Senate Bill sb1906

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    Florida Senate - 2006                                  SB 1906

    By Senator Smith





    14-1490-06

  1                      A bill to be entitled

  2         An act relating to establishment of a

  3         performance-based environmental permitting

  4         system; creating s. 403.0874, F.S.; creating

  5         the Performance-based Permitting Act; providing

  6         legislative findings; providing purposes;

  7         providing definitions; providing compliance

  8         incentives for certain environmental permitting

  9         activities; providing requirements and

10         limitations; requiring the Department of

11         Environmental Protection to adopt certain

12         rules; providing for consequences for certain

13         noncompliance with certain permitting

14         decisions; providing for agency consideration

15         of an applicant's compliance history for

16         certain purposes; providing limitations;

17         providing for consideration of civil or

18         criminal violations; providing for permit

19         application denials under certain

20         circumstances; providing for limited

21         application approval under certain

22         circumstances; providing for limited permit

23         approvals; providing for reporting forms;

24         providing form information and structure

25         requirements; providing rulemaking authority

26         for the department; requiring agency

27         notification of formal enforcement actions;

28         providing notice requirements; providing

29         construction relating to existing agency

30         authority; specifying nonapplication to certain

31         general permits; amending ss. 403.087,

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 1         403.0872, 403.088, and 403.707, F.S.; revising

 2         criteria for department permit issuance to

 3         conform; amending s. 403.703, F.S.; correcting

 4         a cross-reference; amending ss. 373.413 and

 5         161.041, F.S.; specifying application of the

 6         Performance-based Permitting Program; providing

 7         an effective date.

 8  

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

10  

11         Section 1.  Section 403.0874, Florida Statutes, is

12  created to read:

13         403.0874  Performance-based Permitting Program.--

14         (1)  SECTION NAME.--This section may be cited as the

15  "Performance-based Permitting Act."

16         (2)  LEGISLATIVE FINDINGS; PUBLIC PURPOSE.--

17         (a)  The Legislature finds and declares that a permit

18  applicant's history of compliance or noncompliance with

19  environmental laws and permit conditions is a factor that

20  should be considered by the department when the department

21  determines whether to issue or reissue a permit to an

22  applicant.

23         (b)  Permit applicants with a history of compliance

24  with the environmental laws and permit conditions should be

25  eligible for longer permits, expedited permit reviews,

26  short-form permit renewals, and other incentives to reward and

27  encourage such applicants.

28         (c)  Permit applicants with a history of noncompliance

29  with the environmental laws and permit conditions should be

30  subject to more stringent requirements and, in some cases,

31  

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 1  such applicants should be denied permits for a period of time

 2  until their good standing can be reestablished.

 3         (d)  It is therefore declared to be the purpose of this

 4  act to provide the department with clear and specific

 5  authority to consider the compliance history of permit

 6  applicants, and in some cases those who control the

 7  applicants, when evaluating whether the applicant has provided

 8  reasonable assurance that the applicant can and will comply

 9  with applicable laws, rules, and permit conditions applicable

10  to the regulated activity.

11         (3)  DEFINITIONS.--As used in this section, the term:

12         (a)  "Applicant" means the proposed permittee or

13  transferee, owner, or operator of a regulated activity seeking

14  an agency permit. If an applicant has not held an agency

15  permit during at least 4 of the 5 years preceding submittal of

16  the permit application, the term also includes any person who

17  has the legal or actual authority to control the proposed

18  permittee, transferee, owner, or operator.

19         (b)  "Agency" or "department" means the Department of

20  Environmental Protection.

21         (c)  "Agency laws" means chapter 161, part IV of

22  chapter 373, and this chapter.

23         (d)  "Environmental laws" means any state or federal

24  law that regulates activities for the purpose of protecting

25  the environment or for the purpose of protecting the public

26  health from pollution or contaminants, but does not include

27  any law that regulates activities only for the purpose of

28  zoning, growth management, or land use.

29         (e)  "Formal enforcement action" means full and final

30  adjudication of a civil action by the agency. The term also

31  applies with respect to a criminal charge filed against the

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 1  applicant, including those officers, directors, trustees,

 2  partners, or employees of the applicant who have legal or

 3  actual operational control over a department-regulated

 4  activity for an environmental offense that the applicant has

 5  been convicted of or pled guilty or nolo contendere to,

 6  regardless of whether adjudication is withheld.

 7         (f)  "Knowing" means awareness of the nature of a

 8  person's acts, not awareness that such acts violate the law.

 9  The term does not include conduct that is the result of an act

10  of God, mechanical failure, events beyond the control of the

11  applicant, an accident, or a mistake of fact. Knowing

12  violations by an applicant include, but are not limited to,

13  violations knowingly committed by those officers, directors,

14  trustees, partners, or employees of the applicant who have

15  legal or actual operational control over department-regulated

16  activity.

17         (g)  "Reasonable assurance" means the existence of a

18  substantial likelihood, although not an absolute guarantee,

19  that the proposed activity and applicant will comply with

20  agency rules, laws, orders, and permit conditions.

21         (h)  "Regulated activity" means any activity,

22  including, but not limited to, the construction or operation

23  of a facility, installation, system, or project for which a

24  permit or certification is required under an agency law.

25         (i)  "Site" means a single parcel, or multiple

26  contiguous or adjacent parcels, of land on which the applicant

27  proposes to conduct, or has conducted, a regulated activity. A

28  site is a new site if the applicant has not held an agency

29  permit for a regulated activity at that location for at least

30  4 of the 5 years preceding submission of an application.

31  

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 1         (4)  COMPLIANCE INCENTIVES.--In order to obtain a

 2  compliance incentive, the applicant must affirmatively request

 3  it as part of the permit application. Unless otherwise

 4  prohibited by state or federal law, agency rule, or federal

 5  regulation, and if the applicant meets all other applicable

 6  criteria for the issuance of a permit, any applicant who meets

 7  the criteria set forth in this subsection is entitled to the

 8  following incentives:

 9         (a)  Tier 1.--

10         1.  An applicant is entitled to incentives pursuant to

11  this paragraph at a site if the applicant conducted the

12  regulated activity for at least 4 of the 5 years preceding

13  submittal of the permit application or, if the activity is a

14  new regulated activity, the applicant conducted a similar

15  regulated activity under an agency permit for at least 4 of

16  the 5 years at a different site in this state preceding

17  submittal of the permit application. However, an applicant is

18  not entitled to incentives under this paragraph if the

19  applicant has a relevant compliance history at the subject

20  site which includes any of the following violations that

21  resulted in formal enforcement action:

22         a.  A knowing violation of any agency law, rule,

23  consent order, final order, or final judgment;

24         b.  An environmental crime; or

25         c.  Two or more knowing violations of the permit

26  occurring on two or more separate occasions, and resulting in

27  two or more formal enforcement actions, in which the violation

28  resulted in significant harm to human health or the

29  environment.

30         2.  Tier 1 incentives may include:

31  

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 1         a.  Automatic renewal of permit. A renewal of an

 2  operation or closure permit shall be issued for a period of 5

 3  years and shall, after notice and an opportunity for public

 4  comment, be automatically renewed for one additional 5-year

 5  term without agency action unless the agency determines, based

 6  on information submitted by the applicant or resulting from

 7  the public comments or its own records, that the applicant has

 8  committed violations or crimes during the relevant review

 9  period which disqualify the applicant from receiving the

10  requested extension.

11         b.  Expedited permit review. The processing time

12  following receipt of a completed application shall be 45 days

13  for the issuance of the agency action.

14         c.  Short-form renewals. Renewals of operation or

15  closure permits not involving substantial construction or

16  expansion may be made upon a shortened application form

17  specifying only the changes in the regulated activity or a

18  certification by the applicant that no changes in the

19  regulated activity are proposed if that is the case.

20  Applicants for short-form renewals must complete and submit

21  the prescribed compliance form with the application and must

22  remain subject to the compliance history review of this

23  section. All other procedural requirements for renewal

24  applications remain unchanged. This provision supplements any

25  expedited review processes found in agency rules.

26         (b)  Tier 2.--An applicant is entitled to incentives

27  pursuant to this paragraph if the applicant meets the

28  requirements for Tier 1 and the applicant takes other actions

29  not otherwise required by law which significantly reduce

30  threats or impacts to the environment or public health. Such

31  actions may include reductions in actual or permitted

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 1  discharges or emissions, reductions in the impacts of

 2  regulated activities on public lands or natural resources,

 3  waste reduction or reuse, implementation of a voluntary

 4  environmental management system, or other similar actions as

 5  determined by department rule. Tier 2 incentives may include

 6  all Tier 1 incentives and may also include:

 7         1.  Ten-year permits, if the applicant has conducted a

 8  regulated activity at the site for at least 5 years.

 9         2.  Fewer routine inspections than other regulated

10  activities similarly situated.

11         3.  Expedited review of requests for permit

12  modifications.

13         4.  Agency recognition, program-specific incentives, or

14  certifications in lieu of renewal permits.

15         5.  Not more than two requests for additional

16  information.

17         (c)  Within 6 months after January 1, 2005, the

18  department shall initiate rulemaking to implement Tier 2

19  incentives. The rule must specify what incentives will be made

20  available, how applicants may qualify for incentives, how

21  extended permits may be transferred and the limitations on

22  transfer, and how incentives may be removed or revoked if the

23  applicant's compliance history changes. Until an implementing

24  rule is adopted, Tier 2 incentives shall not be made available

25  to permit applicants under this act.

26         (5)  CONSEQUENCES OF NONCOMPLIANCE ON AGENCY PERMITTING

27  DECISIONS.--The agency shall consider the applicant's relevant

28  compliance history, as described in this subsection, when

29  determining whether a permit applicant has provided reasonable

30  assurance of future compliance with applicable agency laws,

31  rules, and conditions of the requested permit. This subsection

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 1  is not intended to conflict with any requirement of any

 2  federally delegated or approved program.

 3         (a)  The applicant's relevant compliance history

 4  consists of the applicant's knowing violation of civil and

 5  criminal environmental laws, rules, consent orders, final

 6  orders, or final judgments, with the following limitations:

 7         1.  Each criminal violation must have occurred during

 8  the 5 years preceding submission of the permit application to

 9  the agency.

10         2.  Each knowing civil violation must have resulted in

11  formal enforcement action during the 3 years preceding the

12  submission of the permit application to the agency.

13         3.  If the application is for the renewal of an agency

14  permit, except for a permit for a relocatable facility,

15  source, or activity or a permit at any site other than a new

16  site, the agency shall consider only the applicant's knowing

17  violations at that site and the applicant's environmental

18  felony offenses at any site in the country.

19         4.  If the application is for a new permit at a new

20  site or any permit for a relocatable facility or source, the

21  agency shall consider the applicant's knowing violations at

22  any site conducting the same activity regulated by the

23  department in this state and the applicant's environmental

24  felony offenses at any site in the country.

25         (b)  The agency may consider any full and finally

26  adjudicated civil violations as authorized in this subsection.

27         (c)  If the applicant's relevant compliance history

28  includes knowing civil or criminal violations as specified in

29  paragraph (a), the agency shall consider and weigh the

30  following factors in order to evaluate such violations in the

31  context of the applicant's overall compliance history and to

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 1  determine whether the applicant has provided, on balance,

 2  reasonable assurance of future compliance with agency laws,

 3  rules, and the proposed permit:

 4         1.  The number of knowing violations and the

 5  seriousness of such violations in relation to the industry

 6  norm and history for the activity regulated by the department.

 7         2.  The number of other similar facilities controlled

 8  by the applicant.

 9         3.  The number and complexity of any permits held by

10  the applicant and the statistical potential for violations to

11  occur.

12         4.  Whether the knowing violations involved regulatory

13  programs that are the same as, or similar to, the regulatory

14  program from which the permit is being requested.

15         5.  Whether the knowing violations involved activities

16  that are the same as, similar to, or related to the regulated

17  activity for which a permit is being requested.

18         6.  Whether the knowing violations resulted in harm to

19  human health or the environment and the extent of such harm.

20         7.  Whether the applicant has implemented an approach

21  or remedial measures that are effectively designed to prevent

22  a recurrence of the knowing violations or crimes.

23         8.  Whether the facility for which a permit is being

24  requested provides or proposes to provide utility services to

25  the public or serves a similar public purpose.

26         9.  What effect denying a permit application would have

27  on the applicant and the public at large.

28         (d)  If the applicant's relevant compliance history

29  includes one or more of the knowing violations or offenses

30  described in this paragraph, the agency may determine, subject

31  to the notification requirements in subsection (8), that the

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 1  applicant has not provided reasonable assurance and may deny

 2  the permit application and the applicant is not entitled to

 3  apply for a permit for that regulated activity for a period of

 4  1 year from the time a final order denying the permit has been

 5  entered:

 6         1.  A felony criminal violation of any environmental

 7  law in the United States;

 8         2.  A knowing violation of an agency law, rule, consent

 9  order, final order, or final judgment that would constitute a

10  felony if prosecuted as a crime;

11         3.  A knowing violation of an agency law, rule, consent

12  order, final order, or final judgment that would constitute a

13  misdemeanor if prosecuted as a crime;

14         4.  A violation involving the intentional circumvention

15  of pollution control equipment required by agency rules, laws,

16  orders, or permit conditions;

17         5.  A violation involving the knowing failure to

18  install, maintain, or operate any monitoring device or method

19  required to be maintained by agency rules, laws, orders, or

20  permit conditions;

21         6.  A violation involving the knowing submittal of any

22  false statement, representation, or certification in any

23  application, record, report, plan, or other document filed or

24  required to be maintained by agency rules, laws, orders, or

25  permit conditions; or

26         7.  A violation involving falsifying, tampering with,

27  or knowingly rendering inaccurate any monitoring device or

28  method required to be maintained by agency rules, laws,

29  orders, or permit conditions.

30         (e)  If the applicant's relevant compliance history

31  demonstrates a pattern of noncompliance, the agency may issue

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 1  a permit, not to exceed 1 year in duration, if the applicant

 2  satisfies all other reasonable assurance requirements. A

 3  pattern of noncompliance exists when the applicant is

 4  responsible for two or more environmental crimes, knowing

 5  civil violations, or a combination thereof, occurring on two

 6  or more separate occasions and resulting in two or more formal

 7  enforcement actions in which the violation resulted in a

 8  significant harm to human health or the environment within a

 9  5-year period. Any civil violation specifically identified in

10  the Environmental Litigation Reform Act, as set forth in s.

11  403.121, may not be considered, unless the violation was also

12  a knowing violation.

13         1.  The agency shall include a statement in the formal

14  enforcement action that the agency has determined that the

15  applicant has a pattern of noncompliance and that this

16  determination has formed the basis for issuing subsequent

17  permits for a period not to exceed 1 year. This probationary

18  and limited duration permit shall cease and a standard

19  duration permit issued upon a demonstration that the applicant

20  has implemented an approach, program, or remedial measure that

21  is effectively designed to prevent a recurrence of the

22  noncompliance. The agency shall also include a notification in

23  its notice of intended agency action following a determination

24  of a pattern of noncompliance that the permit could be revoked

25  or an application to renew the permit could be denied if the

26  pattern of noncompliance continues.

27         2.  If, at the time of permit renewal following notice

28  of a determination of a pattern of noncompliance, the agency

29  determines that the applicant committed one or more relevant

30  violations enumerated in this paragraph resulting in a

31  continuing pattern of noncompliance, the agency shall deny the

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 1  permit application, and the applicant is not entitled to apply

 2  for a permit for that regulated activity for a period of 6

 3  months from the time a final order denying the permit has been

 4  entered. This probationary and limited duration permit shall

 5  cease and a standard duration permit issued upon a

 6  demonstration that the applicant has implemented an approach,

 7  program, or remedial measure that is effectively designed to

 8  prevent a recurrence of the noncompliance.

 9         (f)  If the agency denies a permit application in

10  accordance with this subsection for a permit that includes

11  closure, postclosure, or corrective action requirements, the

12  agency may deny that portion of the permit authorizing

13  operation and may issue a permit that contains only the

14  closure, postclosure, or corrective action requirements and

15  conditions.

16         (6)  REPORTING FORM.--The agency shall establish a

17  form, by rule, to be used for the purpose of administering

18  this section. Every permit application subject to this section

19  which is submitted to the agency must be accompanied by this

20  completed form in order to be considered complete. During the

21  permit review process, the information on the form shall be

22  updated by the applicant to reflect any changes until such

23  time as the agency takes final action on the application. The

24  form must include the following:

25         (a)  A section requiring every applicant to report the

26  relevant criminal history of the applicant, including the

27  nature of the offense, the date of the offense, the court

28  having jurisdiction in the case, the date of conviction or

29  other disposition, and the disposition of the offense.

30         (b)  A section requiring every applicant that is a

31  business entity and that has not held an agency permit during

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 1  4 of the 5 years preceding submittal of the permit application

 2  to identify those persons having legal or actual authority to

 3  control the owner, operator, or permittee. The form may

 4  specify categories of persons having such authority and other

 5  relevant information that must be reported. The form may not

 6  require an applicant to report violations or offenses that are

 7  not part of the relevant compliance history specified in

 8  paragraph (4)(a).

 9         (7)  RULEMAKING.--In addition to the rulemaking

10  necessary to adopt the form identified in subsection (6) and

11  to implement the Tier 2 incentives of subsection (4), the

12  agency is authorized, but not required, to adopt any other

13  rules that are necessary to administer this section, including

14  rules providing for appropriate public notice and comment.

15         (8)  NOTIFICATION.--The agency is encouraged to work

16  with permittees and permit applicants prior to taking any of

17  the actions authorized under this section in order to

18  encourage compliance and avoid overly burdensome consequences

19  of noncompliance. In each case in which the agency initiates a

20  formal enforcement action and prior to implementing the

21  sanctions outlined in this section, the agency shall clearly

22  and specifically:

23         (a)  Inform the alleged violator if the provisions of

24  this section have been triggered.

25         (b)  Put the alleged violator on notice of the

26  consequences of the violations and the potential consequences

27  of continuing noncompliance.

28         (9)  EXISTING AUTHORITY.--This section does not limit

29  the agency's existing authority to consider factors other than

30  an applicant's compliance history, such as the technical

31  merits of the proposed project or the applicant's financial

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 1  and human resources, when determining whether the applicant

 2  has provided the reasonable assurance necessary to receive the

 3  requested permit.

 4         (10)  INAPPLICABLE TO GENERAL PERMITS.--This section

 5  does not apply to general permits issued in accordance with s.

 6  403.814. However, the agency may continue to use its existing

 7  authority to consider the compliance history of those wishing

 8  to use general permits.

 9         Section 2.  Subsection (5) of section 403.087, Florida

10  Statutes, is amended to read:

11         403.087  Permits; general issuance; denial; revocation;

12  prohibition; penalty.--

13         (5)  The department shall issue permits to construct,

14  operate, maintain, expand, or modify an installation which may

15  reasonably be expected to be a source of pollution only if the

16  applicant affirmatively provides the department with

17  reasonable assurance that the proposed activity and applicant

18  will comply with department rules, laws, orders, and permit

19  conditions when it determines that the installation is

20  provided or equipped with pollution control facilities that

21  will abate or prevent pollution to the degree that will comply

22  with the standards or rules adopted by the department, except

23  as provided in s. 403.088 or s. 403.0872. The compliance

24  history of the applicant is one factor that the department

25  shall consider in determining whether the applicant has

26  provided such reasonable assurance. However, separate

27  construction permits shall not be required for installations

28  permitted under s. 403.0885, except that the department may

29  require an owner or operator proposing to construct, expand,

30  or modify such an installation to submit for department

31  review, as part of application for permit or permit

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 1  modification, engineering plans, preliminary design reports,

 2  or other information 90 days prior to commencing construction.

 3  The department may also require the engineer of record or

 4  another registered professional engineer, within 30 days after

 5  construction is complete, to certify that the construction was

 6  completed in accordance with the plans submitted to the

 7  department, noting minor deviations which were necessary

 8  because of site-specific conditions.

 9         Section 3.  Subsection (2) of section 403.0872, Florida

10  Statutes, is amended to read:

11         403.0872  Operation permits for major sources of air

12  pollution; annual operation license fee.--Provided that

13  program approval pursuant to 42 U.S.C. s. 7661a has been

14  received from the United States Environmental Protection

15  Agency, beginning January 2, 1995, each major source of air

16  pollution, including electrical power plants certified under

17  s. 403.511, must obtain from the department an operation

18  permit for a major source of air pollution under this section.

19  This operation permit is the only department operation permit

20  for a major source of air pollution required for such source;

21  provided, at the applicant's request, the department shall

22  issue a separate acid rain permit for a major source of air

23  pollution that is an affected source within the meaning of 42

24  U.S.C. s. 7651a(1). Operation permits for major sources of air

25  pollution, except general permits issued pursuant to s.

26  403.814, must be issued in accordance with the procedures

27  contained in this section and in accordance with chapter 120;

28  however, to the extent that chapter 120 is inconsistent with

29  the provisions of this section, the procedures contained in

30  this section prevail.

31  

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 1         (2)  An application for an operation permit for a major

 2  source of air pollution must be submitted in accordance with

 3  rules of the department governing permit applications. The

 4  department shall adopt rules defining the timing, content, and

 5  distribution of an application for a permit under this

 6  section. A permit application processing fee is not required.

 7  The department may issue an operation permit for a major

 8  source of air pollution only if the applicant affirmatively

 9  provides the department with reasonable assurance that the

10  proposed activity and applicant are in compliance with and

11  will continue to comply with department rules, laws, orders,

12  and permit conditions when it has reasonable assurance that

13  the source applies pollution control technology, including

14  fuel or raw material selection, necessary to enable it to

15  comply with the standards or rules adopted by the department

16  or the permit contains an approved compliance plan that

17  provides such reasonable assurance for that source. The

18  compliance history of the applicant is one factor that the

19  department shall consider in determining whether the applicant

20  has provided such reasonable assurance. If two or more major

21  air pollution sources that belong to the same Major Group as

22  described in the Standard Industrial Classification Manual,

23  1987, are operated at a single site, the owner may elect to

24  receive a single operation permit covering all such sources at

25  the site.

26         (a)  An application for a permit under this section is

27  timely and complete if it is submitted in accordance with

28  department rules governing the timing of applications and

29  substantially addresses the information specified in

30  completeness criteria determined by department rule in

31  accordance with applicable regulations of the United States

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 1  Environmental Protection Agency governing the contents of

 2  applications for permits under 42 U.S.C. s. 7661b(d). Unless

 3  the department requests additional information or otherwise

 4  notifies the applicant of incompleteness within 60 days after

 5  receipt of an application, the application is complete.

 6         (b)  Any permitted air pollution source that submits a

 7  timely and complete application for a permit under this

 8  section is entitled to operate in compliance with its existing

 9  air permit pending the conclusion of proceedings associated

10  with its application. Notwithstanding the timing requirements

11  of paragraph (c) and subsection (3), the department may

12  process applications received during the first year of permit

13  processing under this section, in a manner consistent with 42

14  U.S.C. s. 7661b(c).

15         (c)  The department may request additional information

16  necessary to process a permit application subsequent to a

17  determination of completeness in accordance with s.

18  403.0876(1).

19         Section 4.  Paragraph (b) of subsection (2) of section

20  403.088, Florida Statutes, is amended to read:

21         403.088  Water pollution operation permits;

22  conditions.--

23         (2)

24         (b)  The department may issue a permit only if the

25  applicant affirmatively provides the department with

26  reasonable assurance that the proposed activity and applicant

27  will comply with department rules, laws, orders, and permit

28  conditions. The compliance history of the applicant is one

29  factor that the department shall consider in determining

30  whether the applicant has provided such reasonable assurance.

31  If the department finds that the proposed discharge will

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 1  reduce the quality of the receiving waters below the

 2  classification established for them, it shall deny the

 3  application and refuse to issue a permit. If the department

 4  finds that the proposed discharge will not reduce the quality

 5  of the receiving waters below the classification established

 6  for them, it may issue an operation permit if it finds that

 7  such degradation is necessary or desirable under federal

 8  standards and under circumstances which are clearly in the

 9  public interest.

10         Section 5.  Paragraph (b) of subsection (17) of section

11  403.703, Florida Statutes, is amended to read:

12         403.703  Definitions.--As used in this act, unless the

13  context clearly indicates otherwise, the term:

14         (17)  "Construction and demolition debris" means

15  discarded materials generally considered to be not

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

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

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

19  construction or destruction of a structure as part of a

20  construction or demolition project or from the renovation of a

21  structure, and including rocks, soils, tree remains, trees,

22  and other vegetative matter that normally results from land

23  clearing or land development operations for a construction

24  project, including such debris from construction of structures

25  at a site remote from the construction or demolition project

26  site. Mixing of construction and demolition debris with other

27  types of solid waste will cause it to be classified as other

28  than construction and demolition debris. The term also

29  includes:

30         (b)  Except as provided in s. 403.707(11)(j) s.

31  403.707(12)(j), unpainted, nontreated wood scraps from

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    Florida Senate - 2006                                  SB 1906
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 1  facilities manufacturing materials used for construction of

 2  structures or their components and unpainted, nontreated wood

 3  pallets provided the wood scraps and pallets are separated

 4  from other solid waste where generated and the generator of

 5  such wood scraps or pallets implements reasonable practices of

 6  the generating industry to minimize the commingling of wood

 7  scraps or pallets with other solid waste; and

 8         Section 6.  Subsection (8) of section 403.707, Florida

 9  Statutes, is amended, and subsections (9)-(16) are renumbered

10  as subsections (8)-(15), respectively, to read:

11         403.707  Permits.--

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

13  applicant who by past conduct in this state has repeatedly

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

15  or conditions relating to any solid waste management facility

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

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

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

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

20  subsidiary corporation, a partner, a corporate officer or

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

22  stock of the corporation.

23         Section 7.  Subsection (6) is added to section 373.413,

24  Florida Statutes, to read:

25         373.413  Permits for construction or alteration.--

26         (6)  Section 403.0874, the Performance-based Permitting

27  Program, applies to individual and conceptual permits issued

28  under this part.

29         Section 8.  Subsection (5) is added to section 161.041,

30  Florida Statutes, to read:

31         161.041  Permits required.--

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 1         (5)  Section 403.0874, the Performance-based Permitting

 2  Program, applies to all permits issued under this chapter.

 3         Section 9.  This act shall take effect January 1, 2007.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Provides compliance incentives for certain environmental
      permitting activities. Requires the Department of
 8    Environmental Protection to adopt certain rules. Provides
      for consequences for certain noncompliance with certain
 9    permitting decisions. Provides for agency consideration
      of applicant's compliance history for certain purposes.
10    Provides for permit application denials under certain
      circumstances.
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