Florida Senate - 2014                                    SB 1054
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01009-14                                            20141054__
    1                        A bill to be entitled                      
    2         An act relating to recovered materials; amending s.
    3         403.727, F.S.; exempting from liability for any costs
    4         of site rehabilitation people who generate, sell, or
    5         otherwise transfer recovered materials, or who sell or
    6         transfer products, raw materials, or commodities made
    7         from recovered materials, under certain circumstances;
    8         conforming provisions to changes made by the act;
    9         providing retroactive application under certain
   10         circumstances; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (4) of section 403.727, Florida
   15  Statues, is amended, present subsection (8) of that section is
   16  renumbered as subsection (9), and a new subsection (8) is added
   17  to that section, to read:
   18         403.727 Violations; defenses, penalties, and remedies.—
   19         (4) In addition to any other liability under this chapter,
   20  and subject only to the defenses set forth in subsections (5),
   21  (6), and (7), and (8):
   22         (a) The owner and operator of a facility;
   23         (b) Any person who at the time of disposal of any hazardous
   24  substance owned or operated any facility at which such hazardous
   25  substance was disposed of;
   26         (c) Any person who, by contract, agreement, or otherwise,
   27  arranged for disposal or treatment, or arranged with a
   28  transporter for transport for disposal or treatment, of
   29  hazardous substances owned or possessed by such person or by any
   30  other party or entity at any facility owned or operated by
   31  another party or entity and containing such hazardous
   32  substances; and
   33         (d) Any person who accepts or has accepted any hazardous
   34  substances for transport to disposal or treatment facilities or
   35  sites selected by such person,
   36  
   37  is liable for all costs of removal or remedial action incurred
   38  by the department under this section and damages for injury to,
   39  destruction of, or loss of natural resources, including the
   40  reasonable costs of assessing such injury, destruction, or loss
   41  resulting from the release or threatened release of a hazardous
   42  substance as defined in the Comprehensive Environmental
   43  Response, Compensation, and Liability Act of 1980, Pub. L. No.
   44  96-510.
   45         (8) In order to promote the reuse and recycling of
   46  recovered materials and to remove potential impediments to
   47  recycling, notwithstanding chapter 376 or chapter 403, a person
   48  who generates, sells, or transfers recovered materials, or who
   49  sells or transfers products, raw materials, or commodities made
   50  from recovered materials, to a facility owned or operated by
   51  another person for the purpose of reclamation, recycling,
   52  manufacturing, or reuse of such materials is not considered to
   53  have arranged for the disposal, treatment, or transport for
   54  disposal or treatment at that facility of a pollutant or
   55  hazardous substance present in the recovered materials and is
   56  relieved from liability for any costs of site rehabilitation at
   57  that facility. This subsection applies to causes of action
   58  accruing on or after July 1, 2014, and applies retroactively to
   59  causes of action accruing before July 1, 2014, for which a
   60  lawsuit has not been filed.
   61         Section 2. This act shall take effect July 1, 2014.