HB 7133

1	A bill to be entitled
2	An act relating to environmental protection; amending s.
3	403.413, F.S.; clarifying who is liable for dumping under
4	the Florida Litter Law; amending s. 403.4131, F.S.;
5	deleting the provisions relating to Keep Florida
6	Beautiful, Inc.; providing that certain counties are
7	encouraged to develop a regional approach to coordinating
8	litter control and prevention programs; deleting certain
9	requirements for a litter survey; placing the Wildflower
10	Advisory Council under the control of the Department of
11	Agriculture and Consumer Services; revising the duties of
12	the council; amending s. 403.41315, F.S.; conforming
13	provisions to changes made to the Keep Florida Beautiful,
14	Inc., program; amending s. 403.4133, F.S.; placing the
15	Adopt-a-Shore Program within the Department of
16	Environmental Protection; amending s. 320.08058, F.S.;
17	requiring that the proceeds of the fees paid for
18	Wildflower license plates be distributed to the Department
19	of Agriculture and Consumer Services; specifying uses of
20	the proceeds; transferring the balance of such proceeds
21	from Keep Florida Beautiful, Inc., to the Department of
22	Agriculture and Consumer Services; amending s. 403.703,
23	F.S.; reordering definitions in alphabetical order;
24	clarifying certain definitions and deleting definitions
25	that are not used; amending ss. 316.003, 377.709, and
26	487.048, F.S.; conforming cross-references; amending s.
27	403.704, F.S.; deleting certain obsolete provisions
28	relating to the state solid waste management program;
29	amending s. 403.7043, F.S.; deleting certain obsolete and
30	conflicting provisions relating to compost standards;
31	amending s. 403.7045, F.S.; providing that industrial
32	byproducts are not regulated under certain circumstances;
33	conforming a cross-reference; clarifying certain
34	provisions governing dredged material; amending s.
35	403.707, F.S.; clarifying the Department of Environmental
36	Preservation's permit authority; deleting certain obsolete
37	provisions; creating s. 403.7071, F.S.; providing for the
38	management and disposal of storm-generated debris;
39	amending s. 403.708, F.S.; deleting obsolete provisions
40	and clarifying certain provisions governing landfills;
41	amending s. 403.709, F.S.; revising the provisions
42	relating to the distribution of the waste tire fees;
43	amending s. 403.7095, F.S., relating to the solid waste
44	management grant program; conforming a cross-reference;
45	amending s. 403.7125, F.S.; deleting certain definitions
46	that appear elsewhere in law and clarifying certain
47	financial-disclosure provisions with respect to the
48	closure of a landfill; amending s. 403.716, F.S.; deleting
49	certain provisions relating to the training of certain
50	facility operators; amending s. 403.717, F.S.; clarifying
51	the provisions relating to waste tires and the processing
52	of waste tires; transferring, renumbering, and amending s.
53	403.7221, F.S.; increasing the duration of certain
54	research, development, and demonstration permits; amending
55	s. 403.201, F.S.;  conforming a cross-reference; amending
56	s. 403.722, F.S.; clarifying provisions relating to who is
57	required to obtain certain hazardous waste permits;
58	amending s. 403.7226, F.S.; deleting a provision requiring
59	a report that is duplicative of other reports; amending s.
60	403.724, F.S.; clarifying certain financial-responsibility
61	provisions; amending s. 403.7255, F.S.; providing
62	additional requirements regarding the public notification
63	of certain contaminated sites; amending s. 403.726, F.S.;
64	authorizing the Department of Environmental Protection to
65	issue an order to abate certain hazards; amending s.
66	403.7265, F.S.; requiring a local government to provide
67	matching funds for certain grants; providing that matching
68	funds are not required under certain conditions; repealing
69	s. 403.7075, F.S., relating to the submission of certain
70	plans for solid waste management facilities; repealing s.
71	403.756, F.S., relating to an annual used-oil report;
72	repealing ss. 403.78, 403.781, 403.782, 403.783, 403.784,
73	403.7841, 403.7842, 403.785, 403.786, 403.787, 403.7871,
74	403.7872, 403.7873, 403.788, 403.7881, 403.789, 403.7891,
75	403.7892, 403.7893, and 403.7895, F.S., relating to the
76	Statewide Multipurpose Hazardous Waste Facility Siting
77	Act; providing an effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  Subsection (4) of section 403.413, Florida
82	Statutes, is amended to read:
83	403.413  Florida Litter Law.--
84	(4)  DUMPING LITTER PROHIBITED.--Unless otherwise
85	authorized by law or permit, it is unlawful for any person to
86	dump litter in any manner or amount:
87	(a)  In or on any public highway, road, street, alley, or
88	thoroughfare, including any portion of the right-of-way thereof,
89	or any other public lands, except in containers or areas
90	lawfully provided therefor. When any litter is thrown or
91	discarded from a motor vehicle, the operator or owner of the
92	motor vehicle, or both, shall be deemed in violation of this
93	section;
94	(b)  In or on any freshwater lake, river, canal, or stream
95	or tidal or coastal water of the state, including canals. When
96	any litter is thrown or discarded from a boat, the operator or
97	owner of the boat, or both, shall be deemed in violation of this
98	section; or
99	(c)  In or on any private property, unless prior consent of
100	the owner has been given and unless the dumping of such litter
101	by such person will not cause a public nuisance or otherwise be
102	in violation of any other state or local law, rule, or
103	regulation.
104	Section 2.  Section 403.4131, Florida Statutes, is amended
105	to read:
106	403.4131  Litter control; Wildflower Advisory Council "Keep
107	Florida Beautiful, Incorporated"; placement of signs.--
108	(1)  It is the intent of the Legislature that a coordinated
109	effort of interested businesses, environmental and civic
110	organizations, and state and local agencies of government be
111	developed to plan for and assist in implementing solutions to
112	the litter and solid waste problems in this state and that the
113	state provide financial assistance for the establishment of a
114	nonprofit organization with the name of "Keep Florida Beautiful,
115	Incorporated," which shall be registered, incorporated, and
116	operated in compliance with chapter 617. This nonprofit
117	organization shall coordinate the statewide campaign and operate
118	as the grassroots arm of the state's effort and shall serve as
119	an umbrella organization for volunteer-based community programs.
120	The organization shall be dedicated to helping Florida and its
121	local communities solve solid waste problems, to developing and
122	implementing a sustained litter prevention campaign, and to act
123	as a working public-private partnership in helping to implement
124	the state's Solid Waste Management Act. As part of this effort,
125	Keep Florida Beautiful, Incorporated, in cooperation with the
126	Environmental Education Foundation, shall strive to educate
127	citizens, visitors, and businesses about the important
128	relationship between the state's environment and economy. Keep
129	Florida Beautiful, Incorporated, is encouraged to explore and
130	identify economic incentives to improve environmental
131	initiatives in the area of solid waste management. The
132	membership of the board of directors of this nonprofit
133	organization may include representatives of the following
134	organizations: the Florida League of Cities, the Florida
135	Association of Counties, the Governor's Office, the Florida
136	Chapter of the National Solid Waste Management Association, the
137	Florida Recyclers Association, the Center for Marine
138	Conservation, Chapter of the Sierra Club, the Associated
139	Industries of Florida, the Florida Soft Drink Association, the
140	Florida Petroleum Council, the Retail Grocers Association of
141	Florida, the Florida Retail Federation, the Pulp and Paper
142	Association, the Florida Automobile Dealers Association, the
143	Beer Industries of Florida, the Florida Beer Wholesalers
144	Association, and the Distilled Spirits Wholesalers.
145	(2)  As a partner working with government, business, civic,
146	environmental, and other organizations, Keep Florida Beautiful,
147	Incorporated, shall strive to assist the state and its local
148	communities by contracting for the development of a highly
149	visible antilitter campaign that, at a minimum, includes:
150	(a)  Coordinating with the Center for Marine Conservation
151	and the Center for Solid and Hazardous Waste Management to
152	identify components of the marine debris and litter stream and
153	groups that habitually litter.
154	(b)  Designing appropriate advertising to promote the
155	proper management of solid waste, with emphasis on educating
156	groups that habitually litter.
157	(c)  Fostering public awareness and striving to build an
158	environmental ethic in this state through the development of
159	educational programs that result in an understanding and in
160	action on the part of individuals and organizations about the
161	role they must play in preventing litter and protecting
162	Florida's environment.
163	(d)  Developing educational programs and materials that
164	promote the proper management of solid waste, including the
165	proper disposal of litter.
166	(e)  Administering grants provided by the state. Grants
167	authorized under this section shall be subject to normal
168	department audit procedures and review.
169	(1)(3)  The Department of Transportation shall establish an
170	"adopt-a-highway" program to allow local organizations to be
171	identified with specific highway cleanup and highway
172	beautification projects authorized under s. 339.2405 and shall
173	coordinate such efforts with Keep Florida Beautiful, Inc. The
174	department shall report to the Governor and the Legislature on
175	the progress achieved and the savings incurred by the "adopt-a-
176	highway" program. The department shall also monitor and report
177	on compliance with provisions of the adopt-a-highway program to
178	ensure that organizations that participate in the program comply
179	with the goals identified by the department.
180	(2)(4)  The Department of Transportation shall place signs
181	discouraging litter at all off-ramps of the interstate highway
182	system in the state. The department shall place other highway
183	signs as necessary to discourage littering through use of the
184	antilitter program developed by Keep Florida Beautiful,
185	Incorporated.
186	(3)(5)  Each county is encouraged to initiate a litter
187	control and prevention program or to expand upon its existing
188	program. The department shall establish a system of grants for
189	municipalities and counties to implement litter control and
190	prevention programs. In addition to the activities described in
191	subsection (1), such grants shall at a minimum be used for
192	litter cleanup, grassroots educational programs involving litter
193	removal and prevention, and the placement of litter and
194	recycling receptacles. Counties are encouraged to form working
195	public private partnerships as authorized under this section to
196	implement litter control and prevention programs at the
197	community level. The grants authorized pursuant to this section
198	shall be incorporated as part of the recycling and education
199	grants. Counties that have a population under 100,000 75,000 are
200	encouraged to develop a regional approach to administering and
201	coordinating their litter control and prevention programs.
202	(6)  The department may contract with Keep Florida
203	Beautiful, Incorporated, to help carry out the provisions of
204	this section. All contracts authorized under this section are
205	subject to normal department audit procedures and review.
206	(7)  In order to establish continuity for the statewide
207	program, those local governments and community programs
208	receiving grants for litter prevention and control must use the
209	official State of Florida litter control or campaign symbol
210	adopted by Keep Florida Beautiful, Incorporated, for use on
211	various receptacles and program material.
212	(8)  The Legislature establishes a litter reduction goal of
213	50 percent reduction from the period January 1, 1994, to January
214	1, 1997. The method of determination used to measure the
215	reduction in litter is the survey conducted by the Center for
216	Solid and Hazardous Waste Management. The center shall consider
217	existing litter survey methodologies.
218	(9)  The Department of Environmental Protection shall
219	contract with the Center for Solid and Hazardous Waste
220	Management for an ongoing annual litter survey, the first of
221	which is to be conducted by January 1, 1994. The center shall
222	appoint a broad-based work group not to exceed seven members to
223	assist in the development and implementation of the survey.
224	Representatives from the university system, business,
225	government, and the environmental community shall be considered
226	by the center to serve on the work group. Final authority on
227	implementing and conducting the survey rests with the center.
228	The first survey is to be designed to serve as a baseline by
229	measuring the amount of current litter and marine debris, and is
230	to include a methodology for measuring the reduction in the
231	amount of litter and marine debris to determine the progress
232	toward the litter reduction goal established in subsection (8).
233	Annually thereafter, additional surveys are to be conducted and
234	must also include a methodology for measuring the reduction in
235	the amount of litter and for determining progress toward the
236	litter reduction goal established in subsection (8).
237	(4)(10)(a)  There is created within the Department of
238	Agriculture and Consumer Services within Keep Florida Beautiful,
239	Inc., the Wildflower Advisory Council, consisting of a maximum
240	of ten nine members to direct and oversee the expenditure of the
241	Wildflower Account. The Wildflower Advisory Council shall
242	include a representative from the University of Florida
243	Institute of Food and Agricultural Sciences, the Florida
244	Department of Transportation, the Department of Agriculture and
245	Consumer Services, and the Florida Department of Environmental
246	Protection, the Florida League of Cities, and the Florida
247	Association of Counties. Other members of the committee may
248	include representatives from the Florida Federation of Garden
249	Clubs, Inc., Think Beauty Foundation, the Florida Chapter of the
250	American Society of Landscape Architects, Inc., and a
251	representative of the Master Gardener's Program.
252	(b)  The Wildflower Advisory Council shall advise the
253	Department of Agriculture and Consumer Services and develop
254	procedures of operation, research contracts, educational and
255	marketing programs, and wildflower planting grants for Florida
256	native wildflowers, plants, and grasses. The council shall also
257	make recommendations to the department concerning the final
258	determination of what constitutes acceptable species of
259	wildflowers and other plantings supported by these programs.
260	Section 3.  Section 403.41315, Florida Statutes, is amended
261	to read:
262	403.41315  Comprehensive illegal dumping, litter, and
263	marine debris control and prevention.--
264	(1)  The Legislature finds that a comprehensive illegal
265	dumping, litter, and marine debris control and prevention
266	program is necessary to protect the beauty and the environment
267	of Florida. The Legislature also recognizes that a comprehensive
268	illegal dumping, litter, and marine debris control and
269	prevention program will have a positive effect on the state's
270	economy. The Legislature finds that the state's rapid population
271	growth, the ever-increasing mobility of its population, and the
272	large number of tourists contribute to the need for a
273	comprehensive illegal dumping, litter, and marine debris control
274	and prevention program. The Legislature further finds that the
275	program must be coordinated and capable of having statewide
276	identity and grassroots community support.
277	(2)  The comprehensive illegal dumping, litter, and marine
278	debris control and prevention program at a minimum must include
279	the following:
280	(a)  A local statewide public awareness and educational
281	campaign, coordinated by Keep Florida Beautiful, Incorporated,
282	to educate individuals, government, businesses, and other
283	organizations concerning the role they must assume in preventing
284	and controlling litter.
285	(b)  Enforcement provisions authorized under s. 403.413.
286	(c)  Enforcement officers whose responsibilities include
287	grassroots education along with enforcing litter and illegal
288	dumping violations.
289	(d)  Local illegal dumping, litter, and marine debris
290	control and prevention programs operated at the county level
291	with emphasis placed on grassroots educational programs designed
292	to prevent and remove litter and marine debris.
293	(e)  A statewide adopt-a-highway program as authorized
294	under s. 403.4131.
295	(f)  The highway beautification program authorized under s.
296	339.2405.
297	(g)  A statewide Adopt-a-Shore program that includes beach,
298	river, and lake shorelines and emphasizes litter and marine
299	debris cleanup and prevention.
300	(h)  The prohibition of balloon releases as authorized
301	under s. 372.995.
302	(i)  The placement of approved identifiable litter and
303	recycling receptacles.
304	(j)  Other educational programs that are implemented at the
305	grassroots level coordinated through Keep Florida Beautiful,
306	Inc., involving volunteers and community programs that clean up
307	and prevent litter, including Youth Conservation Corps
308	activities.
309	Section 4.  Section 403.4133, Florida Statutes, is amended
310	to read:
311	403.4133  Adopt-a-Shore Program.--
312	(1)  The Legislature finds that litter and illegal dumping
313	present a threat to the state's wildlife, environment, and
314	shorelines. The Legislature further finds that public awareness
315	and education will assist in preventing litter from being
316	illegally deposited along the state's shorelines.
317	(2)  The Adopt-a-Shore Program shall be created within the
318	Department of Environmental Protection nonprofit organization
319	referred to in s. 403.4131(1), named Keep Florida Beautiful,
320	Incorporated. The program shall be designed to educate the
321	state's citizens and visitors about the importance of litter
322	prevention and shall include approaches and techniques to remove
323	litter from the state's shorelines.
324	(3)  For the purposes of this section, the term "shoreline"
325	includes, but is not limited to, beaches, rivershores, and
326	lakeshores.
327	Section 5.  Subsection (28) of section 320.08058, Florida
328	Statutes, is amended to read:
329	320.08058  Specialty license plates.--
330	(28)  FLORIDA WILDFLOWER LICENSE PLATES.--
331	(a)  The department shall develop a Florida Wildflower
332	license plate as provided in this section. The word "Florida"
333	must appear at the top of the plate, and the words "State
334	Wildflower" and "coreopsis" must appear at the bottom of the
335	plate.
336	(b)  The annual use fees shall be distributed to the
337	Department of Agriculture and Consumer Services, to be used for
338	the purposes set forth in Wildflower Account established by Keep
339	Florida Beautiful, Inc., created by s. 403.4131. The proceeds
340	must be used to establish native Florida wildflower research
341	programs, wildflower educational programs, and wildflower grant
342	programs to municipal, county, and community-based groups in
343	this state. A maximum of 10 percent of the proceeds from the
344	sale of such plates may be used for administrative costs.
345	Section 6.  All unexpended proceeds of fees paid for
346	Wildflower license plates which are held by Keep Florida
347	Beautiful, Inc., must be transferred to the Department of
348	Agriculture and Consumer Services promptly after the effective
349	date of this act.
350	Section 7.  Section 403.703, Florida Statutes, is amended
351	to read:
352	(Substantial rewording of section. See
353	s. 403.703, F.S., for present text.)
354	403.703  Definitions.--As used in this part, the term:
355	(1)  "Ash residue" has the same meaning as in the
356	department rule governing solid waste combustors which defines
357	the term.
358	(2)  "Biological waste" means solid waste that causes or
359	has the capability of causing disease or infection and includes,
360	but is not limited to, biomedical waste, diseased or dead
361	animals, and other wastes capable of transmitting pathogens to
362	humans or animals. The term does not include human remains that
363	are disposed of by persons licensed under chapter 497.
364	(3)  "Biomedical waste" means any solid waste or liquid
365	waste that may present a threat of infection to humans. The term
366	includes, but is not limited to, nonliquid human tissue and body
367	parts; laboratory and veterinary waste that contains human-
368	disease-causing agents; discarded disposable sharps; human blood
369	and human blood products and body fluids; and other materials
370	that in the opinion of the Department of Health represent a
371	significant risk of infection to persons outside the generating
372	facility. The term does not include human remains that are
373	disposed of by persons licensed under chapter 497.
374	(4)  "Clean debris" means any solid waste that is virtually
375	inert, that is not a pollution threat to groundwater or surface
376	waters, that is not a fire hazard, and that is likely to retain
377	its physical and chemical structure under expected conditions of
378	disposal or use. The term includes uncontaminated concrete,
379	including embedded pipe or steel, brick, glass, ceramics, and
380	other wastes designated by the department.
381	(5)  "Closure" means the cessation of operation of a solid
382	waste management facility and the act of securing such facility
383	so that it will pose no significant threat to human health or
384	the environment and includes long-term monitoring and
385	maintenance of a facility if required by department rule.
386	(6)  "Construction and demolition debris" means discarded
387	materials generally considered to be not water-soluble and
388	nonhazardous in nature, including, but not limited to, steel,
389	glass, brick, concrete, asphalt roofing material, pipe, gypsum
390	wallboard, and lumber, from the construction or destruction of a
391	structure as part of a construction or demolition project or
392	from the renovation of a structure, and includes rocks, soils,
393	tree remains, trees, and other vegetative matter that normally
394	results from land clearing or land-development operations for a
395	construction project, including such debris from construction of
396	structures at a site remote from the construction or demolition
397	project site. Mixing of construction and demolition debris with
398	other types of solid waste will cause the resulting mixture to
399	be classified as other than construction and demolition debris.
400	The term also includes:
401	(a)  Clean cardboard, paper, plastic, wood, and metal
402	scraps from a construction project.
403	(b)  Except as provided in s. 403.707(9)(j), yard trash and
404	unpainted, nontreated wood scraps from sources other than
405	construction or demolition projects.
406	(c)  Scrap from manufacturing facilities which is the type
407	of material generally used in construction projects and which
408	would meet the definition of construction and demolition debris
409	if it were generated as part of a construction or demolition
410	project. This includes debris from the construction of
411	manufactured homes and scrap shingles, wallboard, siding
412	concrete, and similar materials from industrial or commercial
413	facilities.
414	(d)  De minimis amounts of other nonhazardous wastes that
415	are generated at construction or destruction projects, provided
416	such amounts are consistent with best management practices of
417	the industry.
418	(7)  "County," or any like term, means a political
419	subdivision of the state established pursuant to s. 1, Art. VIII
420	of the State Constitution and, when s. 403.706(19) applies,
421	means a special district or other entity.
422	(8)  "Department" means the Department of Environmental
423	Protection or any successor agency performing a like function.
424	(9)  "Disposal" means the discharge, deposit, injection,
425	dumping, spilling, leaking, or placing of any solid waste or
426	hazardous waste into or upon any land or water so that such
427	solid waste or hazardous waste or any constituent thereof may
428	enter other lands or be emitted into the air or discharged into
429	any waters, including groundwaters, or otherwise enter the
430	environment.
431	(10)  "Generation" means the act or process of producing
432	solid or hazardous waste.
433	(11)  "Guarantor" means any person, other than the owner or
434	operator, who provides evidence of financial responsibility for
435	an owner or operator under this part.
436	(12)  "Hazardous substance" means any substance that is
437	defined as a hazardous substance in the United States
438	Comprehensive Environmental Response, Compensation, and
439	Liability Act of 1980, 94 Stat. 2767.
440	(13)  "Hazardous waste" means solid waste, or a combination
441	of solid wastes, which, because of its quantity, concentration,
442	or physical, chemical, or infectious characteristics, may cause,
443	or significantly contribute to, an increase in mortality or an
444	increase in serious irreversible or incapacitating reversible
445	illness or may pose a substantial present or potential hazard to
446	human health or the environment when improperly transported,
447	disposed of, stored, treated, or otherwise managed. The term
448	does not include human remains that are disposed of by persons
449	licensed under chapter 497.
450	(14)  "Hazardous waste facility" means any building, site,
451	structure, or equipment at or by which hazardous waste is
452	disposed of, stored, or treated.
453	(15)  "Hazardous waste management" means the systematic
454	control of the collection, source separation, storage,
455	transportation, processing, treatment, recovery, recycling, and
456	disposal of hazardous wastes.
457	(16)  "Land disposal" means any placement of hazardous
458	waste in or on the land and includes, but is not limited to,
459	placement in a landfill, surface impoundment, waste pile,
460	injection well, land treatment facility, salt bed formation,
461	salt dome formation, or underground mine or cave, or placement
462	in a concrete vault or bunker intended for disposal purposes.
463	(17)  "Landfill" means any solid waste land disposal area
464	for which a permit, other than a general permit, is required by
465	s. 403.707 and which receives solid waste for disposal in or
466	upon land. The term does not include a landspreading site, an
467	injection well, a surface impoundment, or a facility for the
468	disposal of construction and demolition debris.
469	(18)  "Manifest" means the recordkeeping system used for
470	identifying the concentration, quantity, composition, origin,
471	routing, and destination of hazardous waste during its
472	transportation from the point of generation to the point of
473	disposal, storage, or treatment.
474	(19)  "Materials recovery facility" means a solid waste
475	management facility that provides for the extraction from solid
476	waste of recyclable materials, materials suitable for use as a
477	fuel or soil amendment, or any combination of such materials.
478	(20)  "Municipality," or any like term, means a
479	municipality created pursuant to general or special law
480	authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
481	the State Constitution and, when s. 403.706(19) applies, means a
482	special district or other entity.
483	(21)  "Operation," with respect to any solid waste
484	management facility, means the disposal, storage, or processing
485	of solid waste at and by the facility.
486	(22)  "Person" means any and all persons, natural or
487	artificial, including any individual, firm, or association; any
488	municipal or private corporation organized or existing under the
489	laws of this state or any other state; any county of this state;
490	and any governmental agency of this state or the Federal
491	Government.
492	(23)  "Processing" means any technique designed to change
493	the physical, chemical, or biological character or composition
494	of any solid waste so as to render it safe for transport;
495	amenable to recovery, storage, or recycling; safe for disposal;
496	or reduced in volume or concentration.
497	(24)  "Recovered materials" means metal, paper, glass,
498	plastic, textile, or rubber materials that have known recycling
499	potential, can be feasibly recycled, and have been diverted and
500	source separated or have been removed from the solid waste
501	stream for sale, use, or reuse as raw materials, whether or not
502	the materials require subsequent processing or separation from
503	each other, but the term does not include materials destined for
504	any use that constitutes disposal. Recovered materials as
505	described in this subsection are not solid waste.
506	(25)  "Recovered materials processing facility" means a
507	facility engaged solely in the storage, processing, resale, or
508	reuse of recovered materials. Such a facility is not a solid
509	waste management facility if it meets the conditions of s.
510	403.7045(1)(e).
511	(26)  "Recyclable material" means those materials that are
512	capable of being recycled and that would otherwise be processed
513	or disposed of as solid waste.
514	(27)  "Recycling" means any process by which solid waste,
515	or materials that would otherwise become solid waste, are
516	collected, separated, or processed and reused or returned to use
517	in the form of raw materials or products.
518	(28)  "Resource recovery" means the process of recovering
519	materials or energy from solid waste, excluding those materials
520	or solid waste under the control of the Nuclear Regulatory
521	Commission.
522	(29)  "Resource recovery equipment" means equipment or
523	machinery exclusively and integrally used in the actual process
524	of recovering material or energy resources from solid waste.
525	(30)  "Sludge" includes the accumulated solids, residues,
526	and precipitates generated as a result of waste treatment or
527	processing, including wastewater treatment, water-supply
528	treatment, or operation of an air pollution control facility,
529	and mixed liquids and solids pumped from septic tanks, grease
530	traps, privies, or similar waste disposal appurtenances.
531	(31)  "Solid waste" means sludge unregulated under the
532	federal Clean Water Act or Clean Air Act, sludge from a waste
533	treatment works, water supply treatment plant, or air pollution
534	control facility, or garbage, rubbish, refuse, special waste, or
535	other discarded material, including solid, liquid, semisolid, or
536	contained gaseous material resulting from domestic, industrial,
537	commercial, mining, agricultural, or governmental operations.
538	Recovered materials as defined in subsection (24) are not solid
539	waste.
540	(32)  "Solid waste disposal facility" means any solid waste
541	management facility that is the final resting place for solid
542	waste, including landfills and incineration facilities that
543	produce ash from the process of incinerating municipal solid
544	waste.
545	(33)  "Solid waste management" means the process by which
546	solid waste is collected, transported, stored, separated,
547	processed, or disposed of in any other way according to an
548	orderly, purposeful, and planned program, which includes
549	closure.
550	(34)  "Solid waste management facility" means any solid
551	waste disposal area, volume-reduction plant, transfer station,
552	materials recovery facility, or other facility, the purpose of
553	which is resource recovery or the disposal, recycling,
554	processing, or storage of solid waste. The term does not include
555	recovered materials processing facilities that meet the
556	requirements of s. 403.7046, except the portion of such
557	facilities, if any, which is used for the management of solid
558	waste.
559	(35)  "Source separated" means that the recovered materials
560	are separated from solid waste at the location where the
561	recovered materials and solid waste are generated. The term does
562	not require that various types of recovered materials be
563	separated from each other, and recognizes de minimis solid
564	waste, in accordance with industry standards and practices, may
565	be included in the recovered materials. Materials are not
566	considered source-separated when two or more types of recovered
567	materials are deposited in combination with each other in a
568	commercial collection container located where the materials are
569	generated and when such materials contain more than 10 percent
570	solid waste by volume or weight. For purposes of this
571	subsection, the term "various types of recovered materials"
572	means metals, paper, glass, plastic, textiles, and rubber.
573	(36)  "Special wastes" means solid wastes that can require
574	special handling and management, including, but not limited to,
575	white goods, waste tires, used oil, lead-acid batteries,
576	construction and demolition debris, ash residue, yard trash, and
577	biological wastes.
578	(37)  "Storage" means the containment or holding of a
579	hazardous waste, either on a temporary basis or for a period of
580	years, in such a manner as not to constitute disposal of such
581	hazardous waste.
582	(38)  "Transfer station" means a site the primary purpose
583	of which is to store or hold solid waste for transport to a
584	processing or disposal facility.
585	(39)  "Transport" means the movement of hazardous waste
586	from the point of generation or point of entry into the state to
587	any offsite intermediate points and to the point of offsite
588	ultimate disposal, storage, treatment, or exit from the state.
589	(40)  "Treatment," when used in connection with hazardous
590	waste, means any method, technique, or process, including
591	neutralization, which is designed to change the physical,
592	chemical, or biological character or composition of any
593	hazardous waste so as to neutralize it or render it
594	nonhazardous, safe for transport, amenable to recovery, amenable
595	to storage or disposal, or reduced in volume or concentration.
596	The term includes any activity or processing that is designed to
597	change the physical form or chemical composition of hazardous
598	waste so as to render it nonhazardous.
599	(41)  "Volume reduction plant" includes incinerators,
600	pulverizers, compactors, shredding and baling plants, composting
601	plants, and other plants that accept and process solid waste for
602	recycling or disposal.
603	(42)  "White goods" includes inoperative and discarded
604	refrigerators, ranges, water heaters, freezers, and other
605	similar domestic and commercial large appliances.
606	(43)  "Yard trash" means vegetative matter resulting from
607	landscaping maintenance and land clearing operations and
608	includes associated rocks and soils.
609	Section 8.  Subsection (69) of section 316.003, Florida
610	Statutes, is amended to read:
611	316.003  Definitions.--The following words and phrases,
612	when used in this chapter, shall have the meanings respectively
613	ascribed to them in this section, except where the context
614	otherwise requires:
615	(69)  HAZARDOUS MATERIAL.--Any substance or material which
616	has been determined by the secretary of the United States
617	Department of Transportation to be capable of imposing an
618	unreasonable risk to health, safety, and property. This term
619	includes hazardous waste as defined in s. 403.703(13) s.
620	403.703(21).
621	Section 9.  Paragraph (f) of subsection (2) of section
622	377.709, Florida Statutes, is amended to read:
623	377.709  Funding by electric utilities of local
624	governmental solid waste facilities that generate electricity.--
625	(2)  DEFINITIONS.--As used in this section, the term:
626	(f)  "Solid waste facility" means a facility owned or
627	operated by, or on behalf of, a local government for the purpose
628	of disposing of solid waste, as that term is defined in s.
629	403.703(31) s. 403.703(13), by any process that produces heat
630	and incorporates, as a part of the facility, the means of
631	converting heat to electrical energy in amounts greater than
632	actually required for the operation of the facility.
633	Section 10.  Subsection (1) of section 487.048, Florida
634	Statutes, is amended to read:
635	487.048  Dealer's license; records.--
636	(1)  Each person holding or offering for sale, selling, or
637	distributing restricted-use pesticides shall obtain a dealer's
638	license from the department. Application for the license shall
639	be made on a form prescribed by the department. The license must
640	be obtained before entering into business or transferring
641	ownership of a business. The department may require examination
642	or other proof of competency of individuals to whom licenses are
643	issued or of individuals employed by persons to whom licenses
644	are issued. Demonstration of continued competency may be
645	required for license renewal, as set by rule. The license shall
646	be renewed annually as provided by rule. An annual license fee
647	not exceeding $250 shall be established by rule. However, a user
648	of a restricted-use pesticide may distribute unopened containers
649	of a properly labeled pesticide to another user who is legally
650	entitled to use that restricted-use pesticide without obtaining
651	a pesticide dealer's license. The exclusive purpose of
652	distribution of the restricted-use pesticide is to keep it from
653	becoming a hazardous waste as defined in s. 403.703(13) s.
654	403.703(21).
655	Section 11.  Section 403.704, Florida Statutes, is amended
656	to read:
657	403.704  Powers and duties of the department.--The
658	department shall have responsibility for the implementation and
659	enforcement of the provisions of this act. In addition to other
660	powers and duties, the department shall:
661	(1)  Develop and implement, in consultation with local
662	governments, a state solid waste management program, as defined
663	in s. 403.705, and update the program at least every 3 years. In
664	developing rules to implement the state solid waste management
665	program, the department shall hold public hearings around the
666	state and shall give notice of such public hearings to all local
667	governments and regional planning agencies.
668	(2)  Provide technical assistance to counties,
669	municipalities, and other persons, and cooperate with
670	appropriate federal agencies and private organizations in
671	carrying out the provisions of this act.
672	(3)  Promote the planning and application of recycling and
673	resource recovery systems which preserve and enhance the quality
674	of the air, water, and other natural resources of the state and
675	assist in and encourage, where appropriate, the development of
676	regional solid waste management facilities.
677	(4)  Serve as the official state representative for all
678	purposes of the federal Solid Waste Disposal Act, as amended by
679	Pub. L. No. 91-512, or as subsequently amended.
680	(5)  Use private industry or the State University System
681	through contractual arrangements for implementation of some or
682	all of the requirements of the state solid waste management
683	program and for such other activities as may be considered
684	necessary, desirable, or convenient.
685	(6)  Encourage recycling and resource recovery as a source
686	of energy and materials.
687	(7)  Assist in and encourage, as much as possible, the
688	development within the state of industries and commercial
689	enterprises which are based upon resource recovery, recycling,
690	and reuse of solid waste.
691	(8)  Charge reasonable fees for any services it performs
692	pursuant to this act, provided user fees shall apply uniformly
693	within each municipality or county to all users who are provided
694	with solid waste management services.
695	(9)  Acquire, at its discretion, personal or real property
696	or any interest therein by gift, lease, or purchase for the
697	purpose of providing sites for solid waste management
698	facilities.
699	(10)  Acquire, construct, reconstruct, improve, maintain,
700	equip, furnish, and operate, at its discretion, such solid waste
701	management facilities as are called for by the state solid waste
702	management program.
703	(11)  Receive funds or revenues from the sale of products,
704	materials, fuels, or energy in any form derived from processing
705	of solid waste by state-owned or state-operated facilities,
706	which funds or revenues shall be deposited into the Solid Waste
707	Management Trust Fund.
708	(8)(12)  Determine by rule the facilities, equipment,
709	personnel, and number of monitoring wells to be provided at each
710	Class I solid waste disposal area.
711	(13)  Encourage, but not require, as part of a Class II
712	solid waste disposal area, a potable water supply; an employee
713	shelter; handwashing and toilet facilities; equipment washout
714	facilities; electric service for operations and repairs;
715	equipment shelter for maintenance and storage of parts,
716	equipment, and tools; scales for weighing solid waste received
717	at the disposal area; a trained equipment operator in full-time
718	attendance during operating hours; and communication facilities
719	for use in emergencies. The department may require an attendant
720	at a Class II solid waste disposal area during the hours of
721	operation if the department affirmatively demonstrates that such
722	a requirement is necessary to prevent unlawful fires,
723	unauthorized dumping, or littering of nearby property.
724	(14)  Require a Class II solid waste disposal area to have
725	at least one monitoring well which shall be placed adjacent to
726	the site in the direction of groundwater flow unless otherwise
727	exempted by the department. The department may require
728	additional monitoring wells not farther than 1 mile from the
729	site if it is affirmatively demonstrated by the department that
730	a significant change in the initial quality of the water has
731	occurred in the downstream monitoring well which adversely
732	affects the beneficial uses of the water. These wells may be
733	public or private water supply wells if they are suitable for
734	use in determining background water quality levels.
735	(9)(15)  Adopt rules pursuant to ss. 120.536(1) and 120.54
736	to implement and enforce the provisions of this act, including
737	requirements for the classification, construction, operation,
738	maintenance, and closure of solid waste management facilities
739	and requirements for, and conditions on, solid waste disposal in
740	this state, whether such solid waste is generated within this
741	state or outside this state as long as such requirements and
742	conditions are not based on the out-of-state origin of the waste
743	and are consistent with applicable provisions of law. When
744	classifying solid waste management facilities, the department
745	shall consider the hydrogeology of the site for the facility,
746	the types of wastes to be handled by the facility, and methods
747	used to control the types of waste to be handled by the facility
748	and shall seek to minimize the adverse effects of solid waste
749	management on the environment. Whenever the department adopts
750	any rule stricter or more stringent than one which has been set
751	by the United States Environmental Protection Agency, the
752	procedures set forth in s. 403.804(2) shall be followed. The
753	department shall not, however, adopt hazardous waste rules for
754	solid waste for which special studies were required prior to
755	October 1, 1988, under s. 8002 of the Resource Conservation and
756	Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies
757	are completed by the United States Environmental Protection
758	Agency and the information is available to the department for
759	consideration in adopting its own rule.
760	(10)(16)  Issue or modify permits on such conditions as are
761	necessary to effect the intent and purposes of this act, and may
762	deny or revoke permits.
763	(17)  Conduct research, using the State University System,
764	solid waste professionals from local governments, private
765	enterprise, and other organizations, on alternative,
766	economically feasible, cost-effective, and environmentally safe
767	solid waste management and landfill closure methods which
768	protect the health, safety, and welfare of the public and the
769	environment and which may assist in developing markets and
770	provide economic benefits to local governments, the state, and
771	its citizens, and solicit public participation during the
772	research process. The department shall incorporate such cost-
773	effective landfill closure methods in the appropriate department
774	rule as alternative closure requirements.
775	(11)(18)  Develop and implement or contract for services to
776	develop information on recovered materials markets and
777	strategies for market development and expansion for use of these
778	materials. Additionally, the department shall maintain a
779	directory of recycling businesses operating in the state and
780	shall serve as a coordinator to match recovered materials with
781	markets. Such directory shall be made available to the public
782	and to local governments to assist with their solid waste
783	management activities.
784	(19)  Authorize variances from solid waste closure rules
785	adopted pursuant to this part, provided such variances are
786	applied for and approved in accordance with s. 403.201 and will
787	not result in significant threats to human health or the
788	environment.
789	(12)(20)  Establish accounts and deposit to the Solid Waste
790	Management Trust Fund and control and administer moneys it may
791	withdraw from the fund.
792	(13)(21)  Manage a program of grants, using funds from the
793	Solid Waste Management Trust Fund and funds provided by the
794	Legislature for solid waste management, for programs for
795	recycling, composting, litter control, and special waste
796	management and for programs which provide for the safe and
797	proper management of solid waste.
798	(14)(22)  Budget and receive appropriated funds and accept,
799	receive, and administer grants or other funds or gifts from
800	public or private agencies, including the state and the Federal
801	Government, for the purpose of carrying out the provisions of
802	this act.
803	(15)(23)  Delegate its powers, enter into contracts, or
804	take such other actions as may be necessary to implement this
805	act.
806	(16)(24)  Receive and administer funds appropriated for
807	county hazardous waste management assessments.
808	(17)(25)  Provide technical assistance to local governments
809	and regional agencies to ensure consistency between county
810	hazardous waste management assessments; coordinate the
811	development of such assessments with the assistance of the
812	appropriate regional planning councils; and review and make
813	recommendations to the Legislature relative to the sufficiency
814	of the assessments to meet state hazardous waste management
815	needs.
816	(18)(26)  Increase public education and public awareness of
817	solid and hazardous waste issues by developing and promoting
818	statewide programs of litter control, recycling, volume
819	reduction, and proper methods of solid waste and hazardous waste
820	management.
821	(19)(27)  Assist the hazardous waste storage, treatment, or
822	disposal industry by providing to the industry any data produced
823	on the types and quantities of hazardous waste generated.
824	(20)(28)  Institute a hazardous waste emergency response
825	program which would include emergency telecommunication
826	capabilities and coordination with appropriate agencies.
827	(21)(29)  Promulgate rules necessary to accept delegation
828	of the hazardous waste management program from the Environmental
829	Protection Agency under the Hazardous and Solid Waste Amendments
830	of 1984, Pub. L. No. 98-616.
831	(22)(30)  Adopt rules, if necessary, to address the
832	incineration and disposal of biomedical waste and the management
833	of biological waste within the state, whether such waste is
834	generated within this state or outside this state, as long as
835	such requirements and conditions are not based on the out-of-
836	state origin of the waste and are consistent with applicable
837	provisions of law.
838	Section 12.  Section 403.7043, Florida Statutes, is amended
839	to read:
840	403.7043  Compost standards and applications.--
841	(1)  In order to protect the state's land and water
842	resources, compost produced, utilized, or disposed of by the
843	composting process at solid waste management facilities in the
844	state must meet criteria established by the department.
845	(2)  The department shall Within 6 months after October 1,
846	1988, the department shall initiate rulemaking to establish and
847	maintain rules addressing standards for the production of
848	compost and shall complete and promulgate those rules within 12
849	months after initiating the process of rulemaking, including
850	rules establishing:
851	(a)  Requirements necessary to produce hygienically safe
852	compost products for varying applications.
853	(b)  A classification scheme for compost based on: the
854	types of waste composted, including at least one type containing
855	only yard trash; the maturity of the compost, including at least
856	three degrees of decomposition for fresh, semimature, and
857	mature; and the levels of organic and inorganic constituents in
858	the compost. This scheme shall address:
859	1.  Methods for measurement of the compost maturity.
860	2.  Particle sizes.
861	3.  Moisture content.
862	4.  Average levels of organic and inorganic constituents,
863	including heavy metals, for such classes of compost as the
864	department establishes, and the analytical methods to determine
865	those levels.
866	(3)  Within 6 months after October 1, 1988, the department
867	shall initiate rulemaking to prescribe the allowable uses and
868	application rates of compost and shall complete and promulgate
869	those rules within 12 months after initiating the process of
870	rulemaking, based on the following criteria:
871	(a)  The total quantity of organic and inorganic
872	constituents, including heavy metals, allowed to be applied
873	through the addition of compost to the soil per acre per year.
874	(b)  The allowable uses of compost based on maturity and
875	type of compost.
876	(4)  If compost is produced which does not meet the
877	criteria prescribed by the department for agricultural and other
878	use, the compost must be reprocessed or disposed of in a manner
879	approved by the department, unless a different application is
880	specifically permitted by the department.
881	(5)  The provisions of s. 403.706 shall not prohibit any
882	county or municipality which has in place a memorandum of
883	understanding or other written agreement as of October 1, 1988,
884	from proceeding with plans to build a compost facility.
885	Section 13.  Subsections (1), (2), and (3) of section
886	403.7045, Florida Statutes, are amended to read:
887	403.7045  Application of act and integration with other
888	acts.--
889	(1)  The following wastes or activities shall not be
890	regulated pursuant to this act:
891	(a)  Byproduct material, source material, and special
892	nuclear material, the generation, transportation, disposal,
893	storage, or treatment of which is regulated under chapter 404 or
894	under the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat.
895	923, as amended;
896	(b)  Suspended solids and dissolved materials in domestic
897	sewage effluent or irrigation return flows or other discharges
898	which are point sources subject to permits pursuant to
899	provisions of this chapter or pursuant to s. 402 of the Clean
900	Water Act, Pub. L. No. 95-217;
901	(c)  Emissions to the air from a stationary installation or
902	source regulated under provisions of this chapter or under the
903	Clean Air Act, Pub. L. No. 95-95;
904	(d)  Drilling fluids, produced waters, and other wastes
905	associated with the exploration for, or development and
906	production of, crude oil or natural gas which are regulated
907	under chapter 377; or
908	(e)  Recovered materials or recovered materials processing
909	facilities shall not be regulated pursuant to this act, except
910	as provided in s. 403.7046, if:
911	1.  A majority of the recovered materials at the facility
912	are demonstrated to be sold, used, or reused within 1 year.
913	2.  The recovered materials handled by the facility or the
914	products or byproducts of operations that process recovered
915	materials are not discharged, deposited, injected, dumped,
916	spilled, leaked, or placed into or upon any land or water by the
917	owner or operator of such facility so that such recovered
918	materials, products or byproducts, or any constituent thereof
919	may enter other lands or be emitted into the air or discharged
920	into any waters, including groundwaters, or otherwise enter the
921	environment such that a threat of contamination in excess of
922	applicable department standards and criteria is caused.
923	3.  The recovered materials handled by the facility are not
924	hazardous wastes as defined under s. 403.703, and rules
925	promulgated pursuant thereto.
926	4.  The facility is registered as required in s. 403.7046.
927	(f)  Industrial byproducts, if:
928	1.  A majority of the industrial byproducts are
929	demonstrated to be sold, used, or reused within 1 year.
930	2.  The industrial byproducts are not discharged,
931	deposited, injected, dumped, spilled, leaked, or placed upon any
932	land or water so that such industrial byproducts, or any
933	constituent thereof, may enter other lands or be emitted into
934	the air or discharged into any waters, including groundwaters,
935	or otherwise enter the environment such that a threat of
936	contamination in excess of applicable department standards and
937	criteria or a significant threat to public health is caused.
938	3.  The industrial byproducts are not hazardous wastes as
939	defined under s. 403.703 and rules adopted under this section.
940	(2)  Except as provided in s. 403.704(9) s. 403.704(15),
941	the following wastes shall not be regulated as a hazardous waste
942	pursuant to this act, except when determined by the United
943	States Environmental Protection Agency to be a hazardous waste:
944	(a)  Ashes and scrubber sludges generated from the burning
945	of boiler fuel for generation of electricity or steam.
946	(b)  Agricultural and silvicultural byproduct material and
947	agricultural and silvicultural process waste from normal farming
948	or processing.
949	(c)  Discarded material generated by the mining and
950	beneficiation and chemical or thermal processing of phosphate
951	rock, and precipitates resulting from neutralization of
952	phosphate chemical plant process and nonprocess waters.
953	(3)  The following wastes or activities shall be regulated
954	pursuant to this act in the following manner:
955	(a)  Dredged material that is generated as part of a
956	project permitted under part IV of chapter 373 or chapter 161,
957	or that is authorized to be removed from sovereign submerged
958	lands under chapter 253, Dredge spoil or fill material shall be
959	managed in accordance with the conditions of that permit or
960	authorization unless the dredged material is regulated as
961	hazardous waste pursuant to this part disposed of pursuant to a
962	dredge and fill permit, but whenever hazardous components are
963	disposed of within the dredge or fill material, the dredge and
964	fill permits shall specify the specific hazardous wastes
965	contained and the concentration of each such waste. If the
966	dredged material contains hazardous substances, the department
967	may further then limit or restrict the sale or use of the
968	dredged dredge and fill material and may specify such other
969	conditions relative to this material as are reasonably necessary
970	to protect the public from the potential hazards.
971	(b)  Hazardous wastes that which are contained in
972	artificial recharge waters or other waters intentionally
973	introduced into any underground formation and that which are
974	permitted pursuant to s. 373.106 shall also be handled in
975	compliance with the requirements and standards for disposal,
976	storage, and treatment of hazardous waste under this act.
977	(c)  Solid waste or hazardous waste facilities that which
978	are operated as a part of the normal operation of a power
979	generating facility and which are licensed by certification
980	pursuant to the Florida Electrical Power Plant Siting Act, ss.
981	403.501-403.518, shall undergo such certification subject to the
982	substantive provisions of this act.
983	(d)  Biomedical waste and biological waste shall be
984	disposed of only as authorized by the department. However, any
985	person who unknowingly disposes into a sanitary landfill or
986	waste-to-energy facility any such waste that which has not been
987	properly segregated or separated from other solid wastes by the
988	generating facility is not guilty of a violation under this act.
989	Nothing in This paragraph does not shall be construed to
990	prohibit the department from seeking injunctive relief pursuant
991	to s. 403.131 to prohibit the unauthorized disposal of
992	biomedical waste or biological waste.
993	Section 14.  Section 403.707, Florida Statutes, is amended
994	to read:
995	403.707  Permits.--
996	(1)  A No solid waste management facility may not be
997	operated, maintained, constructed, expanded, modified, or closed
998	without an appropriate and currently valid permit issued by the
999	department. The department may, by rule, exempt specified types
1000	of facilities from the requirement for a permit if it determines
1001	that construction for operation of the facility is not expected
1002	to create any significant threat to the environment or public
1003	health. For purposes of this part, and only when specified by
1004	department rule, a permit may include registrations as well as
1005	other forms of licenses as defined in s. 120.52. Solid waste
1006	construction permits issued under this section may include any
1007	permit conditions necessary to achieve compliance with the
1008	recycling requirements of this act. The department shall pursue
1009	reasonable timeframes for closure and construction requirements,
1010	considering pending federal requirements and implementation
1011	costs to the permittee. The department shall adopt a rule
1012	establishing performance standards for construction and closure
1013	of solid waste management facilities. The standards shall allow
1014	flexibility in design and consideration for site-specific
1015	characteristics.
1016	(2)  Except as provided in s. 403.722(6), no permit under
1017	this section is required for the following, provided that the
1018	activity shall not create a public nuisance or any condition
1019	adversely affecting the environment or public health and shall
1020	not violate other state or local laws, ordinances, rules,
1021	regulations, or orders:
1022	(a)  Disposal by persons of solid waste resulting from
1023	their own activities on their own property, provided such waste
1024	is either ordinary household waste from their residential
1025	property or is rocks, soils, trees, tree remains, and other
1026	vegetative matter that which normally result from land
1027	development operations. Disposal of materials that which could
1028	create a public nuisance or adversely affect the environment or
1029	public health, such as: white goods; automotive materials, such
1030	as batteries and tires; petroleum products; pesticides;
1031	solvents; or hazardous substances, is not covered under this
1032	exemption.
1033	(b)  Storage in containers by persons of solid waste
1034	resulting from their own activities on their property, leased or
1035	rented property, or property subject to a homeowners or
1036	maintenance association for which the person contributes
1037	association assessments, if the solid waste in such containers
1038	is collected at least once a week.
1039	(c)  Disposal by persons of solid waste resulting from
1040	their own activities on their property, provided the
1041	environmental effects of such disposal on groundwater and
1042	surface waters are:
1043	1.  Addressed or authorized by a site certification order
1044	issued under part II or a permit issued by the department
1045	pursuant to this chapter or rules adopted pursuant thereto; or
1046	2.  Addressed or authorized by, or exempted from the
1047	requirement to obtain, a groundwater monitoring plan approved by
1048	the department.
1049	(d)  Disposal by persons of solid waste resulting from
1050	their own activities on their own property, provided that such
1051	disposal occurred prior to October 1, 1988.
1052	(e)  Disposal of solid waste resulting from normal farming
1053	operations as defined by department rule. Polyethylene
1054	agricultural plastic, damaged, nonsalvageable, untreated wood
1055	pallets, and packing material that cannot be feasibly recycled,
1056	which are used in connection with agricultural operations
1057	related to the growing, harvesting, or maintenance of crops, may
1058	be disposed of by open burning, provided that no public nuisance
1059	or any condition adversely affecting the environment or the
1060	public health is created thereby and that state or federal
1061	ambient air quality standards are not violated.
1062	(f)  The use of clean debris as fill material in any area.
1063	However, this paragraph does not exempt any person from
1064	obtaining any other required permits, nor does it affect a
1065	person's responsibility to dispose of clean debris appropriately
1066	if it is not to be used as fill material.
1067	(g)  Compost operations that produce less than 50 cubic
1068	yards of compost per year when the compost produced is used on
1069	the property where the compost operation is located.
1070	(3)  All applicable provisions of ss. 403.087 and 403.088,
1071	relating to permits, apply to the control of solid waste
1072	management facilities.
1073	(4)  When application for a construction permit for a Class
1074	I or Class II solid waste disposal area is made, it is the duty
1075	of the department to provide a copy of the application, within 7
1076	days after filing, to the water management district having
1077	jurisdiction where the area is to be located. The water
1078	management district may prepare an advisory report as to the
1079	impact on water resources. This report shall contain the
1080	district's recommendations as to the disposition of the
1081	application and shall be submitted to the department no later
1082	than 30 days prior to the deadline for final agency action by
1083	the department. However, the failure of the department or the
1084	water management district to comply with the provisions of this
1085	subsection shall not be the basis for the denial, revocation, or
1086	remand of any permit or order issued by the department.
1087	(5)  The department may not issue a construction permit
1088	pursuant to this part for a new solid waste landfill within
1089	3,000 feet of Class I surface waters.
1090	(6)  The department may issue a construction permit
1091	pursuant to this part only to a solid waste management facility
1092	that provides the conditions necessary to control the safe
1093	movement of wastes or waste constituents into surface or ground
1094	waters or the atmosphere and that will be operated, maintained,
1095	and closed by qualified and properly trained personnel. Such
1096	facility must if necessary:
1097	(a)  Use natural or artificial barriers which are capable
1098	of controlling lateral or vertical movement of wastes or waste
1099	constituents into surface or ground waters.
1100	(b)  Have a foundation or base that is capable of providing
1101	support for structures and waste deposits and capable of
1102	preventing foundation or base failure due to settlement,
1103	compression, or uplift.
1104	(c)  Provide for the most economically feasible, cost-
1105	effective, and environmentally safe control of leachate, gas,
1106	stormwater, and disease vectors and prevent the endangerment of
1107	public health and the environment.
1108
1109	Open fires, air-curtain incinerators, or trench burning may not
1110	be used as a means of disposal at a solid waste management
1111	facility, unless permitted by the department under s. 403.087.
1112	(7)  Prior to application for a construction permit, an
1113	applicant shall designate to the department temporary backup
1114	disposal areas or processes for the resource recovery facility.
1115	Failure to designate temporary backup disposal areas or
1116	processes shall result in a denial of the construction permit.
1117	(8)  The department may refuse to issue a permit to an
1118	applicant who by past conduct in this state has repeatedly
1119	violated pertinent statutes, rules, or orders or permit terms or
1120	conditions relating to any solid waste management facility and
1121	who is deemed to be irresponsible as defined by department rule.
1122	For the purposes of this subsection, an applicant includes the
1123	owner or operator of the facility, or if the owner or operator
1124	is a business entity, a parent of a subsidiary corporation, a
1125	partner, a corporate officer or director, or a stockholder
1126	holding more than 50 percent of the stock of the corporation.
1127	(9)  Before or on the same day of filing with the
1128	department of an application for any construction permit for the
1129	incineration of biomedical waste which the department may
1130	require by rule, the applicant shall notify each city and county
1131	within 1 mile of the facility of the filing of the application
1132	and shall publish notice of the filing of the application. The
1133	applicant shall publish a second notice of the filing within 14
1134	days after the date of filing. Each notice shall be published in
1135	a newspaper of general circulation in the county in which the
1136	facility is located or is proposed to be located.
1137	Notwithstanding the provisions of chapter 50, for purposes of
1138	this section, a "newspaper of general circulation" shall be the
1139	newspaper within the county in which the installation or
1140	facility is proposed which has the largest daily circulation in
1141	that county and has its principal office in that county. If the
1142	newspaper with the largest daily circulation has its principal
1143	office outside the county, the notice shall appear in both the
1144	newspaper with the largest daily circulation in that county, and
1145	a newspaper authorized to publish legal notices in that county.
1146	The notice shall contain:
1147	(a)  The name of the applicant and a brief description of
1148	the facility and its location.
1149	(b)  The location of the application file and when it is
1150	available for public inspection.
1151
1152	The notice shall be prepared by the applicant and shall comply
1153	with the following format:
1154
1155	Notice of Application
1156
1157	The Department of Environmental Protection announces receipt of
1158	an application for a permit from (name of applicant) to (brief
1159	description of project). This proposed project will be located
1160	at (location) in (county) (city).
1161
1162	This application is being processed and is available for public
1163	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
1164	Monday through Friday, except legal holidays, at (name and
1165	address of office).
1166
1167	(10)  A permit, which the department may require by rule,
1168	for the incineration of biomedical waste, may not be transferred
1169	by the permittee to any other entity, except in conformity with
1170	the requirements of this subsection.
1171	(a)  Within 30 days after the sale or legal transfer of a
1172	permitted facility, the permittee shall file with the department
1173	an application for transfer of the permits on such form as the
1174	department shall establish by rule. The form must be completed
1175	with the notarized signatures of both the transferring permittee
1176	and the proposed permittee.
1177	(b)  The department shall approve the transfer of a permit
1178	unless it determines that the proposed permittee has not
1179	provided reasonable assurances that the proposed permittee has
1180	the administrative, technical, and financial capability to
1181	properly satisfy the requirements and conditions of the permit,
1182	as determined by department rule. The determination shall be
1183	limited solely to the ability of the proposed permittee to
1184	comply with the conditions of the existing permit, and it shall
1185	not concern the adequacy of the permit conditions. If the
1186	department proposes to deny the transfer, it shall provide both
1187	the transferring permittee and the proposed permittee a written
1188	objection to such transfer together with notice of a right to
1189	request a proceeding on such determination under chapter 120.
1190	(c)  Within 90 days after receiving a properly completed
1191	application for transfer of a permit, the department shall issue
1192	a final determination. The department may toll the time for
1193	making a determination on the transfer by notifying both the
1194	transferring permittee and the proposed permittee that
1195	additional information is required to adequately review the
1196	transfer request. Such notification shall be provided within 30
1197	days after receipt of an application for transfer of the permit,
1198	completed pursuant to paragraph (a). If the department fails to
1199	take action to approve or deny the transfer within 90 days after
1200	receipt of the completed application or within 90 days after
1201	receipt of the last item of timely requested additional
1202	information, the transfer shall be deemed approved.
1203	(d)  The transferring permittee is encouraged to apply for
1204	a permit transfer well in advance of the sale or legal transfer
1205	of a permitted facility. However, the transfer of the permit
1206	shall not be effective prior to the sale or legal transfer of
1207	the facility.
1208	(e)  Until the transfer of the permit is approved by the
1209	department, the transferring permittee and any other person
1210	constructing, operating, or maintaining the permitted facility
1211	shall be liable for compliance with the terms of the permit.
1212	Nothing in this section shall relieve the transferring permittee
1213	of liability for corrective actions that may be required as a
1214	result of any violations occurring prior to the legal transfer
1215	of the permit.
1216	(11)  The department shall review all permit applications
1217	for any designated Class I solid waste disposal facility. As
1218	used in this subsection, the term "designated Class I solid
1219	waste disposal facility" means any facility that is, as of May
1220	12, 1993, a solid waste disposal facility classified as an
1221	active Class I landfill by the department, that is located in
1222	whole or in part within 1,000 feet of the boundary of any
1223	municipality, but that is not located within any county with an
1224	approved charter or consolidated municipal government, is not
1225	located within any municipality, and is not operated by a
1226	municipality. The department shall not permit vertical expansion
1227	or horizontal expansion of any designated Class I solid waste
1228	disposal facility unless the application for such permit was
1229	filed before January 1, 1993, and no solid waste management
1230	facility may be operated which is a vertical expansion or
1231	horizontal expansion of a designated Class I solid waste
1232	disposal facility. As used in this subsection, the term
1233	"vertical expansion" means any activity that will result in an
1234	increase in the height of a designated Class I solid waste
1235	disposal facility above 100 feet National Geodetic Vertical
1236	Datum, except solely for closure, and the term "horizontal
1237	expansion" means any activity that will result in an increase in
1238	the ground area covered by a designated Class I solid waste
1239	disposal facility, or if within 1 mile of a designated Class I
1240	solid waste disposal facility, any new or expanded operation of
1241	any solid waste disposal facility or area, or of incineration of
1242	solid waste, or of storage of solid waste for more than 1 year,
1243	or of composting of solid waste other than yard trash.
1244	(9)(12)  The department shall establish a separate category
1245	for solid waste management facilities which accept only
1246	construction and demolition debris for disposal or recycling.
1247	The department shall establish a reasonable schedule for
1248	existing facilities to comply with this section to avoid undue
1249	hardship to such facilities. However, a permitted solid waste
1250	disposal unit that which receives a significant amount of waste
1251	prior to the compliance deadline established in this schedule
1252	shall not be required to be retrofitted with liners or leachate
1253	control systems. Facilities accepting materials defined in s.
1254	403.703(6)(b) s. 403.703(17)(b) must implement a groundwater
1255	monitoring system adequate to detect contaminants that may
1256	reasonably be expected to result from such disposal prior to the
1257	acceptance of those materials.
1258	(a)  The department shall establish reasonable
1259	construction, operation, monitoring, recordkeeping, financial
1260	assurance, and closure requirements for such facilities. The
1261	department shall take into account the nature of the waste
1262	accepted at various facilities when establishing these
1263	requirements, and may impose less stringent requirements,
1264	including a system of general permits or registration
1265	requirements, for facilities that accept only a segregated waste
1266	stream which is expected to pose a minimal risk to the
1267	environment and public health, such as clean debris. The
1268	Legislature recognizes that incidental amounts of other types of
1269	solid waste are commonly generated at construction or demolition
1270	projects. In any enforcement action taken pursuant to this
1271	section, the department shall consider the difficulty of
1272	removing these incidental amounts from the waste stream.
1273	(b)  The department shall not require liners and leachate
1274	collection systems at individual facilities unless it
1275	demonstrates, based upon the types of waste received, the
1276	methods for controlling types of waste disposed of, the
1277	proximity of groundwater and surface water, and the results of
1278	the hydrogeological and geotechnical investigations, that the
1279	facility is reasonably expected to result in violations of
1280	groundwater standards and criteria otherwise.
1281	(c)  The owner or operator shall provide financial
1282	assurance for closing of the facility in accordance with the
1283	requirements of s. 403.7125. The financial assurance shall cover
1284	the cost of closing the facility and 5 years of long-term care
1285	after closing, unless the department determines, based upon
1286	hydrogeologic conditions, the types of wastes received, or the
1287	groundwater monitoring results, that a different long-term care
1288	period is appropriate. However, unless the owner or operator of
1289	the facility is a local government, the escrow account described
1290	in s. 403.7125(2) s. 403.7125(3) may not be used as a financial
1291	assurance mechanism.
1292	(d)  The department shall establish training requirements
1293	for operators of facilities, and shall work with the State
1294	University System or other providers to assure that adequate
1295	training courses are available. The department shall also assist
1296	the Florida Home Builders Association in establishing a
1297	component of its continuing education program to address proper
1298	handling of construction and demolition debris, including best
1299	management practices for reducing contamination of the
1300	construction and demolition debris waste stream.
1301	(e)  The issuance of a permit under this subsection does
1302	not obviate the need to comply with all applicable zoning and
1303	land use regulations.
1304	(f)  A permit is not required under this section for the
1305	disposal of construction and demolition debris on the property
1306	where it is generated, but such property must be covered,
1307	graded, and vegetated as necessary when disposal is complete.
1308	(g)  It is the policy of the Legislature to encourage
1309	facilities to recycle. The department shall establish criteria
1310	and guidelines that encourage recycling where practical and
1311	provide for the use of recycled materials in a manner that
1312	protects the public health and the environment. Facilities are
1313	authorized to recycle, provided such activities do not conflict
1314	with such criteria and guidelines.
1315	(h)  The department shall ensure that the requirements of
1316	this section are applied and interpreted consistently throughout
1317	the state. In accordance with s. 20.255, the Division of Waste
1318	Management shall direct the district offices and bureaus on
1319	matters relating to the interpretation and applicability of this
1320	section.
1321	(i)  The department shall provide notice of receipt of a
1322	permit application for the initial construction of a
1323	construction and demolition debris disposal facility to the
1324	local governments having jurisdiction where the facility is to
1325	be located.
1326	(j)  The Legislature recognizes that recycling, waste
1327	reduction, and resource recovery are important aspects of an
1328	integrated solid waste management program and as such are
1329	necessary to protect the public health and the environment. If
1330	necessary to promote such an integrated program, the county may
1331	determine, after providing notice and an opportunity for a
1332	hearing prior to December 31, 2006 1996, that some or all of the
1333	wood material described in s. 403.703(6)(b) s. 403.703(17)(b)
1334	shall be excluded from the definition of "construction and
1335	demolition debris" in s. 403.703(6) s. 403.703(17) within the
1336	jurisdiction of such county. The county may make such a
1337	determination only if it finds that, prior to June 1, 2006 1996,
1338	the county has established an adequate method for the use or
1339	recycling of such wood material at an existing or proposed solid
1340	waste management facility that is permitted or authorized by the
1341	department on June 1, 2006 1996. The county shall not be
1342	required to hold a hearing if the county represents that it
1343	previously has held a hearing for such purpose, nor shall the
1344	county be required to hold a hearing if the county represents
1345	that it previously has held a public meeting or hearing that
1346	authorized such method for the use or recycling of trash or
1347	other nonputrescible waste materials and if the county further
1348	represents that such materials include those materials described
1349	in s. 403.703(6)(b) s. 403.703(17)(b). The county shall provide
1350	written notice of its determination to the department by no
1351	later than December 31, 2006 1996; thereafter, the wood
1352	materials described in s. 403.703(6)(b) s. 403.703(17)(b) shall
1353	be excluded from the definition of "construction and demolition
1354	debris" in s. 403.703(6) s. 403.703(17) within the jurisdiction
1355	of such county. The county may withdraw or revoke its
1356	determination at any time by providing written notice to the
1357	department.
1358	(k)  Brazilian pepper and other invasive exotic plant
1359	species as designated by the department resulting from
1360	eradication projects may be processed at permitted construction
1361	and demolition debris recycling facilities or disposed of at
1362	permitted construction and demolition debris disposal facilities
1363	or Class III facilities. The department may adopt rules to
1364	implement this paragraph.
1365	(10)(13)  If the department and a local government
1366	independently require financial assurance for the closure of a
1367	privately owned solid waste management facility, the department
1368	and that local government shall enter into an interagency
1369	agreement that will allow the owner or operator to provide a
1370	single financial mechanism to cover the costs of closure and any
1371	required long-term care. The financial mechanism may provide for
1372	the department and local government to be cobeneficiaries or
1373	copayees, but shall not impose duplicative financial
1374	requirements on the owner or operator. These closure costs must
1375	include at least the minimum required by department rules and
1376	must also include any additional costs required by local
1377	ordinance or regulation.
1378	(11)(14)  Before or on the same day of filing with the
1379	department of an application for a permit to construct or
1380	substantially modify a solid waste management facility, the
1381	applicant shall notify the local government having jurisdiction
1382	over the facility of the filing of the application. The
1383	applicant also shall publish notice of the filing of the
1384	application in a newspaper of general circulation in the area
1385	where the facility will be located. Notice shall be given and
1386	published in accordance with applicable department rules. The
1387	department shall not issue the requested permit until the
1388	applicant has provided the department with proof that the
1389	notices required by this subsection have been given. Issuance of
1390	a permit does not relieve an applicant from compliance with
1391	local zoning or land use ordinances, or with any other law,
1392	rules, or ordinances.
1393	(12)(15)  Construction and demolition debris must be
1394	separated from the solid waste stream and segregated in separate
1395	locations at a solid waste disposal facility or other permitted
1396	site.
1397	(13)(16)  No facility, solely by virtue of the fact that it
1398	uses processed yard trash or clean wood or paper waste as a fuel
1399	source, shall be considered to be a solid waste disposal
1400	facility.
1401	Section 15.  Section 403.7071, Florida Statutes, is created
1402	to read:
1403	403.7071  Management of storm-generated debris.--Solid
1404	waste generated as a result of a storm event that is the subject
1405	of an emergency order issued by the department may be managed as
1406	follows:
1407	(1)  The Department of Environmental Protection may issue
1408	field authorizations for staging areas in those counties
1409	affected by a storm event. Such staging areas may be used for
1410	the temporary storage and management of storm-generated debris,
1411	including the chipping, grinding, or burning of vegetative
1412	debris. Field authorizations may be requested by providing a
1413	notice to the local office of the department containing a
1414	description of the design and operation of the staging area; the
1415	location of the staging area; and the name, address, and
1416	telephone number of the site manager. Field authorizations also
1417	may be issued by the department staff without prior notice.
1418	Written records of all field authorizations shall be created and
1419	maintained by department staff. Field authorizations may include
1420	specific conditions for the operation and closure of the staging
1421	area and shall include a required closure date. A local
1422	government shall avoid locating a staging area in wetlands and
1423	other surface waters to the greatest extent possible, and the
1424	area that is used or affected by a staging area must be fully
1425	restored upon cessation of use of the area.
1426	(2)  Storm-generated vegetative debris managed at a staging
1427	area may be disposed of in a permitted lined or unlined
1428	landfill, a permitted land clearing debris facility, or a
1429	permitted construction and demolition debris disposal facility.
1430	Vegetative debris may also be managed at a permitted waste
1431	processing facility or a registered yard trash processing
1432	facility.
1433	(3)  Construction and demolition debris that is mixed with
1434	other storm-generated debris need not be segregated from other
1435	solid waste prior to disposal in a lined landfill. Construction
1436	and demolition debris that is source-separated or is separated
1437	from other hurricane-generated debris at an authorized staging
1438	area, or at another area specifically authorized by the
1439	department, may be managed at a permitted construction and
1440	demolition debris disposal or recycling facility upon approval
1441	by the department of the methods and operational practices used
1442	to inspect the waste during segregation.
1443	(4)  Unsalvageable refrigerators and freezers containing
1444	solid waste, such as rotting food, which may create a sanitary
1445	nuisance may be disposed of in a permitted lined landfill;
1446	however, chlorofluorocarbons and capacitors must be removed and
1447	recycled to the greatest extent practicable using techniques and
1448	personnel meeting relevant federal requirements.
1449	(5)  Local governments may conduct the burning of storm-
1450	generated yard trash and other vegetative debris in air-curtain
1451	incinerators without prior notice to the department. Demolition
1452	debris may also be burned in air-curtain incinerators if the
1453	material is limited to untreated wood. Within 10 days after
1454	commencing such burning, the local government shall notify the
1455	department in writing describing the general nature of the
1456	materials burned; the location and method of burning; and the
1457	name, address, and telephone number of the representative of the
1458	local government to contact concerning the work. The operator of
1459	the air-curtain incinerator is subject to any requirement to
1460	obtain an open-burning authorization from the Division of
1461	Forestry or any other agency empowered to grant such
1462	authorization.
1463	Section 16.  Section 403.708, Florida Statutes, is amended
1464	to read:
1465	403.708  Prohibition; penalty.--
1466	(1)  No person shall:
1467	(a)  Place or deposit any solid waste in or on the land or
1468	waters located within the state except in a manner approved by
1469	the department and consistent with applicable approved programs
1470	of counties or municipalities. However, nothing in this act
1471	shall be construed to prohibit the disposal of solid waste
1472	without a permit as provided in s. 403.707(2).
1473	(b)  Burn solid waste except in a manner prescribed by the
1474	department and consistent with applicable approved programs of
1475	counties or municipalities.
1476	(c)  Construct, alter, modify, or operate a solid waste
1477	management facility or site without first having obtained from
1478	the department any permit required by s. 403.707.
1479	(2)  No beverage shall be sold or offered for sale within
1480	the state in a beverage container designed and constructed so
1481	that the container is opened by detaching a metal ring or tab.
1482	(3)  For purposes of subsections (2), (9), and (10):
1483	(a)  "Degradable," with respect to any material, means that
1484	such material, after being discarded, is capable of decomposing
1485	to components other than heavy metals or other toxic substances,
1486	after exposure to bacteria, light, or outdoor elements.
1487	(a)(b)  "Beverage" means soda water, carbonated natural or
1488	mineral water, or other nonalcoholic carbonated drinks; soft
1489	drinks, whether or not carbonated; beer, ale, or other malt
1490	drink of whatever alcoholic content; or a mixed wine drink or a
1491	mixed spirit drink.
1492	(b)(c)  "Beverage container" means an airtight container
1493	which at the time of sale contains 1 gallon or less of a
1494	beverage, or the metric equivalent of 1 gallon or less, and
1495	which is composed of metal, plastic, or glass or a combination
1496	thereof.
1497	(4)  The Division of Alcoholic Beverages and Tobacco of the
1498	Department of Business and Professional Regulation may impose a
1499	fine of not more than $100 on any person currently licensed
1500	pursuant to s. 561.14 for each violation of the provisions of
1501	subsection (2). If the violation is of a continuing nature, each
1502	day during which such violation occurs shall constitute a
1503	separate and distinct offense and shall be subject to a separate
1504	fine.
1505	(5)  The Department of Agriculture and Consumer Services
1506	may impose a fine of not more than $100 on any person not
1507	currently licensed pursuant to s. 561.14 for each violation of
1508	the provisions of subsection (2). If the violation is of a
1509	continuing nature, each day during which such violation occurs
1510	shall constitute a separate and distinct offense and shall be
1511	subject to a separate fine.
1512	(6)  Fifty percent of each fine collected pursuant to
1513	subsections (4) and (5) shall be deposited into the Solid Waste
1514	Management Trust Fund. The balance of fines collected pursuant
1515	to subsection (4) shall be deposited into the Alcoholic Beverage
1516	and Tobacco Trust Fund for the use of the division for
1517	inspection and enforcement of the provisions of this section.
1518	The balance of fines collected pursuant to subsection (5) shall
1519	be deposited into the General Inspection Trust Fund for the use
1520	of the Department of Agriculture and Consumer Services for
1521	inspection and enforcement of the provisions of this section.
1522	(7)  The Division of Alcoholic Beverages and Tobacco and
1523	the Department of Agriculture and Consumer Services shall
1524	coordinate their responsibilities under the provisions of this
1525	section to ensure that inspections and enforcement are
1526	accomplished in an efficient, cost-effective manner.
1527	(8)  A person may not distribute, sell, or expose for sale
1528	in this state any plastic bottle or rigid container intended for
1529	single use unless such container has a molded label indicating
1530	the plastic resin used to produce the plastic container. The
1531	label must appear on or near the bottom of the plastic container
1532	product and be clearly visible. This label must consist of a
1533	number placed inside a triangle and letters placed below the
1534	triangle. The triangle must be equilateral and must be formed by
1535	three arrows, and, in the middle of each arrow, there must be a
1536	rounded bend that forms one apex of the triangle. The pointer,
1537	or arrowhead, of each arrow must be at the midpoint of a side of
1538	the triangle, and a short gap must separate each pointer from
1539	the base of the adjacent arrow. The three curved arrows that
1540	form the triangle must depict a clockwise path around the code
1541	number. Plastic bottles of less than 16 ounces, rigid plastic
1542	containers of less than 8 ounces, and plastic casings on lead-
1543	acid storage batteries are not required to be labeled under this
1544	section. The numbers and letters must be as follows:
1545	(a)  For polyethylene terephthalate, the letters "PETE" and
1546	the number 1.
1547	(b)  For high-density polyethylene, the letters "HDPE" and
1548	the number 2.
1549	(c)  For vinyl, the letter "V" and the number 3.
1550	(d)  For low-density polyethylene, the letters "LDPE" and
1551	the number 4.
1552	(e)  For polypropylene, the letters "PP" and the number 5.
1553	(f)  For polystyrene, the letters "PS" and the number 6.
1554	(g)  For any other, the letters "OTHER" and the number 7.
1555	(9)  No person shall distribute, sell, or expose for sale
1556	in this state any product packaged in a container or packing
1557	material manufactured with fully halogenated chlorofluorocarbons
1558	(CFC). Producers of containers or packing material manufactured
1559	with chlorofluorocarbons (CFC) are urged to introduce
1560	alternative packaging materials which are environmentally
1561	compatible.
1562	(10)  The packaging of products manufactured or sold in the
1563	state may not be controlled by governmental rule, regulation, or
1564	ordinance adopted after March 1, 1974, other than as expressly
1565	provided in this act.
1566	(11)  Violations of this part or rules, regulations,
1567	permits, or orders issued thereunder by the department and
1568	violations of approved local programs of counties or
1569	municipalities or rules, regulations, or orders issued
1570	thereunder shall be punishable by a civil penalty as provided in
1571	s. 403.141.
1572	(12)  The department or any county or municipality may also
1573	seek to enjoin the violation of, or enforce compliance with,
1574	this part or any program adopted hereunder as provided in s.
1575	403.131.
1576	(13)  In accordance with the following schedule, no person
1577	who knows or who should know of the nature of such solid waste
1578	shall dispose of such solid waste in landfills:
1579	(a)  Lead-acid batteries, after January 1, 1989. Lead-acid
1580	batteries also may shall not be disposed of in any waste-to-
1581	energy facility after January 1, 1989. To encourage proper
1582	collection and recycling, all persons who sell lead-acid
1583	batteries at retail shall accept used lead-acid batteries as
1584	trade-ins for new lead-acid batteries.
1585	(b)  Used oil, after October 1, 1988.
1586	(c)  Yard trash, after January 1, 1992, except in lined
1587	unlined landfills classified by department rule as Class I
1588	landfills. Yard trash that is source separated from solid waste
1589	may be accepted at a solid waste disposal area where the area
1590	provides and maintains separate yard trash composting
1591	facilities. The department recognizes that incidental amounts of
1592	yard trash may be disposed of in Class I lined landfills. In any
1593	enforcement action taken pursuant to this paragraph, the
1594	department shall consider the difficulty of removing incidental
1595	amounts of yard trash from a mixed solid waste stream.
1596	(d)  White goods, after January 1, 1990.
1597
1598	Prior to the effective dates specified in paragraphs (a)-(d),
1599	the department shall identify and assist in developing
1600	alternative disposal, processing, or recycling options for the
1601	solid wastes identified in paragraphs (a)-(d).
1602	Section 17.  Section 403.709, Florida Statutes, is amended
1603	to read:
1604	403.709  Solid Waste Management Trust Fund; use of waste
1605	tire fees.--There is created the Solid Waste Management Trust
1606	Fund, to be administered by the department.
1607	(1)  From The annual revenues deposited in the trust fund,
1608	unless otherwise specified in the General Appropriations Act,
1609	shall be used for the following purposes:
1610	(a)(1)  Up to 40 percent shall be used for Funding solid
1611	waste activities of the department and other state agencies,
1612	such as providing technical assistance to local governments and
1613	the private sector, performing solid waste regulatory and
1614	enforcement functions, preparing solid waste documents, and
1615	implementing solid waste education programs.
1616	(b)(2)  Up to 4.5 percent shall be used for Funding
1617	research and training programs relating to solid waste
1618	management through the Center for Solid and Hazardous Waste
1619	Management and other organizations which can reasonably
1620	demonstrate the capability to carry out such projects.
1621	(c)(3)  Up to 11 percent shall be used for Funding to
1622	supplement any other funds provided to the Department of
1623	Agriculture and Consumer Services for mosquito control. This
1624	distribution shall be annually transferred to the General
1625	Inspection Trust Fund in the Department of Agriculture and
1626	Consumer Services to be used for mosquito control, especially
1627	control of West Nile Virus.
1628	(d)(4)  Up to 4.5 percent shall be used for Funding to the
1629	Department of Transportation for litter prevention and control
1630	programs coordinated by Keep Florida Beautiful, Inc.
1631	(e)(5)  A minimum of 40 percent shall be used for Funding a
1632	competitive and innovative grant program pursuant to s. 403.7095
1633	for activities relating to recycling and reducing the volume of
1634	municipal solid waste, including waste tires requiring final
1635	disposal.
1636	(2)(6)  The department shall recover to the use of the fund
1637	from the site owner or the person responsible for the
1638	accumulation of tires at the site, jointly and severally, all
1639	sums expended from the fund pursuant to this section to manage
1640	tires at an illegal waste tire site, except that the department
1641	may decline to pursue such recovery if it finds the amount
1642	involved too small or the likelihood of recovery too uncertain.
1643	If a court determines that the owner is unable or unwilling to
1644	comply with the rules adopted pursuant to this section or s.
1645	403.717, the court may authorize the department to take
1646	possession and control of the waste tire site in order to
1647	protect the health, safety, and welfare of the community and the
1648	environment.
1649	(3)(7)  The department may impose a lien on the real
1650	property on which the waste tire site is located and the waste
1651	tires equal to the estimated cost to bring the tire site into
1652	compliance, including attorney's fees and court costs. Any owner
1653	whose property has such a lien imposed may release her or his
1654	property from any lien claimed under this subsection by filing
1655	with the clerk of the circuit court a cash or surety bond,
1656	payable to the department in the amount of the estimated cost of
1657	bringing the tire site into compliance with department rules,
1658	including attorney's fees and court costs, or the value of the
1659	property after the abatement action is complete, whichever is
1660	less. No lien provided by this subsection shall continue for a
1661	period longer than 4 years after the completion of the abatement
1662	action unless within that time an action to enforce the lien is
1663	commenced in a court of competent jurisdiction. The department
1664	may take action to enforce the lien in the same manner used for
1665	construction liens under part I of chapter 713.
1666	(4)(8)  This section does not limit the use of other
1667	remedies available to the department.
1668	Section 18.  Subsection (5) of section 403.7095, Florida
1669	Statutes, is amended to read:
1670	403.7095  Solid waste management grant program.--
1671	(5)  From the funds made available pursuant to s.
1672	403.709(1)(e) s. 403.709(5) for the grant program created by
1673	this section, the following distributions shall be made:
1674	(a)  Up to 15 percent for the program described in
1675	subsection (1);
1676	(b)  Up to 35 percent for the program described in
1677	subsection (3); and
1678	(c)  Up to 50 percent for the program described in
1679	subsection (4).
1680	Section 19.  Section 403.7125, Florida Statutes, is amended
1681	to read:
1682	403.7125  Financial assurance for closure Landfill
1683	management escrow account.--
1684	(1)  As used in this section:
1685	(a)  "Landfill" means any solid waste land disposal area
1686	for which a permit, other than a general permit, is required by
1687	s. 403.707 that receives solid waste for disposal in or upon
1688	land other than a land-spreading site, injection well, or a
1689	surface impoundment.
1690	(b)  "Closure" means the ceasing operation of a landfill
1691	and securing such landfill so that it does not pose a
1692	significant threat to public health or the environment and
1693	includes long-term monitoring and maintenance of a landfill.
1694	(c)  "Owner or operator" means, in addition to the usual
1695	meanings of the term, any owner of record of any interest in
1696	land whereon a landfill is or has been located and any person or
1697	corporation which owns a majority interest in any other
1698	corporation which is the owner or operator of a landfill.
1699	(1)(2)  Every owner or operator of a landfill is jointly
1700	and severally liable for the improper operation and closure of
1701	the landfill, as provided by law. As used in this section, the
1702	term "owner or operator" means any owner of record of any
1703	interest in land wherein a landfill is or has been located and
1704	any person or corporation that owns a majority interest in any
1705	other corporation that is the owner or operator of a landfill.
1706	(2)(3)  The owner or operator of a landfill owned or
1707	operated by a local or state government or the Federal
1708	Government shall establish a fee, or a surcharge on existing
1709	fees or other appropriate revenue-producing mechanism, to ensure
1710	the availability of financial resources for the proper closure
1711	of the landfill. However, the disposal of solid waste by persons
1712	on their own property, as described in s. 403.707(2), is exempt
1713	from the provisions of this section.
1714	(a)  The revenue-producing mechanism must produce revenue
1715	at a rate sufficient to generate funds to meet state and federal
1716	landfill closure requirements.
1717	(b)  The revenue shall be deposited in an interest-bearing
1718	escrow account to be held and administered by the owner or
1719	operator. The owner or operator shall file with the department
1720	an annual audit of the account. The audit shall be conducted by
1721	an independent certified public accountant. Failure to collect
1722	or report such revenue, except as allowed in subsection (3) (4),
1723	is a noncriminal violation punishable by a fine of not more than
1724	$5,000 for each offense. The owner or operator may make
1725	expenditures from the account and its accumulated interest only
1726	for the purpose of landfill closure and, if such expenditures do
1727	not deplete the fund to the detriment of eventual closure, for
1728	planning and construction of resource recovery or landfill
1729	facilities. Any moneys remaining in the account after paying for
1730	proper and complete closure, as determined by the department,
1731	shall, if the owner or operator does not operate a landfill, be
1732	deposited by the owner or operator into the general fund or the
1733	appropriate solid waste fund of the local government of
1734	jurisdiction.
1735	(c)  The revenue generated under this subsection and any
1736	accumulated interest thereon may be applied to the payment of,
1737	or pledged as security for, the payment of revenue bonds issued
1738	in whole or in part for the purpose of complying with state and
1739	federal landfill closure requirements. Such application or
1740	pledge may be made directly in the proceedings authorizing such
1741	bonds or in an agreement with an insurer of bonds to assure such
1742	insurer of additional security therefor.
1743	(d)  The provisions of s. 212.055 that relate to raising of
1744	revenues for landfill closure or long-term maintenance do not
1745	relieve a landfill owner or operator from the obligations of
1746	this section.
1747	(e)  The owner or operator of any landfill that had
1748	established an escrow account in accordance with this section
1749	and the conditions of its permit prior to January 1, 2006, may
1750	continue to use that escrow account to provide financial
1751	assurance for closure of that landfill, even if that landfill is
1752	not owned or operated by a local or state government or the
1753	Federal Government.
1754	(3)(4)  An owner or operator of a landfill owned or
1755	operated by a local or state government or by the Federal
1756	Government may provide financial assurance to establish proof of
1757	financial responsibility with the department in lieu of the
1758	requirements of subsection (2) (3). An owner or operator of any
1759	other landfill, or any other solid waste management facility
1760	designated by department rule, shall provide financial assurance
1761	to the department for the closure of the facility. Such
1762	financial assurance proof may include surety bonds, certificates
1763	of deposit, securities, letters of credit, or other documents
1764	showing that the owner or operator has sufficient financial
1765	resources to cover, at a minimum, the costs of complying with
1766	applicable landfill closure requirements. The owner or operator
1767	shall estimate such costs to the satisfaction of the department.
1768	(4)(5)  This section does not repeal, limit, or abrogate
1769	any other law authorizing local governments to fix, levy, or
1770	charge rates, fees, or charges for the purpose of complying with
1771	state and federal landfill closure requirements.
1772	(5)(6)  The department shall adopt rules to implement this
1773	section.
1774	Section 20.  Section 403.716, Florida Statutes, is amended
1775	to read:
1776	403.716  Training of operators of solid waste management
1777	and other facilities.--
1778	(1)  The department shall establish qualifications for, and
1779	encourage the development of training programs for, operators of
1780	landfills, coordinators of local recycling programs, operators
1781	of waste-to-energy facilities, biomedical waste incinerators,
1782	and mobile soil thermal treatment units or facilities, and
1783	operators of other solid waste management facilities.
1784	(2)  The department shall work with accredited community
1785	colleges, career centers, state universities, and private
1786	institutions in developing educational materials, courses of
1787	study, and other such information to be made available for
1788	persons seeking to be trained as operators of solid waste
1789	management facilities.
1790	(3)  A person may not perform the duties of an operator of
1791	a landfill, or perform the duties of an operator of a waste-to-
1792	energy facility, biomedical waste incinerator, or mobile soil
1793	thermal treatment unit or facility, unless she or he has
1794	completed an operator training course approved by the department
1795	or she or he has qualified as an interim operator in compliance
1796	with requirements established by the department by rule. An
1797	owner of a landfill, waste-to-energy facility, biomedical waste
1798	incinerator, or mobile soil thermal treatment unit or facility
1799	may not employ any person to perform the duties of an operator
1800	unless such person has completed an approved landfill, waste-to-
1801	energy facility, biomedical waste incinerator, or mobile soil
1802	thermal treatment unit or facility operator training course, as
1803	appropriate, or has qualified as an interim operator in
1804	compliance with requirements established by the department by
1805	rule. The department may establish by rule operator training
1806	requirements for other solid waste management facilities and
1807	facility operators.
1808	(4)  The department has authority to adopt minimum
1809	standards and other rules pursuant to ss. 120.536(1) and 120.54
1810	to implement the provisions of this section. The department
1811	shall ensure the safe, healthy, and lawful operation of solid
1812	waste management facilities in this state. The department may
1813	establish by rule various classifications for operators to cover
1814	the need for differing levels of training required to operate
1815	various types of solid waste management facilities due to
1816	different operating requirements at such facilities.
1817	(5)  For purposes of this section, the term "operator"
1818	means any person, including the owner, who is principally
1819	engaged in, and is in charge of, the actual operation,
1820	supervision, and maintenance of a solid waste management
1821	facility and includes the person in charge of a shift or period
1822	of operation during any part of the day.
1823	Section 21.  Section 403.717, Florida Statutes, is amended
1824	to read:
1825	403.717  Waste tire and lead-acid battery requirements.--
1826	(1)  For purposes of this section and ss. 403.718 and
1827	403.7185:
1828	(a)  "Department" means the Department of Environmental
1829	Protection.
1830	(b)  "Motor vehicle" means an automobile, motorcycle,
1831	truck, trailer, semitrailer, truck tractor and semitrailer
1832	combination, or any other vehicle operated in this state, used
1833	to transport persons or property and propelled by power other
1834	than muscular power, but the term does not include traction
1835	engines, road rollers, such vehicles as run only upon a track,
1836	bicycles, mopeds, or farm tractors and trailers.
1837	(c)  "Tire" means a continuous solid or pneumatic rubber
1838	covering encircling the wheel of a motor vehicle.
1839	(d)  "Waste tire" means a tire that has been removed from a
1840	motor vehicle and has not been retreaded or regrooved. "Waste
1841	tire" includes, but is not limited to, used tires and processed
1842	tires. The term does not include solid rubber tires and tires
1843	that are inseparable from the rim.
1844	(e)  "Waste tire collection center" means a site where
1845	waste tires are collected from the public prior to being offered
1846	for recycling and where fewer than 1,500 tires are kept on the
1847	site on any given day.
1848	(f)  "Waste tire processing facility" means a site where
1849	equipment is used to treat waste tires mechanically, chemically,
1850	or thermally so that the resulting material is a marketable
1851	product or is suitable for proper disposal recapture reusable
1852	byproducts from waste tires or to cut, burn, or otherwise alter
1853	waste tires so that they are no longer whole. The term includes
1854	mobile waste tire processing equipment.
1855	(g)  "Waste tire site" means a site at which 1,500 or more
1856	waste tires are accumulated.
1857	(h)  "Lead-acid battery" means a those lead-acid battery
1858	batteries designed for use in motor vehicles, vessels, and
1859	aircraft, and includes such batteries when sold new as a
1860	component part of a motor vehicle, vessel, or aircraft, but not
1861	when sold to recycle components.
1862	(i)  "Indoor" means within a structure that which excludes
1863	rain and public access and would control air flows in the event
1864	of a fire.
1865	(j)  "Processed tire" means a tire that has been treated
1866	mechanically, chemically, or thermally so that the resulting
1867	material is a marketable product or is suitable for proper
1868	disposal.
1869	(k)  "Used tire" means a waste tire which has a minimum
1870	tread depth of 3/32 inch or greater and is suitable for use on a
1871	motor vehicle.
1872	(2)  The owner or operator of any waste tire site shall
1873	provide the department with information concerning the site's
1874	location, size, and the approximate number of waste tires that
1875	are accumulated at the site and shall initiate steps to comply
1876	with subsection (3).
1877	(3)(a)  A person may not maintain a waste tire site unless
1878	such site is:
1879	1.  An integral part of the person's permitted waste tire
1880	processing facility; or
1881	2.  Used for the storage of waste tires prior to processing
1882	and is located at a permitted solid waste management facility.
1883	(b)  It is unlawful for any person to dispose of waste
1884	tires or processed tires in the state except at a permitted
1885	solid waste management facility. Collection or storage of waste
1886	tires at a permitted waste tire processing facility or waste
1887	tire collection center prior to processing or use does not
1888	constitute disposal, provided that the collection and storage
1889	complies with rules established by the department.
1890	(c)  Whole waste tires may not be deposited in a landfill
1891	as a method of ultimate disposal.
1892	(d)  A person may not contract with a waste tire collector
1893	for the transportation, disposal, or processing of waste tires
1894	unless the collector is registered with the department or exempt
1895	from requirements provided under this section. Any person who
1896	contracts with a waste tire collector for the transportation of
1897	more than 25 waste tires per month from a single business
1898	location must maintain records for that location and make them
1899	available for review by the department or by law enforcement
1900	officers, which records must contain the date when the tires
1901	were transported, the quantity of tires, the registration number
1902	of the collector, and the name of the driver.
1903	(4)  The department shall adopt rules to carry out the
1904	provisions of this section and s. 403.718. Such rules shall:
1905	(a)  Provide for the administration or revocation of waste
1906	tire processing facility permits, including mobile processor
1907	permits;
1908	(b)  Provide for the administration or revocation of waste
1909	tire collector registrations, the fees for which may not exceed
1910	$50 per vehicle registered annually;
1911	(c)  Provide for the administration or revocation of waste
1912	tire collection center permits, the fee for which may not exceed
1913	$250 annually;
1914	(d)  Set standards, including financial assurance
1915	standards, for waste tire processing facilities and associated
1916	waste tire sites, waste tire collection centers, waste tire
1917	collectors, and for the storage of waste tires and processed
1918	tires, including storage indoors;
1919	(e)  The department may by rule exempt not-for-hire waste
1920	tire collectors and processing facilities from financial
1921	assurance requirements;
1922	(f)  Authorize the final disposal of waste tires at a
1923	permitted solid waste disposal facility provided the tires have
1924	been cut into sufficiently small parts to assure their proper
1925	disposal; and
1926	(g)  Allow waste tire material which has been cut into
1927	sufficiently small parts to be used as daily cover material for
1928	a landfill.
1929	(5)  A permit is not required for tire storage at:
1930	(a)  A tire retreading business where fewer than 1,500
1931	waste tires are kept on the business premises;
1932	(b)  A business that, in the ordinary course of business,
1933	removes tires from motor vehicles if fewer than 1,500 of these
1934	tires are kept on the business premises; or
1935	(c)  A retail tire-selling business which is serving as a
1936	waste tire collection center if fewer than 1,500 waste tires are
1937	kept on the business premises.
1938	(5)(6)(a)  The department shall encourage the voluntary
1939	establishment of waste tire collection centers at retail tire-
1940	selling businesses, waste tire processing facilities, and solid
1941	waste disposal facilities, to be open to the public for the
1942	deposit of waste tires.
1943	(b)  The department is authorized to establish an
1944	incentives program for individuals to encourage them to return
1945	their waste tires to a waste tire collection center. The
1946	incentives used by the department may involve the use of
1947	discount or prize coupons, prize drawings, promotional
1948	giveaways, or other activities the department determines will
1949	promote collection, reuse, volume reduction, and proper disposal
1950	of waste tires.
1951	(c)  The department may contract with a promotion company
1952	to administer the incentives program.
1953	Section 22.  Section 403.7221, Florida Statutes, is
1954	transferred, renumbered as section 403.70715, Florida Statutes,
1955	and amended to read:
1956	403.70715 403.7221  Research, development, and
1957	demonstration permits.--
1958	(1)  The department may issue a research, development, and
1959	demonstration permit to the owner or operator of any solid waste
1960	management facility, including any hazardous waste management
1961	facility, who proposes to utilize an innovative and experimental
1962	solid waste treatment technology or process for which permit
1963	standards have not been promulgated. Permits shall:
1964	(a)  Provide for construction and operation of the facility
1965	for not longer than 3 years 1 year, renewable no more than 3
1966	times.
1967	(b)  Provide for the receipt and treatment by the facility
1968	of only those types and quantities of solid waste which the
1969	department deems necessary for purposes of determining the
1970	performance capabilities of the technology or process and the
1971	effects of such technology or process on human health and the
1972	environment.
1973	(c)  Include requirements the department deems necessary
1974	which may include monitoring, operation, testing, financial
1975	responsibility, closure, and remedial action.
1976	(2)  The department may apply the criteria set forth in
1977	this section in establishing the conditions of each permit
1978	without separate establishment of rules implementing such
1979	criteria.
1980	(3)  For the purpose of expediting review and issuance of
1981	permits under this section, the department may, consistent with
1982	the protection of human health and the environment, modify or
1983	waive permit application and permit issuance requirements,
1984	except that there shall be no modification or waiver of
1985	regulations regarding financial responsibility or of procedures
1986	established regarding public participation.
1987	(4)  The department may order an immediate termination of
1988	all operations at the facility at any time upon a determination
1989	that termination is necessary to protect human health and the
1990	environment.
1991	Section 23.  Subsection (2) of section 403.201, Florida
1992	Statutes, is amended to read:
1993	403.201  Variances.--
1994	(2)  No variance shall be granted from any provision or
1995	requirement concerning discharges of waste into waters of the
1996	state or hazardous waste management which would result in the
1997	provision or requirement being less stringent than a comparable
1998	federal provision or requirement, except as provided in s.
1999	403.70715 s. 403.7221.
2000	Section 24.  Section 403.722, Florida Statutes, is amended
2001	to read:
2002	403.722  Permits; hazardous waste disposal, storage, and
2003	treatment facilities.--
2004	(1)  Each person who intends to or is required to
2005	construct, modify, operate, or close a hazardous waste disposal,
2006	storage, or treatment facility shall obtain a construction
2007	permit, operation permit, postclosure permit, clean closure plan
2008	approval, or corrective action permit from the department prior
2009	to constructing, modifying, operating, or closing the facility.
2010	By rule, the department may provide for the issuance of a single
2011	permit instead of any two or more hazardous waste facility
2012	permits.
2013	(2)  Any owner or operator of a hazardous waste facility in
2014	operation on the effective date of the department rule listing
2015	and identifying hazardous wastes shall file an application for a
2016	temporary operation permit within 6 months after the effective
2017	date of such rule. The department, upon receipt of a properly
2018	completed application, shall identify any department rules which
2019	are being violated by the facility and shall establish a
2020	compliance schedule. However, if the department determines that
2021	an imminent hazard exists, the department may take any necessary
2022	action pursuant to s. 403.726 to abate the hazard. The
2023	department shall issue a temporary operation permit to such
2024	facility within the time constraints of s. 120.60 upon
2025	submission of a properly completed application which is in
2026	conformance with this subsection. Temporary operation permits
2027	for such facilities shall be issued for up to 3 years only. Upon
2028	termination of the temporary operation permit and upon proper
2029	application by the facility owner or operator, the department
2030	shall issue an operation permit for such existing facilities if
2031	the applicant has corrected all of the deficiencies identified
2032	in the temporary operation permit and is in compliance with all
2033	other rules adopted pursuant to this act.
2034	(3)  Permit Applicants shall provide any information that
2035	which will enable the department to determine that the proposed
2036	construction, modification, operation, or closure, or corrective
2037	action will comply with this act and any applicable rules. In no
2038	instance shall any person construct, modify, operate, or close a
2039	facility or perform corrective actions at a facility in
2040	contravention of the standards, requirements, or criteria for a
2041	hazardous waste facility. Authorizations Permits issued under
2042	this section may include any permit conditions necessary to
2043	achieve compliance with applicable hazardous waste rules and
2044	necessary to protect human health and the environment.
2045	(4)  The department may require, in an a permit
2046	application, submission of information concerning matters
2047	specified in s. 403.721(6) as well as information respecting:
2048	(a)  Estimates of the composition, quantity, and
2049	concentration of any hazardous waste identified or listed under
2050	this act or combinations of any such waste and any other solid
2051	waste, proposed to be disposed of, treated, transported, or
2052	stored and the time, frequency, or rate at which such waste is
2053	proposed to be disposed of, treated, transported, or stored; and
2054	(b)  The site to which such hazardous waste or the products
2055	of treatment of such hazardous waste will be transported and at
2056	which it will be disposed of, treated, or stored.
2057	(5)  An authorization A permit issued pursuant to this
2058	section is not a vested right. The department may revoke or
2059	modify any such authorization permit.
2060	(a)  Authorizations Permits may be revoked for failure of
2061	the holder to comply with the provisions of this act, the terms
2062	of the authorization permit, the standards, requirements, or
2063	criteria adopted pursuant to this act, or an order of the
2064	department; for refusal by the holder to allow lawful
2065	inspection; for submission by the holder of false or inaccurate
2066	information in the permit application; or if necessary to
2067	protect the public health or the environment.
2068	(b)  Authorizations Permits may be modified, upon request
2069	of the holder permittee, if such modification is not in
2070	violation of this act or department rules or if the department
2071	finds the modification necessary to enable the facility to
2072	remain in compliance with this act and department rules.
2073	(c)  An owner or operator of a hazardous waste facility in
2074	existence on the effective date of a department rule changing an
2075	exemption or listing and identifying the hazardous wastes that
2076	which require that facility to be permitted who notifies the
2077	department pursuant to s. 403.72, and who has applied for a
2078	permit pursuant to subsection (2), may continue to operate until
2079	be issued a temporary operation permit. If such owner or
2080	operator intends to or is required to discontinue operation, the
2081	temporary operation permit must include final closure
2082	conditions.
2083	(6)  A hazardous waste facility permit issued pursuant to
2084	this section shall satisfy the permit requirements of s.
2085	403.707(1). The permit exemptions provided in s. 403.707(2)
2086	shall not apply to hazardous waste.
2087	(7)  The department may establish permit application
2088	procedures for hazardous waste facilities, which procedures may
2089	vary based on differences in amounts, types, and concentrations
2090	of hazardous waste and on differences in the size and location
2091	of facilities and which procedures may take into account
2092	permitting procedures of other laws not in conflict with this
2093	act.
2094	(8)  For authorizations permits required by this section,
2095	the department may require that a fee be paid and may establish,
2096	by rule, a fee schedule based on the degree of hazard and the
2097	amount and type of hazardous waste disposed of, stored, or
2098	treated at the facility.
2099	(9)  It shall not be a requirement for the issuance of such
2100	a hazardous waste authorization permit that the facility
2101	complies with an adopted local government comprehensive plan,
2102	local land use ordinances, zoning ordinances or regulations, or
2103	other local ordinances. However, such an authorization a permit
2104	issued by the department shall not override adopted local
2105	government comprehensive plans, local land use ordinances,
2106	zoning ordinances or regulations, or other local ordinances.
2107	(10)  Notwithstanding ss. 120.60(1) and 403.815:
2108	(a)  The time specified by law for permit review shall be
2109	tolled by the request of the department for publication of
2110	notice of proposed agency action to issue a permit for a
2111	hazardous waste treatment, storage, or disposal facility and
2112	shall resume 45 days after receipt by the department of proof of
2113	publication. If, within 45 days after publication of the notice
2114	of the proposed agency action, the department receives written
2115	notice of opposition to the intention of the agency to issue
2116	such permit and receives a request for a hearing, the department
2117	shall provide for a hearing pursuant to ss. 120.569 and 120.57,
2118	if requested by a substantially affected party, or an informal
2119	public meeting, if requested by any other person. The failure to
2120	request a hearing within 45 days after publication of the notice
2121	of the proposed agency action constitutes a waiver of the right
2122	to a hearing under ss. 120.569 and 120.57. The permit review
2123	time period shall continue to be tolled until the completion of
2124	such hearing or meeting and shall resume within 15 days after
2125	conclusion of a public hearing held on the application or within
2126	45 days after the recommended order is submitted to the agency
2127	and the parties, whichever is later.
2128	(b)  Within 60 days after receipt of an application for a
2129	hazardous waste facility permit, the department shall examine
2130	the application, notify the applicant of any apparent errors or
2131	omissions, and request any additional information the department
2132	is permitted by law to require. The failure to correct an error
2133	or omission or to supply additional information shall not be
2134	grounds for denial of the permit unless the department timely
2135	notified the applicant within the 60-day period, except that
2136	this paragraph does not prevent the department from denying an
2137	application if the department does not possess sufficient
2138	information to ensure that the facility is in compliance with
2139	applicable statutes and rules.
2140	(c)  The department shall approve or deny each hazardous
2141	waste facility permit within 135 days after receipt of the
2142	original application or after receipt of the requested
2143	additional information or correction of errors or omissions.
2144	However, the failure of the department to approve or deny within
2145	the 135-day time period does not result in the automatic
2146	approval or denial of the permit and does not prevent the
2147	inclusion of specific permit conditions which are necessary to
2148	ensure compliance with applicable statutes and rules. If the
2149	department fails to approve or deny the permit within the 135-
2150	day period, the applicant may petition for a writ of mandamus to
2151	compel the department to act consistently with applicable
2152	regulatory requirements.
2153	(11)  Hazardous waste facility operation permits shall be
2154	issued for no more than 5 years.
2155	(12)  On the same day of filing with the department of an
2156	application for a permit for the construction modification, or
2157	operation of a hazardous waste facility, the applicant shall
2158	notify each city and county within 1 mile of the facility of the
2159	filing of the application and shall publish notice of the filing
2160	of the application. The applicant shall publish a second notice
2161	of the filing within 14 days after the date of filing. Each
2162	notice shall be published in a newspaper of general circulation
2163	in the county in which the facility is located or is proposed to
2164	be located. Notwithstanding the provisions of chapter 50, for
2165	purposes of this section, a "newspaper of general circulation"
2166	shall be the newspaper within the county in which the
2167	installation or facility is proposed which has the largest daily
2168	circulation in that county and has its principal office in that
2169	county. If the newspaper with the largest daily circulation has
2170	its principal office outside the county, the notice shall appear
2171	in both the newspaper with the largest daily circulation in that
2172	county, and a newspaper authorized to publish legal notices in
2173	that county. The notice shall contain:
2174	(a)  The name of the applicant and a brief description of
2175	the project and its location.
2176	(b)  The location of the application file and when it is
2177	available for public inspection.
2178
2179	The notice shall be prepared by the applicant and shall comply
2180	with the following format:
2181
2182	Notice of Application
2183
2184	The Department of Environmental Protection announces receipt of
2185	an application for a permit from (name of applicant) to (brief
2186	description of project). This proposed project will be located
2187	at (location) in (county) (city).
2188
2189	This application is being processed and is available for public
2190	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
2191	Monday through Friday, except legal holidays, at (name and
2192	address of office).
2193
2194	(13)  A permit for the construction, modification, or
2195	operation of a hazardous waste facility which initially was
2196	issued under authority of this section, may not be transferred
2197	by the permittee to any other entity, except in conformity with
2198	the requirements of this subsection.
2199	(a)  At least 30 days prior to the sale or legal transfer
2200	of a permitted facility, the permittee shall file with the
2201	department an application for transfer of the permits on such
2202	form as the department shall establish by rule. The form must be
2203	completed with the notarized signatures of both the transferring
2204	permittee and the proposed permittee.
2205	(b)  The department shall approve the transfer of a permit
2206	unless it determines that the proposed permittee has not
2207	provided reasonable assurances that the proposed permittee has
2208	the administrative, technical, and financial capability to
2209	properly satisfy the requirements and conditions of the permit,
2210	as determined by department rule. The determination shall be
2211	limited solely to the ability of the proposed permittee to
2212	comply with the conditions of the existing permit, and it shall
2213	not concern the adequacy of the permit conditions. If the
2214	department proposes to deny the transfer, it shall provide both
2215	the transferring permittee and the proposed permittee a written
2216	objection to such transfer together with notice of a right to
2217	request a proceeding on such determination under chapter 120.
2218	(c)  Within 90 days after receiving a properly completed
2219	application for transfer of permit, the department shall issue a
2220	final determination. The department may toll the time for making
2221	a determination on the transfer by notifying both the
2222	transferring permittee and the proposed permittee that
2223	additional information is required to adequately review the
2224	transfer request. Such notification shall be served within 30
2225	days after receipt of an application for transfer of permit,
2226	completed pursuant to paragraph (a). However, the failure of the
2227	department to approve or deny within the 90-day time period does
2228	not result in the automatic approval or denial of the transfer.
2229	If the department fails to approve or deny the transfer within
2230	the 90-day period, the applicant may petition for a writ of
2231	mandamus to compel the department to act consistently with
2232	applicable regulatory requirements.
2233	(d)  The transferring permittee is encouraged to apply for
2234	a permit transfer well in advance of the sale or legal transfer
2235	of a permitted facility. However, the transfer or the permit
2236	shall not be effective prior to the sale or legal transfer of
2237	the facility.
2238	(e)  Until the transfer of the permit is approved by the
2239	department, the transferring permittee and any other person
2240	constructing, operating, or maintaining the permitted facility
2241	shall be liable for compliance with the terms of the permit.
2242	Nothing in this section shall relieve the transferring permittee
2243	of liability for corrective actions that may be required as a
2244	result of any violations occurring prior to the legal transfer
2245	of the permit.
2246	Section 25.  Subsection (2) of section 403.7226, Florida
2247	Statutes, is amended to read:
2248	403.7226  Technical assistance by the department.--The
2249	department shall:
2250	(2)  Identify short-term needs and long-term needs for
2251	hazardous waste management for the state on the basis of the
2252	information gathered through the local hazardous waste
2253	management assessments and other information from state and
2254	federal regulatory agencies and sources. The state needs
2255	assessment must be ongoing and must be updated when new data
2256	concerning waste generation and waste management technologies
2257	become available. The department shall annually send a copy of
2258	this assessment to the Governor and to the Legislature.
2259	Section 26.  Subsection (3) of section 403.724, Florida
2260	Statutes, is amended to read:
2261	403.724  Financial responsibility.--
2262	(3)  The amount of financial responsibility required shall
2263	be approved by the department upon each issuance, renewal, or
2264	modification of a hazardous waste facility authorization permit.
2265	Such factors as inflation rates and changes in operation may be
2266	considered when approving financial responsibility for the
2267	duration of the authorization permit. The Office of Insurance
2268	Regulation of the Department of Financial Services Commission
2269	shall be available to assist the department in making this
2270	determination. In approving or modifying the amount of financial
2271	responsibility, the department shall consider:
2272	(a)  The amount and type of hazardous waste involved;
2273	(b)  The probable damage to human health and the
2274	environment;
2275	(c)  The danger and probable damage to private and public
2276	property near the facility;
2277	(d)  The probable time that the hazardous waste and
2278	facility involved will endanger the public health, safety, and
2279	welfare or the environment; and
2280	(e)  The probable costs of properly closing the facility
2281	and performing corrective action.
2282	Section 27.  Section 403.7255, Florida Statutes, is amended
2283	to read:
2284	403.7255  Placement of signs Department to adopt rules.--
2285	(1)  The department shall adopt rules which establish
2286	requirements and procedures for the placement of Signs must be
2287	placed by the owner or operator at sites which may have been
2288	contaminated by hazardous wastes. Sites shall include any site
2289	in the state which that is listed or proposed for listing on the
2290	Superfund Site List of the United States Environmental
2291	Protection Agency or any site identified by the department as a
2292	suspected or confirmed contaminated site contaminated by
2293	hazardous waste where there is may be a risk of exposure to the
2294	public. The requirements of this section shall not apply to
2295	sites reported under ss. 376.3071 and 376.3072. The department
2296	shall establish requirements and procedures for the placement of
2297	signs, and may do so in rules, permits, orders, or other
2298	authorizations. The authorization rules shall establish the
2299	appropriate size for such signs, which size shall be no smaller
2300	than 2 feet by 2 feet, and shall provide in clearly legible
2301	print appropriate warning language for the waste or other
2302	materials at the site and a telephone number which may be called
2303	for further information.
2304	(2)  Violations of this act are punishable as provided in
2305	s. 403.161(4).
2306	(3)  The provisions of this act are independent of and
2307	cumulative to any other requirements and remedies in this
2308	chapter or chapter 376, or any rules promulgated thereunder.
2309	Section 28.  Subsection (5) of section 403.726, Florida
2310	Statutes, is amended to read:
2311	403.726  Abatement of imminent hazard caused by hazardous
2312	substance.--
2313	(5)  The department may issue a permit or order requiring
2314	prompt abatement of an imminent hazard.
2315	Section 29.  Subsection (8) of section 403.7265, Florida
2316	Statutes, is amended to read:
2317	403.7265  Local hazardous waste collection program.--
2318	(8)  The department has the authority to establish an
2319	additional local project grant program enabling a local
2320	hazardous waste collection center grantee to receive funding for
2321	unique projects that improve the collection and lower the
2322	incidence of improper management of conditionally exempt or
2323	household hazardous waste. Eligible local governments may
2324	receive up to $50,000 in grant funds for these unique and
2325	innovative projects, provided they match 25 percent of the grant
2326	amount. If the department finds that the project has statewide
2327	applicability and immediate benefits to other local hazardous
2328	waste collection programs in the state, matching funds are not
2329	required. This grant will not count toward the $100,000 maximum
2330	grant amount for development of a collection center.
2331	Section 30.  Sections 403.7075, 403.756, 403.78, 403.781,
2332	403.782, 403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
2333	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
2334	403.789, 403.7891, 403.7892, 403.7893, and 403.7895, Florida
2335	Statutes, are repealed.
2336	Section 31.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.