Florida Senate - 2021 SB 1764
By Senator Cruz
18-01915-21 20211764__
1 A bill to be entitled
2 An act relating to the recycling of organic waste
3 material; amending s. 403.703, F.S.; defining terms;
4 creating s. 403.7044, F.S.; requiring certain
5 commercial waste generators and certain institutions
6 of higher education, beginning on specified dates and
7 under certain circumstances, to ensure that their
8 organic waste materials are separated and recycled at
9 specified recycling facilities; providing an exception
10 for commercial waste generators or institutions of
11 higher education that perform composting of or treat
12 organic waste material onsite; amending s. 403.707,
13 F.S.; conforming cross-references; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Present subsections (1) through (5), (6) through
19 (22), and (23) through (47) of section 403.703, Florida
20 Statutes, are redesignated as subsections (2) through (6), (10)
21 through (26), and (28) through (52), respectively, new
22 subsections (1), (7), (8), (9), and (27) are added to that
23 section, and present subsection (35) is amended, to read:
24 403.703 Definitions.—As used in this part, the term:
25 (1) “Anaerobic digestion” means the process by which
26 biological decomposition of organic products is carried out
27 under controlled anaerobic conditions, which stabilizes the
28 organic fraction into a material that can be easily and safely
29 stored, handled, and used in an environmentally acceptable
30 manner.
31 (7) “Commercial waste generator” means any commercial food
32 wholesaler or distributor, industrial food manufacturer or
33 processor, supermarket, resort or conference center, banquet
34 hall, restaurant, religious institution, military installation,
35 prison, corporation, hospital or other medical care institution,
36 or casino.
37 (8) “Composting” means the process by which biological
38 decomposition of organic solid waste is carried out under
39 controlled aerobic conditions, which stabilizes the organic
40 fraction into a material that can be easily and safely stored,
41 handled, and used in an environmentally acceptable manner. The
42 presence of anaerobic zones within the composting material does
43 not affect the classification of the process as composting.
44 (9) “Composting facility” means a solid waste management
45 facility where solid waste is processed using composting
46 technology, which may include physical turning, windrowing,
47 aeration, or other mechanical handling of the organic matter.
48 (27) “Organic waste material” means the portion of the
49 solid waste stream which is organic material, including, but not
50 limited to, food scraps, food processing residue, and soiled or
51 unrecyclable paper that has been separated from nonorganic
52 material.
53 (40)(35) “Solid waste” means sludge unregulated under the
54 federal Clean Water Act or Clean Air Act, sludge from a waste
55 treatment works, water supply treatment plant, or air pollution
56 control facility, or garbage, rubbish, refuse, special waste, or
57 other discarded material, including solid, liquid, semisolid, or
58 contained gaseous material resulting from domestic, industrial,
59 commercial, mining, agricultural, or governmental operations.
60 Post-use polymers as defined in subsection (29) and recovered
61 materials as defined in subsection (33) (28) and post-use
62 polymers as defined in subsection (24) are not solid waste.
63 Section 2. Section 403.7044, Florida Statutes, is created
64 to read:
65 403.7044 Required recycling of organic waste material.—
66 (1) Any commercial waste generator or institution of higher
67 education at which organic waste material is generated shall:
68 (a) Beginning January 1, 2022, ensure that such material
69 generated onsite is separated from other solid waste material
70 and recycled at a composting facility or a facility that uses
71 anaerobic digestion if:
72 1. The commercial waste generator or institution generates
73 more than 104 tons per year of organic waste material;
74 2. The commercial waste generator or institution is located
75 within 15 miles of the facility; and
76 3. The facility has available capacity to accept such
77 material.
78 (b) Beginning January 1, 2024, ensure that such material
79 generated onsite is separated from other solid waste material
80 and recycled at a composting facility or a facility that uses
81 anaerobic digestion if:
82 1. The commercial waste generator or institution generates
83 more than 52 tons per year of organic waste material;
84 2. The commercial waste generator or institution is located
85 within 15 miles of the facility; and
86 3. The facility has available capacity to accept such
87 material.
88 (2) This section does not apply to a commercial waste
89 generator or institution of higher education that performs
90 composting of organic waste material onsite or treats organic
91 waste material onsite using organic treatment equipment
92 authorized by state or federal law.
93 Section 3. Paragraph (j) of subsection (9) of section
94 403.707, Florida Statutes, is amended to read:
95 403.707 Permits.—
96 (9) The department shall establish a separate category for
97 solid waste management facilities that accept only construction
98 and demolition debris for disposal or recycling. The department
99 shall establish a reasonable schedule for existing facilities to
100 comply with this section to avoid undue hardship to such
101 facilities. However, a permitted solid waste disposal unit that
102 receives a significant amount of waste prior to the compliance
103 deadline established in this schedule shall not be required to
104 be retrofitted with liners or leachate control systems.
105 (j) The Legislature recognizes that recycling, waste
106 reduction, and resource recovery are important aspects of an
107 integrated solid waste management program and as such are
108 necessary to protect the public health and the environment. If
109 necessary to promote such an integrated program, the county may
110 determine, after providing notice and an opportunity for a
111 hearing prior to April 30, 2008, that some or all of the
112 material described in s. 403.703 s. 403.703(6)(b) shall be
113 excluded from the definition of “construction and demolition
114 debris” in s. 403.703 s. 403.703(6) within the jurisdiction of
115 such county. The county may make such a determination only if it
116 finds that, prior to June 1, 2007, the county has established an
117 adequate method for the use or recycling of such wood material
118 at an existing or proposed solid waste management facility that
119 is permitted or authorized by the department on June 1, 2007.
120 The county is not required to hold a hearing if the county
121 represents that it previously has held a hearing for such
122 purpose, or if the county represents that it previously has held
123 a public meeting or hearing that authorized such method for the
124 use or recycling of trash or other nonputrescible waste
125 materials and that such materials include those materials
126 described in s. 403.703 s. 403.703(6)(b). The county shall
127 provide written notice of its determination to the department by
128 no later than April 30, 2008; thereafter, the materials
129 described in s. 403.703 s. 403.703(6) shall be excluded from the
130 definition of “construction and demolition debris” in s. 403.703
131 s. 403.703(6) within the jurisdiction of such county. The county
132 may withdraw or revoke its determination at any time by
133 providing written notice to the department.
134 Section 4. This act shall take effect July 1, 2021.