Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1052
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to environmental control; amending s.
    3         373.323, F.S.; revising eligibility requirements for
    4         taking the water well contractor licensure
    5         examination; amending s. 378.209, F.S.; exempting
    6         certain constructed clay settling areas from
    7         reclamation rate and financial responsibility
    8         requirements; amending s. 403.067, F.S.; authorizing
    9         the use of land set-asides and land use modifications
   10         in water quality credit trading; amending s. 403.201,
   11         F.S.; providing applicability of prohibited variances
   12         concerning discharges of waste into waters of the
   13         state and hazardous waste management; amending s.
   14         403.709, F.S.; establishing a solid waste landfill
   15         closure account within the Solid Waste Management
   16         Trust Fund to provide funding for the closing and
   17         long-term care of solid waste facilities; authorizing
   18         the department to contract with a third party for such
   19         closing and long-term care under certain conditions;
   20         requiring the department to deposit certain funds in
   21         the solid waste landfill closure account; authorizing
   22         the department to use funds from the solid waste
   23         landfill closure account to pay for facility closing
   24         and long-term care under certain circumstances;
   25         deleting an expiration date; amending s. 403.814,
   26         F.S.; requiring that a Florida registered professional
   27         certify that certain projects meet additional
   28         requirements; requiring such certification to be
   29         submitted to the department before, rather than after,
   30         construction of a stormwater management system begins;
   31         reenacting s. 373.414(17), F.S., relating to variances
   32         for activities in surface waters and wetlands, to
   33         incorporate the amendment made by the act to s.
   34         403.201, F.S., in a reference thereto; providing an
   35         effective date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. Paragraph (b) of subsection (3) of section
   40  373.323, Florida Statutes, is amended to read:
   41         373.323 Licensure of water well contractors; application,
   42  qualifications, and examinations; equipment identification.—
   43         (3) An applicant who meets the following requirements shall
   44  be entitled to take the water well contractor licensure
   45  examination:
   46         (b) Has at least 2 years of experience in constructing,
   47  repairing, or abandoning water wells. Satisfactory proof of such
   48  experience shall be demonstrated by providing:
   49         1. Evidence of the length of time the applicant has been
   50  engaged in the business of the construction, repair, or
   51  abandonment of water wells as a major activity, as attested to
   52  by a letter from a water well contractor or and a letter from a
   53  water well inspector employed by a governmental agency.
   54         2. A list of at least 10 water wells that the applicant has
   55  constructed, repaired, or abandoned within the preceding 5
   56  years. Of these wells, at least seven must have been
   57  constructed, as defined in s. 373.303(2), by the applicant. The
   58  list shall also include:
   59         a. The name and address of the owner or owners of each
   60  well.
   61         b. The location, primary use, and approximate depth and
   62  diameter of each well that the applicant has constructed,
   63  repaired, or abandoned.
   64         c. The approximate date the construction, repair, or
   65  abandonment of each well was completed.
   66         Section 2. Subsection (4) is added to section 378.209,
   67  Florida Statutes, to read:
   68         378.209 Timing of reclamation.—
   69         (4) When the beneficial use of a constructed clay settling
   70  area has been extended, the rate of reclamation requirements in
   71  paragraphs (1)(a)-(e) and the requirements of s. 378.208 apply
   72  to such settling area when the beneficial use of such settling
   73  area is completed.
   74         Section 3. Paragraph (i) is added to subsection (8) of
   75  section 403.067, Florida Statutes, to read:
   76         403.067 Establishment and implementation of total maximum
   77  daily loads.—
   79         (i) Land set-asides and land use modifications not
   80  otherwise required by state law or a permit, including
   81  constructed wetlands or other water quality improvement
   82  projects, which reduce nutrient loads into nutrient impaired
   83  surface waters may be used under this subsection.
   84         Section 4. Subsection (2) of section 403.201, Florida
   85  Statutes, is amended to read:
   86         403.201 Variances.—
   87         (2) A No variance may not shall be granted from any
   88  provision or requirement concerning discharges of waste into
   89  waters of the state or hazardous waste management which would
   90  result in the provision or requirement being less stringent than
   91  a comparable federal provision or requirement, except as
   92  provided in s. 403.70715. However, this subsection does not
   93  prohibit the issuance of moderating provisions or requirements
   94  under state law, subject to any necessary approval by the United
   95  States Environmental Protection Agency.
   96         Section 5. Present subsections (2) through (4) of section
   97  403.709, Florida Statutes, are redesignated as subsections (3)
   98  through (5), respectively, and present subsection (5) is
   99  amended, to read:
  100         403.709 Solid Waste Management Trust Fund; use of waste
  101  tire fees.—There is created the Solid Waste Management Trust
  102  Fund, to be administered by the department.
  103         (2)(5)(a) Notwithstanding subsection (1), a solid waste
  104  landfill closure account is established within the Solid Waste
  105  Management Trust Fund to provide funding for the closing and
  106  long-term care of solid waste management facilities.
  107         (a) The department may use funds from the account to
  108  contract with a third party for the closing and long-term care
  109  of a solid waste management facility if:
  110         1. The facility has, or had, or was not required to obtain
  111  a department permit to operate as a solid waste management the
  112  facility;
  113         2. The permittee, when required by permit or rule, provided
  114  proof of financial assurance for closure in the form of an
  115  insurance certificate or an alternative form of financial
  116  assurance mechanism established pursuant to s. 403.7125;
  117         3. The department has ordered the facility closed or has
  118  deemed the facility abandoned facility is deemed to be abandoned
  119  or was ordered to close by the department;
  120         4. The closure of the facility is accomplished in
  121  substantial accordance with a closure plan approved by the
  122  department; and
  123         5. The department has sufficient written documentation to
  124  confirm that the issuer of insurance company issuing the closure
  125  insurance policy or alternative form of financial assurance will
  126  provide or reimburse the funds required to complete closing and
  127  long-term care of the facility.
  128         (b) The department shall deposit all the funds received
  129  from the insurer or other parties for reimbursing insurance
  130  company as reimbursement for the costs of closing or long-term
  131  care of the facility into the solid waste landfill closure
  132  account.
  133         (c) If the amount available under the insurance policy or
  134  alternative form of financial assurance is insufficient or is
  135  otherwise inaccessible to perform or complete the facility
  136  closing or long-term care under this subsection and the
  137  department has used all such funds from the insurance policy or
  138  alternative form of financial assurance, the department may use
  139  funds from the solid waste landfill closure account to pay for
  140  or reimburse additional expenses needed to perform or complete
  141  the approved facility closure or long-term care activities This
  142  subsection expires July 1, 2016.
  143         Section 6. Subsection (12) of section 403.814, Florida
  144  Statutes, is amended to read:
  145         403.814 General permits; delegation.—
  146         (12) A general permit is granted for the construction,
  147  alteration, and maintenance of a stormwater management system
  148  serving a total project area of up to 10 acres meeting the
  149  criteria of this subsection. Such When the stormwater management
  150  systems must be system is designed, operated, and maintained in
  151  accordance with applicable rules adopted pursuant to part IV of
  152  chapter 373., There is a rebuttable presumption that the
  153  discharge from for such systems complies system will comply with
  154  state water quality standards. The construction of such a system
  155  may proceed without any further agency action by the department
  156  or water management district if, before within 30 days after
  157  construction begins, an electronic self-certification is
  158  submitted to the department or water management district which
  159  that certifies that the proposed system was designed by a
  160  Florida registered professional, and that the registered
  161  professional has certified that the proposed system will to meet
  162  the following additional requirements:
  163         (a) The total project area involves less than 10 acres and
  164  less than 2 acres of impervious surface;
  165         (b) No activities will impact wetlands or other surface
  166  waters;
  167         (c) No activities are conducted in, on, or over wetlands or
  168  other surface waters;
  169         (d) Drainage facilities will not include pipes having
  170  diameters greater than 24 inches, or the hydraulic equivalent,
  171  and will not use pumps in any manner;
  172         (e) The project is not part of a larger common plan,
  173  development, or sale; and
  174         (f) The project does not:
  175         1. Cause adverse water quantity or flooding impacts to
  176  receiving water and adjacent lands;
  177         2. Cause adverse impacts to existing surface water storage
  178  and conveyance capabilities;
  179         3. Cause a violation of state water quality standards; or
  180         4. Cause an adverse impact to the maintenance of surface or
  181  ground water levels or surface water flows established pursuant
  182  to s. 373.042 or a work of the district established pursuant to
  183  s. 373.086.
  184         Section 7. For the purpose of incorporating the amendment
  185  made by this act to section 403.201, Florida Statutes, in a
  186  reference thereto, subsection (17) of section 373.414, Florida
  187  Statutes, is reenacted to read:
  188         373.414 Additional criteria for activities in surface
  189  waters and wetlands.—
  190         (17) The variance provisions of s. 403.201 are applicable
  191  to the provisions of this section or any rule adopted pursuant
  192  to this section. The governing boards and the department are
  193  authorized to review and take final agency action on petitions
  194  requesting such variances for those activities they regulate
  195  under this part and s. 373.4145.
  196         Section 8. This act shall take effect upon becoming a law.