Senate Bill sb2052c2

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    By the Committees on General Government Appropriations; and
    Environmental Preservation and Conservation




    601-2405-07

  1                      A bill to be entitled

  2         An act relating to environmental protection;

  3         amending s. 320.08058, F.S.; requiring that the

  4         proceeds of the fees paid for Wildflower

  5         license plates be distributed to the Florida

  6         Wildflower Foundation, Inc.; specifying uses of

  7         the proceeds; requiring that such proceeds be

  8         distributed to the Department of Agriculture

  9         and Consumer Services under certain

10         circumstances; amending s. 403.413, F.S.;

11         clarifying who is liable for dumping under the

12         Florida Litter Law; amending s. 403.4131, F.S.;

13         deleting the provisions relating to Keep

14         Florida Beautiful, Inc.; encouraging additional

15         counties to develop a regional approach to

16         coordinating litter control and prevention

17         programs; deleting certain requirements for

18         litter reduction and a litter survey; deleting

19         the provisions relating to the Wildflower

20         Advisory Council; amending s. 403.41315, F.S.;

21         conforming provisions to changes made to the

22         Keep Florida Beautiful, Inc., program; amending

23         s. 403.4133, F.S.; placing the Adopt-a-Shore

24         Program within the Department of Environmental

25         Protection; amending s. 403.703, F.S.;

26         reordering definitions in alphabetical order;

27         clarifying certain definitions and deleting

28         definitions that are not used; amending s.

29         403.704, F.S.; deleting obsolete provisions

30         relating to the state solid waste management

31         program; amending s. 403.7043, F.S.; deleting

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 1         obsolete and conflicting provisions relating to

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

 3         prohibiting the regulation of industrial

 4         byproducts under certain circumstances;

 5         conforming a cross-reference; clarifying

 6         provisions governing dredged material; amending

 7         s. 403.705, F.S., relating to the state solid

 8         waste management program; conforming a

 9         cross-reference; amending s. 403.7061, F.S.;

10         authorizing the Department of Environmental

11         Protection to initiate rulemaking regarding

12         waste-to-energy facilities; deleting a

13         requirement to initiate such rulemaking;

14         amending s. 403.707, F.S.; authorizing the

15         Department of Environmental Preservation to

16         exempt certain facilities from the requirement

17         for a permit; authorizing the department to

18         include certain licenses in a permit; deleting

19         certain obsolete provisions; removing a

20         requirement concerning groundwater monitoring

21         of certain facilities; extending the time

22         period for a public hearing when a local

23         government seeks to exempt certain material

24         from the definition of construction and

25         demolition debris; specifying conditions,

26         following the transfer of ownership or control

27         of a solid waste facility, which must be met

28         before the transferee may operate the facility;

29         specifying criteria concerning an application

30         to the Department of Environmental Protection

31         to transfer an operating permit for a solid

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 1         waste facility; specifying responsibilities for

 2         complying with permit requirements, including

 3         financial-assurance requirements, when

 4         ownership or control of a solid waste facility

 5         is transferred; authorizing rulemaking by the

 6         department; creating s. 403.7071, F.S.;

 7         providing for the management and disposal of

 8         certain storm-generated debris; amending s.

 9         403.708, F.S.; deleting obsolete provisions and

10         clarifying provisions governing landfills;

11         amending s. 403.709, F.S.; revising the

12         provisions relating to the distribution of the

13         waste tire fees for litter prevention and

14         control; providing for expiration and

15         enforcement of a lien on real property

16         concerning compliance with waste-tire

17         requirements; amending s. 403.7095, F.S.,

18         relating to the solid waste management grant

19         program; specifying what constitutes an

20         innovative grant; conforming a cross-reference;

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

22         definitions that appear elsewhere in law;

23         clarifying requirements concerning financial

24         assurance for closure of a landfill; amending

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

26         to the training and employment of certain

27         facility operators; amending s. 403.717, F.S.;

28         clarifying provisions relating to waste tires

29         and the processing of waste tires;

30         transferring, renumbering, and amending s.

31         403.7221, F.S.; increasing the duration of

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 1         certain research, development, and

 2         demonstration permits; authorizing issuance of

 3         such a permit to a hazardous waste management

 4         facility; amending s. 403.722, F.S.; clarifying

 5         provisions relating to who is required to

 6         obtain certain hazardous waste permits;

 7         providing for operation or closure of certain

 8         existing facilities that must, due to a rule

 9         change, be permitted as hazardous waste

10         facilities; amending s. 403.7226, F.S.;

11         deleting a requirement to submit an annual

12         state assessment concerning needs for hazardous

13         waste management; amending s. 403.724, F.S.;

14         clarifying certain financial-assurance

15         provisions; amending s. 403.7255, F.S.;

16         revising requirements regarding signs to notify

17         the public about hazardous waste contamination

18         of certain sites; amending s. 403.726, F.S.;

19         authorizing the Department of Environmental

20         Protection to issue an order to abate certain

21         hazards; amending s. 403.7265, F.S.; deleting

22         provisions requiring a statewide local

23         hazardous waste management plan; requiring a

24         local government to provide matching funds for

25         grants concerning conditionally exempt or

26         household hazardous waste under certain

27         conditions; repealing s. 403.7075, F.S.,

28         relating to the submission of a plan or

29         application for certain permits for a solid

30         waste management facility; repealing s.

31         403.756, F.S., relating to an annual used-oil

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 1         report; repealing s. 403.7895, F.S., relating

 2         to permitting and a certification of need for a

 3         commercial hazardous waste incinerator;

 4         repealing ss. 403.78, 403.781, 403.782,

 5         403.783, 403.784, 403.7841, 403.7842, 403.785,

 6         403.786, 403.787, 403.7871, 403.7872, 403.7873,

 7         403.788, 403.7881, 403.789, 403.7891, 403.7892,

 8         and 403.7893, F.S., relating to the Statewide

 9         Multipurpose Hazardous Waste Facility Siting

10         Act; providing an effective date.

11  

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

13  

14         Section 1.  Subsection (28) of section 320.08058,

15  Florida Statutes, is amended to read:

16         320.08058  Specialty license plates.--

17         (28)  FLORIDA WILDFLOWER LICENSE PLATES.--

18         (a)  The department shall develop a Florida Wildflower

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

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

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

22  plate.

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

24  Florida Wildflower Foundation, Inc., a nonprofit corporation

25  under s. 501(c)(3) of the Internal Revenue Code Wildflower

26  Account established by Keep Florida Beautiful, Inc., created

27  by s. 403.4131. The proceeds must be used to establish native

28  Florida wildflower research programs, wildflower educational

29  programs, and wildflower grant programs to municipal, county,

30  and community-based groups in this state.

31  

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 1         1.  The Florida Wildflower Foundation, Inc., shall

 2  develop procedures of operation, research contracts, education

 3  and marketing programs, and wildflower-planting grants for

 4  Florida native wildflowers, plants, and grasses.

 5         2.  A maximum of 15 10 percent of the proceeds from the

 6  sale of such plates may be used for administrative and

 7  marketing costs.

 8         3.  If the Florida Wildflower Foundation, Inc., ceases

 9  to be an active nonprofit corporation under s. 501(c)(3) of

10  the Internal Revenue Code, the proceeds from the annual use

11  fee shall be deposited into the General Inspection Trust Fund

12  created within the Department of Agriculture and Consumer

13  Services. Any funds held by the Florida Wildflower Foundation,

14  Inc., must be promptly transferred to the General Inspection

15  Trust Fund. The Department of Agriculture and Consumer

16  Services shall use and administer the proceeds from the use

17  fee in the manner specified in this paragraph.

18         Section 2.  Subsection (4) of section 403.413, Florida

19  Statutes, is amended to read:

20         403.413  Florida Litter Law.--

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

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

23  dump litter in any manner or amount:

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

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

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

27  areas lawfully provided therefor.  When any litter is thrown

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

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

30  this section;

31  

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

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

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

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

 5  violation of this section; or

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

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

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

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

10  rule, or regulation.

11         Section 3.  Section 403.4131, Florida Statutes, is

12  amended to read:

13         403.4131  Litter control "Keep Florida Beautiful,

14  Incorporated"; placement of signs.--

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

16  coordinated effort of interested businesses, environmental and

17  civic organizations, and state and local agencies of

18  government be developed to plan for and assist in implementing

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

20  and that the state provide financial assistance for the

21  establishment of a nonprofit organization with the name of

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

23  registered, incorporated, and operated in compliance with

24  chapter 617.  This nonprofit organization shall coordinate the

25  statewide campaign and operate as the grassroots arm of the

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

27  volunteer-based community programs.  The organization shall be

28  dedicated to helping Florida and its local communities solve

29  solid waste problems, to developing and implementing a

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

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

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

 2  Florida Beautiful, Incorporated, in cooperation with the

 3  Environmental Education Foundation, shall strive to educate

 4  citizens, visitors, and businesses about the important

 5  relationship between the state's environment and economy.

 6  Keep Florida Beautiful, Incorporated, is encouraged to explore

 7  and identify economic incentives to improve environmental

 8  initiatives in the area of solid waste management. The

 9  membership of the board of directors of this nonprofit

10  organization may include representatives of the following

11  organizations: the Florida League of Cities, the Florida

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

13  Chapter of the National Solid Waste Management Association,

14  the Florida Recyclers Association, the Center for Marine

15  Conservation, Chapter of the Sierra Club, the Associated

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

17  Florida Petroleum Council, the Retail Grocers Association of

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

19  Association, the Florida Automobile Dealers Association, the

20  Beer Industries of Florida, the Florida Beer Wholesalers

21  Association, and the Distilled Spirits Wholesalers.

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

23  civic, environmental, and other organizations, Keep Florida

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

25  its local communities by contracting for the development of a

26  highly visible antilitter campaign that, at a minimum,

27  includes:

28         (a)  Coordinating with the Center for Marine

29  Conservation and the Center for Solid and Hazardous Waste

30  Management to identify components of the marine debris and

31  litter stream and groups that habitually litter.

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 1         (b)  Designing appropriate advertising to promote the

 2  proper management of solid waste, with emphasis on educating

 3  groups that habitually litter.

 4         (c)  Fostering public awareness and striving to build

 5  an environmental ethic in this state through the development

 6  of educational programs that result in an understanding and in

 7  action on the part of individuals and organizations about the

 8  role they must play in preventing litter and protecting

 9  Florida's environment.

10         (d)  Developing educational programs and materials that

11  promote the proper management of solid waste, including the

12  proper disposal of litter.

13         (e)  Administering grants provided by the state.

14  Grants authorized under this section shall be subject to

15  normal department audit procedures and review.

16         (1)(3)  The Department of Transportation shall

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

18  organizations to be identified with specific highway cleanup

19  and highway beautification projects authorized under s.

20  339.2405 and shall coordinate such efforts with Keep Florida

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

22  and the Legislature on the progress achieved and the savings

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

24  shall also monitor and report on compliance with provisions of

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

26  participate in the program comply with the goals identified by

27  the department.

28         (2)(4)  The Department of Transportation shall place

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

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

31  highway signs as necessary to discourage littering through use

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 1  of the antilitter program developed by Keep Florida Beautiful,

 2  Incorporated.

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

 4  control and prevention program or to expand upon its existing

 5  program.  The department shall establish a system of grants

 6  for municipalities and counties to implement litter control

 7  and prevention programs.  In addition to the activities

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

 9  used for litter cleanup, grassroots educational programs

10  involving litter removal and prevention, and the placement of

11  litter and recycling receptacles. Counties are encouraged to

12  form working public private partnerships as authorized under

13  this section to implement litter control and prevention

14  programs at the community level. The grants authorized

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

16  recycling and education grants. Counties that have a

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

18  regional approach to administering and coordinating their

19  litter control and prevention programs.

20         (6)  The department may contract with Keep Florida

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

22  this section.  All contracts authorized under this section are

23  subject to normal department audit procedures and review.

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

25  program, those local governments and community programs

26  receiving grants for litter prevention and control must use

27  the official State of Florida litter control or campaign

28  symbol adopted by Keep Florida Beautiful, Incorporated, for

29  use on various receptacles and program material.

30         (8)  The Legislature establishes a litter reduction

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

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

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

 3  Center for Solid and Hazardous Waste Management.  The center

 4  shall consider existing litter survey methodologies.

 5         (9)  The Department of Environmental Protection shall

 6  contract with the Center for Solid and Hazardous Waste

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

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

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

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

11  Representatives from the university system, business,

12  government, and the environmental community shall be

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

14  authority on implementing and conducting the survey rests with

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

16  baseline by measuring the amount of current litter and marine

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

18  reduction in the amount of litter and marine debris to

19  determine the progress toward the litter reduction goal

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

21  surveys are to be conducted and must also include a

22  methodology for measuring the reduction in the amount of

23  litter and for determining progress toward the litter

24  reduction goal established in subsection (8).

25         (10)(a)  There is created within Keep Florida

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

27  of a maximum of nine members to direct and oversee the

28  expenditure of the Wildflower Account. The Wildflower Advisory

29  Council shall include a representative from the University of

30  Florida Institute of Food and Agricultural Sciences, the

31  Florida Department of Transportation, and the Florida

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 1  Department of Environmental Protection, the Florida League of

 2  Cities, and the Florida Association of Counties. Other members

 3  of the committee may include representatives from the Florida

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

 5  Florida Chapter of the American Society of Landscape

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

 7  Gardener's Program.

 8         (b)  The Wildflower Advisory Council shall develop

 9  procedures of operation, research contracts, educational

10  programs, and wildflower planting grants for Florida native

11  wildflowers, plants, and grasses. The council shall also make

12  the final determination of what constitutes acceptable species

13  of wildflowers and other plantings supported by these

14  programs.

15         Section 4.  Paragraphs (a) and (j) of subsection (2) of

16  section 403.41315, Florida Statutes, are amended to read:

17         403.41315  Comprehensive illegal dumping, litter, and

18  marine debris control and prevention.--

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

20  marine debris control and prevention program at a minimum must

21  include the following:

22         (a)  A local statewide public awareness and educational

23  campaign, coordinated by Keep Florida Beautiful, Incorporated,

24  to educate individuals, government, businesses, and other

25  organizations concerning the role they must assume in

26  preventing and controlling litter.

27         (j)  Other educational programs that are implemented at

28  the grassroots level coordinated through Keep Florida

29  Beautiful, Inc., involving volunteers and community programs

30  that clean up and prevent litter, including Youth Conservation

31  Corps activities.

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 1         Section 5.  Subsection (2) of section 403.4133, Florida

 2  Statutes, is amended to read:

 3         403.4133  Adopt-a-Shore Program.--

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

 5  the Department of Environmental Protection nonprofit

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

 7  Beautiful, Incorporated.  The program shall be designed to

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

 9  of litter prevention and shall include approaches and

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

11         Section 6.  Section 403.703, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section.  See

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

15         403.703  Definitions.--As used in this part, the term:

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

17  department rule governing solid waste combustors which defines

18  the term.

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

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

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

22  and body parts; laboratory and veterinary waste that contains

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

24  human blood and human blood products and body fluids; and

25  other materials that in the opinion of the Department of

26  Health represent a significant risk of infection to persons

27  outside the generating facility. The term does not include

28  human remains that are disposed of by persons licensed under

29  chapter 497.

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

31  or has the capability of causing disease or infection and

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

 2  dead animals, and other wastes capable of transmitting

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

 4  human remains that are disposed of by persons licensed under

 5  chapter 497.

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

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

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

 9  likely to retain its physical and chemical structure under

10  expected conditions of disposal or use. The term includes

11  uncontaminated concrete, including embedded pipe or steel,

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

13  department.

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

15  solid waste management facility and the act of securing such

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

17  health or the environment and includes long-term monitoring

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

19         (6)  "Construction and demolition debris" means

20  discarded materials generally considered to be not

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

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

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

24  construction or destruction of a structure as part of a

25  construction or demolition project or from the renovation of a

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

27  other vegetative matter that normally results from land

28  clearing or land-development operations for a construction

29  project, including such debris from construction of structures

30  at a site remote from the construction or demolition project

31  site. Mixing of construction and demolition debris with other

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

 2  classified as other than construction and demolition debris.

 3  The term also includes:

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

 5  scraps from a construction project;

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

 7  and unpainted, nontreated wood scraps and wood pallets from

 8  sources other than construction or demolition projects;

 9         (c)  Scrap from manufacturing facilities which is the

10  type of material generally used in construction projects and

11  which would meet the definition of construction and demolition

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

13  demolition project. This includes debris from the construction

14  of manufactured homes and scrap shingles, wallboard, siding

15  concrete, and similar materials from industrial or commercial

16  facilities; and

17         (d)  De minimis amounts of other nonhazardous wastes

18  that are generated at construction or destruction projects,

19  provided such amounts are consistent with best management

20  practices of the industry.

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

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

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

24  applies, means a special district or other entity.

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

26  Protection or any successor agency performing a like function.

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

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

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

30  that such solid waste or hazardous waste or any constituent

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

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 1  discharged into any waters, including groundwaters, or

 2  otherwise enter the environment.

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

 4  producing solid or hazardous waste.

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

 6  owner or operator, who provides evidence of financial

 7  responsibility for an owner or operator under this part.

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

 9  defined as a hazardous substance in the United States

10  Comprehensive Environmental Response, Compensation, and

11  Liability Act of 1980, 94 Stat. 2767.

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

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

14  concentration, or physical, chemical, or infectious

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

16  increase in mortality or an increase in serious irreversible

17  or incapacitating reversible illness or may pose a substantial

18  present or potential hazard to human health or the environment

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

20  otherwise managed. The term does not include human remains

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

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

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

24  is disposed of, stored, or treated.

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

26  control of the collection, source separation, storage,

27  transportation, processing, treatment, recovery, recycling,

28  and disposal of hazardous waste.

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

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

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

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

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

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

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

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

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

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

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

 9  or a facility for the disposal of construction and demolition

10  debris.

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

12  for identifying the concentration, quantity, composition,

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

14  transportation from the point of generation to the point of

15  disposal, storage, or treatment.

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

17  management facility that provides for the extraction from

18  solid waste of recyclable materials, materials suitable for

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

20  materials.

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

22  municipality created pursuant to general or special law

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

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

25  means a special district or other entity.

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

27  management facility, means the disposal, storage, or

28  processing of solid waste at and by the facility.

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

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

31  any municipal or private corporation organized or existing

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

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

 3  Federal Government.

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

 5  change the physical, chemical, or biological character or

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

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

 8  for disposal; or reduced in volume or concentration.

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

10  plastic, textile, or rubber materials that have known

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

12  diverted and source separated or have been removed from the

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

14  whether or not the materials require subsequent processing or

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

16  materials destined for any use that constitutes disposal.

17  Recovered materials as described in this subsection are not

18  solid waste.

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

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

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

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

23  403.7045(1)(e).

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

25  are capable of being recycled and that would otherwise be

26  processed or disposed of as solid waste.

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

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

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

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

31  

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

 2  recovering materials or energy from solid waste, excluding

 3  those materials or solid waste under the control of the

 4  Nuclear Regulatory Commission.

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

 6  machinery exclusively and integrally used in the actual

 7  process of recovering material or energy resources from solid

 8  waste.

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

10  residues, and precipitates generated as a result of waste

11  treatment or processing, including wastewater treatment,

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

13  control facility, and mixed liquids and solids pumped from

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

15  appurtenances.

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

17  require special handling and management, including, but not

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

19  batteries, construction and demolition debris, ash residue,

20  yard trash, and biological wastes.

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

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

23  treatment works, water supply treatment plant, or air

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

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

26  liquid, semisolid, or contained gaseous material resulting

27  from domestic, industrial, commercial, mining, agricultural,

28  or governmental operations. Recovered materials as defined in

29  subsection (24) are not solid waste.

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

31  waste management facility that is the final resting place for

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 1  solid waste, including landfills and incineration facilities

 2  that produce ash from the process of incinerating municipal

 3  solid waste.

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

 5  which solid waste is collected, transported, stored,

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

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

 8  which includes closure.

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

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

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

12  which is resource recovery or the disposal, recycling,

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

14  include recovered materials processing facilities that meet

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

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

17  waste.

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

19  materials are separated from solid waste at the location where

20  the recovered materials and solid waste are generated. The

21  term does not require that various types of recovered

22  materials be separated from each other, and recognizes de

23  minimis solid waste, in accordance with industry standards and

24  practices, may be included in the recovered materials.

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

26  types of recovered materials are deposited in combination with

27  each other in a commercial collection container located where

28  the materials are generated and when such materials contain

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

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

31  

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

 2  textiles, and rubber.

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

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

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

 6  such hazardous waste.

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

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

 9  to a processing or disposal facility.

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

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

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

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

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

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

16  including neutralization, which is designed to change the

17  physical, chemical, or biological character or composition of

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

19  nonhazardous, safe for transport, amenable to recovery,

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

21  concentration.  The term includes any activity or processing

22  that is designed to change the physical form or chemical

23  composition of hazardous waste so as to render it

24  nonhazardous.

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

26  pulverizers, compactors, shredding and baling plants,

27  composting plants, and other plants that accept and process

28  solid waste for recycling or disposal.

29         (42)  "White goods" includes discarded air

30  conditioners, heaters, refrigerators, ranges, water heaters,

31  

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 1  freezers, and other similar domestic and commercial large

 2  appliances.

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

 4  from landscaping maintenance and land clearing operations and

 5  includes associated rocks and soils.

 6         Section 7.  Section 403.704, Florida Statutes, is

 7  amended to read:

 8         403.704  Powers and duties of the department.--The

 9  department shall have responsibility for the implementation

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

11  other powers and duties, the department shall:

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

13  governments, a state solid waste management program, as

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

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

16  management program, the department shall hold public hearings

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

18  to all local governments and regional planning agencies.

19         (2)  Provide technical assistance to counties,

20  municipalities, and other persons, and cooperate with

21  appropriate federal agencies and private organizations in

22  carrying out the provisions of this act.

23         (3)  Promote the planning and application of recycling

24  and resource recovery systems which preserve and enhance the

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

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

27  development of regional solid waste management facilities.

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

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

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

31  

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 1         (5)  Use private industry or the State University

 2  System through contractual arrangements for implementation of

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

 4  management program and for such other activities as may be

 5  considered necessary, desirable, or convenient.

 6         (6)  Encourage recycling and resource recovery as a

 7  source of energy and materials.

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

 9  development within the state of industries and commercial

10  enterprises which are based upon resource recovery, recycling,

11  and reuse of solid waste.

12         (8)  Charge reasonable fees for any services it

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

14  uniformly within each municipality or county to all users who

15  are provided with solid waste management services.

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

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

18  for the purpose of providing sites for solid waste management

19  facilities.

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

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

22  solid waste management facilities as are called for by the

23  state solid waste management program.

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

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

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

27  facilities, which funds or revenues shall be deposited into

28  the Solid Waste Management Trust Fund.

29         (8)(12)  Determine by rule the facilities, equipment,

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

31  each Class I solid waste disposal facility area.

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

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

 3  shelter; handwashing and toilet facilities; equipment washout

 4  facilities; electric service for operations and repairs;

 5  equipment shelter for maintenance and storage of parts,

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

 7  at the disposal area; a trained equipment operator in

 8  full-time attendance during operating hours; and communication

 9  facilities for use in emergencies.  The department may require

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

11  the hours of operation if the department affirmatively

12  demonstrates that such a requirement is necessary to prevent

13  unlawful fires, unauthorized dumping, or littering of nearby

14  property.

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

16  have at least one monitoring well which shall be placed

17  adjacent to the site in the direction of groundwater flow

18  unless otherwise exempted by the department. The department

19  may require additional monitoring wells not farther than 1

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

21  department that a significant change in the initial quality of

22  the water has occurred in the downstream monitoring well which

23  adversely affects the beneficial uses of the water.  These

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

25  suitable for use in determining background water quality

26  levels.

27         (9)(15)  Adopt rules pursuant to ss. 120.536(1) and

28  120.54 to implement and enforce the provisions of this act,

29  including requirements for the classification, construction,

30  operation, maintenance, and closure of solid waste management

31  facilities and requirements for, and conditions on, solid

                                  24

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

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

 3  such requirements and conditions are not based on the

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

 5  applicable provisions of law. When classifying solid waste

 6  management facilities, the department shall consider the

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

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

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

10  minimize the adverse effects of solid waste management on the

11  environment. Whenever the department adopts any rule stricter

12  or more stringent than one that which has been set by the

13  United States Environmental Protection Agency, the procedures

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

15  shall not, however, adopt hazardous waste rules for solid

16  waste for which special studies were required prior to October

17  1, 1988, under s. 8002 of the Resource Conservation and

18  Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies

19  are completed by the United States Environmental Protection

20  Agency and the information is available to the department for

21  consideration in adopting its own rule.

22         (10)(16)  Issue or modify permits on such conditions as

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

24  and may deny or revoke permits.

25         (17)  Conduct research, using the State University

26  System, solid waste professionals from local governments,

27  private enterprise, and other organizations, on alternative,

28  economically feasible, cost-effective, and environmentally

29  safe solid waste management and landfill closure methods which

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

31  environment and which may assist in developing markets and

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

 2  its citizens, and solicit public participation during the

 3  research process.  The department shall incorporate such

 4  cost-effective landfill closure methods in the appropriate

 5  department rule as alternative closure requirements.

 6         (11)(18)  Develop and implement or contract for

 7  services to develop information on recovered materials markets

 8  and strategies for market development and expansion for use of

 9  these materials. Additionally, the department shall maintain a

10  directory of recycling businesses operating in the state and

11  shall serve as a coordinator to match recovered materials with

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

13  and to local governments to assist with their solid waste

14  management activities.

15         (19)  Authorize variances from solid waste closure

16  rules adopted pursuant to this part, provided such variances

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

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

19  environment.

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

21  Waste Management Trust Fund and control and administer moneys

22  it may withdraw from the fund.

23         (13)(21)  Manage a program of grants, using funds from

24  the Solid Waste Management Trust Fund and funds provided by

25  the Legislature for solid waste management, for programs for

26  recycling, composting, litter control, and special waste

27  management and for programs that which provide for the safe

28  and proper management of solid waste.

29         (14)(22)  Budget and receive appropriated funds and

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

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

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 1  Federal Government, for the purpose of carrying out the

 2  provisions of this act.

 3         (15)(23)  Delegate its powers, enter into contracts, or

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

 5  act.

 6         (16)(24)  Receive and administer funds appropriated for

 7  county hazardous waste management assessments.

 8         (17)(25)  Provide technical assistance to local

 9  governments and regional agencies to ensure consistency

10  between county hazardous waste management assessments;

11  coordinate the development of such assessments with the

12  assistance of the appropriate regional planning councils; and

13  review and make recommendations to the Legislature relative to

14  the sufficiency of the assessments to meet state hazardous

15  waste management needs.

16         (18)(26)  Increase public education and public

17  awareness of solid and hazardous waste issues by developing

18  and promoting statewide programs of litter control, recycling,

19  volume reduction, and proper methods of solid waste and

20  hazardous waste management.

21         (19)(27)  Assist the hazardous waste storage,

22  treatment, or disposal industry by providing to the industry

23  any data produced on the types and quantities of hazardous

24  waste generated.

25         (20)(28)  Institute a hazardous waste emergency

26  response program which would include emergency

27  telecommunication capabilities and coordination with

28  appropriate agencies.

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

30  delegation of the hazardous waste management program from the

31  

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 1  Environmental Protection Agency under the Hazardous and Solid

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

 3         (22)(30)  Adopt rules, if necessary, to address the

 4  incineration and disposal of biomedical waste and the

 5  management of biological waste within the state, whether such

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

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

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

 9  applicable provisions of law.

10         Section 8.  Section 403.7043, Florida Statutes, is

11  amended to read:

12         403.7043  Compost standards and applications.--

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

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

15  composting process at solid waste management facilities in the

16  state must meet criteria established by the department.

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

18  1, 1988, the department shall initiate rulemaking to establish

19  and maintain rules addressing standards for the production of

20  compost and shall complete and promulgate those rules within

21  12 months after initiating the process of rulemaking,

22  including rules establishing:

23         (a)  Requirements necessary to produce hygienically

24  safe compost products for varying applications.

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

26  types of waste composted, including at least one type

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

28  including at least three degrees of decomposition for fresh,

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

30  inorganic constituents in the compost.  This scheme shall

31  address:

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 1         1.  Methods for measurement of the compost maturity.

 2         2.  Particle sizes.

 3         3.  Moisture content.

 4         4.  Average levels of organic and inorganic

 5  constituents, including heavy metals, for such classes of

 6  compost as the department establishes, and the analytical

 7  methods to determine those levels.

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

 9  department shall initiate rulemaking to prescribe the

10  allowable uses and application rates of compost and shall

11  complete and promulgate those rules within 12 months after

12  initiating the process of rulemaking, based on the following

13  criteria:

14         (a)  The total quantity of organic and inorganic

15  constituents, including heavy metals, allowed to be applied

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

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

18  and type of compost.

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

20  criteria prescribed by the department for agricultural and

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

22  manner approved by the department, unless a different

23  application is specifically permitted by the department.

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

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

26  understanding or other written agreement as of October 1,

27  1988, from proceeding with plans to build a compost facility.

28         Section 9.  Subsections (1), (2), and (3) of section

29  403.7045, Florida Statutes, are amended to read:

30         403.7045  Application of act and integration with other

31  acts.--

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

 2  regulated pursuant to this act:

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

 4  nuclear material, the generation, transportation, disposal,

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

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

 7  Stat. 923, as amended;

 8         (b)  Suspended solids and dissolved materials in

 9  domestic sewage effluent or irrigation return flows or other

10  discharges which are point sources subject to permits pursuant

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

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

13         (c)  Emissions to the air from a stationary

14  installation or source regulated under provisions of this

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

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

17  associated with the exploration for, or development and

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

19  under chapter 377; or

20         (e)  Recovered materials or recovered materials

21  processing facilities shall not be regulated pursuant to this

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

23         1.  A majority of the recovered materials at the

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

25  year.

26         2.  The recovered materials handled by the facility or

27  the products or byproducts of operations that process

28  recovered materials are not discharged, deposited, injected,

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

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

31  recovered materials, products or byproducts, or any

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 1  constituent thereof may enter other lands or be emitted into

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

 3  or otherwise enter the environment such that a threat of

 4  contamination in excess of applicable department standards and

 5  criteria is caused.

 6         3.  The recovered materials handled by the facility are

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

 8  promulgated pursuant thereto.

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

10  403.7046.

11         (f)  Industrial byproducts, if:

12         1.  A majority of the industrial byproducts are

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

14         2.  The industrial byproducts are not discharged,

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

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

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

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

19  or otherwise enter the environment such that a threat of

20  contamination in excess of applicable department standards and

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

22         3.  The industrial byproducts are not hazardous wastes

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

24  section.

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

26  403.704(15), the following wastes shall not be regulated as a

27  hazardous waste pursuant to this act, except when determined

28  by the United States Environmental Protection Agency to be a

29  hazardous waste:

30         (a)  Ashes and scrubber sludges generated from the

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

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 1         (b)  Agricultural and silvicultural byproduct material

 2  and agricultural and silvicultural process waste from normal

 3  farming or processing.

 4         (c)  Discarded material generated by the mining and

 5  beneficiation and chemical or thermal processing of phosphate

 6  rock, and precipitates resulting from neutralization of

 7  phosphate chemical plant process and nonprocess waters.

 8         (3)  The following wastes or activities shall be

 9  regulated pursuant to this act in the following manner:

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

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

12  or that is authorized to be removed from sovereign submerged

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

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

15  authorization unless the dredged material is regulated as

16  hazardous waste pursuant to this part disposed of pursuant to

17  a dredge and fill permit, but whenever hazardous components

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

19  and fill permits shall specify the specific hazardous wastes

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

21  dredged material contains hazardous substances, the department

22  may further then limit or restrict the disposal, sale, or use

23  of the dredged dredge and fill material and may specify such

24  other conditions relative to this material as are reasonably

25  necessary to protect the public from the potential hazards.

26  However, this paragraph does not require the routine testing

27  of dredge material for hazardous substances unless there is a

28  reasonable expectation that such substances will be present.

29         (b)  Hazardous wastes that which are contained in

30  artificial recharge waters or other waters intentionally

31  introduced into any underground formation and that which are

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

 2  compliance with the requirements and standards for disposal,

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

 4         (c)  Solid waste or hazardous waste facilities that

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

 6  power generating facility and which are licensed by

 7  certification pursuant to the Florida Electrical Power Plant

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

 9  certification subject to the substantive provisions of this

10  act.

11         (d)  Biomedical waste and biological waste shall be

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

13  any person who unknowingly disposes into a sanitary landfill

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

15  been properly segregated or separated from other solid wastes

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

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

18  construed to prohibit the department from seeking injunctive

19  relief pursuant to s. 403.131 to prohibit the unauthorized

20  disposal of biomedical waste or biological waste.

21         Section 10.  Paragraph (f) of subsection (2) of section

22  403.705, Florida Statutes, is amended to read:

23         403.705  State solid waste management program.--

24         (2)  The state solid waste management program shall

25  include, at a minimum:

26         (f)  Planning guidelines and technical assistance to

27  counties and municipalities to develop and implement programs

28  for alternative disposal or processing or recycling of the

29  solid wastes prohibited from disposal in landfills under s.

30  403.708(12) s. 403.708(13) and for special wastes.

31  

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 1         Section 11.  Subsection (2) of section 403.7061,

 2  Florida Statutes, is amended to read:

 3         403.7061  Requirements for review of new

 4  waste-to-energy facility capacity by the Department of

 5  Environmental Protection.--

 6         (2)  Notwithstanding any other provisions of state law,

 7  the department shall not issue a construction permit or

 8  certification to build a waste-to-energy facility or expand an

 9  existing waste-to-energy facility unless the facility meets

10  the requirements set forth in subsection (3). Any construction

11  permit issued by the department between January 1, 1993, and

12  May 12, 1993, which does not address these new requirements is

13  shall be invalid. These new requirements do not apply to the

14  issuance of permits or permit modifications to retrofit

15  existing facilities with new or improved pollution control

16  equipment to comply with state or federal law. The department

17  may shall initiate rulemaking to incorporate the criteria in

18  subsection (3) into its permit review process.

19         Section 12.  Section 403.707, Florida Statutes, is

20  amended to read:

21         403.707  Permits.--

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

23  operated, maintained, constructed, expanded, modified, or

24  closed without an appropriate and currently valid permit

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

26  specified types of facilities from the requirement for a

27  permit under this part if it determines that construction or

28  operation of the facility is not expected to create any

29  significant threat to the environment or public health. For

30  purposes of this part, and only when specified by department

31  rule, a permit may include registrations as well as other

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 1  forms of licenses as defined in s. 120.52. Solid waste

 2  construction permits issued under this section may include any

 3  permit conditions necessary to achieve compliance with the

 4  recycling requirements of this act. The department shall

 5  pursue reasonable timeframes for closure and construction

 6  requirements, considering pending federal requirements and

 7  implementation costs to the permittee.  The department shall

 8  adopt a rule establishing performance standards for

 9  construction and closure of solid waste management facilities.

10  The standards shall allow flexibility in design and

11  consideration for site-specific characteristics.

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

13  under this section is not required for the following, if

14  provided that the activity does shall not create a public

15  nuisance or any condition adversely affecting the environment

16  or public health and does shall not violate other state or

17  local laws, ordinances, rules, regulations, or orders:

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

19  their own activities on their own property, if provided such

20  waste is either ordinary household waste from their

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

22  and other vegetative matter that which normally result from

23  land development operations.  Disposal of materials that which

24  could create a public nuisance or adversely affect the

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

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

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

28  under this exemption.

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

30  resulting from their own activities on their property, leased

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

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 1  maintenance association for which the person contributes

 2  association assessments, if the solid waste in such containers

 3  is collected at least once a week.

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

 5  their own activities on their property, if provided the

 6  environmental effects of such disposal on groundwater and

 7  surface waters are:

 8         1.  Addressed or authorized by a site certification

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

10  department under pursuant to this chapter or rules adopted

11  pursuant to this chapter thereto; or

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

13  requirement to obtain, a groundwater monitoring plan approved

14  by the department.

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

16  their own activities on their own property, if provided that

17  such disposal occurred prior to October 1, 1988.

18         (e)  Disposal of solid waste resulting from normal

19  farming operations as defined by department rule.

20  Polyethylene agricultural plastic, damaged, nonsalvageable,

21  untreated wood pallets, and packing material that cannot be

22  feasibly recycled, which are used in connection with

23  agricultural operations related to the growing, harvesting, or

24  maintenance of crops, may be disposed of by open burning if a,

25  provided that no public nuisance or any condition adversely

26  affecting the environment or the public health is not created

27  by the open burning thereby and that state or federal ambient

28  air quality standards are not violated.

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

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

31  obtaining any other required permits, and nor does not it

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 1  affect a person's responsibility to dispose of clean debris

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

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

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

 5  the property where the compost operation is located.

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

 7  403.088, relating to permits, apply to the control of solid

 8  waste management facilities.

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

10  Class I or Class II solid waste disposal facility area is

11  made, it is the duty of the department to provide a copy of

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

13  management district having jurisdiction where the area is to

14  be located.  The water management district may prepare an

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

16  report must shall contain the district's recommendations as to

17  the disposition of the application and shall be submitted to

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

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

20  the department or the water management district to comply with

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

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

23  issued by the department.

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

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

26  3,000 feet of Class I surface waters.

27         (6)  The department may issue a construction permit

28  pursuant to this part only to a solid waste management

29  facility that provides the conditions necessary to control the

30  safe movement of wastes or waste constituents into surface or

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

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 1  maintained, and closed by qualified and properly trained

 2  personnel. Such facility must if necessary:

 3         (a)  Use natural or artificial barriers that which are

 4  capable of controlling lateral or vertical movement of wastes

 5  or waste constituents into surface or ground waters.

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

 7  providing support for structures and waste deposits and

 8  capable of preventing foundation or base failure due to

 9  settlement, compression, or uplift.

10         (c)  Provide for the most economically feasible,

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

12  gas, stormwater, and disease vectors and prevent the

13  endangerment of public health and the environment.

14  

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

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

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

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

19  applicant shall designate to the department temporary backup

20  disposal areas or processes for the resource recovery

21  facility. Failure to designate temporary backup disposal areas

22  or processes shall result in a denial of the construction

23  permit.

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

25  applicant who by past conduct in this state has repeatedly

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

27  or conditions relating to any solid waste management facility

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

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

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

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

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 1  subsidiary corporation, a partner, a corporate officer or

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

 3  stock of the corporation.

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

 5  department of an application for any construction permit for

 6  the incineration of biomedical waste which the department may

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

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

 9  application and shall publish notice of the filing of the

10  application. The applicant shall publish a second notice of

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

12  notice shall be published in a newspaper of general

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

14  is proposed to be located. Notwithstanding the provisions of

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

16  general circulation" shall be the newspaper within the county

17  in which the installation or facility is proposed which has

18  the largest daily circulation in that county and has its

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

20  largest daily circulation has its principal office outside the

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

22  largest daily circulation in that county, and a newspaper

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

24  shall contain:

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

26  of the facility and its location.

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

28  is available for public inspection.

29  

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

31  with the following format:

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 1  

 2                      Notice of Application

 3  

 4  The Department of Environmental Protection announces receipt

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

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

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

 8  ...(city)....

 9  

10  This application is being processed and is available for

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

12  5:00 p.m., Monday through Friday, except legal holidays, at

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

14  

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

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

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

18  conformity with the requirements of this subsection.

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

20  a permitted facility, the permittee shall file with the

21  department an application for transfer of the permits on such

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

23  be completed with the notarized signatures of both the

24  transferring permittee and the proposed permittee.

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

26  permit unless it determines that the proposed permittee has

27  not provided reasonable assurances that the proposed permittee

28  has the administrative, technical, and financial capability to

29  properly satisfy the requirements and conditions of the

30  permit, as determined by department rule.  The determination

31  shall be limited solely to the ability of the proposed

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 1  permittee to comply with the conditions of the existing

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

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

 4  it shall provide both the transferring permittee and the

 5  proposed permittee a written objection to such transfer

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

 7  such determination under chapter 120.

 8         (c)  Within 90 days after receiving a properly

 9  completed application for transfer of a permit, the department

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

11  time for making a determination on the transfer by notifying

12  both the transferring permittee and the proposed permittee

13  that additional information is required to adequately review

14  the transfer request. Such notification shall be provided

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

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

17  department fails to take action to approve or deny the

18  transfer within 90 days after receipt of the completed

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

20  of timely requested additional information, the transfer shall

21  be deemed approved.

22         (d)  The transferring permittee is encouraged to apply

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

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

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

26  transfer of the facility.

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

28  the department, the transferring permittee and any other

29  person constructing, operating, or maintaining the permitted

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

31  permit. Nothing in this section shall relieve the transferring

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 1  permittee of liability for corrective actions that may be

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

 3  legal transfer of the permit.

 4         (11)  The department shall review all permit

 5  applications for any designated Class I solid waste disposal

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

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

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

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

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

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

12  any county with an approved charter or consolidated municipal

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

14  operated by a municipality. The department shall not permit

15  vertical expansion or horizontal expansion of any designated

16  Class I solid waste disposal facility unless the application

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

18  waste management facility may be operated which is a vertical

19  expansion or horizontal expansion of a designated Class I

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

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

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

23  waste disposal facility above 100 feet National Geodetic

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

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

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

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

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

29  expanded operation of any solid waste disposal facility or

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

31  

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

 2  waste other than yard trash.

 3         (9)(12)  The department shall establish a separate

 4  category for solid waste management facilities that which

 5  accept only construction and demolition debris for disposal or

 6  recycling. The department shall establish a reasonable

 7  schedule for existing facilities to comply with this section

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

 9  permitted solid waste disposal unit that which receives a

10  significant amount of waste prior to the compliance deadline

11  established in this schedule shall not be required to be

12  retrofitted with liners or leachate control systems.

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

14  must implement a groundwater monitoring system adequate to

15  detect contaminants that may reasonably be expected to result

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

17         (a)  The department shall establish reasonable

18  construction, operation, monitoring, recordkeeping, financial

19  assurance, and closure requirements for such facilities.  The

20  department shall take into account the nature of the waste

21  accepted at various facilities when establishing these

22  requirements, and may impose less stringent requirements,

23  including a system of general permits or registration

24  requirements, for facilities that accept only a segregated

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

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

27  Legislature recognizes that incidental amounts of other types

28  of solid waste are commonly generated at construction or

29  demolition projects.  In any enforcement action taken pursuant

30  to this section, the department shall consider the difficulty

31  of removing these incidental amounts from the waste stream.

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 1         (b)  The department shall not require liners and

 2  leachate collection systems at individual facilities unless it

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

 4  methods for controlling types of waste disposed of, the

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

 6  the hydrogeological and geotechnical investigations, that the

 7  facility is reasonably expected to result in violations of

 8  groundwater standards and criteria otherwise.

 9         (c)  The owner or operator shall provide financial

10  assurance for closing of the facility in accordance with the

11  requirements of s. 403.7125. The financial assurance shall

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

13  long-term care after closing, unless the department

14  determines, based upon hydrogeologic conditions, the types of

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

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

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

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

19  403.7125(3) may not be used as a financial assurance

20  mechanism.

21         (d)  The department shall establish training

22  requirements for operators of facilities, and shall work with

23  the State University System or other providers to assure that

24  adequate training courses are available.  The department shall

25  also assist the Florida Home Builders Association in

26  establishing a component of its continuing education program

27  to address proper handling of construction and demolition

28  debris, including best management practices for reducing

29  contamination of the construction and demolition debris waste

30  stream.

31  

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

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

 3  and land use regulations.

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

 5  the disposal of construction and demolition debris on the

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

 7  covered, graded, and vegetated as necessary when disposal is

 8  complete.

 9         (g)  It is the policy of the Legislature to encourage

10  facilities to recycle.  The department shall establish

11  criteria and guidelines that encourage recycling where

12  practical and provide for the use of recycled materials in a

13  manner that protects the public health and the environment.

14  Facilities are authorized to recycle, provided such activities

15  do not conflict with such criteria and guidelines.

16         (h)  The department shall ensure that the requirements

17  of this section are applied and interpreted consistently

18  throughout the state.  In accordance with s. 20.255, the

19  Division of Waste Management shall direct the district offices

20  and bureaus on matters relating to the interpretation and

21  applicability of this section.

22         (i)  The department shall provide notice of receipt of

23  a permit application for the initial construction of a

24  construction and demolition debris disposal facility to the

25  local governments having jurisdiction where the facility is to

26  be located.

27         (j)  The Legislature recognizes that recycling, waste

28  reduction, and resource recovery are important aspects of an

29  integrated solid waste management program and as such are

30  necessary to protect the public health and the environment. If

31  necessary to promote such an integrated program, the county

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 1  may determine, after providing notice and an opportunity for a

 2  hearing prior to April 30, 2008 December 31, 1996, that some

 3  or all of the wood material described in s. 403.703(6)(b) s.

 4  403.703(17)(b) shall be excluded from the definition of

 5  "construction and demolition debris" in s. 403.703(6) s.

 6  403.703(17) within the jurisdiction of such county. The county

 7  may make such a determination only if it finds that, prior to

 8  June 1, 2007 1996, the county has established an adequate

 9  method for the use or recycling of such wood material at an

10  existing or proposed solid waste management facility that is

11  permitted or authorized by the department on June 1, 2007

12  1996. The county is shall not be required to hold a hearing if

13  the county represents that it previously has held a hearing

14  for such purpose, or nor shall the county be required to hold

15  a hearing if the county represents that it previously has held

16  a public meeting or hearing that authorized such method for

17  the use or recycling of trash or other nonputrescible waste

18  materials and if the county further represents that such

19  materials include those materials described in s.

20  403.703(6)(b) s. 403.703(17)(b). The county shall provide

21  written notice of its determination to the department by no

22  later than April 30, 2008 December 31, 1996; thereafter, the

23  wood materials described in s. 403.703(6) s. 403.703(17)(b)

24  shall be excluded from the definition of "construction and

25  demolition debris" in s. 403.703(6) s. 403.703(17) within the

26  jurisdiction of such county. The county may withdraw or revoke

27  its determination at any time by providing written notice to

28  the department.

29         (k)  Brazilian pepper and other invasive exotic plant

30  species as designated by the department resulting from

31  eradication projects may be processed at permitted

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 1  construction and demolition debris recycling facilities or

 2  disposed of at permitted construction and demolition debris

 3  disposal facilities or Class III facilities. The department

 4  may adopt rules to implement this paragraph.

 5         (10)(13)  If the department and a local government

 6  independently require financial assurance for the closure of a

 7  privately owned solid waste management facility, the

 8  department and that local government shall enter into an

 9  interagency agreement that will allow the owner or operator to

10  provide a single financial mechanism to cover the costs of

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

12  mechanism may provide for the department and local government

13  to be cobeneficiaries or copayees, but shall not impose

14  duplicative financial requirements on the owner or operator.

15  These closure costs must include at least the minimum required

16  by department rules and must also include any additional costs

17  required by local ordinance or regulation.

18         (11)(14)  Before or on the same day of filing with the

19  department of an application for a permit to construct or

20  substantially modify a solid waste management facility, the

21  applicant shall notify the local government having

22  jurisdiction over the facility of the filing of the

23  application.  The applicant also shall publish notice of the

24  filing of the application in a newspaper of general

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

26  Notice shall be given and published in accordance with

27  applicable department rules.  The department shall not issue

28  the requested permit until the applicant has provided the

29  department with proof that the notices required by this

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

31  

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 1  relieve an applicant from compliance with local zoning or land

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

 3         (12)(15)  Construction and demolition debris must be

 4  separated from the solid waste stream and segregated in

 5  separate locations at a solid waste disposal facility or other

 6  permitted site.

 7         (13)(16)  A No facility shall not be considered a solid

 8  waste disposal facility, solely by virtue of the fact that it

 9  uses processed yard trash or clean wood or paper waste as a

10  fuel source, shall be considered to be a solid waste disposal

11  facility.

12         (14)(a)  A permit to operate a solid waste management

13  facility may not be transferred by the permittee to any other

14  entity without the consent of the department. If the permitted

15  facility is sold or transferred, or if control of the facility

16  is transferred, the permittee must submit to the department an

17  application for transfer of permit no later than 30 days after

18  the transfer of ownership or control. The department shall

19  approve the transfer of a permit unless it determines that the

20  proposed new permittee has not provided reasonable assurance

21  that the conditions of the permit will be met. A permit may

22  not be transferred until any proof of financial assurance

23  required by department rule is provided by the proposed new

24  permittee. If the existing permittee is under a continuing

25  obligation to perform corrective actions as a result of a

26  department enforcement action or consent order, the permit may

27  not be transferred until the proposed new permittee agrees in

28  writing to accept responsibility for performing such

29  corrective actions.

30         (b)  Until the transfer is approved by the department,

31  the existing permittee is liable for compliance with the

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 1  permit, including the financial-assurance requirements. When

 2  the transfer has been approved, the department shall return to

 3  the transferring permittee any means of proof of financial

 4  assurance which the permittee provided to the department and

 5  the permittee is released from obligations to comply with the

 6  transferred permit.

 7         (c)  An application for the transfer of a permit must

 8  clearly state in bold letters that the permit may not be

 9  transferred without proof of compliance with

10  financial-assurance requirements. Until the permit is

11  transferred, the new owner or operator may not operate the

12  facility without the express consent of the permittee.

13         (d)  The department may adopt rules to administer this

14  subsection, including procedural rules and the permit-transfer

15  form.

16         Section 13.  Section 403.7071, Florida Statutes, is

17  created to read:

18         403.7071  Management of storm-generated debris.--Solid

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

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

21  managed as follows:

22         (1)  Recycling and reuse of storm-generated vegetative

23  debris is encouraged to the greatest extent practicable. Such

24  recycling and reuse must be conducted in accordance with

25  applicable department rules and may include, but is not

26  limited to, chipping and grinding of the vegetative debris to

27  be beneficially used as a ground cover or soil amendment,

28  compost, or as a combustible fuel for any applicable

29  commercial or industrial application.

30         (2)  The department may issue field authorizations for

31  staging areas in those counties affected by a storm event.

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 1  Such staging areas may be used for the temporary storage and

 2  management of storm-generated debris, including the chipping,

 3  grinding, or burning of vegetative debris. Field

 4  authorizations may include specific conditions for the

 5  operation and closure of the staging area and must specify the

 6  date that closure is required. To the greatest extent

 7  possible, staging areas may not be located in wetlands or

 8  other surface waters. The area that is used or affected by a

 9  staging area must be fully restored upon cessation of the use

10  of the area.

11         (3)  Storm-generated vegetative debris managed at a

12  staging area may be disposed of in a permitted lined or

13  unlined landfill, a permitted land clearing debris facility, a

14  permitted or certified waste-to-energy facility, or a

15  permitted construction and demolition debris disposal

16  facility. Vegetative debris may also be managed at a permitted

17  waste processing facility or a registered yard-trash

18  processing facility.

19         (4)  Construction and demolition debris that is mixed

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

21  other solid waste before disposal in a lined landfill.

22  Construction and demolition debris that is source separated or

23  is separated from other hurricane-generated debris at an

24  authorized staging area, or at another area permitted or

25  specifically authorized by the department, may be managed at a

26  permitted construction and demolition debris disposal

27  facility, a Class III landfill, or a recycling facility upon

28  approval by the department of the methods and operational

29  practices used to inspect the waste during segregation.

30         (5)  Unsalvageable refrigerators and freezers

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

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

 2  landfill; however, chlorofluorocarbons and capacitors must be

 3  removed and recycled to the greatest extent practicable.

 4         (6)  Local governments or their agents may conduct the

 5  burning of storm-generated yard trash, other storm-generated

 6  vegetative debris, or untreated wood from construction and

 7  demolition debris in air-curtain incinerators without prior

 8  notice to the department. Within 10 days after commencing such

 9  burning, the local government shall notify the department in

10  writing describing the general nature of the materials burned;

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

12  telephone number of the representative of the local government

13  to contact concerning the work. The operator of the

14  air-curtain incinerator is subject to any requirement of the

15  Division of Forestry or of any other agency concerning

16  authorization to conduct open burning. Any person conducting

17  open burning of vegetative debris is also subject to such

18  requirements.

19         Section 14.  Section 403.708, Florida Statutes, is

20  amended to read:

21         403.708  Prohibition; penalty.--

22         (1)  A No person may not shall:

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

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

25  by the department and consistent with applicable approved

26  programs of counties or municipalities. However, nothing in

27  this act does not shall be construed to prohibit the disposal

28  of solid waste without a permit as provided in s. 403.707(2).

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

30  the department and consistent with applicable approved

31  programs of counties or municipalities.

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

 2  management facility or site without first having obtained from

 3  the department any permit required by s. 403.707.

 4         (2)  A No beverage may not shall be sold or offered for

 5  sale within the state in a beverage container designed and

 6  constructed so that the container is opened by detaching a

 7  metal ring or tab. As used in this subsection, the term

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

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

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

11  decomposing to components other than heavy metals or other

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

13  outdoor elements.

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

15  or mineral water, or other nonalcoholic carbonated drinks;

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

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

18  drink or a mixed spirit drink.

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

20  container that which at the time of sale contains 1 gallon or

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

22  less, and that which is composed of metal, plastic, or glass

23  or a combination thereof.

24         (3)(4)  The Division of Alcoholic Beverages and Tobacco

25  of the Department of Business and Professional Regulation may

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

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

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

29  continuing nature, each day during which such violation occurs

30  constitutes shall constitute a separate and distinct offense

31  and is shall be subject to a separate fine.

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 1         (4)(5)  The Department of Agriculture and Consumer

 2  Services may impose a fine of not more than $100 against on

 3  any person not currently licensed pursuant to s. 561.14 for

 4  each violation of the provisions of subsection (2). If the

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

 6  such violation occurs constitutes shall constitute a separate

 7  and distinct offense and is shall be subject to a separate

 8  fine.

 9         (5)(6)  Fifty percent of each fine collected pursuant

10  to subsections (3) (4) and (4) (5) shall be deposited into the

11  Solid Waste Management Trust Fund. The balance of fines

12  collected pursuant to subsection (3) (4) shall be deposited

13  into the Alcoholic Beverage and Tobacco Trust Fund for the use

14  of the division for inspection and enforcement of the

15  provisions of this section. The balance of fines collected

16  pursuant to subsection (4) (5) shall be deposited into the

17  General Inspection Trust Fund for the use of the Department of

18  Agriculture and Consumer Services for inspection and

19  enforcement of the provisions of this section.

20         (6)(7)  The Division of Alcoholic Beverages and Tobacco

21  and the Department of Agriculture and Consumer Services shall

22  coordinate their responsibilities under the provisions of this

23  section to ensure that inspections and enforcement are

24  accomplished in an efficient, cost-effective manner.

25         (7)(8)  A person may not distribute, sell, or expose

26  for sale in this state any plastic bottle or rigid container

27  intended for single use unless such container has a molded

28  label indicating the plastic resin used to produce the plastic

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

30  plastic container product and be clearly visible.  This label

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

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 1  placed below the triangle. The triangle must be equilateral

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

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

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

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

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

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

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

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

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

11  not required to be labeled under this subsection section. The

12  numbers and letters must be as follows:

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

14  and the number 1.

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

16  and the number 2.

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

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

19  and the number 4.

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

21  5.

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

23  6.

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

25  7.

26         (8)(9)  A No person may not shall distribute, sell, or

27  expose for sale in this state any product packaged in a

28  container or packing material manufactured with fully

29  halogenated chlorofluorocarbons (CFC). Producers of containers

30  or packing material manufactured with chlorofluorocarbons

31  

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 1  (CFC) are urged to introduce alternative packaging materials

 2  that which are environmentally compatible.

 3         (9)(10)  The packaging of products manufactured or sold

 4  in the state may not be controlled by governmental rule,

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

 6  than as expressly provided in this act.

 7         (10)(11)  Violations of this part or rules,

 8  regulations, permits, or orders issued thereunder by the

 9  department and violations of approved local programs of

10  counties or municipalities or rules, regulations, or orders

11  issued thereunder are shall be punishable by a civil penalty

12  as provided in s. 403.141.

13         (11)(12)  The department or any county or municipality

14  may also seek to enjoin the violation of, or enforce

15  compliance with, this part or any program adopted hereunder as

16  provided in s. 403.131.

17         (12)(13)  A In accordance with the following schedule,

18  no person who knows or who should know of the nature of the

19  following types of such solid waste may not shall dispose of

20  such solid waste in landfills:

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

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

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

24  proper collection and recycling, all persons who sell

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

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

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

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

29  unlined landfills classified by department rule as Class I

30  landfills. Yard trash that is source separated from solid

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

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 1  area provides and maintains separate yard trash composting

 2  facilities are provided and maintained. The department

 3  recognizes that incidental amounts of yard trash may be

 4  disposed of in Class I lined landfills. In any enforcement

 5  action taken pursuant to this paragraph, the department shall

 6  consider the difficulty of removing incidental amounts of yard

 7  trash from a mixed solid waste stream.

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

 9  

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

11  the department shall identify and assist in developing

12  alternative disposal, processing, or recycling options for the

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

14         Section 15.  Section 403.709, Florida Statutes, is

15  amended to read:

16         403.709  Solid Waste Management Trust Fund; use of

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

18  Trust Fund, to be administered by the department.

19         (1)  From the annual revenues deposited in the trust

20  fund, unless otherwise specified in the General Appropriations

21  Act:

22         (a)(1)  Up to 40 percent shall be used for funding

23  solid waste activities of the department and other state

24  agencies, such as providing technical assistance to local

25  governments and the private sector, performing solid waste

26  regulatory and enforcement functions, preparing solid waste

27  documents, and implementing solid waste education programs.

28         (b)(2)  Up to 4.5 percent shall be used for funding

29  research and training programs relating to solid waste

30  management through the Center for Solid and Hazardous Waste

31  

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 1  Management and other organizations that which can reasonably

 2  demonstrate the capability to carry out such projects.

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

 4  supplement any other funds provided to the Department of

 5  Agriculture and Consumer Services for mosquito control. This

 6  distribution shall be annually transferred to the General

 7  Inspection Trust Fund in the Department of Agriculture and

 8  Consumer Services to be used for mosquito control, especially

 9  control of West Nile Virus.

10         (d)(4)  Up to 4.5 percent shall be used for funding to

11  the Department of Transportation for litter prevention and

12  control programs through a certified Keep America Beautiful

13  Affiliate at the local level coordinated by Keep Florida

14  Beautiful, Inc.

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

16  funding a competitive and innovative grant program pursuant to

17  s. 403.7095 for activities relating to recycling and waste

18  reduction reducing the volume of municipal solid waste,

19  including waste tires requiring final disposal.

20         (2)(6)  The department shall recover to the use of the

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

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

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

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

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

26  amount involved too small or the likelihood of recovery too

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

28  unwilling to comply with the rules adopted pursuant to this

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

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

31  

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

 2  and the environment.

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

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

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

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

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

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

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

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

11  cost of bringing the tire site into compliance with department

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

13  of the property after the abatement action is complete,

14  whichever is less. A lien provided by this subsection may not

15  continue for a period longer than 4 years after the abatement

16  action is completed, unless within that period an action to

17  enforce the lien is commenced in a court of competent

18  jurisdiction. The department may take action to enforce the

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

20  I of chapter 713.

21         (4)(8)  This section does not limit the use of other

22  remedies available to the department.

23         Section 16.  Section 403.7095, Florida Statutes, is

24  amended to read:

25         403.7095  Solid waste management grant program.--

26         (1)  The department shall develop a competitive and

27  innovative grant program for counties, municipalities, special

28  districts, and nonprofit organizations that have legal

29  responsibility for the provision of solid waste management

30  services. For purposes of this program, "innovative" means

31  that the process, technology, or activity for which funding is

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 1  sought has not previously been implemented within the

 2  jurisdiction of the applicant. The applicant must that:

 3         (a)  Demonstrate technologies or processes that are not

 4  in common use in Florida, that represent a novel application

 5  of an existing technology or process to recycle or reduce

 6  waste, or that overcome obstacles to recycling or and waste

 7  reduction in new or innovative ways;

 8         (b)  Demonstrate innovative processes to collect and

 9  recycle or reduce materials targeted by the department and the

10  recycling industry; or

11         (c)  Demonstrate effective solutions to solving solid

12  waste problems resulting from waste tires, particularly in the

13  areas of enforcement and abatement of illegal tire dumping and

14  activities to promote market development of waste tire

15  products.

16  

17  Because the Legislature recognizes that input from the

18  recycling industry is essential to the success of this grant

19  program, the department shall cooperate with private sector

20  entities to develop a process and define specific criteria for

21  allowing their participation with grant recipients.

22         (2)  The department shall evaluate and prioritize the

23  annual grant proposals and present the annual prioritized list

24  of projects to be funded to the Governor and the Legislature

25  as part of its annual budget request submitted pursuant to

26  chapter 216, beginning with fiscal year 2003-2004. Potential

27  grant recipients are encouraged to demonstrate local support

28  for grant proposals by the commitment of cash or in-kind

29  matching funds.

30         (3)  The department shall develop a consolidated grant

31  program for small counties having populations fewer than

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 1  100,000, with grants to be distributed equally among eligible

 2  counties. Programs to be supported with the small-county

 3  consolidated grants include general solid waste management,

 4  litter prevention and control, and recycling and education

 5  programs.

 6         (4)  The department shall develop a waste tire grant

 7  program making grants available to all counties. The

 8  department shall ensure that at least 25 percent of the

 9  funding available for waste tire grants is distributed equally

10  to each county having a population fewer than 100,000. Of the

11  remaining funds distributed to counties having a population of

12  100,000 or greater, the department shall distribute those

13  funds on the basis of population.

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

15  403.709(1)(e) s. 403.709(5) for the grant program created by

16  this section, the following distributions shall be made:

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

18  subsection (1);

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

20  subsection (3); and

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

22  subsection (4).

23         (6)  The department may adopt rules necessary to

24  administer this section, including, but not limited to, rules

25  governing timeframes for submitting grant applications,

26  criteria for prioritizing, matching criteria, maximum grant

27  amounts, and allocation of appropriated funds based upon

28  project and applicant size.

29         Section 17.  Section 403.7125, Florida Statutes, is

30  amended to read:

31  

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 1         403.7125  Financial assurance for closure Landfill

 2  management escrow account.--

 3         (1)  As used in this section:

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

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

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

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

 8  well, or a surface impoundment.

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

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

11  significant threat to public health or the environment and

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

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

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

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

16  any person or corporation which owns a majority interest in

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

18  landfill.

19         (1)(2)  Every owner or operator of a landfill is

20  jointly and severally liable for the improper operation and

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

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

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

24  been located and any person or corporation that owns a

25  majority interest in any other corporation that is the owner

26  or operator of a landfill.

27         (2)(3)  The owner or operator of a landfill owned or

28  operated by a local or state government or the Federal

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

30  fees or other appropriate revenue-producing mechanism, to

31  ensure the availability of financial resources for the proper

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

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

 3  403.707(2), is exempt from the provisions of this section.

 4         (a)  The revenue-producing mechanism must produce

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

 6  and federal landfill closure requirements.

 7         (b)  The revenue shall be deposited in an

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

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

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

11  be conducted by an independent certified public accountant.

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

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

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

15  or operator may make expenditures from the account and its

16  accumulated interest only for the purpose of landfill closure

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

18  detriment of eventual closure, for planning and construction

19  of resource recovery or landfill facilities.  Any moneys

20  remaining in the account after paying for proper and complete

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

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

23  owner or operator into the general fund or the appropriate

24  solid waste fund of the local government of jurisdiction.

25         (c)  The revenue generated under this subsection and

26  any accumulated interest thereon may be applied to the payment

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

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

29  state and federal landfill closure requirements. Such

30  application or pledge may be made directly in the proceedings

31  

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

 2  bonds to assure such insurer of additional security therefor.

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

 4  raising of revenues for landfill closure or long-term

 5  maintenance do not relieve a landfill owner or operator from

 6  the obligations of this section.

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

 8  established an escrow account in accordance with this section

 9  and the conditions of its permit prior to January 1, 2007, may

10  continue to use that escrow account to provide financial

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

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

13  Federal Government.

14         (3)(4)  An owner or operator of a landfill owned or

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

16  Government may provide financial assurance to establish proof

17  of financial responsibility with the department in lieu of the

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

19  any other landfill, or any other solid waste management

20  facility designated by department rule, shall provide

21  financial assurance to the department for the closure of the

22  facility. Such financial assurance proof may include surety

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

24  or other documents showing that the owner or operator has

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

26  costs of complying with applicable landfill closure

27  requirements.  The owner or operator shall estimate such costs

28  to the satisfaction of the department.

29         (4)(5)  This section does not repeal, limit, or

30  abrogate any other law authorizing local governments to fix,

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

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 1  complying with state and federal landfill closure

 2  requirements.

 3         (5)(6)  The department shall adopt rules to implement

 4  this section.

 5         Section 18.  Subsections (1) and (3) of section

 6  403.716, Florida Statutes, are amended to read:

 7         403.716  Training of operators of solid waste

 8  management and other facilities.--

 9         (1)  The department shall establish qualifications for,

10  and encourage the development of training programs for,

11  operators of landfills, coordinators of local recycling

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

13  waste incinerators, and mobile soil thermal treatment units or

14  facilities, and operators of other solid waste management

15  facilities.

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

17  of a landfill without first completing, or perform the duties

18  of an operator of a waste-to-energy facility, biomedical waste

19  incinerator, or mobile soil thermal treatment unit or

20  facility, unless she or he has completed an operator training

21  course approved by the department or qualifying she or he has

22  qualified as an interim operator in compliance with

23  requirements established by the department by rule. An owner

24  of a landfill, waste-to-energy facility, biomedical waste

25  incinerator, or mobile soil thermal treatment unit or facility

26  may not employ any person to perform the duties of an operator

27  unless such person has completed an approved landfill,

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

29  mobile soil thermal treatment unit or facility operator

30  training course, as appropriate, or has qualified as an

31  interim operator in compliance with requirements established

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 1  by the department by rule.  The department may establish by

 2  rule operator training requirements for other solid waste

 3  management facilities and facility operators.

 4         Section 19.  Section 403.717, Florida Statutes, is

 5  amended to read:

 6         403.717  Waste tire and lead-acid battery

 7  requirements.--

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

 9  403.7185:

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

11  Protection.

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

13  truck, trailer, semitrailer, truck tractor and semitrailer

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

15  to transport persons or property and propelled by power other

16  than muscular power., but The term does not include traction

17  engines, road rollers, such vehicles that as run only upon a

18  track, bicycles, mopeds, or farm tractors and trailers.

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

20  rubber covering encircling the wheel of a motor vehicle.

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

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

23  The term "Waste tire" includes, but is not limited to, used

24  tires and processed tires. The term does not include solid

25  rubber tires and tires that are inseparable from the rim.

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

27  waste tires are collected from the public prior to being

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

29  kept on the site on any given day.

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

31  where equipment is used to treat waste tires mechanically,

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

 2  marketable product or is suitable for proper disposal

 3  recapture reusable byproducts from waste tires or to cut,

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

 5  longer whole. The term includes mobile waste tire processing

 6  equipment.

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

 8  more waste tires are accumulated.

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

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

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

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

13  not when sold to recycle components.

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

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

16  the event of a fire.

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

18  treated mechanically, chemically, or thermally so that the

19  resulting material is a marketable product or is suitable for

20  proper disposal.

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

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

23  on a motor vehicle.

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

25  provide the department with information concerning the site's

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

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

28  with subsection (3).

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

30  unless such site is:

31  

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

 2  tire processing facility; or

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

 4  processing and is located at a permitted solid waste

 5  management facility.

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

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

 8  solid waste management facility.  Collection or storage of

 9  waste tires at a permitted waste tire processing facility or

10  waste tire collection center prior to processing or use does

11  not constitute disposal, provided that the collection and

12  storage complies with rules established by the department.

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

14  landfill as a method of ultimate disposal.

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

16  collector for the transportation, disposal, or processing of

17  waste tires unless the collector is registered with the

18  department or exempt from requirements provided under this

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

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

21  from a single business location must maintain records for that

22  location and make them available for review by the department

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

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

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

26  driver.

27         (4)  The department shall adopt rules to administer

28  carry out the provisions of this section and s. 403.718. Such

29  rules shall:

30  

31  

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 1         (a)  Must provide for the administration or revocation

 2  of waste tire processing facility permits, including mobile

 3  processor permits;

 4         (b)  Must provide for the administration or revocation

 5  of waste tire collector registrations, the fee fees for which

 6  may not exceed $50 per vehicle registered annually;

 7         (c)  Must provide for the administration or revocation

 8  of waste tire collection center permits, the fee for which may

 9  not exceed $250 annually;

10         (d)  Must set standards, including financial assurance

11  standards, for waste tire processing facilities and associated

12  waste tire sites, waste tire collection centers, waste tire

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

14  tires, including storage indoors;

15         (e)  The department May by rule exempt not-for-hire

16  waste tire collectors and processing facilities from financial

17  assurance requirements;

18         (f)  Must authorize the final disposal of waste tires

19  at a permitted solid waste disposal facility provided the

20  tires have been cut into sufficiently small parts to assure

21  their proper disposal; and

22         (g)  Must allow waste tire material that which has been

23  cut into sufficiently small parts to be used as daily cover

24  material for a landfill.

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

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

27  waste tires are kept on the business premises;

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

29  business, removes tires from motor vehicles if fewer than

30  1,500 of these tires are kept on the business premises; or

31  

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

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

 3  are kept on the business premises.

 4         (5)(6)(a)  The department shall encourage the voluntary

 5  establishment of waste tire collection centers at retail

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

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

 8  the deposit of waste tires.

 9         (b)  The department may is authorized to establish an

10  incentives program for individuals to encourage individuals

11  them to return their waste tires to a waste tire collection

12  center. The incentives used by the department may involve the

13  use of discount or prize coupons, prize drawings, promotional

14  giveaways, or other activities the department determines will

15  promote collection, reuse, volume reduction, and proper

16  disposal of waste tires.

17         (c)  The department may contract with a promotion

18  company to administer the incentives program.

19         Section 20.  Section 403.7221, Florida Statutes, is

20  transferred, renumbered as section 403.70715, Florida

21  Statutes, and is amended to read:

22         403.70715 403.7221  Research, development, and

23  demonstration permits.--

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

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

26  waste management facility or hazardous waste management

27  facility who proposes to utilize an innovative and

28  experimental solid waste treatment technology or process for

29  which permit standards have not been promulgated.  Permits

30  shall:

31  

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 1         (a)  Provide for construction and operation of the

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

 3  than 3 times.

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

 5  facility of only those types and quantities of solid waste

 6  which the department deems necessary for purposes of

 7  determining the performance capabilities of the technology or

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

 9  health and the environment.

10         (c)  Include requirements the department deems

11  necessary which may include monitoring, operation, testing,

12  financial responsibility, closure, and remedial action.

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

14  this section in establishing the conditions of each permit

15  without separate establishment of rules implementing such

16  criteria.

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

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

19  with the protection of human health and the environment,

20  modify or waive permit application and permit issuance

21  requirements, except that there shall be no modification or

22  waiver of regulations regarding financial responsibility or of

23  procedures established regarding public participation.

24         (4)  The department may order an immediate termination

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

26  determination that termination is necessary to protect human

27  health and the environment.

28         Section 21.  Subsections (1), (2), (3), (4), (5), (6),

29  (7), (8), and (9) of section 403.722, Florida Statutes, are

30  amended to read:

31  

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 1         403.722  Permits; hazardous waste disposal, storage,

 2  and treatment facilities.--

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

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

 5  disposal, storage, or treatment facility shall obtain a

 6  construction permit, operation permit, postclosure permit,

 7  clean closure plan approval, or corrective action permit from

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

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

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

11  hazardous waste facility permits.

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

13  facility in operation on the effective date of the department

14  rule listing and identifying hazardous wastes shall file an

15  application for a temporary operation permit within 6 months

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

17  receipt of a properly completed application, shall identify

18  any department rules that which are being violated by the

19  facility and shall establish a compliance schedule.  However,

20  if the department determines that an imminent hazard exists,

21  the department may take any necessary action pursuant to s.

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

23  temporary operation permit to such facility within the time

24  constraints of s. 120.60 upon submission of a properly

25  completed application that which is in conformance with this

26  subsection. Temporary operation permits for such facilities

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

28  the temporary operation permit and upon proper application by

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

30  operation permit for such existing facilities if the applicant

31  has corrected all of the deficiencies identified in the

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 1  temporary operation permit and is in compliance with all other

 2  rules adopted pursuant to this act.

 3         (3)  Permit Applicants shall provide any information

 4  that which will enable the department to determine that the

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

 6  corrective action will comply with this act and any applicable

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

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

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

10  criteria for a hazardous waste facility. Authorizations

11  Permits issued under this section may include any permit

12  conditions necessary to achieve compliance with applicable

13  hazardous waste rules and necessary to protect human health

14  and the environment.

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

16  application, submission of information concerning matters

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

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

19  concentration of any hazardous waste identified or listed

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

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

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

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

24  stored; and

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

26  products of treatment of such hazardous waste will be

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

28  stored.

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

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

31  modify any such authorization permit.

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 1         (a)  Authorizations Permits may be revoked for failure

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

 3  terms of the authorization permit, the standards,

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

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

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

 7  inaccurate information in the permit application; or if

 8  necessary to protect the public health or the environment.

 9         (b)  Authorizations Permits may be modified, upon

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

11  in violation of this act or department rules or if the

12  department finds the modification necessary to enable the

13  facility to remain in compliance with this act and department

14  rules.

15         (c)  An owner or operator of a hazardous waste facility

16  in existence on the effective date of a department rule

17  changing an exemption or listing and identifying the hazardous

18  wastes that which require that facility to be permitted who

19  notifies the department pursuant to s. 403.72, and who has

20  applied for a permit pursuant to subsection (2), may continue

21  to operate until be issued a temporary operation permit. If

22  such owner or operator intends to or is required to

23  discontinue operation, the temporary operation permit must

24  include final closure conditions.

25         (6)  A hazardous waste facility permit issued pursuant

26  to this section shall satisfy the permit requirements of s.

27  403.707(1).  The permit exemptions provided in s. 403.707(2)

28  do shall not apply to hazardous waste.

29         (7)  The department may establish permit application

30  procedures for hazardous waste facilities, which procedures

31  may vary based on differences in amounts, types, and

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 1  concentrations of hazardous waste and on differences in the

 2  size and location of facilities and which procedures may take

 3  into account permitting procedures of other laws not in

 4  conflict with this act.

 5         (8)  For authorizations permits required by this

 6  section, the department may require that a fee be paid and may

 7  establish, by rule, a fee schedule based on the degree of

 8  hazard and the amount and type of hazardous waste disposed of,

 9  stored, or treated at the facility.

10         (9)  It shall not be a requirement for the issuance of

11  such a hazardous waste authorization permit that the facility

12  complies with an adopted local government comprehensive plan,

13  local land use ordinances, zoning ordinances or regulations,

14  or other local ordinances. However, the issuance of such an

15  authorization a permit issued by the department does shall not

16  override any adopted local plan, ordinance, or regulation

17  government comprehensive plans, local land use ordinances,

18  zoning ordinances or regulations, or other local ordinances.

19         Section 22.  Subsection (2) of section 403.7226,

20  Florida Statutes, is amended to read:

21         403.7226  Technical assistance by the department.--The

22  department shall:

23         (2)  Identify short-term needs and long-term needs for

24  hazardous waste management for the state on the basis of the

25  information gathered through the local hazardous waste

26  management assessments and other information from state and

27  federal regulatory agencies and sources. The state needs

28  assessment must be ongoing and must be updated when new data

29  concerning waste generation and waste management technologies

30  become available. The department shall annually send a copy of

31  this assessment to the Governor and to the Legislature.

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 1         Section 23.  Subsection (3) of section 403.724, Florida

 2  Statutes, is amended to read:

 3         403.724  Financial responsibility.--

 4         (3)  The amount of financial responsibility required

 5  shall be approved by the department upon each issuance,

 6  renewal, or modification of a hazardous waste facility

 7  authorization permit. Such factors as inflation rates and

 8  changes in operation may be considered when approving

 9  financial responsibility for the duration of the authorization

10  permit. The Office of Insurance Regulation of the Department

11  of Financial Services Commission shall be available to assist

12  the department in making this determination. In approving or

13  modifying the amount of financial responsibility, the

14  department shall consider:

15         (a)  The amount and type of hazardous waste involved;

16         (b)  The probable damage to human health and the

17  environment;

18         (c)  The danger and probable damage to private and

19  public property near the facility;

20         (d)  The probable time that the hazardous waste and

21  facility involved will endanger the public health, safety, and

22  welfare or the environment; and

23         (e)  The probable costs of properly closing the

24  facility and performing corrective action.

25         Section 24.  Section 403.7255, Florida Statutes, is

26  amended to read:

27         403.7255  Placement of signs Department to adopt

28  rules.--

29         (1)  The department shall adopt rules which establish

30  requirements and procedures for the placement of Signs must be

31  placed by the owner or operator at sites which may have been

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 1  contaminated by hazardous wastes. Sites shall include any site

 2  in the state which that is listed or proposed for listing on

 3  the Superfund Site List of the United States Environmental

 4  Protection Agency or any site identified by the department as

 5  a suspected or confirmed contaminated site contaminated by

 6  hazardous waste where there is may be a risk of exposure to

 7  the public. The requirements of This section does shall not

 8  apply to sites reported under ss. 376.3071 and 376.3072. The

 9  department shall establish requirements and procedures for the

10  placement of signs, and may do so in rules, permits, orders,

11  or other authorizations. The authorization rules shall

12  establish the appropriate size for such signs, which size

13  shall be no smaller than 2 feet by 2 feet, and shall provide

14  in clearly legible print appropriate warning language for the

15  waste or other materials at the site and a telephone number

16  that which may be called for further information.

17         (2)  Violations of this act are punishable as provided

18  in s. 403.161(4).

19         (3)  The provisions of this act are independent of and

20  cumulative to any other requirements and remedies in this

21  chapter or chapter 376, or any rules promulgated thereunder.

22         Section 25.  Subsection (5) of section 403.726, Florida

23  Statutes, is amended to read:

24         403.726  Abatement of imminent hazard caused by

25  hazardous substance.--

26         (5)  The department may issue a permit or order

27  requiring prompt abatement of an imminent hazard.

28         Section 26.  Section 403.7265, Florida Statutes, is

29  amended to read:

30         403.7265  Local hazardous waste collection program.--

31  

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 1         (1)  The Legislature recognizes the need for local

 2  governments to establish local hazardous waste management

 3  programs and local collection centers throughout the state.

 4  Local hazardous waste management programs are to educate and

 5  assist small businesses and households in properly managing

 6  the hazardous waste they generate.  Local collection centers

 7  are to serve a purpose similar to the collection locations

 8  used in the amnesty days program described in s. 403.7264.

 9  Such collection centers are to be operated to provide a

10  service to homeowners, farmers, and conditionally exempt small

11  quantity generators to encourage proper hazardous waste

12  management.  Local collection centers will allow local

13  governments the opportunity to provide a location for

14  collection and temporary storage of small quantities of

15  hazardous waste.  A private hazardous waste management company

16  should be responsible for collecting the waste within 90 days

17  for transfer to a permitted recycling, disposal, or treatment

18  facility.  In time, local collection centers are to become

19  privately operated businesses in order to reduce the burden of

20  hazardous waste collection on local government.

21         (2)  The department shall develop a statewide local

22  hazardous waste management plan which will ensure

23  comprehensive collection and proper management of hazardous

24  waste from small quantity generators and household hazardous

25  waste in Florida.  The plan shall address, at a minimum, a

26  network of local collection centers, transfer stations, and

27  expanded hazardous waste collection route services.  The plan

28  shall assess the need for additional compliance verification

29  inspections, enforcement, and penalties.  The plan shall

30  include a strategy, timetable, and budget for implementation.

31         (2)(3)  For the purposes of this section, the phrase:

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 1         (a)  "Collection center" means a secured site approved

 2  by the department to be used as a base for a hazardous waste

 3  collection facility.

 4         (b)  "Regional collection center" means a facility

 5  permitted by the department for the storage of hazardous

 6  wastes.

 7         (3)(4)  The department shall establish a grant program

 8  for local governments that which desire to provide a local or

 9  regional hazardous waste collection center. Grants shall be

10  authorized to cover collection center costs associated with

11  capital outlay for preparing a facility or site to safely

12  serve as a collection center and to cover costs of

13  administration, public awareness, and local amnesty days

14  programs. The total cost for administration and public

15  awareness may shall not exceed 10 percent of the grant award.

16  Grants shall be available on a competitive basis to local

17  governments which:

18         (a)  Comply with the provisions of ss. 403.7225 and

19  403.7264;

20         (b)  Design a collection center which is approved by

21  the department; and

22         (c)  Provide up to 33 percent of the capital outlay

23  money needed for the facility as matching money.

24         (4)(5)  The maximum amount of a grant for any local

25  government participating in the development of a collection

26  center is shall be $100,000.  If a regional collection

27  facility is designed, each participating county is shall be

28  eligible for up to $100,000. The department may is authorized

29  to use up to 1 percent of the funds appropriated for the local

30  hazardous waste collection center grant program for

31  

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 1  administrative costs and public education relating to proper

 2  hazardous waste management.

 3         (5)(6)  The department shall establish a cooperative

 4  collection center arrangement grant program enabling a local

 5  hazardous waste collection center grantee to receive a

 6  financial incentive for hosting an amnesty days program in a

 7  neighboring county that is currently unable to establish a

 8  permanent collection center, but desires a local hazardous

 9  waste collection. The grant may reimburse up to 75 percent of

10  the neighboring county's amnesty days.  Grants shall be

11  available, on a competitive basis, to local governments that

12  which:

13         (a)  Have established operational hazardous waste

14  collection centers and are willing to assume a host role,

15  similar to that of the state in the amnesty days program

16  described in s. 403.7264, in organizing a local hazardous

17  waste collection in the neighboring county.

18         (b)  Enter into, and jointly submit, an interlocal

19  agreement outlining department-established duties for both the

20  host local government and neighboring county.

21         (6)(7)  The maximum amount for the cooperative

22  collection center arrangement grant is $35,000, with a maximum

23  amnesty days reimbursement of $25,000, and a limit of $10,000

24  for the host local government.  The host local government may

25  receive up to $10,000 per cooperative collection center

26  arrangement in addition to its maximum local hazardous waste

27  collection center grant.

28         (7)(8)  The department may has the authority to

29  establish an additional local project grant program enabling a

30  local hazardous waste collection center grantee to receive

31  funding for unique projects that improve the collection and

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 1  lower the incidence of improper management of conditionally

 2  exempt or household hazardous waste.  Eligible local

 3  governments may receive up to $50,000 in grant funds for these

 4  unique and innovative projects, provided they match 25 percent

 5  of the grant amount. If the department finds that the project

 6  has statewide applicability and immediate benefits to other

 7  local hazardous waste collection programs in the state,

 8  matching funds are not required. This grant will not count

 9  toward the $100,000 maximum grant amount for development of a

10  collection center.

11         (8)(9)  The department may has the authority to use

12  grant funds authorized under this section to assist local

13  governments in carrying out the responsibilities and programs

14  specified in ss. 403.7225, 403.7226, 403.7234, 403.7236, and

15  403.7238.

16         Section 27.  Sections 403.7075, 403.756, and 403.7895,

17  Florida Statutes, are repealed.

18         Section 28.  Sections 403.78, 403.781, 403.782,

19  403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,

20  403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,

21  403.789, 403.7891, 403.7892, and 403.7893, Florida Statutes,

22  are repealed.

23         Section 29.  This act shall take effect July 1, 2007.

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                            CS/SB 2052

27                                 

28  Removes a fragmented sentence related to the financial
    assurance requirements of a permit.
29  

30  

31  

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