Florida Senate - 2015                                     SB 714
       By Senator Grimsley
       21-00906-15                                            2015714__
    1                        A bill to be entitled                      
    2         An act relating to environmental control; amending s.
    3         403.067, F.S.; authorizing land set-asides and land
    4         use modifications that reduce nutrient loads into
    5         nutrient-impaired surface waters to be used under the
    6         water quality credit trading program; amending s.
    7         403.201, F.S.; providing applicability of prohibited
    8         variances relating to certain discharges of waste;
    9         amending s. 403.709, F.S.; establishing a solid waste
   10         landfill closure account within the Solid Waste
   11         Management Trust Fund to be used for specified
   12         purposes; providing for the deposit of certain funds
   13         into the account; reenacting s. 373.414(17), F.S.,
   14         relating to additional criteria for activities in
   15         surface waters and wetlands, to incorporate the
   16         amendment made to s. 403.201, F.S.; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Paragraph (i) is added to subsection (8) of
   22  section 403.067, Florida Statutes, to read:
   23         403.067 Establishment and implementation of total maximum
   24  daily loads.—
   26         (i)The department may authorize water quality credit
   27  trading for land set-asides and land-use modifications,
   28  including constructed wetlands and other water quality
   29  improvement projects, which reduce nutrient loads into nutrient
   30  impaired surface waters.
   31         Section 2. Subsection (2) of section 403.201, Florida
   32  Statutes, is amended to read:
   33         403.201 Variances.—
   34         (2) A No variance may not shall be granted from any
   35  provision or requirement concerning discharges of waste into
   36  waters of the state or hazardous waste management which would
   37  result in the provision or requirement being less stringent than
   38  a comparable federal provision or requirement, except as
   39  provided in s. 403.70715. However, this subsection does not
   40  prohibit the issuance of moderating provisions or requirements
   41  under state law.
   42         Section 3. Subsection (5) is added to section 403.709,
   43  Florida Statutes, to read:
   44         403.709 Solid Waste Management Trust Fund; use of waste
   45  tire fees.—There is created the Solid Waste Management Trust
   46  Fund, to be administered by the department.
   47         (5)(a) Notwithstanding subsection (1), a solid waste
   48  landfill closure account is established within the Solid Waste
   49  Management Trust Fund to provide funding for the closing and
   50  long-term care of solid waste management facilities. The
   51  department may use funds from the account to contract with a
   52  third party for the closing and long-term care of a solid waste
   53  management facility if:
   54         1. The facility operates or operated under a department
   55  permit;
   56         2. The permittee provides proof of financial assurance for
   57  closure in the form of an insurance certificate;
   58         3. The facility is deemed to be abandoned or was ordered to
   59  be closed by the department;
   60         4. Closure is accomplished in substantial accordance with a
   61  closure plan approved by the department; and
   62         5. The department has written documentation that the
   63  insurance company issuing the closure insurance policy will
   64  provide or reimburse the funds required to complete closing and
   65  long-term care of the facility.
   66         (b) The department shall deposit funds received from an
   67  insurance company as reimbursement for the costs of closing or
   68  long-term care of the facility into the solid waste landfill
   69  closure account.
   70         Section 4. For the purpose of incorporating the amendment
   71  made by this act to section 403.201, Florida Statutes, in a
   72  reference thereto, subsection (17) of section 373.414, Florida
   73  Statutes, is reenacted to read:
   74         373.414 Additional criteria for activities in surface
   75  waters and wetlands.—
   76         (17) The variance provisions of s. 403.201 are applicable
   77  to the provisions of this section or any rule adopted pursuant
   78  to this section. The governing boards and the department are
   79  authorized to review and take final agency action on petitions
   80  requesting such variances for those activities they regulate
   81  under this part and s. 373.4145.
   82         Section 5. This act shall take effect July 1, 2015.