Florida Senate - 2019                                    SB 1278
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-01217C-19                                          20191278__
    1                        A bill to be entitled                      
    2         An act relating to biosolids management; creating s.
    3         403.0855, F.S.; providing legislative findings and
    4         intent; defining the term “biosolids”; requiring the
    5         Department of Environmental Protection to adopt rules
    6         for biosolids management which meet certain
    7         requirements; exempting the rulemaking from specified
    8         requirements; providing applicability; providing that
    9         certain ordinances, moratoriums, or regulations remain
   10         in effect until they are repealed or expire; defining
   11         the term “biosolids”; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 403.0855, Florida Statutes, is created
   16  to read:
   17         403.0855 Biosolids management.—
   18         (1) The Legislature finds that it is in the best interest
   19  of this state to regulate biosolids management in order to
   20  minimize the migration of nutrients that impair waterbodies. The
   21  Legislature further finds that the expedited implementation of
   22  the recommendations of the Biosolids Technical Advisory
   23  Committee, including permitting according to site-specific
   24  application conditions, an increased inspection rate,
   25  groundwater and surface water monitoring protocols, and nutrient
   26  management research, will improve biosolids management and
   27  assist in protecting this state’s water resources and water
   28  quality. The Legislature intends for innovative technologies in
   29  biosolids processing to be implemented as a means to improve
   30  biosolids management and to protect this state’s water resources
   31  and water quality.
   32         (2) As used in this section, the term “biosolids” has the
   33  same meaning as in s. 373.4595(2).
   34         (3) The department shall adopt rules for biosolids
   35  management which include, but are not limited to, the following:
   36         (a) Biosolids land application rates that ensure that
   37  nitrogen and phosphorus do not impair surface water quality or
   38  groundwater quality in nearby or downstream waterbodies;
   39         (b) Site-specific land application criteria; and
   40         (c) Monitoring requirements.
   41         (4) Rules adopted pursuant to this section are not subject
   42  to ss. 120.541(3) and 403.804(2).
   43         (5) Nothing herein shall be construed to conflict with or
   44  supersede s. 373.4595.
   45         Section 2. An ordinance, moratorium, or regulation relating
   46  to the land application of Class B biosolids adopted by a county
   47  or municipality shall remain in effect until the county or
   48  municipality repeals or lets expire the ordinance, moratorium,
   49  or regulation. Nothing herein prohibits a county or municipality
   50  from extending an existing ordinance, moratorium, or regulation.
   51  The term “biosolids” has the same meaning as in s. 373.4595(2),
   52  Florida Statutes.
   53         Section 3. This act shall take effect upon becoming a law.