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A bill to be entitled

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An act relating to the permitting of Class I landfills;

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amending s. 403.707, F.S.; prohibiting the Department of

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Environmental Protection from permitting the construction

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or expansion of Class I landfills within a specified

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distance of surface waters meeting certain criteria;

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requiring the department to consider impacts on certain

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surface waters when evaluating applications for permits

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for Class I landfills; prohibiting the permitting of Class

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I landfills if the department finds that the applicant has

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violated certain laws; defining the term "applicant";

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providing an effective date.

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

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     Section 1.  Subsections (5) and (8) of section 403.707,

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Florida Statutes, are amended to read:

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     403.707  Permits.--

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

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under pursuant to this part for:

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     1. Construction of a new solid waste landfill within 3,000

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feet of Class I surface waters.

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     2. Construction of a new Class I landfill or expansion of

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an existing Class I landfill within 1 mile of:

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     a. Class III surface waters or any surface waters that are

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used for recreation, propagation, and maintenance of a healthy,

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well-balanced population of fish and wildlife; or

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     b. Any surface waters that are a source of potable water.

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As used in this subparagraph, the term "waters that are a source

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of potable water" includes waters that are potable or that a

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public or private water treatment facility treats in order to

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provide potable water.

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     (b) In reviewing an application to construct a new Class I

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landfill or expand an existing Class I landfill the department

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shall specifically consider whether any surface waters flow in a

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direction that allows the new or expanded landfill to directly

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contaminate such surface waters.

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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

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that the application was submitted the applicant violated a state

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law or rule governing the disposal or management of hazardous

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waste, biomedical waste, or polychlorinated biphenyl waste in

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regard to the operation or maintenance of a solid waste

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management facility or solid waste disposal facility. If such

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finding by the department is under appeal in an administrative or

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judicial proceeding, the department may not approve the

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application until the appeal is exhausted.

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     (c) For the purposes of this section subsection, an

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

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

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subsidiary corporation, a partner, a corporate officer or

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

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stock of the corporation.

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     Section 2.  This act shall take effect July 1, 2008.