Florida Senate - 2012 SB 716
By Senator Bennett
21-00696-12 2012716__
1 A bill to be entitled
2 An act relating to environmental regulation; amending
3 s. 125.022, F.S.; prohibiting a county from requiring
4 an applicant to obtain a permit or approval from any
5 state or federal agency as a condition of processing a
6 development permit under certain conditions;
7 authorizing a county to attach certain disclaimers to
8 the issuance of a development permit; creating s.
9 161.032, F.S.; requiring that the Department of
10 Environmental Protection review an application for
11 certain permits under the Beach and Shore Preservation
12 Act and request additional information within a
13 specified time; requiring that the department proceed
14 to process the application if the applicant believes
15 that a request for additional information is not
16 authorized by law or rule; extending the period for an
17 applicant to timely submit additional information,
18 notwithstanding certain provisions of the
19 Administrative Procedure Act; authorizing the
20 department to issue such permits in advance of the
21 issuance of certain authorizations as provided for in
22 the Endangered Species Act under certain conditions;
23 amending s. 161.041, F.S.; prohibiting the department
24 from requiring certain sediment quality specifications
25 or turbidity standards as a permit condition;
26 providing legislative intent with respect to
27 permitting for beach renourishment projects; directing
28 the department to amend specified rules relating to
29 permitting for such projects; amending s. 163.3180,
30 F.S.; providing an exemption to the level-of-service
31 standards adopted under the Strategic Intermodal
32 System for certain inland multimodal facilities;
33 specifying project criteria; amending s. 166.033,
34 F.S.; prohibiting a municipality from requiring an
35 applicant to obtain a permit or approval from any
36 state or federal agency as a condition of processing a
37 development permit under certain conditions;
38 authorizing a municipality to attach certain
39 disclaimers to the issuance of a development permit;
40 amending s. 218.075, F.S.; providing for the reduction
41 or waiver of permit processing fees relating to
42 projects that serve a public purpose for certain
43 entities created by special act, local ordinance, or
44 interlocal agreement; amending s. 258.397, F.S.;
45 providing an exemption from a showing of extreme
46 hardship relating to the sale, transfer, or lease of
47 sovereignty submerged lands in the Biscayne Bay
48 Aquatic Preserve for certain municipal applicants;
49 providing for additional dredging and filling
50 activities in the preserve; amending s. 373.026, F.S.;
51 requiring the department to expand its use of
52 Internet-based self-certification services for
53 exemptions and permits issued by the department and
54 water management districts; amending s. 373.4141,
55 F.S.; reducing the time within which a permit must be
56 approved, denied, or subject to notice of proposed
57 agency action; prohibiting a state agency or an agency
58 of the state from requiring additional permits or
59 approval from a local, state, or federal agency
60 without explicit authority; amending s. 373.4144,
61 F.S.; providing legislative intent with respect to the
62 coordination of regulatory duties among specified
63 state and federal agencies; encouraging expanded use
64 of the state programmatic general permit or regional
65 general permits; providing for a voluntary state
66 programmatic general permit for certain dredge and
67 fill activities; amending s. 373.441, F.S.; requiring
68 that certain counties or municipalities apply by a
69 specified date to the department or water management
70 district for authority to require certain permits;
71 providing that following such delegation, the
72 department or district may not regulate activities
73 that are subject to the delegation; clarifying the
74 authority of local governments to adopt pollution
75 control programs under certain conditions; providing
76 applicability with respect to solid mineral mining;
77 amending s. 376.3071, F.S.; exempting program
78 deductibles, copayments, and certain assessment report
79 requirements from expenditures under the low-scored
80 site initiative; amending s. 376.30715, F.S.;
81 providing that the transfer of a contaminated site
82 from an owner to a child of the owner or corporate
83 entity does not disqualify the site from the innocent
84 victim petroleum storage system restoration financial
85 assistance program; authorizing certain applicants to
86 reapply for financial assistance; amending s.
87 380.0657, F.S.; authorizing expedited permitting for
88 certain inland multimodal facilities that individually
89 or collectively will create a minimum number of jobs;
90 amending s. 403.061, F.S.; requiring the department to
91 establish reasonable zones of mixing for discharges
92 into specified waters; providing that exceedance of
93 certain groundwater standards does not create
94 liability for site cleanup; providing that exceedance
95 of soil cleanup target levels is not a basis for
96 enforcement or cleanup; amending s. 403.087, F.S.;
97 revising conditions under which the department is
98 authorized to revoke permits for sources of air and
99 water pollution; amending s. 403.1838, F.S.; revising
100 the definition of the term “financially disadvantaged
101 small community” for the purposes of the Small
102 Community Sewer Construction Assistance Act; amending
103 s. 403.7045, F.S.; providing conditions under which
104 sludge from an industrial waste treatment works is not
105 solid waste; amending s. 403.707, F.S.; exempting the
106 disposal of solid waste monitored by certain
107 groundwater monitoring plans from specific
108 authorization; extending the duration of all permits
109 issued to solid waste management facilities that meet
110 specified criteria; providing an exception; providing
111 for prorated permit fees; providing applicability;
112 amending s. 403.814, F.S.; providing for issuance of
113 general permits for the construction, alteration, and
114 maintenance of certain surface water management
115 systems without the action of the department or a
116 water management district; specifying conditions for
117 the general permits; amending s. 403.853, F.S.;
118 providing for the department, or a local county health
119 department designated by the department, to perform
120 sanitary surveys for certain transient noncommunity
121 water systems; amending s. 403.973, F.S.; authorizing
122 expedited permitting for certain commercial or
123 industrial development projects that individually or
124 collectively will create a minimum number of jobs;
125 providing for a project-specific memorandum of
126 agreement to apply to a project subject to expedited
127 permitting; clarifying the authority of the department
128 to enter final orders for the issuance of certain
129 licenses; revising criteria for the review of certain
130 sites; amending s. 526.203, F.S.; authorizing the sale
131 of unblended fuels for certain uses; revising the
132 deadline for completion of the installation of fuel
133 tank upgrades to secondary containment systems for
134 specified properties; providing an effective date.
135
136 Be It Enacted by the Legislature of the State of Florida:
137
138 Section 1. Section 125.022, Florida Statutes, is amended to
139 read:
140 125.022 Development permits.—When a county denies an
141 application for a development permit, the county shall give
142 written notice to the applicant. The notice must include a
143 citation to the applicable portions of an ordinance, rule,
144 statute, or other legal authority for the denial of the permit.
145 As used in this section, the term “development permit” has the
146 same meaning as in s. 163.3164. A county may not require as a
147 condition of processing a development permit that an applicant
148 obtain a permit or approval from any state or federal agency
149 unless the agency has issued a notice of intent to deny the
150 federal or state permit before the county action on the local
151 development permit. Issuance of a development permit by a county
152 does not in any way create any rights on the part of the
153 applicant to obtain a permit from a state or federal agency and
154 does not create any liability on the part of the county for
155 issuance of the permit if the applicant fails to fulfill its
156 legal obligations to obtain requisite approvals or fulfill the
157 obligations imposed by a state or federal agency. A county may
158 attach such a disclaimer to the issuance of a development
159 permit, and may include a permit condition that all other
160 applicable state or federal permits be obtained before
161 commencement of the development. This section does not prohibit
162 a county from providing information to an applicant regarding
163 what other state or federal permits may apply.
164 Section 2. Section 161.032, Florida Statutes, is created to
165 read:
166 161.032 Application review; request for additional
167 information.—
168 (1) Within 30 days after receipt of an application for a
169 permit under this part, the department shall review the
170 application and shall request submission of any additional
171 information the department is permitted by law to require. If
172 the applicant believes that a request for additional information
173 is not authorized by law or rule, the applicant may request a
174 hearing pursuant to s. 120.57. Within 30 days after receipt of
175 such additional information, the department shall review the
176 additional information and may request only that information
177 needed to clarify the additional information or to answer new
178 questions raised by or directly related to the additional
179 information. If the applicant believes that the request for
180 additional information by the department is not authorized by
181 law or rule, the department, at the applicant’s request, shall
182 proceed to process the permit application.
183 (2) Notwithstanding s. 120.60, an applicant for a permit
184 under this part has 90 days after the date of a timely request
185 for additional information to submit the information. If an
186 applicant requires more than 90 days in order to respond to a
187 request for additional information, the applicant must notify
188 the agency processing the permit application in writing of the
189 circumstances, at which time the application shall be held in
190 active status for no more than one additional period of up to 90
191 days. Additional extensions may be granted for good cause shown
192 by the applicant. A showing that the applicant is making a
193 diligent effort to obtain the requested additional information
194 constitutes good cause. Failure of an applicant to provide the
195 timely requested information by the applicable deadline shall
196 result in denial of the application without prejudice.
197 (3) Notwithstanding any other provision of law, the
198 department may issue a permit pursuant to this part in advance
199 of the issuance of any incidental take authorization as provided
200 for in the Endangered Species Act and its implementing
201 regulations if the permit and authorization include a condition
202 that authorized activities may not begin until the incidental
203 take authorization is issued.
204 Section 3. Subsections (5) and (6) are added to section
205 161.041, Florida Statutes, to read:
206 161.041 Permits required.—
207 (5) The department may not require as a permit condition
208 sediment quality specifications or turbidity standards more
209 stringent than those provided for in this chapter, chapter 373,
210 or the Florida Administrative Code. The department may not issue
211 guidelines that are enforceable as standards without going
212 through the rulemaking process pursuant to chapter 120.
213 (6) As an incentive for permit applicants, it is the
214 Legislature’s intent to simplify the permitting for periodic
215 maintenance of beach renourishment projects previously permitted
216 and restored under the joint coastal permit process pursuant to
217 this section or part IV of chapter 373. The department shall
218 amend chapters 62B-41 and 62B-49 of the Florida Administrative
219 Code to streamline the permitting process, as necessary, for
220 periodic maintenance projects.
221 Section 4. Subsection (7) is added to section 163.3180,
222 Florida Statutes, to read:
223 163.3180 Concurrency.—
224 (7) There shall be a limited exemption from the Strategic
225 Intermodal System adopted level-of-service standards for new or
226 redevelopment projects consistent with the local comprehensive
227 plan as inland multimodal facilities receiving or sending cargo
228 for distribution and providing cargo storage, consolidation,
229 repackaging, and transfer of goods, and which may, if developed
230 as proposed, include other intermodal terminals, related
231 transportation facilities, warehousing and distribution
232 facilities, and associated office space, light industrial,
233 manufacturing, and assembly uses. The limited exemption applies
234 if the project meets all of the following criteria:
235 (a) The project will not cause the adopted level-of-service
236 standards for the Strategic Intermodal System facilities to be
237 exceeded by more than 150 percent within the first 5 years of
238 the project’s development.
239 (b) The project, upon completion, would result in the
240 creation of at least 50 full-time jobs.
241 (c) The project is compatible with existing and planned
242 adjacent land uses.
243 (d) The project is consistent with local and regional
244 economic development goals or plans.
245 (e) The project is proximate to regionally significant road
246 and rail transportation facilities.
247 (f) The project is proximate to a community having an
248 unemployment rate, as of the date of the development order
249 application, which is 10 percent or more above the statewide
250 reported average.
251 (g) The local government has a plan, developed in
252 consultation with the Department of Transportation, for
253 mitigating any impacts to the strategic intermodal system.
254 Section 5. Section 166.033, Florida Statutes, is amended to
255 read:
256 166.033 Development permits.—When a municipality denies an
257 application for a development permit, the municipality shall
258 give written notice to the applicant. The notice must include a
259 citation to the applicable portions of an ordinance, rule,
260 statute, or other legal authority for the denial of the permit.
261 As used in this section, the term “development permit” has the
262 same meaning as in s. 163.3164. A municipality may not require
263 as a condition of processing a development permit that an
264 applicant obtain a permit or approval from any state or federal
265 agency unless the agency has issued a notice of intent to deny
266 the federal or state permit before the municipal action on the
267 local development permit. Issuance of a development permit by a
268 municipality does not in any way create any right on the part of
269 an applicant to obtain a permit from a state or federal agency
270 and does not create any liability on the part of the
271 municipality for issuance of the permit if the applicant fails
272 to fulfill its legal obligations to obtain requisite approvals
273 or fulfill the obligations imposed by a state or federal agency.
274 A municipality may attach such a disclaimer to the issuance of
275 development permits and may include a permit condition that all
276 other applicable state or federal permits be obtained before
277 commencement of the development. This section does not prohibit
278 a municipality from providing information to an applicant
279 regarding what other state or federal permits may apply.
280 Section 6. Section 218.075, Florida Statutes, is amended to
281 read:
282 218.075 Reduction or waiver of permit processing fees.
283 Notwithstanding any other provision of law, the Department of
284 Environmental Protection and the water management districts
285 shall reduce or waive permit processing fees for counties with a
286 population of 50,000 or less on April 1, 1994, until such
287 counties exceed a population of 75,000 and municipalities with a
288 population of 25,000 or less, or for an entity created by
289 special act, local ordinance, or interlocal agreement of such
290 counties or municipalities, or for any county or municipality
291 not included within a metropolitan statistical area. Fee
292 reductions or waivers shall be approved on the basis of fiscal
293 hardship or environmental need for a particular project or
294 activity. The governing body must certify that the cost of the
295 permit processing fee is a fiscal hardship due to one of the
296 following factors:
297 (1) Per capita taxable value is less than the statewide
298 average for the current fiscal year;
299 (2) Percentage of assessed property value that is exempt
300 from ad valorem taxation is higher than the statewide average
301 for the current fiscal year;
302 (3) Any condition specified in s. 218.503(1) which results
303 in the county or municipality being in a state of financial
304 emergency;
305 (4) Ad valorem operating millage rate for the current
306 fiscal year is greater than 8 mills; or
307 (5) A financial condition that is documented in annual
308 financial statements at the end of the current fiscal year and
309 indicates an inability to pay the permit processing fee during
310 that fiscal year.
311
312 The permit applicant must be the governing body of a county or
313 municipality or a third party under contract with a county or
314 municipality or an entity created by special act, local
315 ordinance, or interlocal agreement and the project for which the
316 fee reduction or waiver is sought must serve a public purpose.
317 If a permit processing fee is reduced, the total fee shall not
318 exceed $100.
319 Section 7. Paragraphs (a) and (b) of subsection (3) of
320 section 258.397, Florida Statutes, are amended to read:
321 258.397 Biscayne Bay Aquatic Preserve.—
322 (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
323 Internal Improvement Trust Fund is authorized and directed to
324 maintain the aquatic preserve hereby created pursuant and
325 subject to the following provisions:
326 (a) No further Sale, transfer, or lease of sovereignty
327 submerged lands in the preserve may not shall be approved or
328 consummated by the board of trustees, except upon a showing of
329 extreme hardship on the part of the applicant and a
330 determination by the board of trustees that such sale, transfer,
331 or lease is in the public interest. A municipal applicant
332 proposing a project under paragraph (b) is exempt from showing
333 extreme hardship.
334 (b) No further Dredging or filling of submerged lands of
335 the preserve may not shall be approved or tolerated by the board
336 of trustees except:
337 1. Such minimum dredging and spoiling as may be authorized
338 for public navigation projects or for such minimum dredging and
339 spoiling as may be constituted as a public necessity or for
340 preservation of the bay according to the expressed intent of
341 this section.
342 2. Such other alteration of physical conditions, including
343 the placement of riprap, as may be necessary to enhance the
344 quality and utility of the preserve.
345 3. Such minimum dredging and filling as may be authorized
346 for the creation and maintenance of marinas, piers, and docks
347 and their attendant navigation channels and access roads. Such
348 projects may only be authorized only upon a specific finding by
349 the board of trustees that there is assurance that the project
350 will be constructed and operated in a manner that will not
351 adversely affect the water quality and utility of the preserve.
352 This subparagraph does shall not authorize the connection of
353 upland canals to the waters of the preserve.
354 4. Such dredging as is necessary for the purpose of
355 eliminating conditions hazardous to the public health or for the
356 purpose of eliminating stagnant waters, islands, and spoil
357 banks, the dredging of which would enhance the aesthetic and
358 environmental quality and utility of the preserve and be clearly
359 in the public interest as determined by the board of trustees.
360 5. Such dredging and filling as is necessary for the
361 creation of public waterfront promenades.
362
363 Any dredging or filling under this subsection or improvements
364 under subsection (5) may shall be approved only after public
365 notice as provided by s. 253.115.
366 Section 8. Subsection (10) is added to section 373.026,
367 Florida Statutes, to read:
368 373.026 General powers and duties of the department.—The
369 department, or its successor agency, shall be responsible for
370 the administration of this chapter at the state level. However,
371 it is the policy of the state that, to the greatest extent
372 possible, the department may enter into interagency or
373 interlocal agreements with any other state agency, any water
374 management district, or any local government conducting programs
375 related to or materially affecting the water resources of the
376 state. All such agreements shall be subject to the provisions of
377 s. 373.046. In addition to its other powers and duties, the
378 department shall, to the greatest extent possible:
379 (10) Expand the use of Internet-based self-certification
380 services for appropriate exemptions and general permits issued
381 by the department and the water management districts, if such
382 expansion is economically feasible. In addition to expanding the
383 use of Internet-based self-certification services for
384 appropriate exemptions and general permits, the department and
385 water management districts shall identify and develop general
386 permits for appropriate activities currently requiring
387 individual review which could be expedited through the use of
388 applicable professional certification.
389 Section 9. Subsection (2) of section 373.4141, Florida
390 Statutes, is amended, and subsection (4) is added to that
391 section, to read:
392 373.4141 Permits; processing.—
393 (2) A permit shall be approved, or denied, or subject to a
394 notice of proposed agency action within 60 90 days after receipt
395 of the original application, the last item of timely requested
396 additional material, or the applicant’s written request to begin
397 processing the permit application.
398 (4) A state agency or an agency of the state may not
399 require as a condition of approval for a permit or as an item to
400 complete a pending permit application that an applicant obtain a
401 permit or approval from any other local, state, or federal
402 agency without explicit statutory authority to require such
403 permit or approval.
404 Section 10. Section 373.4144, Florida Statutes, is amended
405 to read:
406 373.4144 Federal environmental permitting.—
407 (1) It is the intent of the Legislature to:
408 (a) Facilitate coordination and a more efficient process of
409 implementing regulatory duties and functions between the
410 Department of Environmental Protection, the water management
411 districts, the United States Army Corps of Engineers, the United
412 States Fish and Wildlife Service, the National Marine Fisheries
413 Service, the United States Environmental Protection Agency, the
414 Fish and Wildlife Conservation Commission, and other relevant
415 federal and state agencies.
416 (b) Authorize the Department of Environmental Protection to
417 obtain issuance by the United States Army Corps of Engineers,
418 pursuant to state and federal law and as set forth in this
419 section, of an expanded state programmatic general permit, or a
420 series of regional general permits, for categories of activities
421 in waters of the United States governed by the Clean Water Act
422 and in navigable waters under the Rivers and Harbors Act of 1899
423 which are similar in nature, which will cause only minimal
424 adverse environmental effects when performed separately, and
425 which will have only minimal cumulative adverse effects on the
426 environment.
427 (c) Use the mechanism of such a state general permit or
428 such regional general permits to eliminate overlapping federal
429 regulations and state rules that seek to protect the same
430 resource and to avoid duplication of permitting between the
431 United States Army Corps of Engineers and the department for
432 minor work located in waters of the United States, including
433 navigable waters, thus eliminating, in appropriate cases, the
434 need for a separate individual approval from the United States
435 Army Corps of Engineers while ensuring the most stringent
436 protection of wetland resources.
437 (d) Direct the department not to seek issuance of or take
438 any action pursuant to any such permit or permits unless such
439 conditions are at least as protective of the environment and
440 natural resources as existing state law under this part and
441 federal law under the Clean Water Act and the Rivers and Harbors
442 Act of 1899. The department is directed to develop, on or before
443 October 1, 2005, a mechanism or plan to consolidate, to the
444 maximum extent practicable, the federal and state wetland
445 permitting programs. It is the intent of the Legislature that
446 all dredge and fill activities impacting 10 acres or less of
447 wetlands or waters, including navigable waters, be processed by
448 the state as part of the environmental resource permitting
449 program implemented by the department and the water management
450 districts. The resulting mechanism or plan shall analyze and
451 propose the development of an expanded state programmatic
452 general permit program in conjunction with the United States
453 Army Corps of Engineers pursuant to s. 404 of the Clean Water
454 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
455 and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
456 or in combination with an expanded state programmatic general
457 permit, the mechanism or plan may propose the creation of a
458 series of regional general permits issued by the United States
459 Army Corps of Engineers pursuant to the referenced statutes. All
460 of the regional general permits must be administered by the
461 department or the water management districts or their designees.
462 (2) In order to effectuate efficient wetland permitting and
463 avoid duplication, the department and water management districts
464 are authorized to implement a voluntary state programmatic
465 general permit for all dredge and fill activities impacting 3
466 acres or less of wetlands or other surface waters, including
467 navigable waters, subject to agreement with the United States
468 Army Corps of Engineers, if the general permit is at least as
469 protective of the environment and natural resources as existing
470 state law under this part and federal law under the Clean Water
471 Act and the Rivers and Harbors Act of 1899. The department is
472 directed to file with the Speaker of the House of
473 Representatives and the President of the Senate a report
474 proposing any required federal and state statutory changes that
475 would be necessary to accomplish the directives listed in this
476 section and to coordinate with the Florida Congressional
477 Delegation on any necessary changes to federal law to implement
478 the directives.
479 (3) Nothing in This section may not shall be construed to
480 preclude the department from pursuing a series of regional
481 general permits for construction activities in wetlands or
482 surface waters or complete assumption of federal permitting
483 programs regulating the discharge of dredged or fill material
484 pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
485 as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
486 and Harbors Act of 1899, so long as the assumption encompasses
487 all dredge and fill activities in, on, or over jurisdictional
488 wetlands or waters, including navigable waters, within the
489 state.
490 Section 11. Present subsections (3), (4), and (5) of
491 section 373.441, Florida Statutes, are renumbered as subsections
492 (7), (8), and (9), respectively, and new subsections (3), (4),
493 (5), and (6) are added to that section to read:
494 373.441 Role of counties, municipalities, and local
495 pollution control programs in permit processing; delegation.—
496 (3) A county or municipality having a population of 400,000
497 or more that implements a local pollution control program
498 regulating all or a portion of the wetlands or surface waters
499 throughout its geographic boundary must apply for delegation of
500 state environmental resource permitting authority on or before
501 January 1, 2014. If such a county or municipality fails to
502 receive delegation of all or a portion of state environmental
503 resource permitting authority within 2 years after submitting
504 its application for delegation or by January 1, 2016, at the
505 latest, it may not require permits that in part or in full are
506 substantially similar to the requirements needed to obtain an
507 environmental resource permit. A county or municipality that has
508 received delegation before January 1, 2014, does not need to
509 reapply.
510 (4) The department is responsible for all delegations of
511 state environmental resource permitting authority to local
512 governments. The department must grant or deny an application
513 for delegation submitted by a county or municipality that meets
514 the criteria in subsection (3) within 2 years after the receipt
515 of the application. If an application for delegation is denied,
516 any available legal challenge to such denial shall toll the
517 preemption deadline until resolution of the legal challenge.
518 Upon delegation to a qualified local government, the department
519 and water management district may not regulate the activities
520 subject to the delegation within that jurisdiction.
521 (5) This section does not prohibit or limit a local
522 government that meets the criteria in subsection (3) from
523 regulating wetlands or surface waters after January 1, 2014, if
524 the local government receives delegation of all or a portion of
525 state environmental resource permitting authority within 2 years
526 after submitting its application for delegation.
527 (6) Notwithstanding subsections (3), (4), and (5), this
528 section does not apply to environmental resource permitting or
529 reclamation applications for solid mineral mining and does not
530 prohibit the application of local government regulations to any
531 new solid mineral mine or any proposed addition to, change to,
532 or expansion of an existing solid mineral mine.
533 Section 12. Paragraph (b) of subsection (11) of section
534 376.3071, Florida Statutes, is amended to read:
535 376.3071 Inland Protection Trust Fund; creation; purposes;
536 funding.—
537 (11)
538 (b) Low-scored site initiative.—Notwithstanding s.
539 376.30711, any site with a priority ranking score of 10 points
540 or less may voluntarily participate in the low-scored site
541 initiative, whether or not the site is eligible for state
542 restoration funding.
543 1. To participate in the low-scored site initiative, the
544 responsible party or property owner must affirmatively
545 demonstrate that the following conditions are met:
546 a. Upon reassessment pursuant to department rule, the site
547 retains a priority ranking score of 10 points or less.
548 b. No excessively contaminated soil, as defined by
549 department rule, exists onsite as a result of a release of
550 petroleum products.
551 c. A minimum of 6 months of groundwater monitoring
552 indicates that the plume is shrinking or stable.
553 d. The release of petroleum products at the site does not
554 adversely affect adjacent surface waters, including their
555 effects on human health and the environment.
556 e. The area of groundwater containing the petroleum
557 products’ chemicals of concern is less than one-quarter acre and
558 is confined to the source property boundaries of the real
559 property on which the discharge originated.
560 f. Soils onsite that are subject to human exposure found
561 between land surface and 2 feet below land surface meet the soil
562 cleanup target levels established by department rule or human
563 exposure is limited by appropriate institutional or engineering
564 controls.
565 2. Upon affirmative demonstration of the conditions under
566 subparagraph 1., the department shall issue a determination of
567 “No Further Action.” Such determination acknowledges that
568 minimal contamination exists onsite and that such contamination
569 is not a threat to human health or the environment. If no
570 contamination is detected, the department may issue a site
571 rehabilitation completion order.
572 3. Sites that are eligible for state restoration funding
573 may receive payment of preapproved costs for the low-scored site
574 initiative as follows:
575 a. A responsible party or property owner may submit an
576 assessment plan designed to affirmatively demonstrate that the
577 site meets the conditions under subparagraph 1. Notwithstanding
578 the priority ranking score of the site, the department may
579 preapprove the cost of the assessment pursuant to s. 376.30711,
580 including 6 months of groundwater monitoring, not to exceed
581 $30,000 for each site. The department may not pay the costs
582 associated with the establishment of institutional or
583 engineering controls.
584 b. The assessment work shall be completed no later than 6
585 months after the department issues its approval.
586 c. No more than $10 million for the low-scored site
587 initiative may shall be encumbered from the Inland Protection
588 Trust Fund in any fiscal year. Funds shall be made available on
589 a first-come, first-served basis and shall be limited to 10
590 sites in each fiscal year for each responsible party or property
591 owner.
592 d. Program deductibles, copayments, and the limited
593 contamination assessment report requirements under paragraph
594 (13)(c) do not apply to expenditures under this paragraph.
595 Section 13. Section 376.30715, Florida Statutes, is amended
596 to read:
597 376.30715 Innocent victim petroleum storage system
598 restoration.—A contaminated site acquired by the current owner
599 prior to July 1, 1990, which has ceased operating as a petroleum
600 storage or retail business prior to January 1, 1985, is eligible
601 for financial assistance pursuant to s. 376.305(6),
602 notwithstanding s. 376.305(6)(a). For purposes of this section,
603 the term “acquired” means the acquisition of title to the
604 property; however, a subsequent transfer of the property to a
605 spouse or child of the owner, a surviving spouse or child of the
606 owner in trust or free of trust, or a revocable trust created
607 for the benefit of the settlor, or a corporate entity created by
608 the owner to hold title to the site does not disqualify the site
609 from financial assistance pursuant to s. 376.305(6) and
610 applicants previously denied coverage may reapply. Eligible
611 sites shall be ranked in accordance with s. 376.3071(5).
612 Section 14. Subsection (1) of section 380.0657, Florida
613 Statutes, is amended to read:
614 380.0657 Expedited permitting process for economic
615 development projects.—
616 (1) The Department of Environmental Protection and, as
617 appropriate, the water management districts created under
618 chapter 373 shall adopt programs to expedite the processing of
619 wetland resource and environmental resource permits for economic
620 development projects that have been identified by a municipality
621 or county as meeting the definition of target industry
622 businesses under s. 288.106, or any inland multimodal facility
623 receiving or sending cargo to or from Florida ports, with the
624 exception of those projects requiring approval by the Board of
625 Trustees of the Internal Improvement Trust Fund.
626 Section 15. Subsection (11) of section 403.061, Florida
627 Statutes, is amended to read:
628 403.061 Department; powers and duties.—The department shall
629 have the power and the duty to control and prohibit pollution of
630 air and water in accordance with the law and rules adopted and
631 promulgated by it and, for this purpose, to:
632 (11) Establish ambient air quality and water quality
633 standards for the state as a whole or for any part thereof, and
634 also standards for the abatement of excessive and unnecessary
635 noise. The department is authorized to establish reasonable
636 zones of mixing for discharges into waters. For existing
637 installations as defined by rule 62-520.200(10), Florida
638 Administrative Code, effective July 12, 2009, zones of discharge
639 to groundwater are authorized to a facility’s or owner’s
640 property boundary and extending to the base of a specifically
641 designated aquifer or aquifers. Exceedance of primary and
642 secondary groundwater standards that occur within a zone of
643 discharge does not create liability pursuant to this chapter or
644 chapter 376 for site cleanup, and the exceedance of soil cleanup
645 target levels is not a basis for enforcement or site cleanup.
646 (a) When a receiving body of water fails to meet a water
647 quality standard for pollutants set forth in department rules, a
648 steam electric generating plant discharge of pollutants that is
649 existing or licensed under this chapter on July 1, 1984, may
650 nevertheless be granted a mixing zone, provided that:
651 1. The standard would not be met in the water body in the
652 absence of the discharge;
653 2. The discharge is in compliance with all applicable
654 technology-based effluent limitations;
655 3. The discharge does not cause a measurable increase in
656 the degree of noncompliance with the standard at the boundary of
657 the mixing zone; and
658 4. The discharge otherwise complies with the mixing zone
659 provisions specified in department rules.
660 (b) No Mixing zones zone for point source discharges are
661 not shall be permitted in Outstanding Florida Waters except for:
662 1. Sources that have received permits from the department
663 prior to April 1, 1982, or the date of designation, whichever is
664 later;
665 2. Blowdown from new power plants certified pursuant to the
666 Florida Electrical Power Plant Siting Act;
667 3. Discharges of water necessary for water management
668 purposes which have been approved by the governing board of a
669 water management district and, if required by law, by the
670 secretary; and
671 4. The discharge of demineralization concentrate which has
672 been determined permittable under s. 403.0882 and which meets
673 the specific provisions of s. 403.0882(4)(a) and (b), if the
674 proposed discharge is clearly in the public interest.
675 (c) The department, by rule, shall establish water quality
676 criteria for wetlands which criteria give appropriate
677 recognition to the water quality of such wetlands in their
678 natural state.
679
680 Nothing in This act may not be shall be construed to invalidate
681 any existing department rule relating to mixing zones. The
682 department shall cooperate with the Department of Highway Safety
683 and Motor Vehicles in the development of regulations required by
684 s. 316.272(1).
685
686 The department shall implement such programs in conjunction with
687 its other powers and duties and shall place special emphasis on
688 reducing and eliminating contamination that presents a threat to
689 humans, animals or plants, or to the environment.
690 Section 16. Subsection (7) of section 403.087, Florida
691 Statutes, is amended to read:
692 403.087 Permits; general issuance; denial; revocation;
693 prohibition; penalty.—
694 (7) A permit issued pursuant to this section does shall not
695 become a vested right in the permittee. The department may
696 revoke any permit issued by it if it finds that the permitholder
697 has:
698 (a) Has Submitted false or inaccurate information in the
699 his or her application for the permit;
700 (b) Has Violated law, department orders, rules, or
701 regulations, or permit conditions;
702 (c) Has Failed to submit operational reports or other
703 information required by department rule which directly relate to
704 the permit and has refused to correct or cure such violations
705 when requested to do so or regulation; or
706 (d) Has Refused lawful inspection under s. 403.091 at the
707 facility authorized by the permit.
708 Section 17. Subsection (2) of section 403.1838, Florida
709 Statutes, is amended to read:
710 403.1838 Small Community Sewer Construction Assistance
711 Act.—
712 (2) The department shall use funds specifically
713 appropriated to award grants under this section to assist
714 financially disadvantaged small communities with their needs for
715 adequate sewer facilities. For purposes of this section, the
716 term “financially disadvantaged small community” means a
717 municipality that has with a population of 10,000 7,500 or fewer
718 less, according to the latest decennial census and a per capita
719 annual income less than the state per capita annual income as
720 determined by the United States Department of Commerce.
721 Section 18. Paragraph (f) of subsection (1) of section
722 403.7045, Florida Statutes, is amended to read:
723 403.7045 Application of act and integration with other
724 acts.—
725 (1) The following wastes or activities shall not be
726 regulated pursuant to this act:
727 (f) Industrial byproducts, if:
728 1. A majority of the industrial byproducts are demonstrated
729 to be sold, used, or reused within 1 year.
730 2. The industrial byproducts are not discharged, deposited,
731 injected, dumped, spilled, leaked, or placed upon any land or
732 water so that such industrial byproducts, or any constituent
733 thereof, may enter other lands or be emitted into the air or
734 discharged into any waters, including groundwaters, or otherwise
735 enter the environment such that a threat of contamination in
736 excess of applicable department standards and criteria or a
737 significant threat to public health is caused.
738 3. The industrial byproducts are not hazardous wastes as
739 defined under s. 403.703 and rules adopted under this section.
740
741 Sludge from an industrial waste treatment works that meets the
742 exemption requirements of this paragraph is not solid waste as
743 defined in s. 403.703(32).
744 Section 19. Subsections (2) and (3) of section 403.707,
745 Florida Statutes, are amended to read:
746 403.707 Permits.—
747 (2) Except as provided in s. 403.722(6), a permit under
748 this section is not required for the following, if the activity
749 does not create a public nuisance or any condition adversely
750 affecting the environment or public health and does not violate
751 other state or local laws, ordinances, rules, regulations, or
752 orders:
753 (a) Disposal by persons of solid waste resulting from their
754 own activities on their own property, if such waste is ordinary
755 household waste from their residential property or is rocks,
756 soils, trees, tree remains, and other vegetative matter that
757 normally result from land development operations. Disposal of
758 materials that could create a public nuisance or adversely
759 affect the environment or public health, such as white goods;
760 automotive materials, such as batteries and tires; petroleum
761 products; pesticides; solvents; or hazardous substances, is not
762 covered under this exemption.
763 (b) Storage in containers by persons of solid waste
764 resulting from their own activities on their property, leased or
765 rented property, or property subject to a homeowners’ homeowners
766 or maintenance association for which the person contributes
767 association assessments, if the solid waste in such containers
768 is collected at least once a week.
769 (c) Disposal by persons of solid waste resulting from their
770 own activities on their property, if the environmental effects
771 of such disposal on groundwater and surface waters are:
772 1. Addressed or authorized by a site certification order
773 issued under part II or a permit issued by the department under
774 this chapter or rules adopted pursuant to this chapter; or
775 2. Addressed or authorized by, or exempted from the
776 requirement to obtain, a groundwater monitoring plan approved by
777 the department. If a facility has a permit authorizing disposal
778 activity, new areas where solid waste is being disposed of which
779 are monitored by an existing or modified groundwater monitoring
780 plan are not required to be specifically authorized in a permit
781 or other certification.
782 (d) Disposal by persons of solid waste resulting from their
783 own activities on their own property, if such disposal occurred
784 prior to October 1, 1988.
785 (e) Disposal of solid waste resulting from normal farming
786 operations as defined by department rule. Polyethylene
787 agricultural plastic, damaged, nonsalvageable, untreated wood
788 pallets, and packing material that cannot be feasibly recycled,
789 which are used in connection with agricultural operations
790 related to the growing, harvesting, or maintenance of crops, may
791 be disposed of by open burning if a public nuisance or any
792 condition adversely affecting the environment or the public
793 health is not created by the open burning and state or federal
794 ambient air quality standards are not violated.
795 (f) The use of clean debris as fill material in any area.
796 However, this paragraph does not exempt any person from
797 obtaining any other required permits, and does not affect a
798 person’s responsibility to dispose of clean debris appropriately
799 if it is not to be used as fill material.
800 (g) Compost operations that produce less than 50 cubic
801 yards of compost per year when the compost produced is used on
802 the property where the compost operation is located.
803 (3)(a) All applicable provisions of ss. 403.087 and
804 403.088, relating to permits, apply to the control of solid
805 waste management facilities.
806 (b) Any permit issued to a solid waste management facility
807 that is designed with a leachate control system that meets
808 department requirements shall be issued for a term of 20 years
809 unless the applicant requests a lesser permit term. Existing
810 permit fees for qualifying solid waste management facilities
811 shall be prorated to the permit term authorized by this section.
812 This paragraph applies to all qualifying solid waste management
813 facilities that apply for an operating or construction permit or
814 renew an existing operating or construction permit on or after
815 July 1, 2012.
816 Section 20. Subsection (12) is added to section 403.814,
817 Florida Statutes, to read:
818 403.814 General permits; delegation.—
819 (12) A general permit shall be granted for the
820 construction, alteration, and maintenance of a surface water
821 management system serving a total project area of up to 10
822 acres. The construction of such a system may proceed without any
823 agency action by the department or water management district if:
824 (a) The total project area is less than 10 acres;
825 (b) The total project area involves less than 2 acres of
826 impervious surface;
827 (c) No activities will impact wetlands or other surface
828 waters;
829 (d) No activities are conducted in, on, or over wetlands or
830 other surface waters;
831 (e) Drainage facilities will not include pipes having
832 diameters greater than 24 inches, or the hydraulic equivalent,
833 and will not use pumps in any manner;
834 (f) The project is not part of a larger common plan,
835 development, or sale;
836 (g) The project does not:
837 1. Cause adverse water quantity or flooding impacts to
838 receiving water and adjacent lands;
839 2. Cause adverse impacts to existing surface water storage
840 and conveyance capabilities;
841 3. Cause a violation of state water quality standards; or
842 4. Cause an adverse impact to the maintenance of surface or
843 ground water levels or surface water flows established pursuant
844 to s. 373.042 or a work of the district established pursuant to
845 s. 373.086; and
846 (h) The surface water management system design plans are
847 signed and sealed by a Florida registered professional who
848 attests that the system will perform and function as proposed
849 and has been designed in accordance with appropriate, generally
850 accepted performance standards and scientific principles.
851 Section 21. Subsection (6) of section 403.853, Florida
852 Statutes, is amended to read:
853 403.853 Drinking water standards.—
854 (6) Upon the request of the owner or operator of a
855 transient noncommunity water system using groundwater as a
856 source of supply and serving religious institutions or
857 businesses, other than restaurants or other public food service
858 establishments or religious institutions with school or day care
859 services, and using groundwater as a source of supply, the
860 department, or a local county health department designated by
861 the department, shall perform a sanitary survey of the facility.
862 Upon receipt of satisfactory survey results according to
863 department criteria, the department shall reduce the
864 requirements of such owner or operator from monitoring and
865 reporting on a quarterly basis to performing these functions on
866 an annual basis. Any revised monitoring and reporting schedule
867 approved by the department under this subsection shall apply
868 until such time as a violation of applicable state or federal
869 primary drinking water standards is determined by the system
870 owner or operator, by the department, or by an agency designated
871 by the department, after a random or routine sanitary survey.
872 Certified operators are not required for transient noncommunity
873 water systems of the type and size covered by this subsection.
874 Any reports required of such system shall be limited to the
875 minimum as required by federal law. When not contrary to the
876 provisions of federal law, the department may, upon request and
877 by rule, waive additional provisions of state drinking water
878 regulations for such systems.
879 Section 22. Paragraph (a) of subsection (3) and subsections
880 (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
881 Florida Statutes, are amended to read:
882 403.973 Expedited permitting; amendments to comprehensive
883 plans.—
884 (3)(a) The secretary shall direct the creation of regional
885 permit action teams for the purpose of expediting review of
886 permit applications and local comprehensive plan amendments
887 submitted by:
888 1. Businesses creating at least 50 jobs or a commercial or
889 industrial development project that will be occupied by
890 businesses that would individually or collectively create at
891 least 50 jobs; or
892 2. Businesses creating at least 25 jobs if the project is
893 located in an enterprise zone, or in a county having a
894 population of fewer than 75,000 or in a county having a
895 population of fewer than 125,000 which is contiguous to a county
896 having a population of fewer than 75,000, as determined by the
897 most recent decennial census, residing in incorporated and
898 unincorporated areas of the county.
899 (4) The regional teams shall be established through the
900 execution of a project-specific memoranda of agreement developed
901 and executed by the applicant and the secretary, with input
902 solicited from the Department of Economic Opportunity and the
903 respective heads of the Department of Transportation and its
904 district offices, the Department of Agriculture and Consumer
905 Services, the Fish and Wildlife Conservation Commission,
906 appropriate regional planning councils, appropriate water
907 management districts, and voluntarily participating
908 municipalities and counties. The memoranda of agreement should
909 also accommodate participation in this expedited process by
910 other local governments and federal agencies as circumstances
911 warrant.
912 (5) In order to facilitate local government’s option to
913 participate in this expedited review process, the secretary
914 shall, in cooperation with local governments and participating
915 state agencies, create a standard form memorandum of agreement.
916 The standard form of the memorandum of agreement shall be used
917 only if the local government participates in the expedited
918 review process. In the absence of local government
919 participation, only the project-specific memorandum of agreement
920 executed pursuant to subsection (4) applies. A local government
921 shall hold a duly noticed public workshop to review and explain
922 to the public the expedited permitting process and the terms and
923 conditions of the standard form memorandum of agreement.
924 (10) The memoranda of agreement may provide for the waiver
925 or modification of procedural rules prescribing forms, fees,
926 procedures, or time limits for the review or processing of
927 permit applications under the jurisdiction of those agencies
928 that are members of the regional permit action team party to the
929 memoranda of agreement. Notwithstanding any other provision of
930 law to the contrary, a memorandum of agreement must to the
931 extent feasible provide for proceedings and hearings otherwise
932 held separately by the parties to the memorandum of agreement to
933 be combined into one proceeding or held jointly and at one
934 location. Such waivers or modifications are not authorized shall
935 not be available for permit applications governed by federally
936 delegated or approved permitting programs, the requirements of
937 which would prohibit, or be inconsistent with, such a waiver or
938 modification.
939 (11) The standard form for memoranda of agreement shall
940 include guidelines to be used in working with state, regional,
941 and local permitting authorities. Guidelines may include, but
942 are not limited to, the following:
943 (a) A central contact point for filing permit applications
944 and local comprehensive plan amendments and for obtaining
945 information on permit and local comprehensive plan amendment
946 requirements.;
947 (b) Identification of the individual or individuals within
948 each respective agency who will be responsible for processing
949 the expedited permit application or local comprehensive plan
950 amendment for that agency.;
951 (c) A mandatory preapplication review process to reduce
952 permitting conflicts by providing guidance to applicants
953 regarding the permits needed from each agency and governmental
954 entity, site planning and development, site suitability and
955 limitations, facility design, and steps the applicant can take
956 to ensure expeditious permit application and local comprehensive
957 plan amendment review. As a part of this process, the first
958 interagency meeting to discuss a project shall be held within 14
959 days after the secretary’s determination that the project is
960 eligible for expedited review. Subsequent interagency meetings
961 may be scheduled to accommodate the needs of participating local
962 governments that are unable to meet public notice requirements
963 for executing a memorandum of agreement within this timeframe.
964 This accommodation may not exceed 45 days from the secretary’s
965 determination that the project is eligible for expedited
966 review.;
967 (d) The preparation of a single coordinated project
968 description form and checklist and an agreement by state and
969 regional agencies to reduce the burden on an applicant to
970 provide duplicate information to multiple agencies.;
971 (e) Establishment of a process for the adoption and review
972 of any comprehensive plan amendment needed by any certified
973 project within 90 days after the submission of an application
974 for a comprehensive plan amendment. However, the memorandum of
975 agreement may not prevent affected persons as defined in s.
976 163.3184 from appealing or participating in this expedited plan
977 amendment process and any review or appeals of decisions made
978 under this paragraph.; and
979 (f) Additional incentives for an applicant who proposes a
980 project that provides a net ecosystem benefit.
981 (14)(a) Challenges to state agency action in the expedited
982 permitting process for projects processed under this section are
983 subject to the summary hearing provisions of s. 120.574, except
984 that the administrative law judge’s decision, as provided in s.
985 120.574(2)(f), shall be in the form of a recommended order and
986 do not constitute the final action of the state agency. In those
987 proceedings where the action of only one agency of the state
988 other than the Department of Environmental Protection is
989 challenged, the agency of the state shall issue the final order
990 within 45 working days after receipt of the administrative law
991 judge’s recommended order, and the recommended order shall
992 inform the parties of their right to file exceptions or
993 responses to the recommended order in accordance with the
994 uniform rules of procedure pursuant to s. 120.54. In those
995 proceedings where the actions of more than one agency of the
996 state are challenged, the Governor shall issue the final order
997 within 45 working days after receipt of the administrative law
998 judge’s recommended order, and the recommended order shall
999 inform the parties of their right to file exceptions or
1000 responses to the recommended order in accordance with the
1001 uniform rules of procedure pursuant to s. 120.54. For This
1002 paragraph does not apply to the issuance of department licenses
1003 required under any federally delegated or approved permit
1004 program. In such instances, the department, and not the
1005 Governor, shall enter the final order. The participating
1006 agencies of the state may opt at the preliminary hearing
1007 conference to allow the administrative law judge’s decision to
1008 constitute the final agency action.
1009 (b) Projects identified in paragraph (3)(f) or challenges
1010 to state agency action in the expedited permitting process for
1011 establishment of a state-of-the-art biomedical research
1012 institution and campus in this state by the grantee under s.
1013 288.955 are subject to the same requirements as challenges
1014 brought under paragraph (a), except that, notwithstanding s.
1015 120.574, summary proceedings must be conducted within 30 days
1016 after a party files the motion for summary hearing, regardless
1017 of whether the parties agree to the summary proceeding.
1018 (15) The Department of Economic Opportunity, working with
1019 the agencies providing cooperative assistance and input
1020 regarding the memoranda of agreement, shall review sites
1021 proposed for the location of facilities that the Department of
1022 Economic Opportunity has certified to be eligible for the
1023 Innovation Incentive Program under s. 288.1089. Within 20 days
1024 after the request for the review by the Department of Economic
1025 Opportunity, the agencies shall provide to the Department of
1026 Economic Opportunity a statement as to each site’s necessary
1027 permits under local, state, and federal law and an
1028 identification of significant permitting issues, which if
1029 unresolved, may result in the denial of an agency permit or
1030 approval or any significant delay caused by the permitting
1031 process.
1032 (18) The Department of Economic Opportunity, working with
1033 the Rural Economic Development Initiative and the agencies
1034 participating in the memoranda of agreement, shall provide
1035 technical assistance in preparing permit applications and local
1036 comprehensive plan amendments for counties having a population
1037 of fewer than 75,000 residents, or counties having fewer than
1038 125,000 residents which are contiguous to counties having fewer
1039 than 75,000 residents. Additional assistance may include, but
1040 not be limited to, guidance in land development regulations and
1041 permitting processes, working cooperatively with state,
1042 regional, and local entities to identify areas within these
1043 counties which may be suitable or adaptable for preclearance
1044 review of specified types of land uses and other activities
1045 requiring permits.
1046 Section 23. Subsection (5) is added to section 526.203,
1047 Florida Statutes, to read:
1048 526.203 Renewable fuel standard.—
1049 (5) SALE OF UNBLENDED FUELS.—This section does not prohibit
1050 the sale of unblended fuels for the uses exempted under
1051 subsection (3).
1052 Section 24. The installation of fuel tank upgrades to
1053 secondary containment systems shall be completed by the
1054 deadlines specified in rule 62-761.510, Florida Administrative
1055 Code, Table UST. However, notwithstanding any agreements to the
1056 contrary, any fuel service station that changed ownership
1057 interest through a bona fide sale of the property between
1058 January 1, 2009, and December 31, 2009, is not required to
1059 complete the upgrades described in rule 62-761.510, Florida
1060 Administrative Code, Table UST, until December 31, 2013.
1061 Section 25. This act shall take effect July 1, 2012.