Florida Senate - 2018 SB 1326 By Senator Baxley 12-01214-18 20181326__ 1 A bill to be entitled 2 An act relating to the management of storm-generated 3 debris and solid waste; amending s. 403.703, F.S.; 4 revising the definition of “recovered materials” to 5 include certain wood, asphalt, and concrete materials; 6 amending s. 403.7071, F.S.; specifying that the 7 Governor may also order or proclaim storm events that 8 result in certain storm-generated debris provisions; 9 requiring local governments to suspend exclusive 10 contracts for the collection, hauling, staging, or 11 disposal of storm-generated debris and solid waste 12 under certain conditions; prohibiting local 13 governments from entering into and extending such 14 contracts after a specified date; providing 15 applicability; providing a directive to the Division 16 of Law Revision and Information; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (28) of section 403.703, Florida 22 Statutes, is amended to read: 23 403.703 Definitions.—As used in this part, the term: 24 (28) “Recovered materials” means metal, paper, glass, 25 plastic, textile,
orrubber, wood, asphalt, or concrete 26 materials that have known recycling potential, can be feasibly 27 recycled, and have been diverted and source separated or have 28 been removed from the solid waste stream for sale, use, or reuse 29 as raw materials, whether or not the materials require 30 subsequent processing or separation from each other, but the 31 term does not include materials destined for any use that 32 constitutes disposal. Recovered materials as described in this 33 subsection are not solid waste. 34 Section 2. Section 403.7071, Florida Statutes, is amended 35 to read: 36 403.7071 Management of storm-generated debris.—Solid waste 37 generated as a result of a storm event that is the subject of an 38 executive order or proclamation of the Governor or an emergency 39 order issued by the department may be managed as follows: 40 (1) Recycling and reuse of storm-generated vegetative 41 debris is encouraged to the greatest extent practicable. Such 42 recycling and reuse must be conducted in accordance with 43 applicable department rules and may include, but is not limited 44 to, chipping and grinding of the vegetative debris to be 45 beneficially used as a ground cover or soil amendment, compost, 46 or as a combustible fuel for any applicable commercial or 47 industrial application. 48 (2) The department may issue field authorizations for 49 staging areas in those counties affected by a storm event. Such 50 staging areas may be used for the temporary storage and 51 management of storm-generated debris, including the chipping, 52 grinding, or burning of vegetative debris. Field authorizations 53 may include specific conditions for the operation and closure of 54 the staging area and must specify the date that closure is 55 required. To the greatest extent possible, staging areas may not 56 be located in wetlands or other surface waters. The area that is 57 used or affected by a staging area must be fully restored upon 58 cessation of the use of the area. 59 (3) Storm-generated vegetative debris managed at a staging 60 area may be disposed of in a permitted lined or unlined 61 landfill, a permitted land clearing debris facility, a permitted 62 or certified waste-to-energy facility, or a permitted 63 construction and demolition debris disposal facility. Vegetative 64 debris may also be managed at a permitted waste processing 65 facility or a registered yard trash processing facility. 66 (4) Construction and demolition debris that is mixed with 67 other storm-generated debris need not be segregated from other 68 solid waste before disposal in a lined landfill. Construction 69 and demolition debris that is source separated or is separated 70 from other hurricane-generated debris at an authorized staging 71 area, or at another area permitted or specifically authorized by 72 the department, may be managed at a permitted construction and 73 demolition debris disposal facility, a Class III landfill, or a 74 recycling facility upon approval by the department of the 75 methods and operational practices used to inspect the waste 76 during segregation. 77 (5) Unsalvageable refrigerators and freezers containing 78 solid waste, such as rotting food, which may create a sanitary 79 nuisance may be disposed of in a permitted lined landfill; 80 however, chlorofluorocarbons and capacitors must be removed and 81 recycled to the greatest extent practicable. 82 (6) A local government or its agent Local governments or83 their agentsmay conduct the burning of storm-generated yard 84 trash, other storm-generated vegetative debris, or untreated 85 wood from construction and demolition debris in air-curtain 86 incinerators without prior notice to the department. Within 10 87 days after commencing such burning, the local government shall 88 notify the department in writing describing the general nature 89 of the materials burned; the location and method of burning; and 90 the name, address, and telephone number of the representative of 91 the local government to contact concerning the work. The 92 operator of the air-curtain incinerator is subject to any 93 requirement of the Florida Forest Service or of any other agency 94 concerning authorization to conduct open burning. Any person 95 conducting open burning of vegetative debris is also subject to 96 such requirements. 97 (7) A local government must suspend any exclusive contracts 98 for the collection, hauling, staging, or disposal of storm 99 generated debris or commercial or residential solid waste if the 100 local government reasonably determines that the contractor will 101 not be able to provide the contracted level of service or that 102 the contracted level of service is expected to be insufficient 103 to meet the needs of the local government. After the effective 104 date of this act, a local government may not enter into a new 105 exclusive contract or extend an existing exclusive contract for 106 the collection, hauling, staging, or disposal of storm-generated 107 debris. This subsection does not impair, void, or cause the 108 modification of any contract entered into on or before the 109 effective date of this act between a local government and an 110 exclusive contractor or franchisee. 111 Section 3. The Division of Law Revision and Information is 112 directed to replace the phrase “the effective date of this act” 113 wherever it occurs in this act with the date the act becomes a 114 law. 115 Section 4. This act shall take effect upon becoming a law.