Senate Bill sb1906
CODING: Words stricken are deletions; words underlined are additions.
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,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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.--
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1906
14-1490-06
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.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.