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A bill to be entitled

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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"; 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 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

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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 Governor, the President of the Senate, and the

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Speaker of the House of Representatives by February 1, 2009. The

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department shall develop standards and procedures for conducting

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the study and shall make recommendations to the Legislature

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regarding the expansion or construction of Class I landfills in

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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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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.