HB 7133

CS

CHAMBER ACTION

1	The State Resources Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to environmental protection; amending s.
8	403.413, F.S.; clarifying who is liable for dumping under
9	the Florida Litter Law; amending s. 403.4131, F.S.;
10	deleting the provisions relating to Keep Florida
11	Beautiful, Inc.; providing that certain counties are
12	encouraged to develop a regional approach to coordinating
13	litter control and prevention programs; deleting certain
14	requirements for a litter survey; placing the Wildflower
15	Advisory Council under the control of the Department of
16	Agriculture and Consumer Services; revising the duties of
17	the council; amending s. 403.41315, F.S.; conforming
18	provisions to changes made to the Keep Florida Beautiful,
19	Inc., program; amending s. 403.4133, F.S.; placing the
20	Adopt-a-Shore Program within the Department of
21	Environmental Protection; amending s. 320.08058, F.S.;
22	requiring that the proceeds of the fees paid for
23	Wildflower license plates be distributed to the Department
24	of Agriculture and Consumer Services; specifying uses of
25	the proceeds; transferring the balance of such proceeds
26	from Keep Florida Beautiful, Inc., to the Department of
27	Agriculture and Consumer Services; amending s. 403.703,
28	F.S.; reordering definitions in alphabetical order;
29	clarifying certain definitions and deleting definitions
30	that are not used; amending ss. 316.003, 377.709, and
31	487.048, F.S.; conforming cross-references; amending s.
32	403.704, F.S.; deleting certain obsolete provisions
33	relating to the state solid waste management program;
34	amending s. 403.7043, F.S.; deleting certain obsolete and
35	conflicting provisions relating to compost standards;
36	amending s. 403.7045, F.S.; providing that industrial
37	byproducts are not regulated under certain circumstances;
38	conforming a cross-reference; clarifying certain
39	provisions governing dredged material; amending s.
40	403.70611, F.S.; exempting certain Class I landfills from
41	certain permit and regulation requirements; amending s.
42	403.707, F.S.; clarifying the Department of Environmental
43	Preservation's permit authority; deleting certain obsolete
44	provisions; creating s. 403.7071, F.S.; providing for the
45	management and disposal of storm-generated debris;
46	amending s. 403.708, F.S.; deleting obsolete provisions
47	and clarifying certain provisions governing landfills;
48	amending s. 403.709, F.S.; revising the provisions
49	relating to the distribution of the waste tire fees;
50	amending s. 403.7095, F.S., relating to the solid waste
51	management grant program; conforming a cross-reference;
52	amending s. 403.7125, F.S.; deleting certain definitions
53	that appear elsewhere in law and clarifying certain
54	financial-disclosure provisions with respect to the
55	closure of a landfill; amending s. 403.716, F.S.; deleting
56	certain provisions relating to the training of certain
57	facility operators; amending s. 403.717, F.S.; clarifying
58	the provisions relating to waste tires and the processing
59	of waste tires; transferring, renumbering, and amending s.
60	403.7221, F.S.; increasing the duration of certain
61	research, development, and demonstration permits; amending
62	s. 403.201, F.S.; conforming a cross-reference; amending
63	s. 403.722, F.S.; clarifying provisions relating to who is
64	required to obtain certain hazardous waste permits;
65	amending s. 403.7226, F.S.; deleting a provision requiring
66	a report that is duplicative of other reports; amending s.
67	403.724, F.S.; clarifying certain financial-responsibility
68	provisions; amending s. 403.7255, F.S.; providing
69	additional requirements regarding the public notification
70	of certain contaminated sites; amending s. 403.726, F.S.;
71	authorizing the Department of Environmental Protection to
72	issue an order to abate certain hazards; amending s.
73	403.7265, F.S.; requiring a local government to provide
74	matching funds for certain grants; providing that matching
75	funds are not required under certain conditions; amending
76	s. 403.885, F.S.; revising grant program eligibility
77	requirements for certain water management and restoration
78	projects; eliminating requirements for certain funding and
79	legislative review of such projects; amending s. 373.1961,
80	F.S.; conforming a cross-reference; repealing s. 403.7075,
81	F.S., relating to the submission of certain plans for
82	solid waste management facilities; repealing s. 403.756,
83	F.S., relating to an annual used-oil report; repealing ss.
84	403.78, 403.781, 403.782, 403.783, 403.784, 403.7841,
85	403.7842, 403.785, 403.786, 403.787, 403.7871, 403.7872,
86	403.7873, 403.788, 403.7881, 403.789, 403.7891, 403.7892,
87	403.7893, and 403.7895, F.S., relating to the Statewide
88	Multipurpose Hazardous Waste Facility Siting Act;
89	requiring the Department of Environmental Protection to
90	conduct a study of the sources of nitrogen input into the
91	Wekiva River and associated springs; requiring the
92	Department of Health to contract for an independent study
93	of the sources of nitrogen input from onsite sewage
94	treatment and disposal systems into the Wekiva River and
95	associated springs; requiring reports on such studies;
96	providing report requirements; suspending certain
97	department rulemaking until study completion; requiring
98	the Department of Environmental Protection and the
99	Department of Health to submit copies of the reports to
100	the Legislature by a certain date; requiring the
101	Department of Health to develop rules for a model proposal
102	for the operation and maintenance of onsite sewage
103	treatment and disposal systems in certain areas;
104	specifying a rule criterion; providing appropriations;
105	providing an effective date.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  Subsection (4) of section 403.413, Florida
110	Statutes, is amended to read:
111	403.413  Florida Litter Law.--
112	(4)  DUMPING LITTER PROHIBITED.--Unless otherwise
113	authorized by law or permit, it is unlawful for any person to
114	dump litter in any manner or amount:
115	(a)  In or on any public highway, road, street, alley, or
116	thoroughfare, including any portion of the right-of-way thereof,
117	or any other public lands, except in containers or areas
118	lawfully provided therefor. When any litter is thrown or
119	discarded from a motor vehicle, the operator or owner of the
120	motor vehicle, or both, shall be deemed in violation of this
121	section;
122	(b)  In or on any freshwater lake, river, canal, or stream
123	or tidal or coastal water of the state, including canals. When
124	any litter is thrown or discarded from a boat, the operator or
125	owner of the boat, or both, shall be deemed in violation of this
126	section; or
127	(c)  In or on any private property, unless prior consent of
128	the owner has been given and unless the dumping of such litter
129	by such person will not cause a public nuisance or otherwise be
130	in violation of any other state or local law, rule, or
131	regulation.
132	Section 2.  Section 403.4131, Florida Statutes, is amended
133	to read:
134	403.4131  Litter control; Wildflower Advisory Council "Keep
135	Florida Beautiful, Incorporated"; placement of signs.--
136	(1)  It is the intent of the Legislature that a coordinated
137	effort of interested businesses, environmental and civic
138	organizations, and state and local agencies of government be
139	developed to plan for and assist in implementing solutions to
140	the litter and solid waste problems in this state and that the
141	state provide financial assistance for the establishment of a
142	nonprofit organization with the name of "Keep Florida Beautiful,
143	Incorporated," which shall be registered, incorporated, and
144	operated in compliance with chapter 617. This nonprofit
145	organization shall coordinate the statewide campaign and operate
146	as the grassroots arm of the state's effort and shall serve as
147	an umbrella organization for volunteer-based community programs.
148	The organization shall be dedicated to helping Florida and its
149	local communities solve solid waste problems, to developing and
150	implementing a sustained litter prevention campaign, and to act
151	as a working public-private partnership in helping to implement
152	the state's Solid Waste Management Act. As part of this effort,
153	Keep Florida Beautiful, Incorporated, in cooperation with the
154	Environmental Education Foundation, shall strive to educate
155	citizens, visitors, and businesses about the important
156	relationship between the state's environment and economy. Keep
157	Florida Beautiful, Incorporated, is encouraged to explore and
158	identify economic incentives to improve environmental
159	initiatives in the area of solid waste management. The
160	membership of the board of directors of this nonprofit
161	organization may include representatives of the following
162	organizations: the Florida League of Cities, the Florida
163	Association of Counties, the Governor's Office, the Florida
164	Chapter of the National Solid Waste Management Association, the
165	Florida Recyclers Association, the Center for Marine
166	Conservation, Chapter of the Sierra Club, the Associated
167	Industries of Florida, the Florida Soft Drink Association, the
168	Florida Petroleum Council, the Retail Grocers Association of
169	Florida, the Florida Retail Federation, the Pulp and Paper
170	Association, the Florida Automobile Dealers Association, the
171	Beer Industries of Florida, the Florida Beer Wholesalers
172	Association, and the Distilled Spirits Wholesalers.
173	(2)  As a partner working with government, business, civic,
174	environmental, and other organizations, Keep Florida Beautiful,
175	Incorporated, shall strive to assist the state and its local
176	communities by contracting for the development of a highly
177	visible antilitter campaign that, at a minimum, includes:
178	(a)  Coordinating with the Center for Marine Conservation
179	and the Center for Solid and Hazardous Waste Management to
180	identify components of the marine debris and litter stream and
181	groups that habitually litter.
182	(b)  Designing appropriate advertising to promote the
183	proper management of solid waste, with emphasis on educating
184	groups that habitually litter.
185	(c)  Fostering public awareness and striving to build an
186	environmental ethic in this state through the development of
187	educational programs that result in an understanding and in
188	action on the part of individuals and organizations about the
189	role they must play in preventing litter and protecting
190	Florida's environment.
191	(d)  Developing educational programs and materials that
192	promote the proper management of solid waste, including the
193	proper disposal of litter.
194	(e)  Administering grants provided by the state. Grants
195	authorized under this section shall be subject to normal
196	department audit procedures and review.
197	(1)(3)  The Department of Transportation shall establish an
198	"adopt-a-highway" program to allow local organizations to be
199	identified with specific highway cleanup and highway
200	beautification projects authorized under s. 339.2405 and shall
201	coordinate such efforts with Keep Florida Beautiful, Inc. The
202	department shall report to the Governor and the Legislature on
203	the progress achieved and the savings incurred by the "adopt-a-
204	highway" program. The department shall also monitor and report
205	on compliance with provisions of the adopt-a-highway program to
206	ensure that organizations that participate in the program comply
207	with the goals identified by the department.
208	(2)(4)  The Department of Transportation shall place signs
209	discouraging litter at all off-ramps of the interstate highway
210	system in the state. The department shall place other highway
211	signs as necessary to discourage littering through use of the
212	antilitter program developed by Keep Florida Beautiful,
213	Incorporated.
214	(3)(5)  Each county is encouraged to initiate a litter
215	control and prevention program or to expand upon its existing
216	program. The department shall establish a system of grants for
217	municipalities and counties to implement litter control and
218	prevention programs. In addition to the activities described in
219	subsection (1), such grants shall at a minimum be used for
220	litter cleanup, grassroots educational programs involving litter
221	removal and prevention, and the placement of litter and
222	recycling receptacles. Counties are encouraged to form working
223	public private partnerships as authorized under this section to
224	implement litter control and prevention programs at the
225	community level. The grants authorized pursuant to this section
226	shall be incorporated as part of the recycling and education
227	grants. Counties that have a population under 100,000 75,000 are
228	encouraged to develop a regional approach to administering and
229	coordinating their litter control and prevention programs.
230	(6)  The department may contract with Keep Florida
231	Beautiful, Incorporated, to help carry out the provisions of
232	this section. All contracts authorized under this section are
233	subject to normal department audit procedures and review.
234	(7)  In order to establish continuity for the statewide
235	program, those local governments and community programs
236	receiving grants for litter prevention and control must use the
237	official State of Florida litter control or campaign symbol
238	adopted by Keep Florida Beautiful, Incorporated, for use on
239	various receptacles and program material.
240	(8)  The Legislature establishes a litter reduction goal of
241	50 percent reduction from the period January 1, 1994, to January
242	1, 1997. The method of determination used to measure the
243	reduction in litter is the survey conducted by the Center for
244	Solid and Hazardous Waste Management. The center shall consider
245	existing litter survey methodologies.
246	(9)  The Department of Environmental Protection shall
247	contract with the Center for Solid and Hazardous Waste
248	Management for an ongoing annual litter survey, the first of
249	which is to be conducted by January 1, 1994. The center shall
250	appoint a broad-based work group not to exceed seven members to
251	assist in the development and implementation of the survey.
252	Representatives from the university system, business,
253	government, and the environmental community shall be considered
254	by the center to serve on the work group. Final authority on
255	implementing and conducting the survey rests with the center.
256	The first survey is to be designed to serve as a baseline by
257	measuring the amount of current litter and marine debris, and is
258	to include a methodology for measuring the reduction in the
259	amount of litter and marine debris to determine the progress
260	toward the litter reduction goal established in subsection (8).
261	Annually thereafter, additional surveys are to be conducted and
262	must also include a methodology for measuring the reduction in
263	the amount of litter and for determining progress toward the
264	litter reduction goal established in subsection (8).
265	(4)(10)(a)  There is created within the Department of
266	Agriculture and Consumer Services within Keep Florida Beautiful,
267	Inc., the Wildflower Advisory Council, consisting of a maximum
268	of ten nine members to direct and oversee the expenditure of the
269	Wildflower Account. The Wildflower Advisory Council shall
270	include a representative from the University of Florida
271	Institute of Food and Agricultural Sciences, the Florida
272	Department of Transportation, the Department of Agriculture and
273	Consumer Services, and the Florida Department of Environmental
274	Protection, the Florida League of Cities, and the Florida
275	Association of Counties. Other members of the committee may
276	include representatives from the Florida Federation of Garden
277	Clubs, Inc., Think Beauty Foundation, the Florida Chapter of the
278	American Society of Landscape Architects, Inc., and a
279	representative of the Master Gardener's Program.
280	(b)  The Wildflower Advisory Council shall advise the
281	Department of Agriculture and Consumer Services and develop
282	procedures of operation, research contracts, educational and
283	marketing programs, and wildflower planting grants for Florida
284	native wildflowers, plants, and grasses. The council shall also
285	make recommendations to the department concerning the final
286	determination of what constitutes acceptable species of
287	wildflowers and other plantings supported by these programs.
288	Section 3.  Section 403.41315, Florida Statutes, is amended
289	to read:
290	403.41315  Comprehensive illegal dumping, litter, and
291	marine debris control and prevention.--
292	(1)  The Legislature finds that a comprehensive illegal
293	dumping, litter, and marine debris control and prevention
294	program is necessary to protect the beauty and the environment
295	of Florida. The Legislature also recognizes that a comprehensive
296	illegal dumping, litter, and marine debris control and
297	prevention program will have a positive effect on the state's
298	economy. The Legislature finds that the state's rapid population
299	growth, the ever-increasing mobility of its population, and the
300	large number of tourists contribute to the need for a
301	comprehensive illegal dumping, litter, and marine debris control
302	and prevention program. The Legislature further finds that the
303	program must be coordinated and capable of having statewide
304	identity and grassroots community support.
305	(2)  The comprehensive illegal dumping, litter, and marine
306	debris control and prevention program at a minimum must include
307	the following:
308	(a)  A local statewide public awareness and educational
309	campaign, coordinated by Keep Florida Beautiful, Incorporated,
310	to educate individuals, government, businesses, and other
311	organizations concerning the role they must assume in preventing
312	and controlling litter.
313	(b)  Enforcement provisions authorized under s. 403.413.
314	(c)  Enforcement officers whose responsibilities include
315	grassroots education along with enforcing litter and illegal
316	dumping violations.
317	(d)  Local illegal dumping, litter, and marine debris
318	control and prevention programs operated at the county level
319	with emphasis placed on grassroots educational programs designed
320	to prevent and remove litter and marine debris.
321	(e)  A statewide adopt-a-highway program as authorized
322	under s. 403.4131.
323	(f)  The highway beautification program authorized under s.
324	339.2405.
325	(g)  A statewide Adopt-a-Shore program that includes beach,
326	river, and lake shorelines and emphasizes litter and marine
327	debris cleanup and prevention.
328	(h)  The prohibition of balloon releases as authorized
329	under s. 372.995.
330	(i)  The placement of approved identifiable litter and
331	recycling receptacles.
332	(j)  Other educational programs that are implemented at the
333	grassroots level coordinated through Keep Florida Beautiful,
334	Inc., involving volunteers and community programs that clean up
335	and prevent litter, including Youth Conservation Corps
336	activities.
337	Section 4.  Section 403.4133, Florida Statutes, is amended
338	to read:
339	403.4133  Adopt-a-Shore Program.--
340	(1)  The Legislature finds that litter and illegal dumping
341	present a threat to the state's wildlife, environment, and
342	shorelines. The Legislature further finds that public awareness
343	and education will assist in preventing litter from being
344	illegally deposited along the state's shorelines.
345	(2)  The Adopt-a-Shore Program shall be created within the
346	Department of Environmental Protection nonprofit organization
347	referred to in s. 403.4131(1), named Keep Florida Beautiful,
348	Incorporated. The program shall be designed to educate the
349	state's citizens and visitors about the importance of litter
350	prevention and shall include approaches and techniques to remove
351	litter from the state's shorelines.
352	(3)  For the purposes of this section, the term "shoreline"
353	includes, but is not limited to, beaches, rivershores, and
354	lakeshores.
355	Section 5.  Subsection (28) of section 320.08058, Florida
356	Statutes, is amended to read:
357	320.08058  Specialty license plates.--
358	(28)  FLORIDA WILDFLOWER LICENSE PLATES.--
359	(a)  The department shall develop a Florida Wildflower
360	license plate as provided in this section. The word "Florida"
361	must appear at the top of the plate, and the words "State
362	Wildflower" and "coreopsis" must appear at the bottom of the
363	plate.
364	(b)  The annual use fees shall be distributed to the
365	Department of Agriculture and Consumer Services, to be used for
366	the purposes set forth in Wildflower Account established by Keep
367	Florida Beautiful, Inc., created by s. 403.4131. The proceeds
368	must be used to establish native Florida wildflower research
369	programs, wildflower educational programs, and wildflower grant
370	programs to municipal, county, and community-based groups in
371	this state. A maximum of 10 percent of the proceeds from the
372	sale of such plates may be used for administrative costs.
373	Section 6.  All unexpended proceeds of fees paid for
374	Wildflower license plates which are held by Keep Florida
375	Beautiful, Inc., must be transferred to the Department of
376	Agriculture and Consumer Services promptly after the effective
377	date of this act.
378	Section 7.  Section 403.703, Florida Statutes, is amended
379	to read:
380	(Substantial rewording of section. See
381	s. 403.703, F.S., for present text.)
382	403.703  Definitions.--As used in this part, the term:
383	(1)  "Ash residue" has the same meaning as in the
384	department rule governing solid waste combustors which defines
385	the term.
386	(2)  "Biological waste" means solid waste that causes or
387	has the capability of causing disease or infection and includes,
388	but is not limited to, biomedical waste, diseased or dead
389	animals, and other wastes capable of transmitting pathogens to
390	humans or animals. The term does not include human remains that
391	are disposed of by persons licensed under chapter 497.
392	(3)  "Biomedical waste" means any solid waste or liquid
393	waste that may present a threat of infection to humans. The term
394	includes, but is not limited to, nonliquid human tissue and body
395	parts; laboratory and veterinary waste that contains human-
396	disease-causing agents; discarded disposable sharps; human blood
397	and human blood products and body fluids; and other materials
398	that in the opinion of the Department of Health represent a
399	significant risk of infection to persons outside the generating
400	facility. The term does not include human remains that are
401	disposed of by persons licensed under chapter 497.
402	(4)  "Clean debris" means any solid waste that is virtually
403	inert, that is not a pollution threat to groundwater or surface
404	waters, that is not a fire hazard, and that is likely to retain
405	its physical and chemical structure under expected conditions of
406	disposal or use. The term includes uncontaminated concrete,
407	including embedded pipe or steel, brick, glass, ceramics, and
408	other wastes designated by the department.
409	(5)  "Closure" means the cessation of operation of a solid
410	waste management facility and the act of securing such facility
411	so that it will pose no significant threat to human health or
412	the environment and includes long-term monitoring and
413	maintenance of a facility if required by department rule.
414	(6)  "Construction and demolition debris" means discarded
415	materials generally considered to be not water-soluble and
416	nonhazardous in nature, including, but not limited to, steel,
417	glass, brick, concrete, asphalt roofing material, pipe, gypsum
418	wallboard, and lumber, from the construction or destruction of a
419	structure as part of a construction or demolition project or
420	from the renovation of a structure, and includes rocks, soils,
421	tree remains, trees, and other vegetative matter that normally
422	results from land clearing or land-development operations for a
423	construction project, including such debris from construction of
424	structures at a site remote from the construction or demolition
425	project site. Mixing of construction and demolition debris with
426	other types of solid waste will cause the resulting mixture to
427	be classified as other than construction and demolition debris.
428	The term also includes:
429	(a)  Clean cardboard, paper, plastic, wood, and metal
430	scraps from a construction project.
431	(b)  Except as provided in s. 403.707(9)(j), yard trash and
432	unpainted, nontreated wood scraps from sources other than
433	construction or demolition projects.
434	(c)  Scrap from manufacturing facilities which is the type
435	of material generally used in construction projects and which
436	would meet the definition of construction and demolition debris
437	if it were generated as part of a construction or demolition
438	project. This includes debris from the construction of
439	manufactured homes and scrap shingles, wallboard, siding
440	concrete, and similar materials from industrial or commercial
441	facilities.
442	(d)  De minimis amounts of other nonhazardous wastes that
443	are generated at construction or destruction projects, provided
444	such amounts are consistent with best management practices of
445	the industry.
446	(7)  "County," or any like term, means a political
447	subdivision of the state established pursuant to s. 1, Art. VIII
448	of the State Constitution and, when s. 403.706(19) applies,
449	means a special district or other entity.
450	(8)  "Department" means the Department of Environmental
451	Protection or any successor agency performing a like function.
452	(9)  "Disposal" means the discharge, deposit, injection,
453	dumping, spilling, leaking, or placing of any solid waste or
454	hazardous waste into or upon any land or water so that such
455	solid waste or hazardous waste or any constituent thereof may
456	enter other lands or be emitted into the air or discharged into
457	any waters, including groundwaters, or otherwise enter the
458	environment.
459	(10)  "Generation" means the act or process of producing
460	solid or hazardous waste.
461	(11)  "Guarantor" means any person, other than the owner or
462	operator, who provides evidence of financial responsibility for
463	an owner or operator under this part.
464	(12)  "Hazardous substance" means any substance that is
465	defined as a hazardous substance in the United States
466	Comprehensive Environmental Response, Compensation, and
467	Liability Act of 1980, 94 Stat. 2767.
468	(13)  "Hazardous waste" means solid waste, or a combination
469	of solid wastes, which, because of its quantity, concentration,
470	or physical, chemical, or infectious characteristics, may cause,
471	or significantly contribute to, an increase in mortality or an
472	increase in serious irreversible or incapacitating reversible
473	illness or may pose a substantial present or potential hazard to
474	human health or the environment when improperly transported,
475	disposed of, stored, treated, or otherwise managed. The term
476	does not include human remains that are disposed of by persons
477	licensed under chapter 497.
478	(14)  "Hazardous waste facility" means any building, site,
479	structure, or equipment at or by which hazardous waste is
480	disposed of, stored, or treated.
481	(15)  "Hazardous waste management" means the systematic
482	control of the collection, source separation, storage,
483	transportation, processing, treatment, recovery, recycling, and
484	disposal of hazardous wastes.
485	(16)  "Land disposal" means any placement of hazardous
486	waste in or on the land and includes, but is not limited to,
487	placement in a landfill, surface impoundment, waste pile,
488	injection well, land treatment facility, salt bed formation,
489	salt dome formation, or underground mine or cave, or placement
490	in a concrete vault or bunker intended for disposal purposes.
491	(17)  "Landfill" means any solid waste land disposal area
492	for which a permit, other than a general permit, is required by
493	s. 403.707 and which receives solid waste for disposal in or
494	upon land. The term does not include a landspreading site, an
495	injection well, a surface impoundment, or a facility for the
496	disposal of construction and demolition debris.
497	(18)  "Manifest" means the recordkeeping system used for
498	identifying the concentration, quantity, composition, origin,
499	routing, and destination of hazardous waste during its
500	transportation from the point of generation to the point of
501	disposal, storage, or treatment.
502	(19)  "Materials recovery facility" means a solid waste
503	management facility that provides for the extraction from solid
504	waste of recyclable materials, materials suitable for use as a
505	fuel or soil amendment, or any combination of such materials.
506	(20)  "Municipality," or any like term, means a
507	municipality created pursuant to general or special law
508	authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
509	the State Constitution and, when s. 403.706(19) applies, means a
510	special district or other entity.
511	(21)  "Operation," with respect to any solid waste
512	management facility, means the disposal, storage, or processing
513	of solid waste at and by the facility.
514	(22)  "Person" means any and all persons, natural or
515	artificial, including any individual, firm, or association; any
516	municipal or private corporation organized or existing under the
517	laws of this state or any other state; any county of this state;
518	and any governmental agency of this state or the Federal
519	Government.
520	(23)  "Processing" means any technique designed to change
521	the physical, chemical, or biological character or composition
522	of any solid waste so as to render it safe for transport;
523	amenable to recovery, storage, or recycling; safe for disposal;
524	or reduced in volume or concentration.
525	(24)  "Recovered materials" means metal, paper, glass,
526	plastic, textile, or rubber materials that have known recycling
527	potential, can be feasibly recycled, and have been diverted and
528	source separated or have been removed from the solid waste
529	stream for sale, use, or reuse as raw materials, whether or not
530	the materials require subsequent processing or separation from
531	each other, but the term does not include materials destined for
532	any use that constitutes disposal. Recovered materials as
533	described in this subsection are not solid waste.
534	(25)  "Recovered materials processing facility" means a
535	facility engaged solely in the storage, processing, resale, or
536	reuse of recovered materials. Such a facility is not a solid
537	waste management facility if it meets the conditions of s.
538	403.7045(1)(e).
539	(26)  "Recyclable material" means those materials that are
540	capable of being recycled and that would otherwise be processed
541	or disposed of as solid waste.
542	(27)  "Recycling" means any process by which solid waste,
543	or materials that would otherwise become solid waste, are
544	collected, separated, or processed and reused or returned to use
545	in the form of raw materials or products.
546	(28)  "Resource recovery" means the process of recovering
547	materials or energy from solid waste, excluding those materials
548	or solid waste under the control of the Nuclear Regulatory
549	Commission.
550	(29)  "Resource recovery equipment" means equipment or
551	machinery exclusively and integrally used in the actual process
552	of recovering material or energy resources from solid waste.
553	(30)  "Sludge" includes the accumulated solids, residues,
554	and precipitates generated as a result of waste treatment or
555	processing, including wastewater treatment, water-supply
556	treatment, or operation of an air pollution control facility,
557	and mixed liquids and solids pumped from septic tanks, grease
558	traps, privies, or similar waste disposal appurtenances.
559	(31)  "Solid waste" means sludge unregulated under the
560	federal Clean Water Act or Clean Air Act, sludge from a waste
561	treatment works, water supply treatment plant, or air pollution
562	control facility, or garbage, rubbish, refuse, special waste, or
563	other discarded material, including solid, liquid, semisolid, or
564	contained gaseous material resulting from domestic, industrial,
565	commercial, mining, agricultural, or governmental operations.
566	Recovered materials as defined in subsection (24) are not solid
567	waste.
568	(32)  "Solid waste disposal facility" means any solid waste
569	management facility that is the final resting place for solid
570	waste, including landfills and incineration facilities that
571	produce ash from the process of incinerating municipal solid
572	waste.
573	(33)  "Solid waste management" means the process by which
574	solid waste is collected, transported, stored, separated,
575	processed, or disposed of in any other way according to an
576	orderly, purposeful, and planned program, which includes
577	closure.
578	(34)  "Solid waste management facility" means any solid
579	waste disposal area, volume-reduction plant, transfer station,
580	materials recovery facility, or other facility, the purpose of
581	which is resource recovery or the disposal, recycling,
582	processing, or storage of solid waste. The term does not include
583	recovered materials processing facilities that meet the
584	requirements of s. 403.7046, except the portion of such
585	facilities, if any, which is used for the management of solid
586	waste.
587	(35)  "Source separated" means that the recovered materials
588	are separated from solid waste at the location where the
589	recovered materials and solid waste are generated. The term does
590	not require that various types of recovered materials be
591	separated from each other, and recognizes de minimis solid
592	waste, in accordance with industry standards and practices, may
593	be included in the recovered materials. Materials are not
594	considered source-separated when two or more types of recovered
595	materials are deposited in combination with each other in a
596	commercial collection container located where the materials are
597	generated and when such materials contain more than 10 percent
598	solid waste by volume or weight. For purposes of this
599	subsection, the term "various types of recovered materials"
600	means metals, paper, glass, plastic, textiles, and rubber.
601	(36)  "Special wastes" means solid wastes that can require
602	special handling and management, including, but not limited to,
603	white goods, waste tires, used oil, lead-acid batteries,
604	construction and demolition debris, ash residue, yard trash, and
605	biological wastes.
606	(37)  "Storage" means the containment or holding of a
607	hazardous waste, either on a temporary basis or for a period of
608	years, in such a manner as not to constitute disposal of such
609	hazardous waste.
610	(38)  "Transfer station" means a site the primary purpose
611	of which is to store or hold solid waste for transport to a
612	processing or disposal facility.
613	(39)  "Transport" means the movement of hazardous waste
614	from the point of generation or point of entry into the state to
615	any offsite intermediate points and to the point of offsite
616	ultimate disposal, storage, treatment, or exit from the state.
617	(40)  "Treatment," when used in connection with hazardous
618	waste, means any method, technique, or process, including
619	neutralization, which is designed to change the physical,
620	chemical, or biological character or composition of any
621	hazardous waste so as to neutralize it or render it
622	nonhazardous, safe for transport, amenable to recovery, amenable
623	to storage or disposal, or reduced in volume or concentration.
624	The term includes any activity or processing that is designed to
625	change the physical form or chemical composition of hazardous
626	waste so as to render it nonhazardous.
627	(41)  "Volume reduction plant" includes incinerators,
628	pulverizers, compactors, shredding and baling plants, composting
629	plants, and other plants that accept and process solid waste for
630	recycling or disposal.
631	(42)  "White goods" includes inoperative and discarded
632	refrigerators, ranges, water heaters, freezers, and other
633	similar domestic and commercial large appliances.
634	(43)  "Yard trash" means vegetative matter resulting from
635	landscaping maintenance and land clearing operations and
636	includes associated rocks and soils.
637	Section 8.  Subsection (69) of section 316.003, Florida
638	Statutes, is amended to read:
639	316.003  Definitions.--The following words and phrases,
640	when used in this chapter, shall have the meanings respectively
641	ascribed to them in this section, except where the context
642	otherwise requires:
643	(69)  HAZARDOUS MATERIAL.--Any substance or material which
644	has been determined by the secretary of the United States
645	Department of Transportation to be capable of imposing an
646	unreasonable risk to health, safety, and property. This term
647	includes hazardous waste as defined in s. 403.703(13) s.
648	403.703(21).
649	Section 9.  Paragraph (f) of subsection (2) of section
650	377.709, Florida Statutes, is amended to read:
651	377.709  Funding by electric utilities of local
652	governmental solid waste facilities that generate electricity.--
653	(2)  DEFINITIONS.--As used in this section, the term:
654	(f)  "Solid waste facility" means a facility owned or
655	operated by, or on behalf of, a local government for the purpose
656	of disposing of solid waste, as that term is defined in s.
657	403.703(31) s. 403.703(13), by any process that produces heat
658	and incorporates, as a part of the facility, the means of
659	converting heat to electrical energy in amounts greater than
660	actually required for the operation of the facility.
661	Section 10.  Subsection (1) of section 487.048, Florida
662	Statutes, is amended to read:
663	487.048  Dealer's license; records.--
664	(1)  Each person holding or offering for sale, selling, or
665	distributing restricted-use pesticides shall obtain a dealer's
666	license from the department. Application for the license shall
667	be made on a form prescribed by the department. The license must
668	be obtained before entering into business or transferring
669	ownership of a business. The department may require examination
670	or other proof of competency of individuals to whom licenses are
671	issued or of individuals employed by persons to whom licenses
672	are issued. Demonstration of continued competency may be
673	required for license renewal, as set by rule. The license shall
674	be renewed annually as provided by rule. An annual license fee
675	not exceeding $250 shall be established by rule. However, a user
676	of a restricted-use pesticide may distribute unopened containers
677	of a properly labeled pesticide to another user who is legally
678	entitled to use that restricted-use pesticide without obtaining
679	a pesticide dealer's license. The exclusive purpose of
680	distribution of the restricted-use pesticide is to keep it from
681	becoming a hazardous waste as defined in s. 403.703(13) s.
682	403.703(21).
683	Section 11.  Section 403.704, Florida Statutes, is amended
684	to read:
685	403.704  Powers and duties of the department.--The
686	department shall have responsibility for the implementation and
687	enforcement of the provisions of this act. In addition to other
688	powers and duties, the department shall:
689	(1)  Develop and implement, in consultation with local
690	governments, a state solid waste management program, as defined
691	in s. 403.705, and update the program at least every 3 years. In
692	developing rules to implement the state solid waste management
693	program, the department shall hold public hearings around the
694	state and shall give notice of such public hearings to all local
695	governments and regional planning agencies.
696	(2)  Provide technical assistance to counties,
697	municipalities, and other persons, and cooperate with
698	appropriate federal agencies and private organizations in
699	carrying out the provisions of this act.
700	(3)  Promote the planning and application of recycling and
701	resource recovery systems which preserve and enhance the quality
702	of the air, water, and other natural resources of the state and
703	assist in and encourage, where appropriate, the development of
704	regional solid waste management facilities.
705	(4)  Serve as the official state representative for all
706	purposes of the federal Solid Waste Disposal Act, as amended by
707	Pub. L. No. 91-512, or as subsequently amended.
708	(5)  Use private industry or the State University System
709	through contractual arrangements for implementation of some or
710	all of the requirements of the state solid waste management
711	program and for such other activities as may be considered
712	necessary, desirable, or convenient.
713	(6)  Encourage recycling and resource recovery as a source
714	of energy and materials.
715	(7)  Assist in and encourage, as much as possible, the
716	development within the state of industries and commercial
717	enterprises which are based upon resource recovery, recycling,
718	and reuse of solid waste.
719	(8)  Charge reasonable fees for any services it performs
720	pursuant to this act, provided user fees shall apply uniformly
721	within each municipality or county to all users who are provided
722	with solid waste management services.
723	(9)  Acquire, at its discretion, personal or real property
724	or any interest therein by gift, lease, or purchase for the
725	purpose of providing sites for solid waste management
726	facilities.
727	(10)  Acquire, construct, reconstruct, improve, maintain,
728	equip, furnish, and operate, at its discretion, such solid waste
729	management facilities as are called for by the state solid waste
730	management program.
731	(11)  Receive funds or revenues from the sale of products,
732	materials, fuels, or energy in any form derived from processing
733	of solid waste by state-owned or state-operated facilities,
734	which funds or revenues shall be deposited into the Solid Waste
735	Management Trust Fund.
736	(8)(12)  Determine by rule the facilities, equipment,
737	personnel, and number of monitoring wells to be provided at each
738	Class I solid waste disposal area.
739	(13)  Encourage, but not require, as part of a Class II
740	solid waste disposal area, a potable water supply; an employee
741	shelter; handwashing and toilet facilities; equipment washout
742	facilities; electric service for operations and repairs;
743	equipment shelter for maintenance and storage of parts,
744	equipment, and tools; scales for weighing solid waste received
745	at the disposal area; a trained equipment operator in full-time
746	attendance during operating hours; and communication facilities
747	for use in emergencies. The department may require an attendant
748	at a Class II solid waste disposal area during the hours of
749	operation if the department affirmatively demonstrates that such
750	a requirement is necessary to prevent unlawful fires,
751	unauthorized dumping, or littering of nearby property.
752	(14)  Require a Class II solid waste disposal area to have
753	at least one monitoring well which shall be placed adjacent to
754	the site in the direction of groundwater flow unless otherwise
755	exempted by the department. The department may require
756	additional monitoring wells not farther than 1 mile from the
757	site if it is affirmatively demonstrated by the department that
758	a significant change in the initial quality of the water has
759	occurred in the downstream monitoring well which adversely
760	affects the beneficial uses of the water. These wells may be
761	public or private water supply wells if they are suitable for
762	use in determining background water quality levels.
763	(9)(15)  Adopt rules pursuant to ss. 120.536(1) and 120.54
764	to implement and enforce the provisions of this act, including
765	requirements for the classification, construction, operation,
766	maintenance, and closure of solid waste management facilities
767	and requirements for, and conditions on, solid waste disposal in
768	this state, whether such solid waste is generated within this
769	state or outside this state as long as such requirements and
770	conditions are not based on the out-of-state origin of the waste
771	and are consistent with applicable provisions of law. When
772	classifying solid waste management facilities, the department
773	shall consider the hydrogeology of the site for the facility,
774	the types of wastes to be handled by the facility, and methods
775	used to control the types of waste to be handled by the facility
776	and shall seek to minimize the adverse effects of solid waste
777	management on the environment. Whenever the department adopts
778	any rule stricter or more stringent than one which has been set
779	by the United States Environmental Protection Agency, the
780	procedures set forth in s. 403.804(2) shall be followed. The
781	department shall not, however, adopt hazardous waste rules for
782	solid waste for which special studies were required prior to
783	October 1, 1988, under s. 8002 of the Resource Conservation and
784	Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies
785	are completed by the United States Environmental Protection
786	Agency and the information is available to the department for
787	consideration in adopting its own rule.
788	(10)(16)  Issue or modify permits on such conditions as are
789	necessary to effect the intent and purposes of this act, and may
790	deny or revoke permits.
791	(17)  Conduct research, using the State University System,
792	solid waste professionals from local governments, private
793	enterprise, and other organizations, on alternative,
794	economically feasible, cost-effective, and environmentally safe
795	solid waste management and landfill closure methods which
796	protect the health, safety, and welfare of the public and the
797	environment and which may assist in developing markets and
798	provide economic benefits to local governments, the state, and
799	its citizens, and solicit public participation during the
800	research process. The department shall incorporate such cost-
801	effective landfill closure methods in the appropriate department
802	rule as alternative closure requirements.
803	(11)(18)  Develop and implement or contract for services to
804	develop information on recovered materials markets and
805	strategies for market development and expansion for use of these
806	materials. Additionally, the department shall maintain a
807	directory of recycling businesses operating in the state and
808	shall serve as a coordinator to match recovered materials with
809	markets. Such directory shall be made available to the public
810	and to local governments to assist with their solid waste
811	management activities.
812	(19)  Authorize variances from solid waste closure rules
813	adopted pursuant to this part, provided such variances are
814	applied for and approved in accordance with s. 403.201 and will
815	not result in significant threats to human health or the
816	environment.
817	(12)(20)  Establish accounts and deposit to the Solid Waste
818	Management Trust Fund and control and administer moneys it may
819	withdraw from the fund.
820	(13)(21)  Manage a program of grants, using funds from the
821	Solid Waste Management Trust Fund and funds provided by the
822	Legislature for solid waste management, for programs for
823	recycling, composting, litter control, and special waste
824	management and for programs which provide for the safe and
825	proper management of solid waste.
826	(14)(22)  Budget and receive appropriated funds and accept,
827	receive, and administer grants or other funds or gifts from
828	public or private agencies, including the state and the Federal
829	Government, for the purpose of carrying out the provisions of
830	this act.
831	(15)(23)  Delegate its powers, enter into contracts, or
832	take such other actions as may be necessary to implement this
833	act.
834	(16)(24)  Receive and administer funds appropriated for
835	county hazardous waste management assessments.
836	(17)(25)  Provide technical assistance to local governments
837	and regional agencies to ensure consistency between county
838	hazardous waste management assessments; coordinate the
839	development of such assessments with the assistance of the
840	appropriate regional planning councils; and review and make
841	recommendations to the Legislature relative to the sufficiency
842	of the assessments to meet state hazardous waste management
843	needs.
844	(18)(26)  Increase public education and public awareness of
845	solid and hazardous waste issues by developing and promoting
846	statewide programs of litter control, recycling, volume
847	reduction, and proper methods of solid waste and hazardous waste
848	management.
849	(19)(27)  Assist the hazardous waste storage, treatment, or
850	disposal industry by providing to the industry any data produced
851	on the types and quantities of hazardous waste generated.
852	(20)(28)  Institute a hazardous waste emergency response
853	program which would include emergency telecommunication
854	capabilities and coordination with appropriate agencies.
855	(21)(29)  Promulgate rules necessary to accept delegation
856	of the hazardous waste management program from the Environmental
857	Protection Agency under the Hazardous and Solid Waste Amendments
858	of 1984, Pub. L. No. 98-616.
859	(22)(30)  Adopt rules, if necessary, to address the
860	incineration and disposal of biomedical waste and the management
861	of biological waste within the state, whether such waste is
862	generated within this state or outside this state, as long as
863	such requirements and conditions are not based on the out-of-
864	state origin of the waste and are consistent with applicable
865	provisions of law.
866	Section 12.  Section 403.7043, Florida Statutes, is amended
867	to read:
868	403.7043  Compost standards and applications.--
869	(1)  In order to protect the state's land and water
870	resources, compost produced, utilized, or disposed of by the
871	composting process at solid waste management facilities in the
872	state must meet criteria established by the department.
873	(2)  The department shall Within 6 months after October 1,
874	1988, the department shall initiate rulemaking to establish and
875	maintain rules addressing standards for the production of
876	compost and shall complete and promulgate those rules within 12
877	months after initiating the process of rulemaking, including
878	rules establishing:
879	(a)  Requirements necessary to produce hygienically safe
880	compost products for varying applications.
881	(b)  A classification scheme for compost based on: the
882	types of waste composted, including at least one type containing
883	only yard trash; the maturity of the compost, including at least
884	three degrees of decomposition for fresh, semimature, and
885	mature; and the levels of organic and inorganic constituents in
886	the compost. This scheme shall address:
887	1.  Methods for measurement of the compost maturity.
888	2.  Particle sizes.
889	3.  Moisture content.
890	4.  Average levels of organic and inorganic constituents,
891	including heavy metals, for such classes of compost as the
892	department establishes, and the analytical methods to determine
893	those levels.
894	(3)  Within 6 months after October 1, 1988, the department
895	shall initiate rulemaking to prescribe the allowable uses and
896	application rates of compost and shall complete and promulgate
897	those rules within 12 months after initiating the process of
898	rulemaking, based on the following criteria:
899	(a)  The total quantity of organic and inorganic
900	constituents, including heavy metals, allowed to be applied
901	through the addition of compost to the soil per acre per year.
902	(b)  The allowable uses of compost based on maturity and
903	type of compost.
904	(4)  If compost is produced which does not meet the
905	criteria prescribed by the department for agricultural and other
906	use, the compost must be reprocessed or disposed of in a manner
907	approved by the department, unless a different application is
908	specifically permitted by the department.
909	(5)  The provisions of s. 403.706 shall not prohibit any
910	county or municipality which has in place a memorandum of
911	understanding or other written agreement as of October 1, 1988,
912	from proceeding with plans to build a compost facility.
913	Section 13.  Subsections (1), (2), and (3) of section
914	403.7045, Florida Statutes, are amended to read:
915	403.7045  Application of act and integration with other
916	acts.--
917	(1)  The following wastes or activities shall not be
918	regulated pursuant to this act:
919	(a)  Byproduct material, source material, and special
920	nuclear material, the generation, transportation, disposal,
921	storage, or treatment of which is regulated under chapter 404 or
922	under the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat.
923	923, as amended;
924	(b)  Suspended solids and dissolved materials in domestic
925	sewage effluent or irrigation return flows or other discharges
926	which are point sources subject to permits pursuant to
927	provisions of this chapter or pursuant to s. 402 of the Clean
928	Water Act, Pub. L. No. 95-217;
929	(c)  Emissions to the air from a stationary installation or
930	source regulated under provisions of this chapter or under the
931	Clean Air Act, Pub. L. No. 95-95;
932	(d)  Drilling fluids, produced waters, and other wastes
933	associated with the exploration for, or development and
934	production of, crude oil or natural gas which are regulated
935	under chapter 377; or
936	(e)  Recovered materials or recovered materials processing
937	facilities shall not be regulated pursuant to this act, except
938	as provided in s. 403.7046, if:
939	1.  A majority of the recovered materials at the facility
940	are demonstrated to be sold, used, or reused within 1 year.
941	2.  The recovered materials handled by the facility or the
942	products or byproducts of operations that process recovered
943	materials are not discharged, deposited, injected, dumped,
944	spilled, leaked, or placed into or upon any land or water by the
945	owner or operator of such facility so that such recovered
946	materials, products or byproducts, or any constituent thereof
947	may enter other lands or be emitted into the air or discharged
948	into any waters, including groundwaters, or otherwise enter the
949	environment such that a threat of contamination in excess of
950	applicable department standards and criteria is caused.
951	3.  The recovered materials handled by the facility are not
952	hazardous wastes as defined under s. 403.703, and rules
953	promulgated pursuant thereto.
954	4.  The facility is registered as required in s. 403.7046.
955	(f)  Industrial byproducts, if:
956	1.  A majority of the industrial byproducts are
957	demonstrated to be sold, used, or reused within 1 year.
958	2.  The industrial byproducts are not discharged,
959	deposited, injected, dumped, spilled, leaked, or placed upon any
960	land or water so that such industrial byproducts, or any
961	constituent thereof, may enter other lands or be emitted into
962	the air or discharged into any waters, including groundwaters,
963	or otherwise enter the environment such that a threat of
964	contamination in excess of applicable department standards and
965	criteria or a significant threat to public health is caused.
966	3.  The industrial byproducts are not hazardous wastes as
967	defined under s. 403.703 and rules adopted under this section.
968	(2)  Except as provided in s. 403.704(9) s. 403.704(15),
969	the following wastes shall not be regulated as a hazardous waste
970	pursuant to this act, except when determined by the United
971	States Environmental Protection Agency to be a hazardous waste:
972	(a)  Ashes and scrubber sludges generated from the burning
973	of boiler fuel for generation of electricity or steam.
974	(b)  Agricultural and silvicultural byproduct material and
975	agricultural and silvicultural process waste from normal farming
976	or processing.
977	(c)  Discarded material generated by the mining and
978	beneficiation and chemical or thermal processing of phosphate
979	rock, and precipitates resulting from neutralization of
980	phosphate chemical plant process and nonprocess waters.
981	(3)  The following wastes or activities shall be regulated
982	pursuant to this act in the following manner:
983	(a)  Dredged material that is generated as part of a
984	project permitted under part IV of chapter 373 or chapter 161,
985	or that is authorized to be removed from sovereign submerged
986	lands under chapter 253, Dredge spoil or fill material shall be
987	managed in accordance with the conditions of that permit or
988	authorization unless the dredged material is regulated as
989	hazardous waste pursuant to this part disposed of pursuant to a
990	dredge and fill permit, but whenever hazardous components are
991	disposed of within the dredge or fill material, the dredge and
992	fill permits shall specify the specific hazardous wastes
993	contained and the concentration of each such waste. If the
994	dredged material contains hazardous substances, the department
995	may further then limit or restrict the sale or use of the
996	dredged dredge and fill material and may specify such other
997	conditions relative to this material as are reasonably necessary
998	to protect the public from the potential hazards.
999	(b)  Hazardous wastes that which are contained in
1000	artificial recharge waters or other waters intentionally
1001	introduced into any underground formation and that which are
1002	permitted pursuant to s. 373.106 shall also be handled in
1003	compliance with the requirements and standards for disposal,
1004	storage, and treatment of hazardous waste under this act.
1005	(c)  Solid waste or hazardous waste facilities that which
1006	are operated as a part of the normal operation of a power
1007	generating facility and which are licensed by certification
1008	pursuant to the Florida Electrical Power Plant Siting Act, ss.
1009	403.501-403.518, shall undergo such certification subject to the
1010	substantive provisions of this act.
1011	(d)  Biomedical waste and biological waste shall be
1012	disposed of only as authorized by the department. However, any
1013	person who unknowingly disposes into a sanitary landfill or
1014	waste-to-energy facility any such waste that which has not been
1015	properly segregated or separated from other solid wastes by the
1016	generating facility is not guilty of a violation under this act.
1017	Nothing in This paragraph does not shall be construed to
1018	prohibit the department from seeking injunctive relief pursuant
1019	to s. 403.131 to prohibit the unauthorized disposal of
1020	biomedical waste or biological waste.
1021	Section 14.  Section 403.70611, Florida Statutes, is
1022	amended to read:
1023	403.70611  Requirements relating to solid waste disposal
1024	facility and Class I landfill permitting.--
1025	(1)  Local government applicants for a permit to construct
1026	or expand a Class I landfill are encouraged to consider
1027	construction of a waste-to-energy facility as an alternative to
1028	additional landfill space.
1029	(2)  A closed Class I landfill that is substantially
1030	rehabilitated or remediated in such a manner that at least 15
1031	percent of the residential units are affordable as defined in s.
1032	420.0004(3) is not subject to the requirements of any building
1033	permit allocation system or other rate of growth regulation
1034	adopted pursuant to chapter 380.
1035	Section 15.  Section 403.707, Florida Statutes, is amended
1036	to read:
1037	403.707  Permits.--
1038	(1)  A No solid waste management facility may not be
1039	operated, maintained, constructed, expanded, modified, or closed
1040	without an appropriate and currently valid permit issued by the
1041	department. The department may, by rule, exempt specified types
1042	of facilities from the requirement for a permit if it determines
1043	that construction for operation of the facility is not expected
1044	to create any significant threat to the environment or public
1045	health. For purposes of this part, and only when specified by
1046	department rule, a permit may include registrations as well as
1047	other forms of licenses as defined in s. 120.52. Solid waste
1048	construction permits issued under this section may include any
1049	permit conditions necessary to achieve compliance with the
1050	recycling requirements of this act. The department shall pursue
1051	reasonable timeframes for closure and construction requirements,
1052	considering pending federal requirements and implementation
1053	costs to the permittee. The department shall adopt a rule
1054	establishing performance standards for construction and closure
1055	of solid waste management facilities. The standards shall allow
1056	flexibility in design and consideration for site-specific
1057	characteristics.
1058	(2)  Except as provided in s. 403.722(6), no permit under
1059	this section is required for the following, provided that the
1060	activity shall not create a public nuisance or any condition
1061	adversely affecting the environment or public health and shall
1062	not violate other state or local laws, ordinances, rules,
1063	regulations, or orders:
1064	(a)  Disposal by persons of solid waste resulting from
1065	their own activities on their own property, provided such waste
1066	is either ordinary household waste from their residential
1067	property or is rocks, soils, trees, tree remains, and other
1068	vegetative matter that which normally result from land
1069	development operations. Disposal of materials that which could
1070	create a public nuisance or adversely affect the environment or
1071	public health, such as: white goods; automotive materials, such
1072	as batteries and tires; petroleum products; pesticides;
1073	solvents; or hazardous substances, is not covered under this
1074	exemption.
1075	(b)  Storage in containers by persons of solid waste
1076	resulting from their own activities on their property, leased or
1077	rented property, or property subject to a homeowners or
1078	maintenance association for which the person contributes
1079	association assessments, if the solid waste in such containers
1080	is collected at least once a week.
1081	(c)  Disposal by persons of solid waste resulting from
1082	their own activities on their property, provided the
1083	environmental effects of such disposal on groundwater and
1084	surface waters are:
1085	1.  Addressed or authorized by a site certification order
1086	issued under part II or a permit issued by the department
1087	pursuant to this chapter or rules adopted pursuant thereto; or
1088	2.  Addressed or authorized by, or exempted from the
1089	requirement to obtain, a groundwater monitoring plan approved by
1090	the department.
1091	(d)  Disposal by persons of solid waste resulting from
1092	their own activities on their own property, provided that such
1093	disposal occurred prior to October 1, 1988.
1094	(e)  Disposal of solid waste resulting from normal farming
1095	operations as defined by department rule. Polyethylene
1096	agricultural plastic, damaged, nonsalvageable, untreated wood
1097	pallets, and packing material that cannot be feasibly recycled,
1098	which are used in connection with agricultural operations
1099	related to the growing, harvesting, or maintenance of crops, may
1100	be disposed of by open burning, provided that no public nuisance
1101	or any condition adversely affecting the environment or the
1102	public health is created thereby and that state or federal
1103	ambient air quality standards are not violated.
1104	(f)  The use of clean debris as fill material in any area.
1105	However, this paragraph does not exempt any person from
1106	obtaining any other required permits, nor does it affect a
1107	person's responsibility to dispose of clean debris appropriately
1108	if it is not to be used as fill material.
1109	(g)  Compost operations that produce less than 50 cubic
1110	yards of compost per year when the compost produced is used on
1111	the property where the compost operation is located.
1112	(3)  All applicable provisions of ss. 403.087 and 403.088,
1113	relating to permits, apply to the control of solid waste
1114	management facilities.
1115	(4)  When application for a construction permit for a Class
1116	I or Class II solid waste disposal area is made, it is the duty
1117	of the department to provide a copy of the application, within 7
1118	days after filing, to the water management district having
1119	jurisdiction where the area is to be located. The water
1120	management district may prepare an advisory report as to the
1121	impact on water resources. This report shall contain the
1122	district's recommendations as to the disposition of the
1123	application and shall be submitted to the department no later
1124	than 30 days prior to the deadline for final agency action by
1125	the department. However, the failure of the department or the
1126	water management district to comply with the provisions of this
1127	subsection shall not be the basis for the denial, revocation, or
1128	remand of any permit or order issued by the department.
1129	(5)  The department may not issue a construction permit
1130	pursuant to this part for a new solid waste landfill within
1131	3,000 feet of Class I surface waters.
1132	(6)  The department may issue a construction permit
1133	pursuant to this part only to a solid waste management facility
1134	that provides the conditions necessary to control the safe
1135	movement of wastes or waste constituents into surface or ground
1136	waters or the atmosphere and that will be operated, maintained,
1137	and closed by qualified and properly trained personnel. Such
1138	facility must if necessary:
1139	(a)  Use natural or artificial barriers which are capable
1140	of controlling lateral or vertical movement of wastes or waste
1141	constituents into surface or ground waters.
1142	(b)  Have a foundation or base that is capable of providing
1143	support for structures and waste deposits and capable of
1144	preventing foundation or base failure due to settlement,
1145	compression, or uplift.
1146	(c)  Provide for the most economically feasible, cost-
1147	effective, and environmentally safe control of leachate, gas,
1148	stormwater, and disease vectors and prevent the endangerment of
1149	public health and the environment.
1150
1151	Open fires, air-curtain incinerators, or trench burning may not
1152	be used as a means of disposal at a solid waste management
1153	facility, unless permitted by the department under s. 403.087.
1154	(7)  Prior to application for a construction permit, an
1155	applicant shall designate to the department temporary backup
1156	disposal areas or processes for the resource recovery facility.
1157	Failure to designate temporary backup disposal areas or
1158	processes shall result in a denial of the construction permit.
1159	(8)  The department may refuse to issue a permit to an
1160	applicant who by past conduct in this state has repeatedly
1161	violated pertinent statutes, rules, or orders or permit terms or
1162	conditions relating to any solid waste management facility and
1163	who is deemed to be irresponsible as defined by department rule.
1164	For the purposes of this subsection, an applicant includes the
1165	owner or operator of the facility, or if the owner or operator
1166	is a business entity, a parent of a subsidiary corporation, a
1167	partner, a corporate officer or director, or a stockholder
1168	holding more than 50 percent of the stock of the corporation.
1169	(9)  Before or on the same day of filing with the
1170	department of an application for any construction permit for the
1171	incineration of biomedical waste which the department may
1172	require by rule, the applicant shall notify each city and county
1173	within 1 mile of the facility of the filing of the application
1174	and shall publish notice of the filing of the application. The
1175	applicant shall publish a second notice of the filing within 14
1176	days after the date of filing. Each notice shall be published in
1177	a newspaper of general circulation in the county in which the
1178	facility is located or is proposed to be located.
1179	Notwithstanding the provisions of chapter 50, for purposes of
1180	this section, a "newspaper of general circulation" shall be the
1181	newspaper within the county in which the installation or
1182	facility is proposed which has the largest daily circulation in
1183	that county and has its principal office in that county. If the
1184	newspaper with the largest daily circulation has its principal
1185	office outside the county, the notice shall appear in both the
1186	newspaper with the largest daily circulation in that county, and
1187	a newspaper authorized to publish legal notices in that county.
1188	The notice shall contain:
1189	(a)  The name of the applicant and a brief description of
1190	the facility and its location.
1191	(b)  The location of the application file and when it is
1192	available for public inspection.
1193
1194	The notice shall be prepared by the applicant and shall comply
1195	with the following format:
1196
1197	Notice of Application
1198
1199	The Department of Environmental Protection announces receipt of
1200	an application for a permit from (name of applicant) to (brief
1201	description of project). This proposed project will be located
1202	at (location) in (county) (city).
1203
1204	This application is being processed and is available for public
1205	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
1206	Monday through Friday, except legal holidays, at (name and
1207	address of office).
1208
1209	(10)  A permit, which the department may require by rule,
1210	for the incineration of biomedical waste, may not be transferred
1211	by the permittee to any other entity, except in conformity with
1212	the requirements of this subsection.
1213	(a)  Within 30 days after the sale or legal transfer of a
1214	permitted facility, the permittee shall file with the department
1215	an application for transfer of the permits on such form as the
1216	department shall establish by rule. The form must be completed
1217	with the notarized signatures of both the transferring permittee
1218	and the proposed permittee.
1219	(b)  The department shall approve the transfer of a permit
1220	unless it determines that the proposed permittee has not
1221	provided reasonable assurances that the proposed permittee has
1222	the administrative, technical, and financial capability to
1223	properly satisfy the requirements and conditions of the permit,
1224	as determined by department rule. The determination shall be
1225	limited solely to the ability of the proposed permittee to
1226	comply with the conditions of the existing permit, and it shall
1227	not concern the adequacy of the permit conditions. If the
1228	department proposes to deny the transfer, it shall provide both
1229	the transferring permittee and the proposed permittee a written
1230	objection to such transfer together with notice of a right to
1231	request a proceeding on such determination under chapter 120.
1232	(c)  Within 90 days after receiving a properly completed
1233	application for transfer of a permit, the department shall issue
1234	a final determination. The department may toll the time for
1235	making a determination on the transfer by notifying both the
1236	transferring permittee and the proposed permittee that
1237	additional information is required to adequately review the
1238	transfer request. Such notification shall be provided within 30
1239	days after receipt of an application for transfer of the permit,
1240	completed pursuant to paragraph (a). If the department fails to
1241	take action to approve or deny the transfer within 90 days after
1242	receipt of the completed application or within 90 days after
1243	receipt of the last item of timely requested additional
1244	information, the transfer shall be deemed approved.
1245	(d)  The transferring permittee is encouraged to apply for
1246	a permit transfer well in advance of the sale or legal transfer
1247	of a permitted facility. However, the transfer of the permit
1248	shall not be effective prior to the sale or legal transfer of
1249	the facility.
1250	(e)  Until the transfer of the permit is approved by the
1251	department, the transferring permittee and any other person
1252	constructing, operating, or maintaining the permitted facility
1253	shall be liable for compliance with the terms of the permit.
1254	Nothing in this section shall relieve the transferring permittee
1255	of liability for corrective actions that may be required as a
1256	result of any violations occurring prior to the legal transfer
1257	of the permit.
1258	(11)  The department shall review all permit applications
1259	for any designated Class I solid waste disposal facility. As
1260	used in this subsection, the term "designated Class I solid
1261	waste disposal facility" means any facility that is, as of May
1262	12, 1993, a solid waste disposal facility classified as an
1263	active Class I landfill by the department, that is located in
1264	whole or in part within 1,000 feet of the boundary of any
1265	municipality, but that is not located within any county with an
1266	approved charter or consolidated municipal government, is not
1267	located within any municipality, and is not operated by a
1268	municipality. The department shall not permit vertical expansion
1269	or horizontal expansion of any designated Class I solid waste
1270	disposal facility unless the application for such permit was
1271	filed before January 1, 1993, and no solid waste management
1272	facility may be operated which is a vertical expansion or
1273	horizontal expansion of a designated Class I solid waste
1274	disposal facility. As used in this subsection, the term
1275	"vertical expansion" means any activity that will result in an
1276	increase in the height of a designated Class I solid waste
1277	disposal facility above 100 feet National Geodetic Vertical
1278	Datum, except solely for closure, and the term "horizontal
1279	expansion" means any activity that will result in an increase in
1280	the ground area covered by a designated Class I solid waste
1281	disposal facility, or if within 1 mile of a designated Class I
1282	solid waste disposal facility, any new or expanded operation of
1283	any solid waste disposal facility or area, or of incineration of
1284	solid waste, or of storage of solid waste for more than 1 year,
1285	or of composting of solid waste other than yard trash.
1286	(9)(12)  The department shall establish a separate category
1287	for solid waste management facilities which accept only
1288	construction and demolition debris for disposal or recycling.
1289	The department shall establish a reasonable schedule for
1290	existing facilities to comply with this section to avoid undue
1291	hardship to such facilities. However, a permitted solid waste
1292	disposal unit that which receives a significant amount of waste
1293	prior to the compliance deadline established in this schedule
1294	shall not be required to be retrofitted with liners or leachate
1295	control systems. Facilities accepting materials defined in s.
1296	403.703(6)(b) s. 403.703(17)(b) must implement a groundwater
1297	monitoring system adequate to detect contaminants that may
1298	reasonably be expected to result from such disposal prior to the
1299	acceptance of those materials.
1300	(a)  The department shall establish reasonable
1301	construction, operation, monitoring, recordkeeping, financial
1302	assurance, and closure requirements for such facilities. The
1303	department shall take into account the nature of the waste
1304	accepted at various facilities when establishing these
1305	requirements, and may impose less stringent requirements,
1306	including a system of general permits or registration
1307	requirements, for facilities that accept only a segregated waste
1308	stream which is expected to pose a minimal risk to the
1309	environment and public health, such as clean debris. The
1310	Legislature recognizes that incidental amounts of other types of
1311	solid waste are commonly generated at construction or demolition
1312	projects. In any enforcement action taken pursuant to this
1313	section, the department shall consider the difficulty of
1314	removing these incidental amounts from the waste stream.
1315	(b)  The department shall not require liners and leachate
1316	collection systems at individual facilities unless it
1317	demonstrates, based upon the types of waste received, the
1318	methods for controlling types of waste disposed of, the
1319	proximity of groundwater and surface water, and the results of
1320	the hydrogeological and geotechnical investigations, that the
1321	facility is reasonably expected to result in violations of
1322	groundwater standards and criteria otherwise.
1323	(c)  The owner or operator shall provide financial
1324	assurance for closing of the facility in accordance with the
1325	requirements of s. 403.7125. The financial assurance shall cover
1326	the cost of closing the facility and 5 years of long-term care
1327	after closing, unless the department determines, based upon
1328	hydrogeologic conditions, the types of wastes received, or the
1329	groundwater monitoring results, that a different long-term care
1330	period is appropriate. However, unless the owner or operator of
1331	the facility is a local government, the escrow account described
1332	in s. 403.7125(2) s. 403.7125(3) may not be used as a financial
1333	assurance mechanism.
1334	(d)  The department shall establish training requirements
1335	for operators of facilities, and shall work with the State
1336	University System or other providers to assure that adequate
1337	training courses are available. The department shall also assist
1338	the Florida Home Builders Association in establishing a
1339	component of its continuing education program to address proper
1340	handling of construction and demolition debris, including best
1341	management practices for reducing contamination of the
1342	construction and demolition debris waste stream.
1343	(e)  The issuance of a permit under this subsection does
1344	not obviate the need to comply with all applicable zoning and
1345	land use regulations.
1346	(f)  A permit is not required under this section for the
1347	disposal of construction and demolition debris on the property
1348	where it is generated, but such property must be covered,
1349	graded, and vegetated as necessary when disposal is complete.
1350	(g)  It is the policy of the Legislature to encourage
1351	facilities to recycle. The department shall establish criteria
1352	and guidelines that encourage recycling where practical and
1353	provide for the use of recycled materials in a manner that
1354	protects the public health and the environment. Facilities are
1355	authorized to recycle, provided such activities do not conflict
1356	with such criteria and guidelines.
1357	(h)  The department shall ensure that the requirements of
1358	this section are applied and interpreted consistently throughout
1359	the state. In accordance with s. 20.255, the Division of Waste
1360	Management shall direct the district offices and bureaus on
1361	matters relating to the interpretation and applicability of this
1362	section.
1363	(i)  The department shall provide notice of receipt of a
1364	permit application for the initial construction of a
1365	construction and demolition debris disposal facility to the
1366	local governments having jurisdiction where the facility is to
1367	be located.
1368	(j)  The Legislature recognizes that recycling, waste
1369	reduction, and resource recovery are important aspects of an
1370	integrated solid waste management program and as such are
1371	necessary to protect the public health and the environment. If
1372	necessary to promote such an integrated program, the county may
1373	determine, after providing notice and an opportunity for a
1374	hearing prior to December 31, 2006 1996, that some or all of the
1375	wood material described in s. 403.703(6)(b) s. 403.703(17)(b)
1376	shall be excluded from the definition of "construction and
1377	demolition debris" in s. 403.703(6) s. 403.703(17) within the
1378	jurisdiction of such county. The county may make such a
1379	determination only if it finds that, prior to June 1, 2006 1996,
1380	the county has established an adequate method for the use or
1381	recycling of such wood material at an existing or proposed solid
1382	waste management facility that is permitted or authorized by the
1383	department on June 1, 2006 1996. The county shall not be
1384	required to hold a hearing if the county represents that it
1385	previously has held a hearing for such purpose, nor shall the
1386	county be required to hold a hearing if the county represents
1387	that it previously has held a public meeting or hearing that
1388	authorized such method for the use or recycling of trash or
1389	other nonputrescible waste materials and if the county further
1390	represents that such materials include those materials described
1391	in s. 403.703(6)(b) s. 403.703(17)(b). The county shall provide
1392	written notice of its determination to the department by no
1393	later than December 31, 2006 1996; thereafter, the wood
1394	materials described in s. 403.703(6)(b) s. 403.703(17)(b) shall
1395	be excluded from the definition of "construction and demolition
1396	debris" in s. 403.703(6) s. 403.703(17) within the jurisdiction
1397	of such county. The county may withdraw or revoke its
1398	determination at any time by providing written notice to the
1399	department.
1400	(k)  Brazilian pepper and other invasive exotic plant
1401	species as designated by the department resulting from
1402	eradication projects may be processed at permitted construction
1403	and demolition debris recycling facilities or disposed of at
1404	permitted construction and demolition debris disposal facilities
1405	or Class III facilities. The department may adopt rules to
1406	implement this paragraph.
1407	(10)(13)  If the department and a local government
1408	independently require financial assurance for the closure of a
1409	privately owned solid waste management facility, the department
1410	and that local government shall enter into an interagency
1411	agreement that will allow the owner or operator to provide a
1412	single financial mechanism to cover the costs of closure and any
1413	required long-term care. The financial mechanism may provide for
1414	the department and local government to be cobeneficiaries or
1415	copayees, but shall not impose duplicative financial
1416	requirements on the owner or operator. These closure costs must
1417	include at least the minimum required by department rules and
1418	must also include any additional costs required by local
1419	ordinance or regulation.
1420	(11)(14)  Before or on the same day of filing with the
1421	department of an application for a permit to construct or
1422	substantially modify a solid waste management facility, the
1423	applicant shall notify the local government having jurisdiction
1424	over the facility of the filing of the application. The
1425	applicant also shall publish notice of the filing of the
1426	application in a newspaper of general circulation in the area
1427	where the facility will be located. Notice shall be given and
1428	published in accordance with applicable department rules. The
1429	department shall not issue the requested permit until the
1430	applicant has provided the department with proof that the
1431	notices required by this subsection have been given. Issuance of
1432	a permit does not relieve an applicant from compliance with
1433	local zoning or land use ordinances, or with any other law,
1434	rules, or ordinances.
1435	(12)(15)  Construction and demolition debris must be
1436	separated from the solid waste stream and segregated in separate
1437	locations at a solid waste disposal facility or other permitted
1438	site.
1439	(13)(16)  No facility, solely by virtue of the fact that it
1440	uses processed yard trash or clean wood or paper waste as a fuel
1441	source, shall be considered to be a solid waste disposal
1442	facility.
1443	Section 16.  Section 403.7071, Florida Statutes, is created
1444	to read:
1445	403.7071  Management of storm-generated debris.--Solid
1446	waste generated as a result of a storm event that is the subject
1447	of an emergency order issued by the department may be managed as
1448	follows:
1449	(1)  The Department of Environmental Protection may issue
1450	field authorizations for staging areas in those counties
1451	affected by a storm event. Such staging areas may be used for
1452	the temporary storage and management of storm-generated debris,
1453	including the chipping, grinding, or burning of vegetative
1454	debris. Field authorizations may be requested by providing a
1455	notice to the local office of the department containing a
1456	description of the design and operation of the staging area; the
1457	location of the staging area; and the name, address, and
1458	telephone number of the site manager. Field authorizations also
1459	may be issued by the department staff without prior notice.
1460	Written records of all field authorizations shall be created and
1461	maintained by department staff. Field authorizations may include
1462	specific conditions for the operation and closure of the staging
1463	area and shall include a required closure date. A local
1464	government shall avoid locating a staging area in wetlands and
1465	other surface waters to the greatest extent possible, and the
1466	area that is used or affected by a staging area must be fully
1467	restored upon cessation of use of the area.
1468	(2)  Storm-generated vegetative debris managed at a staging
1469	area may be disposed of in a permitted lined or unlined
1470	landfill, a permitted land clearing debris facility, or a
1471	permitted construction and demolition debris disposal facility.
1472	Vegetative debris may also be managed at a permitted waste
1473	processing facility or a registered yard trash processing
1474	facility.
1475	(3)  Construction and demolition debris that is mixed with
1476	other storm-generated debris need not be segregated from other
1477	solid waste prior to disposal in a lined landfill. Construction
1478	and demolition debris that is source-separated or is separated
1479	from other hurricane-generated debris at an authorized staging
1480	area, or at another area specifically authorized by the
1481	department, may be managed at a permitted construction and
1482	demolition debris disposal or recycling facility upon approval
1483	by the department of the methods and operational practices used
1484	to inspect the waste during segregation.
1485	(4)  Unsalvageable refrigerators and freezers containing
1486	solid waste, such as rotting food, which may create a sanitary
1487	nuisance may be disposed of in a permitted lined landfill;
1488	however, chlorofluorocarbons and capacitors must be removed and
1489	recycled to the greatest extent practicable using techniques and
1490	personnel meeting relevant federal requirements.
1491	(5)  Local governments may conduct the burning of storm-
1492	generated yard trash and other vegetative debris in air-curtain
1493	incinerators without prior notice to the department. Demolition
1494	debris may also be burned in air-curtain incinerators if the
1495	material is limited to untreated wood. Within 10 days after
1496	commencing such burning, the local government shall notify the
1497	department in writing describing the general nature of the
1498	materials burned; the location and method of burning; and the
1499	name, address, and telephone number of the representative of the
1500	local government to contact concerning the work. The operator of
1501	the air-curtain incinerator is subject to any requirement to
1502	obtain an open-burning authorization from the Division of
1503	Forestry or any other agency empowered to grant such
1504	authorization.
1505	Section 17.  Section 403.708, Florida Statutes, is amended
1506	to read:
1507	403.708  Prohibition; penalty.--
1508	(1)  No person shall:
1509	(a)  Place or deposit any solid waste in or on the land or
1510	waters located within the state except in a manner approved by
1511	the department and consistent with applicable approved programs
1512	of counties or municipalities. However, nothing in this act
1513	shall be construed to prohibit the disposal of solid waste
1514	without a permit as provided in s. 403.707(2).
1515	(b)  Burn solid waste except in a manner prescribed by the
1516	department and consistent with applicable approved programs of
1517	counties or municipalities.
1518	(c)  Construct, alter, modify, or operate a solid waste
1519	management facility or site without first having obtained from
1520	the department any permit required by s. 403.707.
1521	(2)  No beverage shall be sold or offered for sale within
1522	the state in a beverage container designed and constructed so
1523	that the container is opened by detaching a metal ring or tab.
1524	(3)  For purposes of subsections (2), (9), and (10):
1525	(a)  "Degradable," with respect to any material, means that
1526	such material, after being discarded, is capable of decomposing
1527	to components other than heavy metals or other toxic substances,
1528	after exposure to bacteria, light, or outdoor elements.
1529	(a)(b)  "Beverage" means soda water, carbonated natural or
1530	mineral water, or other nonalcoholic carbonated drinks; soft
1531	drinks, whether or not carbonated; beer, ale, or other malt
1532	drink of whatever alcoholic content; or a mixed wine drink or a
1533	mixed spirit drink.
1534	(b)(c)  "Beverage container" means an airtight container
1535	which at the time of sale contains 1 gallon or less of a
1536	beverage, or the metric equivalent of 1 gallon or less, and
1537	which is composed of metal, plastic, or glass or a combination
1538	thereof.
1539	(4)  The Division of Alcoholic Beverages and Tobacco of the
1540	Department of Business and Professional Regulation may impose a
1541	fine of not more than $100 on any person currently licensed
1542	pursuant to s. 561.14 for each violation of the provisions of
1543	subsection (2). If the violation is of a continuing nature, each
1544	day during which such violation occurs shall constitute a
1545	separate and distinct offense and shall be subject to a separate
1546	fine.
1547	(5)  The Department of Agriculture and Consumer Services
1548	may impose a fine of not more than $100 on any person not
1549	currently licensed pursuant to s. 561.14 for each violation of
1550	the provisions of subsection (2). If the violation is of a
1551	continuing nature, each day during which such violation occurs
1552	shall constitute a separate and distinct offense and shall be
1553	subject to a separate fine.
1554	(6)  Fifty percent of each fine collected pursuant to
1555	subsections (4) and (5) shall be deposited into the Solid Waste
1556	Management Trust Fund. The balance of fines collected pursuant
1557	to subsection (4) shall be deposited into the Alcoholic Beverage
1558	and Tobacco Trust Fund for the use of the division for
1559	inspection and enforcement of the provisions of this section.
1560	The balance of fines collected pursuant to subsection (5) shall
1561	be deposited into the General Inspection Trust Fund for the use
1562	of the Department of Agriculture and Consumer Services for
1563	inspection and enforcement of the provisions of this section.
1564	(7)  The Division of Alcoholic Beverages and Tobacco and
1565	the Department of Agriculture and Consumer Services shall
1566	coordinate their responsibilities under the provisions of this
1567	section to ensure that inspections and enforcement are
1568	accomplished in an efficient, cost-effective manner.
1569	(8)  A person may not distribute, sell, or expose for sale
1570	in this state any plastic bottle or rigid container intended for
1571	single use unless such container has a molded label indicating
1572	the plastic resin used to produce the plastic container. The
1573	label must appear on or near the bottom of the plastic container
1574	product and be clearly visible. This label must consist of a
1575	number placed inside a triangle and letters placed below the
1576	triangle. The triangle must be equilateral and must be formed by
1577	three arrows, and, in the middle of each arrow, there must be a
1578	rounded bend that forms one apex of the triangle. The pointer,
1579	or arrowhead, of each arrow must be at the midpoint of a side of
1580	the triangle, and a short gap must separate each pointer from
1581	the base of the adjacent arrow. The three curved arrows that
1582	form the triangle must depict a clockwise path around the code
1583	number. Plastic bottles of less than 16 ounces, rigid plastic
1584	containers of less than 8 ounces, and plastic casings on lead-
1585	acid storage batteries are not required to be labeled under this
1586	section. The numbers and letters must be as follows:
1587	(a)  For polyethylene terephthalate, the letters "PETE" and
1588	the number 1.
1589	(b)  For high-density polyethylene, the letters "HDPE" and
1590	the number 2.
1591	(c)  For vinyl, the letter "V" and the number 3.
1592	(d)  For low-density polyethylene, the letters "LDPE" and
1593	the number 4.
1594	(e)  For polypropylene, the letters "PP" and the number 5.
1595	(f)  For polystyrene, the letters "PS" and the number 6.
1596	(g)  For any other, the letters "OTHER" and the number 7.
1597	(9)  No person shall distribute, sell, or expose for sale
1598	in this state any product packaged in a container or packing
1599	material manufactured with fully halogenated chlorofluorocarbons
1600	(CFC). Producers of containers or packing material manufactured
1601	with chlorofluorocarbons (CFC) are urged to introduce
1602	alternative packaging materials which are environmentally
1603	compatible.
1604	(10)  The packaging of products manufactured or sold in the
1605	state may not be controlled by governmental rule, regulation, or
1606	ordinance adopted after March 1, 1974, other than as expressly
1607	provided in this act.
1608	(11)  Violations of this part or rules, regulations,
1609	permits, or orders issued thereunder by the department and
1610	violations of approved local programs of counties or
1611	municipalities or rules, regulations, or orders issued
1612	thereunder shall be punishable by a civil penalty as provided in
1613	s. 403.141.
1614	(12)  The department or any county or municipality may also
1615	seek to enjoin the violation of, or enforce compliance with,
1616	this part or any program adopted hereunder as provided in s.
1617	403.131.
1618	(13)  In accordance with the following schedule, no person
1619	who knows or who should know of the nature of such solid waste
1620	shall dispose of such solid waste in landfills:
1621	(a)  Lead-acid batteries, after January 1, 1989. Lead-acid
1622	batteries also may shall not be disposed of in any waste-to-
1623	energy facility after January 1, 1989. To encourage proper
1624	collection and recycling, all persons who sell lead-acid
1625	batteries at retail shall accept used lead-acid batteries as
1626	trade-ins for new lead-acid batteries.
1627	(b)  Used oil, after October 1, 1988.
1628	(c)  Yard trash, after January 1, 1992, except in lined
1629	unlined landfills classified by department rule as Class I
1630	landfills. Yard trash that is source separated from solid waste
1631	may be accepted at a solid waste disposal area where the area
1632	provides and maintains separate yard trash composting
1633	facilities. The department recognizes that incidental amounts of
1634	yard trash may be disposed of in Class I lined landfills. In any
1635	enforcement action taken pursuant to this paragraph, the
1636	department shall consider the difficulty of removing incidental
1637	amounts of yard trash from a mixed solid waste stream.
1638	(d)  White goods, after January 1, 1990.
1639
1640	Prior to the effective dates specified in paragraphs (a)-(d),
1641	the department shall identify and assist in developing
1642	alternative disposal, processing, or recycling options for the
1643	solid wastes identified in paragraphs (a)-(d).
1644	Section 18.  Section 403.709, Florida Statutes, is amended
1645	to read:
1646	403.709  Solid Waste Management Trust Fund; use of waste
1647	tire fees.--There is created the Solid Waste Management Trust
1648	Fund, to be administered by the department.
1649	(1)  From The annual revenues deposited in the trust fund,
1650	unless otherwise specified in the General Appropriations Act,
1651	shall be used for the following purposes:
1652	(a)(1)  Up to 40 percent shall be used for Funding solid
1653	waste activities of the department and other state agencies,
1654	such as providing technical assistance to local governments and
1655	the private sector, performing solid waste regulatory and
1656	enforcement functions, preparing solid waste documents, and
1657	implementing solid waste education programs.
1658	(b)(2)  Up to 4.5 percent shall be used for Funding
1659	research and training programs relating to solid waste
1660	management through the Center for Solid and Hazardous Waste
1661	Management and other organizations which can reasonably
1662	demonstrate the capability to carry out such projects.
1663	(c)(3)  Up to 11 percent shall be used for Funding to
1664	supplement any other funds provided to the Department of
1665	Agriculture and Consumer Services for mosquito control. This
1666	distribution shall be annually transferred to the General
1667	Inspection Trust Fund in the Department of Agriculture and
1668	Consumer Services to be used for mosquito control, especially
1669	control of West Nile Virus.
1670	(d)(4)  Up to 4.5 percent shall be used for Funding to the
1671	Department of Transportation for litter prevention and control
1672	programs coordinated by Keep Florida Beautiful, Inc.
1673	(e)(5)  A minimum of 40 percent shall be used for Funding a
1674	competitive and innovative grant program pursuant to s. 403.7095
1675	for activities relating to recycling and reducing the volume of
1676	municipal solid waste, including waste tires requiring final
1677	disposal.
1678	(2)(6)  The department shall recover to the use of the fund
1679	from the site owner or the person responsible for the
1680	accumulation of tires at the site, jointly and severally, all
1681	sums expended from the fund pursuant to this section to manage
1682	tires at an illegal waste tire site, except that the department
1683	may decline to pursue such recovery if it finds the amount
1684	involved too small or the likelihood of recovery too uncertain.
1685	If a court determines that the owner is unable or unwilling to
1686	comply with the rules adopted pursuant to this section or s.
1687	403.717, the court may authorize the department to take
1688	possession and control of the waste tire site in order to
1689	protect the health, safety, and welfare of the community and the
1690	environment.
1691	(3)(7)  The department may impose a lien on the real
1692	property on which the waste tire site is located and the waste
1693	tires equal to the estimated cost to bring the tire site into
1694	compliance, including attorney's fees and court costs. Any owner
1695	whose property has such a lien imposed may release her or his
1696	property from any lien claimed under this subsection by filing
1697	with the clerk of the circuit court a cash or surety bond,
1698	payable to the department in the amount of the estimated cost of
1699	bringing the tire site into compliance with department rules,
1700	including attorney's fees and court costs, or the value of the
1701	property after the abatement action is complete, whichever is
1702	less. No lien provided by this subsection shall continue for a
1703	period longer than 4 years after the completion of the abatement
1704	action unless within that time an action to enforce the lien is
1705	commenced in a court of competent jurisdiction. The department
1706	may take action to enforce the lien in the same manner used for
1707	construction liens under part I of chapter 713.
1708	(4)(8)  This section does not limit the use of other
1709	remedies available to the department.
1710	Section 19.  Subsection (5) of section 403.7095, Florida
1711	Statutes, is amended to read:
1712	403.7095  Solid waste management grant program.--
1713	(5)  From the funds made available pursuant to s.
1714	403.709(1)(e) s. 403.709(5) for the grant program created by
1715	this section, the following distributions shall be made:
1716	(a)  Up to 15 percent for the program described in
1717	subsection (1);
1718	(b)  Up to 35 percent for the program described in
1719	subsection (3); and
1720	(c)  Up to 50 percent for the program described in
1721	subsection (4).
1722	Section 20.  Section 403.7125, Florida Statutes, is amended
1723	to read:
1724	403.7125  Financial assurance for closure Landfill
1725	management escrow account.--
1726	(1)  As used in this section:
1727	(a)  "Landfill" means any solid waste land disposal area
1728	for which a permit, other than a general permit, is required by
1729	s. 403.707 that receives solid waste for disposal in or upon
1730	land other than a land-spreading site, injection well, or a
1731	surface impoundment.
1732	(b)  "Closure" means the ceasing operation of a landfill
1733	and securing such landfill so that it does not pose a
1734	significant threat to public health or the environment and
1735	includes long-term monitoring and maintenance of a landfill.
1736	(c)  "Owner or operator" means, in addition to the usual
1737	meanings of the term, any owner of record of any interest in
1738	land whereon a landfill is or has been located and any person or
1739	corporation which owns a majority interest in any other
1740	corporation which is the owner or operator of a landfill.
1741	(1)(2)  Every owner or operator of a landfill is jointly
1742	and severally liable for the improper operation and closure of
1743	the landfill, as provided by law. As used in this section, the
1744	term "owner or operator" means any owner of record of any
1745	interest in land wherein a landfill is or has been located and
1746	any person or corporation that owns a majority interest in any
1747	other corporation that is the owner or operator of a landfill.
1748	(2)(3)  The owner or operator of a landfill owned or
1749	operated by a local or state government or the Federal
1750	Government shall establish a fee, or a surcharge on existing
1751	fees or other appropriate revenue-producing mechanism, to ensure
1752	the availability of financial resources for the proper closure
1753	of the landfill. However, the disposal of solid waste by persons
1754	on their own property, as described in s. 403.707(2), is exempt
1755	from the provisions of this section.
1756	(a)  The revenue-producing mechanism must produce revenue
1757	at a rate sufficient to generate funds to meet state and federal
1758	landfill closure requirements.
1759	(b)  The revenue shall be deposited in an interest-bearing
1760	escrow account to be held and administered by the owner or
1761	operator. The owner or operator shall file with the department
1762	an annual audit of the account. The audit shall be conducted by
1763	an independent certified public accountant. Failure to collect
1764	or report such revenue, except as allowed in subsection (3) (4),
1765	is a noncriminal violation punishable by a fine of not more than
1766	$5,000 for each offense. The owner or operator may make
1767	expenditures from the account and its accumulated interest only
1768	for the purpose of landfill closure and, if such expenditures do
1769	not deplete the fund to the detriment of eventual closure, for
1770	planning and construction of resource recovery or landfill
1771	facilities. Any moneys remaining in the account after paying for
1772	proper and complete closure, as determined by the department,
1773	shall, if the owner or operator does not operate a landfill, be
1774	deposited by the owner or operator into the general fund or the
1775	appropriate solid waste fund of the local government of
1776	jurisdiction.
1777	(c)  The revenue generated under this subsection and any
1778	accumulated interest thereon may be applied to the payment of,
1779	or pledged as security for, the payment of revenue bonds issued
1780	in whole or in part for the purpose of complying with state and
1781	federal landfill closure requirements. Such application or
1782	pledge may be made directly in the proceedings authorizing such
1783	bonds or in an agreement with an insurer of bonds to assure such
1784	insurer of additional security therefor.
1785	(d)  The provisions of s. 212.055 that relate to raising of
1786	revenues for landfill closure or long-term maintenance do not
1787	relieve a landfill owner or operator from the obligations of
1788	this section.
1789	(e)  The owner or operator of any landfill that had
1790	established an escrow account in accordance with this section
1791	and the conditions of its permit prior to January 1, 2006, may
1792	continue to use that escrow account to provide financial
1793	assurance for closure of that landfill, even if that landfill is
1794	not owned or operated by a local or state government or the
1795	Federal Government.
1796	(3)(4)  An owner or operator of a landfill owned or
1797	operated by a local or state government or by the Federal
1798	Government may provide financial assurance to establish proof of
1799	financial responsibility with the department in lieu of the
1800	requirements of subsection (2) (3). An owner or operator of any
1801	other landfill, or any other solid waste management facility
1802	designated by department rule, shall provide financial assurance
1803	to the department for the closure of the facility. Such
1804	financial assurance proof may include surety bonds, certificates
1805	of deposit, securities, letters of credit, or other documents
1806	showing that the owner or operator has sufficient financial
1807	resources to cover, at a minimum, the costs of complying with
1808	applicable landfill closure requirements. The owner or operator
1809	shall estimate such costs to the satisfaction of the department.
1810	(4)(5)  This section does not repeal, limit, or abrogate
1811	any other law authorizing local governments to fix, levy, or
1812	charge rates, fees, or charges for the purpose of complying with
1813	state and federal landfill closure requirements.
1814	(5)(6)  The department shall adopt rules to implement this
1815	section.
1816	Section 21.  Section 403.716, Florida Statutes, is amended
1817	to read:
1818	403.716  Training of operators of solid waste management
1819	and other facilities.--
1820	(1)  The department shall establish qualifications for, and
1821	encourage the development of training programs for, operators of
1822	landfills, coordinators of local recycling programs, operators
1823	of waste-to-energy facilities, biomedical waste incinerators,
1824	and mobile soil thermal treatment units or facilities, and
1825	operators of other solid waste management facilities.
1826	(2)  The department shall work with accredited community
1827	colleges, career centers, state universities, and private
1828	institutions in developing educational materials, courses of
1829	study, and other such information to be made available for
1830	persons seeking to be trained as operators of solid waste
1831	management facilities.
1832	(3)  A person may not perform the duties of an operator of
1833	a landfill, or perform the duties of an operator of a waste-to-
1834	energy facility, biomedical waste incinerator, or mobile soil
1835	thermal treatment unit or facility, unless she or he has
1836	completed an operator training course approved by the department
1837	or she or he has qualified as an interim operator in compliance
1838	with requirements established by the department by rule. An
1839	owner of a landfill, waste-to-energy facility, biomedical waste
1840	incinerator, or mobile soil thermal treatment unit or facility
1841	may not employ any person to perform the duties of an operator
1842	unless such person has completed an approved landfill, waste-to-
1843	energy facility, biomedical waste incinerator, or mobile soil
1844	thermal treatment unit or facility operator training course, as
1845	appropriate, or has qualified as an interim operator in
1846	compliance with requirements established by the department by
1847	rule. The department may establish by rule operator training
1848	requirements for other solid waste management facilities and
1849	facility operators.
1850	(4)  The department has authority to adopt minimum
1851	standards and other rules pursuant to ss. 120.536(1) and 120.54
1852	to implement the provisions of this section. The department
1853	shall ensure the safe, healthy, and lawful operation of solid
1854	waste management facilities in this state. The department may
1855	establish by rule various classifications for operators to cover
1856	the need for differing levels of training required to operate
1857	various types of solid waste management facilities due to
1858	different operating requirements at such facilities.
1859	(5)  For purposes of this section, the term "operator"
1860	means any person, including the owner, who is principally
1861	engaged in, and is in charge of, the actual operation,
1862	supervision, and maintenance of a solid waste management
1863	facility and includes the person in charge of a shift or period
1864	of operation during any part of the day.
1865	Section 22.  Section 403.717, Florida Statutes, is amended
1866	to read:
1867	403.717  Waste tire and lead-acid battery requirements.--
1868	(1)  For purposes of this section and ss. 403.718 and
1869	403.7185:
1870	(a)  "Department" means the Department of Environmental
1871	Protection.
1872	(b)  "Motor vehicle" means an automobile, motorcycle,
1873	truck, trailer, semitrailer, truck tractor and semitrailer
1874	combination, or any other vehicle operated in this state, used
1875	to transport persons or property and propelled by power other
1876	than muscular power, but the term does not include traction
1877	engines, road rollers, such vehicles as run only upon a track,
1878	bicycles, mopeds, or farm tractors and trailers.
1879	(c)  "Tire" means a continuous solid or pneumatic rubber
1880	covering encircling the wheel of a motor vehicle.
1881	(d)  "Waste tire" means a tire that has been removed from a
1882	motor vehicle and has not been retreaded or regrooved. "Waste
1883	tire" includes, but is not limited to, used tires and processed
1884	tires. The term does not include solid rubber tires and tires
1885	that are inseparable from the rim.
1886	(e)  "Waste tire collection center" means a site where
1887	waste tires are collected from the public prior to being offered
1888	for recycling and where fewer than 1,500 tires are kept on the
1889	site on any given day.
1890	(f)  "Waste tire processing facility" means a site where
1891	equipment is used to treat waste tires mechanically, chemically,
1892	or thermally so that the resulting material is a marketable
1893	product or is suitable for proper disposal recapture reusable
1894	byproducts from waste tires or to cut, burn, or otherwise alter
1895	waste tires so that they are no longer whole. The term includes
1896	mobile waste tire processing equipment.
1897	(g)  "Waste tire site" means a site at which 1,500 or more
1898	waste tires are accumulated.
1899	(h)  "Lead-acid battery" means a those lead-acid battery
1900	batteries designed for use in motor vehicles, vessels, and
1901	aircraft, and includes such batteries when sold new as a
1902	component part of a motor vehicle, vessel, or aircraft, but not
1903	when sold to recycle components.
1904	(i)  "Indoor" means within a structure that which excludes
1905	rain and public access and would control air flows in the event
1906	of a fire.
1907	(j)  "Processed tire" means a tire that has been treated
1908	mechanically, chemically, or thermally so that the resulting
1909	material is a marketable product or is suitable for proper
1910	disposal.
1911	(k)  "Used tire" means a waste tire which has a minimum
1912	tread depth of 3/32 inch or greater and is suitable for use on a
1913	motor vehicle.
1914	(2)  The owner or operator of any waste tire site shall
1915	provide the department with information concerning the site's
1916	location, size, and the approximate number of waste tires that
1917	are accumulated at the site and shall initiate steps to comply
1918	with subsection (3).
1919	(3)(a)  A person may not maintain a waste tire site unless
1920	such site is:
1921	1.  An integral part of the person's permitted waste tire
1922	processing facility; or
1923	2.  Used for the storage of waste tires prior to processing
1924	and is located at a permitted solid waste management facility.
1925	(b)  It is unlawful for any person to dispose of waste
1926	tires or processed tires in the state except at a permitted
1927	solid waste management facility. Collection or storage of waste
1928	tires at a permitted waste tire processing facility or waste
1929	tire collection center prior to processing or use does not
1930	constitute disposal, provided that the collection and storage
1931	complies with rules established by the department.
1932	(c)  Whole waste tires may not be deposited in a landfill
1933	as a method of ultimate disposal.
1934	(d)  A person may not contract with a waste tire collector
1935	for the transportation, disposal, or processing of waste tires
1936	unless the collector is registered with the department or exempt
1937	from requirements provided under this section. Any person who
1938	contracts with a waste tire collector for the transportation of
1939	more than 25 waste tires per month from a single business
1940	location must maintain records for that location and make them
1941	available for review by the department or by law enforcement
1942	officers, which records must contain the date when the tires
1943	were transported, the quantity of tires, the registration number
1944	of the collector, and the name of the driver.
1945	(4)  The department shall adopt rules to carry out the
1946	provisions of this section and s. 403.718. Such rules shall:
1947	(a)  Provide for the administration or revocation of waste
1948	tire processing facility permits, including mobile processor
1949	permits;
1950	(b)  Provide for the administration or revocation of waste
1951	tire collector registrations, the fees for which may not exceed
1952	$50 per vehicle registered annually;
1953	(c)  Provide for the administration or revocation of waste
1954	tire collection center permits, the fee for which may not exceed
1955	$250 annually;
1956	(d)  Set standards, including financial assurance
1957	standards, for waste tire processing facilities and associated
1958	waste tire sites, waste tire collection centers, waste tire
1959	collectors, and for the storage of waste tires and processed
1960	tires, including storage indoors;
1961	(e)  The department may by rule exempt not-for-hire waste
1962	tire collectors and processing facilities from financial
1963	assurance requirements;
1964	(f)  Authorize the final disposal of waste tires at a
1965	permitted solid waste disposal facility provided the tires have
1966	been cut into sufficiently small parts to assure their proper
1967	disposal; and
1968	(g)  Allow waste tire material which has been cut into
1969	sufficiently small parts to be used as daily cover material for
1970	a landfill.
1971	(5)  A permit is not required for tire storage at:
1972	(a)  A tire retreading business where fewer than 1,500
1973	waste tires are kept on the business premises;
1974	(b)  A business that, in the ordinary course of business,
1975	removes tires from motor vehicles if fewer than 1,500 of these
1976	tires are kept on the business premises; or
1977	(c)  A retail tire-selling business which is serving as a
1978	waste tire collection center if fewer than 1,500 waste tires are
1979	kept on the business premises.
1980	(5)(6)(a)  The department shall encourage the voluntary
1981	establishment of waste tire collection centers at retail tire-
1982	selling businesses, waste tire processing facilities, and solid
1983	waste disposal facilities, to be open to the public for the
1984	deposit of waste tires.
1985	(b)  The department is authorized to establish an
1986	incentives program for individuals to encourage them to return
1987	their waste tires to a waste tire collection center. The
1988	incentives used by the department may involve the use of
1989	discount or prize coupons, prize drawings, promotional
1990	giveaways, or other activities the department determines will
1991	promote collection, reuse, volume reduction, and proper disposal
1992	of waste tires.
1993	(c)  The department may contract with a promotion company
1994	to administer the incentives program.
1995	Section 23.  Section 403.7221, Florida Statutes, is
1996	transferred, renumbered as section 403.70715, Florida Statutes,
1997	and amended to read:
1998	403.70715 403.7221  Research, development, and
1999	demonstration permits.--
2000	(1)  The department may issue a research, development, and
2001	demonstration permit to the owner or operator of any solid waste
2002	management facility, including any hazardous waste management
2003	facility, who proposes to utilize an innovative and experimental
2004	solid waste treatment technology or process for which permit
2005	standards have not been promulgated. Permits shall:
2006	(a)  Provide for construction and operation of the facility
2007	for not longer than 3 years 1 year, renewable no more than 3
2008	times.
2009	(b)  Provide for the receipt and treatment by the facility
2010	of only those types and quantities of solid waste which the
2011	department deems necessary for purposes of determining the
2012	performance capabilities of the technology or process and the
2013	effects of such technology or process on human health and the
2014	environment.
2015	(c)  Include requirements the department deems necessary
2016	which may include monitoring, operation, testing, financial
2017	responsibility, closure, and remedial action.
2018	(2)  The department may apply the criteria set forth in
2019	this section in establishing the conditions of each permit
2020	without separate establishment of rules implementing such
2021	criteria.
2022	(3)  For the purpose of expediting review and issuance of
2023	permits under this section, the department may, consistent with
2024	the protection of human health and the environment, modify or
2025	waive permit application and permit issuance requirements,
2026	except that there shall be no modification or waiver of
2027	regulations regarding financial responsibility or of procedures
2028	established regarding public participation.
2029	(4)  The department may order an immediate termination of
2030	all operations at the facility at any time upon a determination
2031	that termination is necessary to protect human health and the
2032	environment.
2033	Section 24.  Subsection (2) of section 403.201, Florida
2034	Statutes, is amended to read:
2035	403.201  Variances.--
2036	(2)  No variance shall be granted from any provision or
2037	requirement concerning discharges of waste into waters of the
2038	state or hazardous waste management which would result in the
2039	provision or requirement being less stringent than a comparable
2040	federal provision or requirement, except as provided in s.
2041	403.70715 s. 403.7221.
2042	Section 25.  Section 403.722, Florida Statutes, is amended
2043	to read:
2044	403.722  Permits; hazardous waste disposal, storage, and
2045	treatment facilities.--
2046	(1)  Each person who intends to or is required to
2047	construct, modify, operate, or close a hazardous waste disposal,
2048	storage, or treatment facility shall obtain a construction
2049	permit, operation permit, postclosure permit, clean closure plan
2050	approval, or corrective action permit from the department prior
2051	to constructing, modifying, operating, or closing the facility.
2052	By rule, the department may provide for the issuance of a single
2053	permit instead of any two or more hazardous waste facility
2054	permits.
2055	(2)  Any owner or operator of a hazardous waste facility in
2056	operation on the effective date of the department rule listing
2057	and identifying hazardous wastes shall file an application for a
2058	temporary operation permit within 6 months after the effective
2059	date of such rule. The department, upon receipt of a properly
2060	completed application, shall identify any department rules which
2061	are being violated by the facility and shall establish a
2062	compliance schedule. However, if the department determines that
2063	an imminent hazard exists, the department may take any necessary
2064	action pursuant to s. 403.726 to abate the hazard. The
2065	department shall issue a temporary operation permit to such
2066	facility within the time constraints of s. 120.60 upon
2067	submission of a properly completed application which is in
2068	conformance with this subsection. Temporary operation permits
2069	for such facilities shall be issued for up to 3 years only. Upon
2070	termination of the temporary operation permit and upon proper
2071	application by the facility owner or operator, the department
2072	shall issue an operation permit for such existing facilities if
2073	the applicant has corrected all of the deficiencies identified
2074	in the temporary operation permit and is in compliance with all
2075	other rules adopted pursuant to this act.
2076	(3)  Permit Applicants shall provide any information that
2077	which will enable the department to determine that the proposed
2078	construction, modification, operation, or closure, or corrective
2079	action will comply with this act and any applicable rules. In no
2080	instance shall any person construct, modify, operate, or close a
2081	facility or perform corrective actions at a facility in
2082	contravention of the standards, requirements, or criteria for a
2083	hazardous waste facility. Authorizations Permits issued under
2084	this section may include any permit conditions necessary to
2085	achieve compliance with applicable hazardous waste rules and
2086	necessary to protect human health and the environment.
2087	(4)  The department may require, in an a permit
2088	application, submission of information concerning matters
2089	specified in s. 403.721(6) as well as information respecting:
2090	(a)  Estimates of the composition, quantity, and
2091	concentration of any hazardous waste identified or listed under
2092	this act or combinations of any such waste and any other solid
2093	waste, proposed to be disposed of, treated, transported, or
2094	stored and the time, frequency, or rate at which such waste is
2095	proposed to be disposed of, treated, transported, or stored; and
2096	(b)  The site to which such hazardous waste or the products
2097	of treatment of such hazardous waste will be transported and at
2098	which it will be disposed of, treated, or stored.
2099	(5)  An authorization A permit issued pursuant to this
2100	section is not a vested right. The department may revoke or
2101	modify any such authorization permit.
2102	(a)  Authorizations Permits may be revoked for failure of
2103	the holder to comply with the provisions of this act, the terms
2104	of the authorization permit, the standards, requirements, or
2105	criteria adopted pursuant to this act, or an order of the
2106	department; for refusal by the holder to allow lawful
2107	inspection; for submission by the holder of false or inaccurate
2108	information in the permit application; or if necessary to
2109	protect the public health or the environment.
2110	(b)  Authorizations Permits may be modified, upon request
2111	of the holder permittee, if such modification is not in
2112	violation of this act or department rules or if the department
2113	finds the modification necessary to enable the facility to
2114	remain in compliance with this act and department rules.
2115	(c)  An owner or operator of a hazardous waste facility in
2116	existence on the effective date of a department rule changing an
2117	exemption or listing and identifying the hazardous wastes that
2118	which require that facility to be permitted who notifies the
2119	department pursuant to s. 403.72, and who has applied for a
2120	permit pursuant to subsection (2), may continue to operate until
2121	be issued a temporary operation permit. If such owner or
2122	operator intends to or is required to discontinue operation, the
2123	temporary operation permit must include final closure
2124	conditions.
2125	(6)  A hazardous waste facility permit issued pursuant to
2126	this section shall satisfy the permit requirements of s.
2127	403.707(1). The permit exemptions provided in s. 403.707(2)
2128	shall not apply to hazardous waste.
2129	(7)  The department may establish permit application
2130	procedures for hazardous waste facilities, which procedures may
2131	vary based on differences in amounts, types, and concentrations
2132	of hazardous waste and on differences in the size and location
2133	of facilities and which procedures may take into account
2134	permitting procedures of other laws not in conflict with this
2135	act.
2136	(8)  For authorizations permits required by this section,
2137	the department may require that a fee be paid and may establish,
2138	by rule, a fee schedule based on the degree of hazard and the
2139	amount and type of hazardous waste disposed of, stored, or
2140	treated at the facility.
2141	(9)  It shall not be a requirement for the issuance of such
2142	a hazardous waste authorization permit that the facility
2143	complies with an adopted local government comprehensive plan,
2144	local land use ordinances, zoning ordinances or regulations, or
2145	other local ordinances. However, such an authorization a permit
2146	issued by the department shall not override adopted local
2147	government comprehensive plans, local land use ordinances,
2148	zoning ordinances or regulations, or other local ordinances.
2149	(10)  Notwithstanding ss. 120.60(1) and 403.815:
2150	(a)  The time specified by law for permit review shall be
2151	tolled by the request of the department for publication of
2152	notice of proposed agency action to issue a permit for a
2153	hazardous waste treatment, storage, or disposal facility and
2154	shall resume 45 days after receipt by the department of proof of
2155	publication. If, within 45 days after publication of the notice
2156	of the proposed agency action, the department receives written
2157	notice of opposition to the intention of the agency to issue
2158	such permit and receives a request for a hearing, the department
2159	shall provide for a hearing pursuant to ss. 120.569 and 120.57,
2160	if requested by a substantially affected party, or an informal
2161	public meeting, if requested by any other person. The failure to
2162	request a hearing within 45 days after publication of the notice
2163	of the proposed agency action constitutes a waiver of the right
2164	to a hearing under ss. 120.569 and 120.57. The permit review
2165	time period shall continue to be tolled until the completion of
2166	such hearing or meeting and shall resume within 15 days after
2167	conclusion of a public hearing held on the application or within
2168	45 days after the recommended order is submitted to the agency
2169	and the parties, whichever is later.
2170	(b)  Within 60 days after receipt of an application for a
2171	hazardous waste facility permit, the department shall examine
2172	the application, notify the applicant of any apparent errors or
2173	omissions, and request any additional information the department
2174	is permitted by law to require. The failure to correct an error
2175	or omission or to supply additional information shall not be
2176	grounds for denial of the permit unless the department timely
2177	notified the applicant within the 60-day period, except that
2178	this paragraph does not prevent the department from denying an
2179	application if the department does not possess sufficient
2180	information to ensure that the facility is in compliance with
2181	applicable statutes and rules.
2182	(c)  The department shall approve or deny each hazardous
2183	waste facility permit within 135 days after receipt of the
2184	original application or after receipt of the requested
2185	additional information or correction of errors or omissions.
2186	However, the failure of the department to approve or deny within
2187	the 135-day time period does not result in the automatic
2188	approval or denial of the permit and does not prevent the
2189	inclusion of specific permit conditions which are necessary to
2190	ensure compliance with applicable statutes and rules. If the
2191	department fails to approve or deny the permit within the 135-
2192	day period, the applicant may petition for a writ of mandamus to
2193	compel the department to act consistently with applicable
2194	regulatory requirements.
2195	(11)  Hazardous waste facility operation permits shall be
2196	issued for no more than 5 years.
2197	(12)  On the same day of filing with the department of an
2198	application for a permit for the construction modification, or
2199	operation of a hazardous waste facility, the applicant shall
2200	notify each city and county within 1 mile of the facility of the
2201	filing of the application and shall publish notice of the filing
2202	of the application. The applicant shall publish a second notice
2203	of the filing within 14 days after the date of filing. Each
2204	notice shall be published in a newspaper of general circulation
2205	in the county in which the facility is located or is proposed to
2206	be located. Notwithstanding the provisions of chapter 50, for
2207	purposes of this section, a "newspaper of general circulation"
2208	shall be the newspaper within the county in which the
2209	installation or facility is proposed which has the largest daily
2210	circulation in that county and has its principal office in that
2211	county. If the newspaper with the largest daily circulation has
2212	its principal office outside the county, the notice shall appear
2213	in both the newspaper with the largest daily circulation in that
2214	county, and a newspaper authorized to publish legal notices in
2215	that county. The notice shall contain:
2216	(a)  The name of the applicant and a brief description of
2217	the project and its location.
2218	(b)  The location of the application file and when it is
2219	available for public inspection.
2220
2221	The notice shall be prepared by the applicant and shall comply
2222	with the following format:
2223
2224	Notice of Application
2225
2226	The Department of Environmental Protection announces receipt of
2227	an application for a permit from (name of applicant) to (brief
2228	description of project). This proposed project will be located
2229	at (location) in (county) (city).
2230
2231	This application is being processed and is available for public
2232	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
2233	Monday through Friday, except legal holidays, at (name and
2234	address of office).
2235
2236	(13)  A permit for the construction, modification, or
2237	operation of a hazardous waste facility which initially was
2238	issued under authority of this section, may not be transferred
2239	by the permittee to any other entity, except in conformity with
2240	the requirements of this subsection.
2241	(a)  At least 30 days prior to the sale or legal transfer
2242	of a permitted facility, the permittee shall file with the
2243	department an application for transfer of the permits on such
2244	form as the department shall establish by rule. The form must be
2245	completed with the notarized signatures of both the transferring
2246	permittee and the proposed permittee.
2247	(b)  The department shall approve the transfer of a permit
2248	unless it determines that the proposed permittee has not
2249	provided reasonable assurances that the proposed permittee has
2250	the administrative, technical, and financial capability to
2251	properly satisfy the requirements and conditions of the permit,
2252	as determined by department rule. The determination shall be
2253	limited solely to the ability of the proposed permittee to
2254	comply with the conditions of the existing permit, and it shall
2255	not concern the adequacy of the permit conditions. If the
2256	department proposes to deny the transfer, it shall provide both
2257	the transferring permittee and the proposed permittee a written
2258	objection to such transfer together with notice of a right to
2259	request a proceeding on such determination under chapter 120.
2260	(c)  Within 90 days after receiving a properly completed
2261	application for transfer of permit, the department shall issue a
2262	final determination. The department may toll the time for making
2263	a determination on the transfer by notifying both the
2264	transferring permittee and the proposed permittee that
2265	additional information is required to adequately review the
2266	transfer request. Such notification shall be served within 30
2267	days after receipt of an application for transfer of permit,
2268	completed pursuant to paragraph (a). However, the failure of the
2269	department to approve or deny within the 90-day time period does
2270	not result in the automatic approval or denial of the transfer.
2271	If the department fails to approve or deny the transfer within
2272	the 90-day period, the applicant may petition for a writ of
2273	mandamus to compel the department to act consistently with
2274	applicable regulatory requirements.
2275	(d)  The transferring permittee is encouraged to apply for
2276	a permit transfer well in advance of the sale or legal transfer
2277	of a permitted facility. However, the transfer or the permit
2278	shall not be effective prior to the sale or legal transfer of
2279	the facility.
2280	(e)  Until the transfer of the permit is approved by the
2281	department, the transferring permittee and any other person
2282	constructing, operating, or maintaining the permitted facility
2283	shall be liable for compliance with the terms of the permit.
2284	Nothing in this section shall relieve the transferring permittee
2285	of liability for corrective actions that may be required as a
2286	result of any violations occurring prior to the legal transfer
2287	of the permit.
2288	Section 26.  Subsection (2) of section 403.7226, Florida
2289	Statutes, is amended to read:
2290	403.7226  Technical assistance by the department.--The
2291	department shall:
2292	(2)  Identify short-term needs and long-term needs for
2293	hazardous waste management for the state on the basis of the
2294	information gathered through the local hazardous waste
2295	management assessments and other information from state and
2296	federal regulatory agencies and sources. The state needs
2297	assessment must be ongoing and must be updated when new data
2298	concerning waste generation and waste management technologies
2299	become available. The department shall annually send a copy of
2300	this assessment to the Governor and to the Legislature.
2301	Section 27.  Subsection (3) of section 403.724, Florida
2302	Statutes, is amended to read:
2303	403.724  Financial responsibility.--
2304	(3)  The amount of financial responsibility required shall
2305	be approved by the department upon each issuance, renewal, or
2306	modification of a hazardous waste facility authorization permit.
2307	Such factors as inflation rates and changes in operation may be
2308	considered when approving financial responsibility for the
2309	duration of the authorization permit. The Office of Insurance
2310	Regulation of the Department of Financial Services Commission
2311	shall be available to assist the department in making this
2312	determination. In approving or modifying the amount of financial
2313	responsibility, the department shall consider:
2314	(a)  The amount and type of hazardous waste involved;
2315	(b)  The probable damage to human health and the
2316	environment;
2317	(c)  The danger and probable damage to private and public
2318	property near the facility;
2319	(d)  The probable time that the hazardous waste and
2320	facility involved will endanger the public health, safety, and
2321	welfare or the environment; and
2322	(e)  The probable costs of properly closing the facility
2323	and performing corrective action.
2324	Section 28.  Section 403.7255, Florida Statutes, is amended
2325	to read:
2326	403.7255  Placement of signs Department to adopt rules.--
2327	(1)  The department shall adopt rules which establish
2328	requirements and procedures for the placement of Signs must be
2329	placed by the owner or operator at sites which may have been
2330	contaminated by hazardous wastes. Sites shall include any site
2331	in the state which that is listed or proposed for listing on the
2332	Superfund Site List of the United States Environmental
2333	Protection Agency or any site identified by the department as a
2334	suspected or confirmed contaminated site contaminated by
2335	hazardous waste where there is may be a risk of exposure to the
2336	public. The requirements of this section shall not apply to
2337	sites reported under ss. 376.3071 and 376.3072. The department
2338	shall establish requirements and procedures for the placement of
2339	signs, and may do so in rules, permits, orders, or other
2340	authorizations. The authorization rules shall establish the
2341	appropriate size for such signs, which size shall be no smaller
2342	than 2 feet by 2 feet, and shall provide in clearly legible
2343	print appropriate warning language for the waste or other
2344	materials at the site and a telephone number which may be called
2345	for further information.
2346	(2)  Violations of this act are punishable as provided in
2347	s. 403.161(4).
2348	(3)  The provisions of this act are independent of and
2349	cumulative to any other requirements and remedies in this
2350	chapter or chapter 376, or any rules promulgated thereunder.
2351	Section 29.  Subsection (5) of section 403.726, Florida
2352	Statutes, is amended to read:
2353	403.726  Abatement of imminent hazard caused by hazardous
2354	substance.--
2355	(5)  The department may issue a permit or order requiring
2356	prompt abatement of an imminent hazard.
2357	Section 30.  Subsection (8) of section 403.7265, Florida
2358	Statutes, is amended to read:
2359	403.7265  Local hazardous waste collection program.--
2360	(8)  The department has the authority to establish an
2361	additional local project grant program enabling a local
2362	hazardous waste collection center grantee to receive funding for
2363	unique projects that improve the collection and lower the
2364	incidence of improper management of conditionally exempt or
2365	household hazardous waste. Eligible local governments may
2366	receive up to $50,000 in grant funds for these unique and
2367	innovative projects, provided they match 25 percent of the grant
2368	amount. If the department finds that the project has statewide
2369	applicability and immediate benefits to other local hazardous
2370	waste collection programs in the state, matching funds are not
2371	required. This grant will not count toward the $100,000 maximum
2372	grant amount for development of a collection center.
2373	Section 31.  Section 403.885, Florida Statutes, is amended
2374	to read:
2375	403.885  Water Projects Stormwater management; wastewater
2376	management; and Water Restoration Grant Program.--
2377	(1)  The Department of Environmental Protection shall
2378	administer a grant program to use funds transferred pursuant to
2379	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
2380	or other moneys as appropriated by the Legislature for
2381	stormwater management, wastewater management, and water
2382	restoration, and other water projects as specifically
2383	appropriated by the Legislature project grants. Eligible
2384	recipients of such grants include counties, municipalities,
2385	water management districts, and special districts that have
2386	legal responsibilities for water quality improvement, water
2387	management, storm water management, wastewater management, and
2388	lake and river water restoration projects. Drinking water
2389	projects are not eligible for funding pursuant to this section.
2390	(2)  The grant program shall provide for the evaluation of
2391	annual grant proposals. The department shall evaluate such
2392	proposals to determine if they:
2393	(a)  Protect public health and the environment.
2394	(b)  Implement plans developed pursuant to the Surface
2395	Water Improvement and Management Act created in part IV of
2396	chapter 373, other water restoration plans required by law,
2397	management plans prepared pursuant to s. 403.067, or other plans
2398	adopted by local government for water quality improvement and
2399	water restoration.
2400	(3)  In addition to meeting the criteria in subsection (2),
2401	annual grant proposals must also meet the following
2402	requirements:
2403	(a)  An application for a stormwater management project may
2404	be funded only if the application is approved by the water
2405	management district with jurisdiction in the project area.
2406	District approval must be based on a determination that the
2407	project provides a benefit to a priority water body.
2408	(b)  Except as provided in paragraph (c), an application
2409	for a wastewater management project may be funded only if:
2410	1.  The project has been funded previously through a line
2411	item in the General Appropriations Act; and
2412	2.  The project is under construction.
2413	(c)  An application for a wastewater management project
2414	that would qualify as a water pollution control project and
2415	activity in s. 403.1838 may be funded only if the project
2416	sponsor has submitted an application to the department for
2417	funding pursuant to that section.
2418	(4)  All project applicants must provide local matching
2419	funds as follows:
2420	(a)  An applicant for state funding of a stormwater
2421	management project shall provide local matching funds equal to
2422	at least 50 percent of the total cost of the project; and
2423	(b)  An applicant for state funding of a wastewater
2424	management project shall provide matching funds equal to at
2425	least 25 percent of the total cost of the project.
2426
2427	The requirement for matching funds may be waived if the
2428	applicant is a financially disadvantaged small local government
2429	as defined in subsection (5).
2430	(5)  Each fiscal year, at least 20 percent of the funds
2431	available pursuant to this section shall be used for projects to
2432	assist financially disadvantaged small local governments. For
2433	purposes of this section, the term "financially disadvantaged
2434	small local government" means a municipality having a population
2435	of 7,500 or less, a county having a population of 35,000 or
2436	less, according to the latest decennial census and a per capita
2437	annual income less than the state per capita annual income as
2438	determined by the United States Department of Commerce, or a
2439	county in an area designated by the Governor as a rural area of
2440	critical economic concern pursuant to s. 288.0656. Grants made
2441	to these eligible local governments shall not require matching
2442	local funds.
2443	(6)  Each year, stormwater management and wastewater
2444	management projects submitted for funding through the
2445	legislative process shall be submitted to the department by the
2446	appropriate fiscal committees of the House of Representatives
2447	and the Senate. The department shall review the projects and
2448	must provide each fiscal committee with a list of projects that
2449	appear to meet the eligibility requirements under this grant
2450	program.
2451	Section 32.  Paragraph (e) of subsection (3) of section
2452	373.1961, Florida Statutes, is amended to read:
2453	373.1961  Water production; general powers and duties;
2454	identification of needs; funding criteria; economic incentives;
2455	reuse funding.--
2456	(3)  FUNDING.--
2457	(e)  Applicants for projects that may receive funding
2458	assistance pursuant to the Water Protection and Sustainability
2459	Program shall, at a minimum, be required to pay 60 percent of
2460	the project's construction costs. The water management districts
2461	may, at their discretion, totally or partially waive this
2462	requirement for projects sponsored by financially disadvantaged
2463	small local governments as defined in s. 403.885(4). The water
2464	management districts or basin boards may, at their discretion,
2465	use ad valorem or federal revenues to assist a project applicant
2466	in meeting the requirements of this paragraph.
2467	Section 33.  Sections 403.7075, 403.756, 403.78, 403.781,
2468	403.782, 403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
2469	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
2470	403.789, 403.7891, 403.7892, 403.7893, and 403.7895, Florida
2471	Statutes, are repealed.
2472	Section 34.  (1)(a)  The Department of Environmental
2473	Protection shall conduct a study to determine the various
2474	sources of nitrogen input into the Wekiva River and associated
2475	springs contributing water to the river. The Department of
2476	Environmental Protection shall prepare a report recommending
2477	actions to be taken by the Department of Environmental
2478	Protection and the St. Johns Water Management District that will
2479	provide the best use of economic resources to reduce nitrogen
2480	input into the river and associated springs.
2481	(b)  The Department of Health shall contract with an
2482	independent entity for a study to determine the sources of
2483	nitrogen input from onsite sewage treatment and disposal systems
2484	into the Wekiva River and associated springs. The study shall
2485	measure the concentration of nitrates in the soil 10 feet and 20
2486	feet below the drainfield of the onsite sewage treatment and
2487	disposal systems. The contract shall require the entity to
2488	submit a report to the Department of Health describing the
2489	locations of such sources and the nitrate amounts contributed by
2490	such sources and containing recommendations to reduce or
2491	eliminate nitrogen input from such sources. Rulemaking required
2492	by s. 369.318(2), Florida Statutes, shall be suspended until the
2493	completion of this study.
2494	(c)  The Department of Environmental Protection and the
2495	Department of Health shall submit copies of the reports to the
2496	President of the Senate and the Speaker of the House of
2497	Representatives before the 2007 Regular Session of the
2498	Legislature.
2499	(2)  The Department of Health shall develop rules for a
2500	model proposal for the operation and maintenance of onsite
2501	sewage treatment and disposal systems within the Wekiva Study
2502	Area or the Wekiva River Protection Area. At a minimum, the
2503	rules shall require each property owner in the Wekiva Study Area
2504	or the Wekiva River Protection Area that has an onsite sewage
2505	treatment and disposal system to pump out the system at least
2506	once every 5 years.
2507	(3)  The sum of $250,000 is appropriated from the General
2508	Revenue Fund to the Department of Environmental Protection for
2509	the 2006-2007 fiscal year to be used by the department to
2510	conduct the study required under paragraph (1)(a).
2511	(4)  The sum of $250,000 is appropriated from the General
2512	Revenue Fund to the Department of Health for the 2006-2007
2513	fiscal year to be used by the department to contract for the
2514	independent study required under paragraph (1)(b).
2515	Section 35.  This act shall take effect July 1, 2006.

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