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The Committee on Environmental Preservation and Conservation

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(Gaetz) recommended the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete lines 19-47

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and insert:

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

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under pursuant to this part for construction of a new solid waste

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landfill within 3,000 feet of Class I surface waters.

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     (b) The department shall conduct a study regarding the

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appropriate distance a Class I landfill should be located from a

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Class III surface waters, as well as the extent to which water

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flow affects the carriage of pollutants to and from potable water

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sources and existing landfills. The results of this study shall

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be reported to the President of the Senate, the Speaker of the

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House of Representatives, and the Governor by February 1, 2009.

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The department shall develop standards and procedures for

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conducting the study and shall make recommendations to the

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Legislature regarding the expansion or construction of Class I

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landfills in the state upon the study's conclusion.

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

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applicant who by past conduct in this state has repeatedly

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

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conditions relating to any solid waste management facility and

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who is deemed to be irresponsible as defined by department rule.

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     (b) The department may not approve an application for the

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construction of a new Class I landfill or the expansion of an

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existing Class I landfill if, in an enforcement notice or order,

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the department finds that in the 3-year period before the date of

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the department's decision the applicant violated a state

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 2-11

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and insert:

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An act relating to the permitting of landfills; amending

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s. 403.707, F.S.; requiring the Department of

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Environmental Protection to conduct a study concerning the

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location of landfills and report to the Governor and the

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Legislature; prohibiting the permitting of Class I

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landfills if the department finds that the applicant has

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violated certain laws during a specified period; defining

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the term "applicant";

4/9/2008  1:16:00 PM     4-07037-08