1 | A bill to be entitled |
2 | An act relating to solid waste disposal; amending s. |
3 | 403.708, F.S.; authorizing the disposal of yard trash at a |
4 | Class I landfill if the landfill has a system for |
5 | collecting landfill gas and arranging for the reuse of the |
6 | gas; requiring the Department of Environmental Protection |
7 | to develop and adopt a methodology to award recycling |
8 | credit for such use; requiring the landfill to obtain a |
9 | minor permit modification to its operating permit before |
10 | receiving yard trash; specifying which entities of local |
11 | government may accept incidental amounts of yard trash at |
12 | a landfill; providing applicability; providing an |
13 | effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Paragraph (c) of subsection (12) of section |
18 | 403.708, Florida Statutes, is amended to read: |
19 | 403.708 Prohibition; penalty.- |
20 | (12) A person who knows or should know of the nature of |
21 | the following types of solid waste may not dispose of such solid |
22 | waste in landfills: |
23 | (c)1. Yard trash in lined landfills classified by |
24 | department rule as Class I landfills, unless the Class I |
25 | landfill uses an active gas-collection system to collect |
26 | landfill gas generated at the disposal facility and provides or |
27 | arranges for a beneficial use of the gas. A Class I landfill may |
28 | also accept yard trash for the purpose of mulching and using the |
29 | yard trash to provide landfill cover for municipal solid waste |
30 | disposed at the landfill. The department shall, by rule, develop |
31 | and adopt a methodology to award recycling credit for the use or |
32 | disposal of yard trash at a Class I landfill having a gas- |
33 | collection system that makes beneficial use of the collected |
34 | landfill gas. A qualifying permitted Class I landfill must |
35 | obtain a minor permit modification to its operating permit which |
36 | describes the beneficial use being made of the landfill gas and |
37 | modifies the facility's operation plan before receiving yard |
38 | trash as authorized under this subparagraph. The permittee must |
39 | certify that gas collection and beneficial use will continue |
40 | after closure of the disposal facility that is accepting yard |
41 | trash. If the landfill is located in a county that owns and |
42 | operates a compost facility, waste-to-energy facility, or |
43 | biomass facility that sells renewable energy to a public utility |
44 | and that is authorized to accept yard trash, the department |
45 | shall provide the county with notice of, and opportunity to |
46 | comment on, the application for permit modification. |
47 | 2. Yard trash that is source separated from solid waste |
48 | may be accepted at a solid waste disposal area if where separate |
49 | yard trash composting facilities are provided and maintained. |
50 | The department recognizes that incidental amounts of yard trash |
51 | may be disposed of in Class I landfills. In any enforcement |
52 | action taken pursuant to this paragraph, the department shall |
53 | consider the difficulty of removing incidental amounts of yard |
54 | trash from a mixed solid waste stream. This limited exception |
55 | applies in all units of local government, including, but not |
56 | limited to, municipalities, counties, and special districts. |
57 | However, the exception does not apply to a county that currently |
58 | operates under a constitutional home rule charter authorized in |
59 | 1956 in a statewide referendum. The limited exception to the ban |
60 | on disposing of yard trash in a Class I landfill is not intended |
61 | to have a material impact on current operations at existing |
62 | waste-to-energy or biomass facilities. |
63 | Section 2. This act shall take effect July 1, 2010. |