         (c)  Construct, alter, modify, or operate a solid waste

21  management facility or site without first having obtained from

22  the department any permit required by s. 403.707.

23         (2)  No beverage shall be sold or offered for sale

24  within the state in a beverage container designed and

25  constructed so that the container is opened by detaching a

26  metal ring or tab.

27         (3)  For purposes of subsections (2), (9), and (10):

28         (a)  "Degradable," with respect to any material, means

29  that such material, after being discarded, is capable of

30  decomposing to components other than heavy metals or other

31  

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 1  toxic substances, after exposure to bacteria, light, or

 2  outdoor elements.

 3         (a)(b)  "Beverage" means soda water, carbonated natural

 4  or mineral water, or other nonalcoholic carbonated drinks;

 5  soft drinks, whether or not carbonated; beer, ale, or other

 6  malt drink of whatever alcoholic content; or a mixed wine

 7  drink or a mixed spirit drink.

 8         (b)(c)  "Beverage container" means an airtight

 9  container which at the time of sale contains 1 gallon or less

10  of a beverage, or the metric equivalent of 1 gallon or less,

11  and which is composed of metal, plastic, or glass or a

12  combination thereof.

13         (4)  The Division of Alcoholic Beverages and Tobacco of

14  the Department of Business and Professional Regulation may

15  impose a fine of not more than $100 on any person currently

16  licensed pursuant to s. 561.14 for each violation of the

17  provisions of subsection (2). If the violation is of a

18  continuing nature, each day during which such violation occurs

19  shall constitute a separate and distinct offense and shall be

20  subject to a separate fine.

21         (5)  The Department of Agriculture and Consumer

22  Services may impose a fine of not more than $100 on any person

23  not currently licensed pursuant to s. 561.14 for each

24  violation of the provisions of subsection (2). If the

25  violation is of a continuing nature, each day during which

26  such violation occurs shall constitute a separate and distinct

27  offense and shall be subject to a separate fine.

28         (6)  Fifty percent of each fine collected pursuant to

29  subsections (4) and (5) shall be deposited into the Solid

30  Waste Management Trust Fund. The balance of fines collected

31  pursuant to subsection (4) shall be deposited into the

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 1  Alcoholic Beverage and Tobacco Trust Fund for the use of the

 2  division for inspection and enforcement of the provisions of

 3  this section. The balance of fines collected pursuant to

 4  subsection (5) shall be deposited into the General Inspection

 5  Trust Fund for the use of the Department of Agriculture and

 6  Consumer Services for inspection and enforcement of the

 7  provisions of this section.

 8         (7)  The Division of Alcoholic Beverages and Tobacco

 9  and the Department of Agriculture and Consumer Services shall

10  coordinate their responsibilities under the provisions of this

11  section to ensure that inspections and enforcement are

12  accomplished in an efficient, cost-effective manner.

13         (8)  A person may not distribute, sell, or expose for

14  sale in this state any plastic bottle or rigid container

15  intended for single use unless such container has a molded

16  label indicating the plastic resin used to produce the plastic

17  container.  The label must appear on or near the bottom of the

18  plastic container product and be clearly visible.  This label

19  must consist of a number placed inside a triangle and letters

20  placed below the triangle. The triangle must be equilateral

21  and must be formed by three arrows, and, in the middle of each

22  arrow, there must be a rounded bend that forms one apex of the

23  triangle. The pointer, or arrowhead, of each arrow must be at

24  the midpoint of a side of the triangle, and a short gap must

25  separate each pointer from the base of the adjacent arrow.

26  The three curved arrows that form the triangle must depict a

27  clockwise path around the code number. Plastic bottles of less

28  than 16 ounces, rigid plastic containers of less than 8

29  ounces, and plastic casings on lead-acid storage batteries are

30  not required to be labeled under this section.  The numbers

31  and letters must be as follows:

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 1         (a)  For polyethylene terephthalate, the letters "PETE"

 2  and the number 1.

 3         (b)  For high-density polyethylene, the letters "HDPE"

 4  and the number 2.

 5         (c)  For vinyl, the letter "V" and the number 3.

 6         (d)  For low-density polyethylene, the letters "LDPE"

 7  and the number 4.

 8         (e)  For polypropylene, the letters "PP" and the number

 9  5.

10         (f)  For polystyrene, the letters "PS" and the number

11  6.

12         (g)  For any other, the letters "OTHER" and the number

13  7.

14         (9)  No person shall distribute, sell, or expose for

15  sale in this state any product packaged in a container or

16  packing material manufactured with fully halogenated

17  chlorofluorocarbons (CFC). Producers of containers or packing

18  material manufactured with chlorofluorocarbons (CFC) are urged

19  to introduce alternative packaging materials which are

20  environmentally compatible.

21         (10)  The packaging of products manufactured or sold in

22  the state may not be controlled by governmental rule,

23  regulation, or ordinance adopted after March 1, 1974, other

24  than as expressly provided in this act.

25         (11)  Violations of this part or rules, regulations,

26  permits, or orders issued thereunder by the department and

27  violations of approved local programs of counties or

28  municipalities or rules, regulations, or orders issued

29  thereunder shall be punishable by a civil penalty as provided

30  in s. 403.141.

31  

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 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 such

 7  solid waste shall dispose of such solid waste in landfills:

 8         (a)  Lead-acid batteries, after January 1, 1989.

 9  Lead-acid batteries also may shall not be disposed of in any

10  waste-to-energy facility after January 1, 1989.  To encourage

11  proper collection and recycling, all persons who sell

12  lead-acid batteries at retail shall accept used lead-acid

13  batteries as trade-ins for new lead-acid batteries.

14         (b)  Used oil, after October 1, 1988.

15         (c)  Yard trash, after January 1, 1992, except in lined

16  unlined landfills classified by department rule as Class I

17  landfills. Yard trash that is source separated from solid

18  waste may be accepted at a solid waste disposal area where the

19  area provides and maintains separate yard trash composting

20  facilities.  The department recognizes that incidental amounts

21  of yard trash may be disposed of in Class I lined landfills.

22  In any enforcement action taken pursuant to this paragraph,

23  the department shall consider the difficulty of removing

24  incidental amounts of yard trash from a mixed solid waste

25  stream.

26         (d)  White goods, after January 1, 1990.

27  

28  Prior to the effective dates specified in paragraphs (a)-(d),

29  the department shall identify and assist in developing

30  alternative disposal, processing, or recycling options for the

31  solid wastes identified in paragraphs (a)-(d).

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 1         Section 14.  Section 403.709, Florida Statutes, is

 2  amended to read:

 3         403.709  Solid Waste Management Trust Fund; use of

 4  waste tire fees.--There is created the Solid Waste Management

 5  Trust Fund, to be administered by the department.

 6         (1)  From The annual revenues deposited in the trust

 7  fund, unless otherwise specified in the General Appropriations

 8  Act, shall be used as follows:

 9         (a)(1)  Up to 40 percent shall be used for Funding

10  solid waste activities of the department and other state

11  agencies, such as providing technical assistance to local

12  governments and the private sector, performing solid waste

13  regulatory and enforcement functions, preparing solid waste

14  documents, and implementing solid waste education programs.

15         (b)(2)  Up to 4.5 percent shall be used for Funding

16  research and training programs relating to solid waste

17  management through the Center for Solid and Hazardous Waste

18  Management and other organizations which can reasonably

19  demonstrate the capability to carry out such projects.

20         (c)(3)  Up to 11 percent shall be used for Funding to

21  supplement any other funds provided to the Department of

22  Agriculture and Consumer Services for mosquito control. This

23  distribution shall be annually transferred to the General

24  Inspection Trust Fund in the Department of Agriculture and

25  Consumer Services to be used for mosquito control, especially

26  control of West Nile Virus.

27         (d)(4)  Up to 4.5 percent shall be used for Funding to

28  the Department of Transportation for litter prevention and

29  control programs coordinated by Keep Florida Beautiful, Inc.

30         (e)(5)  A minimum of 40 percent shall be used for

31  Funding a competitive and innovative grant program pursuant to

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 1  s. 403.7095 for activities relating to recycling and reducing

 2  the volume of municipal solid waste, including waste tires

 3  requiring final disposal.

 4         (2)(6)  The department shall recover to the use of the

 5  fund from the site owner or the person responsible for the

 6  accumulation of tires at the site, jointly and severally, all

 7  sums expended from the fund pursuant to this section to manage

 8  tires at an illegal waste tire site, except that the

 9  department may decline to pursue such recovery if it finds the

10  amount involved too small or the likelihood of recovery too

11  uncertain. If a court determines that the owner is unable or

12  unwilling to comply with the rules adopted pursuant to this

13  section or s. 403.717, the court may authorize the department

14  to take possession and control of the waste tire site in order

15  to protect the health, safety, and welfare of the community

16  and the environment.

17         (3)(7)  The department may impose a lien on the real

18  property on which the waste tire site is located and the waste

19  tires equal to the estimated cost to bring the tire site into

20  compliance, including attorney's fees and court costs. Any

21  owner whose property has such a lien imposed may release her

22  or his property from any lien claimed under this subsection by

23  filing with the clerk of the circuit court a cash or surety

24  bond, payable to the department in the amount of the estimated

25  cost of bringing the tire site into compliance with department

26  rules, including attorney's fees and court costs, or the value

27  of the property after the abatement action is complete,

28  whichever is less. No lien provided by this subsection shall

29  continue for a longer period than 4 years after the completion

30  of the abatement action unless within that time an action to

31  enforce the lien is commenced in a court of competent

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 1  jurisdiction. The department may take action to enforce the

 2  lien in the same manner used for construction liens under part

 3  I of chapter 713.

 4         (4)(8)  This section does not limit the use of other

 5  remedies available to the department.

 6         Section 15.  Subsection (5) of section 403.7095,

 7  Florida Statutes, is amended to read:

 8         403.7095  Solid waste management grant program.--

 9         (5)  From the funds made available pursuant to s.

10  403.709(1)(e) s. 403.709(5) for the grant program created by

11  this section, the following distributions shall be made:

12         (a)  Up to 15 percent for the program described in

13  subsection (1);

14         (b)  Up to 35 percent for the program described in

15  subsection (3); and

16         (c)  Up to 50 percent for the program described in

17  subsection (4).

18         Section 16.  Section 403.7125, Florida Statutes, is

19  amended to read:

20         403.7125  Financial assurance for closure Landfill

21  management escrow account.--

22         (1)  As used in this section:

23         (a)  "Landfill" means any solid waste land disposal

24  area for which a permit, other than a general permit, is

25  required by s. 403.707 that receives solid waste for disposal

26  in or upon land other than a land-spreading site, injection

27  well, or a surface impoundment.

28         (b)  "Closure" means the ceasing operation of a

29  landfill and securing such landfill so that it does not pose a

30  significant threat to public health or the environment and

31  includes long-term monitoring and maintenance of a landfill.

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 1         (c)  "Owner or operator" means, in addition to the

 2  usual meanings of the term, any owner of record of any

 3  interest in land whereon a landfill is or has been located and

 4  any person or corporation which owns a majority interest in

 5  any other corporation which is the owner or operator of a

 6  landfill.

 7         (1)(2)  Every owner or operator of a landfill is

 8  jointly and severally liable for the improper operation and

 9  closure of the landfill, as provided by law. As used in this

10  section, the term "owner or operator" means any owner of

11  record of any interest in land wherein a landfill is or has

12  been located and any person or corporation that owns a

13  majority interest in any other corporation that is the owner

14  or operator of a landfill.

15         (2)(3)  The owner or operator of a landfill owned or

16  operated by a local or state government or the Federal

17  Government shall establish a fee, or a surcharge on existing

18  fees or other appropriate revenue-producing mechanism, to

19  ensure the availability of financial resources for the proper

20  closure of the landfill. However, the disposal of solid waste

21  by persons on their own property, as described in s.

22  403.707(2), is exempt from the provisions of this section.

23         (a)  The revenue-producing mechanism must produce

24  revenue at a rate sufficient to generate funds to meet state

25  and federal landfill closure requirements.

26         (b)  The revenue shall be deposited in an

27  interest-bearing escrow account to be held and administered by

28  the owner or operator. The owner or operator shall file with

29  the department an annual audit of the account. The audit shall

30  be conducted by an independent certified public accountant.

31  Failure to collect or report such revenue, except as allowed

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 1  in subsection (3) (4), is a noncriminal violation punishable

 2  by a fine of not more than $5,000 for each offense.  The owner

 3  or operator may make expenditures from the account and its

 4  accumulated interest only for the purpose of landfill closure

 5  and, if such expenditures do not deplete the fund to the

 6  detriment of eventual closure, for planning and construction

 7  of resource recovery or landfill facilities.  Any moneys

 8  remaining in the account after paying for proper and complete

 9  closure, as determined by the department, shall, if the owner

10  or operator does not operate a landfill, be deposited by the

11  owner or operator into the general fund or the appropriate

12  solid waste fund of the local government of jurisdiction.

13         (c)  The revenue generated under this subsection and

14  any accumulated interest thereon may be applied to the payment

15  of, or pledged as security for, the payment of revenue bonds

16  issued in whole or in part for the purpose of complying with

17  state and federal landfill closure requirements. Such

18  application or pledge may be made directly in the proceedings

19  authorizing such bonds or in an agreement with an insurer of

20  bonds to assure such insurer of additional security therefor.

21         (d)  The provisions of s. 212.055 which that relate to

22  raising of revenues for landfill closure or long-term

23  maintenance do not relieve a landfill owner or operator from

24  the obligations of this section.

25         (e)  The owner or operator of any landfill that had

26  established an escrow account in accordance with this section

27  and the conditions of its permit prior to January 1, 2006, may

28  continue to use that escrow account to provide financial

29  assurance for closure of that landfill, even if that landfill

30  is not owned or operated by a local or state government or the

31  Federal Government.

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 1         (3)(4)  An owner or operator of a landfill owned or

 2  operated by a local or state government or by the Federal

 3  Government may provide financial assurance to establish proof

 4  of financial responsibility with the department in lieu of the

 5  requirements of subsection (2) (3). An owner or operator of

 6  any other landfill, or any other solid waste management

 7  facility designated by department rule, shall provide

 8  financial assurance to the department for the closure of the

 9  facility. Such financial assurance proof may include surety

10  bonds, certificates of deposit, securities, letters of credit,

11  or other documents showing that the owner or operator has

12  sufficient financial resources to cover, at a minimum, the

13  costs of complying with applicable landfill closure

14  requirements.  The owner or operator shall estimate such costs

15  to the satisfaction of the department.

16         (4)(5)  This section does not repeal, limit, or

17  abrogate any other law authorizing local governments to fix,

18  levy, or charge rates, fees, or charges for the purpose of

19  complying with state and federal landfill closure

20  requirements.

21         (5)(6)  The department shall adopt rules to implement

22  this section.

23         Section 17.  Section 403.716, Florida Statutes, is

24  amended to read:

25         403.716  Training of operators of solid waste

26  management and other facilities.--

27         (1)  The department shall establish qualifications for,

28  and encourage the development of training programs for,

29  operators of landfills, coordinators of local recycling

30  programs, operators of waste-to-energy facilities, biomedical

31  waste incinerators, and mobile soil thermal treatment units or

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 1  facilities, and operators of other solid waste management

 2  facilities.

 3         (2)  The department shall work with accredited

 4  community colleges, career centers, state universities, and

 5  private institutions in developing educational materials,

 6  courses of study, and other such information to be made

 7  available for persons seeking to be trained as operators of

 8  solid waste management facilities.

 9         (3)  A person may not perform the duties of an operator

10  of a landfill, or perform the duties of an operator of a

11  waste-to-energy facility, biomedical waste incinerator, or

12  mobile soil thermal treatment unit or facility, unless she or

13  he has completed an operator training course approved by the

14  department or she or he has qualified as an interim operator

15  in compliance with requirements established by the department

16  by rule.  An owner of a landfill, waste-to-energy facility,

17  biomedical waste incinerator, or mobile soil thermal treatment

18  unit or facility may not employ any person to perform the

19  duties of an operator unless such person has completed an

20  approved landfill, waste-to-energy facility, biomedical waste

21  incinerator, or mobile soil thermal treatment unit or facility

22  operator training course, as appropriate, or has qualified as

23  an interim operator in compliance with requirements

24  established by the department by rule.  The department may

25  establish by rule operator training requirements for other

26  solid waste management facilities and facility operators.

27         (4)  The department has authority to adopt minimum

28  standards and other rules pursuant to ss. 120.536(1) and

29  120.54 to implement the provisions of this section. The

30  department shall ensure the safe, healthy, and lawful

31  operation of solid waste management facilities in this state.

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 1  The department may establish by rule various classifications

 2  for operators to cover the need for differing levels of

 3  training required to operate various types of solid waste

 4  management facilities due to different operating requirements

 5  at such facilities.

 6         (5)  For purposes of this section, the term "operator"

 7  means any person, including the owner, who is principally

 8  engaged in, and is in charge of, the actual operation,

 9  supervision, and maintenance of a solid waste management

10  facility and includes the person in charge of a shift or

11  period of operation during any part of the day.

12         Section 18.  Section 403.717, Florida Statutes, is

13  amended to read:

14         403.717  Waste tire and lead-acid battery

15  requirements.--

16         (1)  For purposes of this section and ss. 403.718 and

17  403.7185:

18         (a)  "Department" means the Department of Environmental

19  Protection.

20         (b)  "Motor vehicle" means an automobile, motorcycle,

21  truck, trailer, semitrailer, truck tractor and semitrailer

22  combination, or any other vehicle operated in this state, used

23  to transport persons or property and propelled by power other

24  than muscular power, but the term does not include traction

25  engines, road rollers, such vehicles as run only upon a track,

26  bicycles, mopeds, or farm tractors and trailers.

27         (c)  "Tire" means a continuous solid or pneumatic

28  rubber covering encircling the wheel of a motor vehicle.

29         (d)  "Waste tire" means a tire that has been removed

30  from a motor vehicle and has not been retreaded or regrooved.

31  "Waste tire" includes, but is not limited to, used tires and

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 1  processed tires. The term does not include solid rubber tires

 2  and tires that are inseparable from the rim.

 3         (e)  "Waste tire collection center" means a site where

 4  waste tires are collected from the public prior to being

 5  offered for recycling and where fewer than 1,500 tires are

 6  kept on the site on any given day.

 7         (f)  "Waste tire processing facility" means a site

 8  where equipment is used to treat waste tires mechanically,

 9  chemically, or thermally so that the resulting material is a

10  marketable product or is suitable for proper disposal

11  recapture reusable byproducts from waste tires or to cut,

12  burn, or otherwise alter waste tires so that they are no

13  longer whole. The term includes mobile waste tire processing

14  equipment.

15         (g)  "Waste tire site" means a site at which 1,500 or

16  more waste tires are accumulated.

17         (h)  "Lead-acid battery" means a those lead-acid

18  battery batteries designed for use in motor vehicles, vessels,

19  and aircraft, and includes such batteries when sold new as a

20  component part of a motor vehicle, vessel, or aircraft, but

21  not when sold to recycle components.

22         (i)  "Indoor" means within a structure that which

23  excludes rain and public access and would control air flows in

24  the event of a fire.

25         (j)  "Processed tire" means a tire that has been

26  treated mechanically, chemically, or thermally so that the

27  resulting material is a marketable product or is suitable for

28  proper disposal.

29         (k)  "Used tire" means a waste tire which has a minimum

30  tread depth of  3/32  inch or greater and is suitable for use

31  on a motor vehicle.

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 1         (2)  The owner or operator of any waste tire site shall

 2  provide the department with information concerning the site's

 3  location, size, and the approximate number of waste tires that

 4  are accumulated at the site and shall initiate steps to comply

 5  with subsection (3).

 6         (3)(a)  A person may not maintain a waste tire site

 7  unless such site is:

 8         1.  An integral part of the person's permitted waste

 9  tire processing facility; or

10         2.  Used for the storage of waste tires prior to

11  processing and is located at a permitted solid waste

12  management facility.

13         (b)  It is unlawful for any person to dispose of waste

14  tires or processed tires in the state except at a permitted

15  solid waste management facility.  Collection or storage of

16  waste tires at a permitted waste tire processing facility or

17  waste tire collection center prior to processing or use does

18  not constitute disposal, provided that the collection and

19  storage complies with rules established by the department.

20         (c)  Whole waste tires may not be deposited in a

21  landfill as a method of ultimate disposal.

22         (d)  A person may not contract with a waste tire

23  collector for the transportation, disposal, or processing of

24  waste tires unless the collector is registered with the

25  department or exempt from requirements provided under this

26  section.  Any person who contracts with a waste tire collector

27  for the transportation of more than 25 waste tires per month

28  from a single business location must maintain records for that

29  location and make them available for review by the department

30  or by law enforcement officers, which records must contain the

31  date when the tires were transported, the quantity of tires,

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 1  the registration number of the collector, and the name of the

 2  driver.

 3         (4)  The department shall adopt rules to carry out the

 4  provisions of this section and s. 403.718. Such rules shall:

 5         (a)  Provide for the administration or revocation of

 6  waste tire processing facility permits, including mobile

 7  processor permits;

 8         (b)  Provide for the administration or revocation of

 9  waste tire collector registrations, the fees for which may not

10  exceed $50 per vehicle registered annually;

11         (c)  Provide for the administration or revocation of

12  waste tire collection center permits, the fee for which may

13  not exceed $250 annually;

14         (d)  Set standards, including financial assurance

15  standards, for waste tire processing facilities and associated

16  waste tire sites, waste tire collection centers, waste tire

17  collectors, and for the storage of waste tires and processed

18  tires, including storage indoors;

19         (e)  The department may by rule exempt not-for-hire

20  waste tire collectors and processing facilities from financial

21  assurance requirements;

22         (f)  Authorize the final disposal of waste tires at a

23  permitted solid waste disposal facility provided the tires

24  have been cut into sufficiently small parts to assure their

25  proper disposal; and

26         (g)  Allow waste tire material which has been cut into

27  sufficiently small parts to be used as daily cover material

28  for a landfill.

29         (5)  A permit is not required for tire storage at:

30         (a)  A tire retreading business where fewer than 1,500

31  waste tires are kept on the business premises;

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 1         (b)  A business that, in the ordinary course of

 2  business, removes tires from motor vehicles if fewer than

 3  1,500 of these tires are kept on the business premises; or

 4         (c)  A retail tire-selling business which is serving as

 5  a waste tire collection center if fewer than 1,500 waste tires

 6  are kept on the business premises.

 7         (5)(6)(a)  The department shall encourage the voluntary

 8  establishment of waste tire collection centers at retail

 9  tire-selling businesses, waste tire processing facilities, and

10  solid waste disposal facilities, to be open to the public for

11  the deposit of waste tires.

12         (b)  The department is authorized to establish an

13  incentives program for individuals to encourage them to return

14  their waste tires to a waste tire collection center.  The

15  incentives used by the department may involve the use of

16  discount or prize coupons, prize drawings, promotional

17  giveaways, or other activities the department determines will

18  promote collection, reuse, volume reduction, and proper

19  disposal of waste tires.

20         (c)  The department may contract with a promotion

21  company to administer the incentives program.

22         Section 19.  Section 403.7221, Florida Statutes, is

23  transferred, renumbered as section 403.70715, Florida

24  Statutes, and is amended to read:

25         403.70715 403.7221  Research, development, and

26  demonstration permits.--

27         (1)  The department may issue a research, development,

28  and demonstration permit to the owner or operator of any solid

29  waste management facility, including any hazardous waste

30  management facility, who proposes to utilize an innovative and

31  experimental solid waste treatment technology or process for

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 1  which permit standards have not been promulgated.  Permits

 2  shall:

 3         (a)  Provide for construction and operation of the

 4  facility for not longer than 3 years 1 year, renewable no more

 5  than 3 times.

 6         (b)  Provide for the receipt and treatment by the

 7  facility of only those types and quantities of solid waste

 8  which the department deems necessary for purposes of

 9  determining the performance capabilities of the technology or

10  process and the effects of such technology or process on human

11  health and the environment.

12         (c)  Include requirements the department deems

13  necessary which may include monitoring, operation, testing,

14  financial responsibility, closure, and remedial action.

15         (2)  The department may apply the criteria set forth in

16  this section in establishing the conditions of each permit

17  without separate establishment of rules implementing such

18  criteria.

19         (3)  For the purpose of expediting review and issuance

20  of permits under this section, the department may, consistent

21  with the protection of human health and the environment,

22  modify or waive permit application and permit issuance

23  requirements, except that there shall be no modification or

24  waiver of regulations regarding financial responsibility or of

25  procedures established regarding public participation.

26         (4)  The department may order an immediate termination

27  of all operations at the facility at any time upon a

28  determination that termination is necessary to protect human

29  health and the environment.

30         Section 20.  Section 403.722, Florida Statutes, is

31  amended to read:

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 1         403.722  Permits; hazardous waste disposal, storage,

 2  and treatment facilities.--

 3         (1)  Each person who intends to or is required to

 4  construct, modify, operate, or close a hazardous waste

 5  disposal, storage, or treatment facility shall obtain a

 6  construction permit, operation permit, postclosure permit,

 7  clean closure plan approval, or corrective action permit from

 8  the department prior to constructing, modifying, operating, or

 9  closing the facility. By rule, the department may provide for

10  the issuance of a single permit instead of any two or more

11  hazardous waste facility permits.

12         (2)  Any owner or operator of a hazardous waste

13  facility in operation on the effective date of the department

14  rule listing and identifying hazardous wastes shall file an

15  application for a temporary operation permit within 6 months

16  after the effective date of such rule.  The department, upon

17  receipt of a properly completed application, shall identify

18  any department rules which are being violated by the facility

19  and shall establish a compliance schedule.  However, if the

20  department determines that an imminent hazard exists, the

21  department may take any necessary action pursuant to s.

22  403.726 to abate the hazard. The department shall issue a

23  temporary operation permit to such facility within the time

24  constraints of s. 120.60 upon submission of a properly

25  completed application which is in conformance with this

26  subsection. Temporary operation permits for such facilities

27  shall be issued for up to 3 years only.  Upon termination of

28  the temporary operation permit and upon proper application by

29  the facility owner or operator, the department shall issue an

30  operation permit for such existing facilities if the applicant

31  has corrected all of the deficiencies identified in the

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 1  temporary operation permit and is in compliance with all other

 2  rules adopted pursuant to this act.

 3         (3)  Permit Applicants shall provide any information

 4  that which will enable the department to determine that the

 5  proposed construction, modification, operation, or closure, or

 6  corrective action will comply with this act and any applicable

 7  rules. In no instance shall any person construct, modify,

 8  operate, or close a facility or perform corrective actions at

 9  a facility in contravention of the standards, requirements, or

10  criteria for a hazardous waste facility. Authorizations

11  Permits issued under this section may include any permit

12  conditions necessary to achieve compliance with applicable

13  hazardous waste rules and necessary to protect human health

14  and the environment.

15         (4)  The department may require, in an a permit

16  application, submission of information concerning matters

17  specified in s. 403.721(6) as well as information respecting:

18         (a)  Estimates of the composition, quantity, and

19  concentration of any hazardous waste identified or listed

20  under this act or combinations of any such waste and any other

21  solid waste, proposed to be disposed of, treated, transported,

22  or stored and the time, frequency, or rate at which such waste

23  is proposed to be disposed of, treated, transported, or

24  stored; and

25         (b)  The site to which such hazardous waste or the

26  products of treatment of such hazardous waste will be

27  transported and at which it will be disposed of, treated, or

28  stored.

29         (5)  An authorization A permit issued pursuant to this

30  section is not a vested right. The department may revoke or

31  modify any such authorization permit.

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 1         (a)  Authorizations Permits may be revoked for failure

 2  of the holder to comply with the provisions of this act, the

 3  terms of the authorization permit, the standards,

 4  requirements, or criteria adopted pursuant to this act, or an

 5  order of the department; for refusal by the holder to allow

 6  lawful inspection; for submission by the holder of false or

 7  inaccurate information in the permit application; or if

 8  necessary to protect the public health or the environment.

 9         (b)  Authorizations Permits may be modified, upon

10  request of the holder permittee, if such modification is not

11  in violation of this act or department rules or if the

12  department finds the modification necessary to enable the

13  facility to remain in compliance with this act and department

14  rules.

15         (c)  An owner or operator of a hazardous waste facility

16  in existence on the effective date of a department rule

17  changing an exemption or listing and identifying the hazardous

18  wastes that which require that facility to be permitted who

19  notifies the department pursuant to s. 403.72, and who has

20  applied for a permit pursuant to subsection (2), may continue

21  to operate until be issued a temporary operation permit. If

22  such owner or operator intends to or is required to

23  discontinue operation, the temporary operation permit must

24  include final closure conditions.

25         (6)  A hazardous waste facility permit issued pursuant

26  to this section shall satisfy the permit requirements of s.

27  403.707(1).  The permit exemptions provided in s. 403.707(2)

28  shall not apply to hazardous waste.

29         (7)  The department may establish permit application

30  procedures for hazardous waste facilities, which procedures

31  may vary based on differences in amounts, types, and

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 1  concentrations of hazardous waste and on differences in the

 2  size and location of facilities and which procedures may take

 3  into account permitting procedures of other laws not in

 4  conflict with this act.

 5         (8)  For authorizations permits required by this

 6  section, the department may require that a fee be paid and may

 7  establish, by rule, a fee schedule based on the degree of

 8  hazard and the amount and type of hazardous waste disposed of,

 9  stored, or treated at the facility.

10         (9)  It shall not be a requirement for the issuance of

11  such a hazardous waste authorization permit that the facility

12  complies with an adopted local government comprehensive plan,

13  local land use ordinances, zoning ordinances or regulations,

14  or other local ordinances. However, such an authorization a

15  permit issued by the department shall not override adopted

16  local government comprehensive plans, local land use

17  ordinances, zoning ordinances or regulations, or other local

18  ordinances.

19         (10)  Notwithstanding ss. 120.60(1) and 403.815:

20         (a)  The time specified by law for permit review shall

21  be tolled by the request of the department for publication of

22  notice of proposed agency action to issue a permit for a

23  hazardous waste treatment, storage, or disposal facility and

24  shall resume 45 days after receipt by the department of proof

25  of publication.  If, within 45 days after publication of the

26  notice of the proposed agency action, the department receives

27  written notice of opposition to the intention of the agency to

28  issue such permit and receives a request for a hearing, the

29  department shall provide for a hearing pursuant to ss. 120.569

30  and 120.57, if requested by a substantially affected party, or

31  an informal public meeting, if requested by any other person.

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 1  The failure to request a hearing within 45 days after

 2  publication of the notice of the proposed agency action

 3  constitutes a waiver of the right to a hearing under ss.

 4  120.569 and 120.57.  The permit review time period shall

 5  continue to be tolled until the completion of such hearing or

 6  meeting and shall resume within 15 days after conclusion of a

 7  public hearing held on the application or within 45 days after

 8  the recommended order is submitted to the agency and the

 9  parties, whichever is later.

10         (b)  Within 60 days after receipt of an application for

11  a hazardous waste facility permit, the department shall

12  examine the application, notify the applicant of any apparent

13  errors or omissions, and request any additional information

14  the department is permitted by law to require.  The failure to

15  correct an error or omission or to supply additional

16  information shall not be grounds for denial of the permit

17  unless the department timely notified the applicant within the

18  60-day period, except that this paragraph does not prevent the

19  department from denying an application if the department does

20  not possess sufficient information to ensure that the facility

21  is in compliance with applicable statutes and rules.

22         (c)  The department shall approve or deny each

23  hazardous waste facility permit within 135 days after receipt

24  of the original application or after receipt of the requested

25  additional information or correction of errors or omissions.

26  However, the failure of the department to approve or deny

27  within the 135-day time period does not result in the

28  automatic approval or denial of the permit and does not

29  prevent the inclusion of specific permit conditions which are

30  necessary to ensure compliance with applicable statutes and

31  rules. If the department fails to approve or deny the permit

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 1  within the 135-day period, the applicant may petition for a

 2  writ of mandamus to compel the department to act consistently

 3  with applicable regulatory requirements.

 4         (11)  Hazardous waste facility operation permits shall

 5  be issued for no more than 5 years.

 6         (12)  On the same day of filing with the department of

 7  an application for a permit for the construction modification,

 8  or operation of a hazardous waste facility, the applicant

 9  shall notify each city and county within 1 mile of the

10  facility of the filing of the application and shall publish

11  notice of the filing of the application. The applicant shall

12  publish a second notice of the filing within 14 days after the

13  date of filing. Each notice shall be published in a newspaper

14  of general circulation in the county in which the facility is

15  located or is proposed to be located. Notwithstanding the

16  provisions of chapter 50, for purposes of this section, a

17  "newspaper of general circulation" shall be the newspaper

18  within the county in which the installation or facility is

19  proposed which has the largest daily circulation in that

20  county and has its principal office in that county. If the

21  newspaper with the largest daily circulation has its principal

22  office outside the county, the notice shall appear in both the

23  newspaper with the largest daily circulation in that county,

24  and a newspaper authorized to publish legal notices in that

25  county. The notice shall contain:

26         (a)  The name of the applicant and a brief description

27  of the project and its location.

28         (b)  The location of the application file and when it

29  is available for public inspection.

30  

31  

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 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

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 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

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 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

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 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

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 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.  Subsection (8) of section 403.7265,

17  Florida Statutes, is amended to read:

18         403.7265  Local hazardous waste collection program.--

19         (8)  The department has the authority to establish an

20  additional local project grant program enabling a local

21  hazardous waste collection center grantee to receive funding

22  for unique projects that improve the collection and lower the

23  incidence of improper management of conditionally exempt or

24  household hazardous waste.  Eligible local governments may

25  receive up to $50,000 in grant funds for these unique and

26  innovative projects, provided they match 25 percent of the

27  grant amount. If the department finds that the project has

28  statewide applicability and immediate benefits to other local

29  hazardous waste collection programs in the state, matching

30  funds are not required. This grant will not count toward the

31  

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 1  $100,000 maximum grant amount for development of a collection

 2  center.

 3         Section 26.  Sections 403.7075 and 403.756, Florida

 4  Statutes, are repealed.

 5         Section 27.  Sections 403.78, 403.781, 403.782,

 6  403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,

 7  403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,

 8  403.789, 403.7891, 403.7892, 403.7893, and 403.7895, Florida

 9  Statutes, are repealed.

10         Section 28.  This act shall take effect July 1, 2006.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Revises various provisions governing the management of
      solid waste and environmental protection. Clarifies
15    various provisions of the Florida Litter Law. Abolishes
      Keep Florida Beautiful, Inc. Places the Wildflower
16    Advisory Council within the Department of Agriculture and
      Consumer Services. Places the Adopt-a-Shore Program
17    within the Department of Environmental Protection.
      Provides requirements for the management and disposal of
18    storm-generated debris. Revises requirements governing
      hazardous waste permits and facilities. Repeals the
19    Statewide Multipurpose Hazardous Waste Facility Siting
      Act. (See bill for details.)
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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