Florida Senate - 2016                      CS for CS for SB 1052
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senator Hays
       576-04234-16                                          20161052c2
    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; repealing s. 373.245, F.S., relating to
    6         violations of consumptive use permit conditions;
    7         amending s. 378.209, F.S.; exempting certain
    8         constructed clay settling areas from reclamation rate
    9         and financial responsibility requirements; amending s.
   10         403.067, F.S.; authorizing the use of land set-asides
   11         and land use modifications in water quality credit
   12         trading; amending s. 403.201, F.S.; providing
   13         applicability of prohibited variances concerning
   14         discharges of waste into waters of the state and
   15         hazardous waste management; amending s. 403.709, F.S.;
   16         establishing a solid waste landfill closure account
   17         within the Solid Waste Management Trust Fund to
   18         provide funding for the closing and long-term care of
   19         solid waste facilities; authorizing the department to
   20         contract with a third party for such closing and long
   21         term care under certain conditions; requiring the
   22         department to deposit certain funds in the solid waste
   23         landfill closure account; authorizing the department
   24         to use funds from the solid waste landfill closure
   25         account to pay for facility closing and long-term care
   26         under certain circumstances; deleting an expiration
   27         date; amending s. 403.814, F.S.; requiring that a
   28         Florida registered professional certify that certain
   29         projects meet additional requirements; requiring such
   30         certification to be submitted to the department
   31         before, rather than after, construction of a
   32         stormwater management system begins; reenacting s.
   33         373.414(17), F.S., relating to variances for
   34         activities in surface waters and wetlands, to
   35         incorporate the amendment made by the act to s.
   36         403.201, F.S., in a reference thereto; providing an
   37         effective date.
   39  Be It Enacted by the Legislature of the State of Florida:
   41         Section 1. Paragraph (b) of subsection (3) of section
   42  373.323, Florida Statutes, is amended to read:
   43         373.323 Licensure of water well contractors; application,
   44  qualifications, and examinations; equipment identification.—
   45         (3) An applicant who meets the following requirements shall
   46  be entitled to take the water well contractor licensure
   47  examination:
   48         (b) Has at least 2 years of experience in constructing,
   49  repairing, or abandoning water wells. Satisfactory proof of such
   50  experience shall be demonstrated by providing:
   51         1. Evidence of the length of time the applicant has been
   52  engaged in the business of the construction, repair, or
   53  abandonment of water wells as a major activity, as attested to
   54  by a letter from a water well contractor or and a letter from a
   55  water well inspector employed by a governmental agency.
   56         2. A list of at least 10 water wells that the applicant has
   57  constructed, repaired, or abandoned within the preceding 5
   58  years. Of these wells, at least seven must have been
   59  constructed, as defined in s. 373.303(2), by the applicant. The
   60  list shall also include:
   61         a. The name and address of the owner or owners of each
   62  well.
   63         b. The location, primary use, and approximate depth and
   64  diameter of each well that the applicant has constructed,
   65  repaired, or abandoned.
   66         c. The approximate date the construction, repair, or
   67  abandonment of each well was completed.
   68         Section 2. Section 373.245, Florida Statutes, is repealed.
   69         Section 3. Subsection (4) is added to section 378.209,
   70  Florida Statutes, to read:
   71         378.209 Timing of reclamation.—
   72         (4) When the beneficial use of a constructed clay settling
   73  area has been extended, the rate of reclamation requirements in
   74  paragraphs (1)(a)-(e) and the requirements of s. 378.208 apply
   75  to such settling area when the beneficial use of such settling
   76  area is completed.
   77         Section 4. Paragraph (i) is added to subsection (8) of
   78  section 403.067, Florida Statutes, to read:
   79         403.067 Establishment and implementation of total maximum
   80  daily loads.—
   82         (i) Land set-asides and land use modifications not
   83  otherwise required by state law or a permit, including
   84  constructed wetlands or other water quality improvement
   85  projects, which reduce nutrient loads into nutrient impaired
   86  surface waters may be used under this subsection.
   87         Section 5. Subsection (2) of section 403.201, Florida
   88  Statutes, is amended to read:
   89         403.201 Variances.—
   90         (2) A No variance may not shall be granted from any
   91  provision or requirement concerning discharges of waste into
   92  waters of the state or hazardous waste management which would
   93  result in the provision or requirement being less stringent than
   94  a comparable federal provision or requirement, except as
   95  provided in s. 403.70715. However, this subsection does not
   96  prohibit the issuance of moderating provisions or requirements
   97  under state law, subject to any necessary approval by the United
   98  States Environmental Protection Agency.
   99         Section 6. Present subsections (2) through (4) of section
  100  403.709, Florida Statutes, are redesignated as subsections (3)
  101  through (5), respectively, and present subsection (5) is
  102  amended, to read:
  103         403.709 Solid Waste Management Trust Fund; use of waste
  104  tire fees.—There is created the Solid Waste Management Trust
  105  Fund, to be administered by the department.
  106         (2)(5)(a) Notwithstanding subsection (1), a solid waste
  107  landfill closure account is established within the Solid Waste
  108  Management Trust Fund to provide funding for the closing and
  109  long-term care of solid waste management facilities.
  110         (a) The department may use funds from the account to
  111  contract with a third party for the closing and long-term care
  112  of a solid waste management facility if:
  113         1. The facility has, or had, or was not required to obtain
  114  a department permit to operate the facility;
  115         2. The permittee, when required by permit or rule, provided
  116  proof of financial assurance for closure in the form of an
  117  insurance certificate or an alternative form of financial
  118  assurance mechanism established pursuant to s. 403.7125;
  119         3. The department has ordered the facility closed or has
  120  deemed the facility abandoned facility is deemed to be abandoned
  121  or was ordered to close by the department;
  122         4. The closure of the facility is accomplished in
  123  substantial accordance with a closure plan approved by the
  124  department; and
  125         5. The department has sufficient written documentation to
  126  confirm that the issuer of the insurance company issuing the
  127  closure insurance policy or alternative form of financial
  128  assurance will provide or reimburse the funds required to
  129  complete the closing and long-term care of the facility.
  130         (b) The department shall deposit all the funds received
  131  from the insurer or other parties for reimbursing insurance
  132  company as reimbursement for the costs of closing or long-term
  133  care of the facility under this subsection into the solid waste
  134  landfill closure account.
  135         (c) If the amount available under the insurance policy or
  136  alternative form of financial assurance is insufficient, or is
  137  otherwise unavailable, to perform or complete the facility
  138  closing or long-term care under this subsection, and the
  139  department has used all such funds from the insurance policy or
  140  alternative form of financial assurance, the department may use
  141  funds from the Solid Waste Management Trust Fund to pay for or
  142  reimburse additional expenses needed for performing or
  143  completing the approved facility closure or long-term care
  144  activities This subsection expires July 1, 2016.
  145         Section 7. Subsection (12) of section 403.814, Florida
  146  Statutes, is amended to read:
  147         403.814 General permits; delegation.—
  148         (12) A general permit is granted for the construction,
  149  alteration, and maintenance of a stormwater management system
  150  serving a total project area of up to 10 acres meeting the
  151  criteria of this subsection. Such When the stormwater management
  152  systems must be system is designed, operated, and maintained in
  153  accordance with applicable rules adopted pursuant to part IV of
  154  chapter 373., There is a rebuttable presumption that the
  155  discharge from for such systems complies system will comply with
  156  state water quality standards. The construction of such a system
  157  may proceed without any further agency action by the department
  158  or water management district if, before within 30 days after
  159  construction begins, an electronic self-certification is
  160  submitted to the department or water management district which
  161  that certifies that the proposed system was designed by a
  162  Florida registered professional, and that the registered
  163  professional has certified that the proposed system will to meet
  164  the following additional requirements:
  165         (a) The total project area involves less than 10 acres and
  166  less than 2 acres of impervious surface;
  167         (b) No activities will impact wetlands or other surface
  168  waters;
  169         (c) No activities are conducted in, on, or over wetlands or
  170  other surface waters;
  171         (d) Drainage facilities will not include pipes having
  172  diameters greater than 24 inches, or the hydraulic equivalent,
  173  and will not use pumps in any manner;
  174         (e) The project is not part of a larger common plan,
  175  development, or sale; and
  176         (f) The project does not:
  177         1. Cause adverse water quantity or flooding impacts to
  178  receiving water and adjacent lands;
  179         2. Cause adverse impacts to existing surface water storage
  180  and conveyance capabilities;
  181         3. Cause a violation of state water quality standards; or
  182         4. Cause an adverse impact to the maintenance of surface or
  183  ground water levels or surface water flows established pursuant
  184  to s. 373.042 or a work of the district established pursuant to
  185  s. 373.086.
  186         Section 8. For the purpose of incorporating the amendment
  187  made by this act to section 403.201, Florida Statutes, in a
  188  reference thereto, subsection (17) of section 373.414, Florida
  189  Statutes, is reenacted to read:
  190         373.414 Additional criteria for activities in surface
  191  waters and wetlands.—
  192         (17) The variance provisions of s. 403.201 are applicable
  193  to the provisions of this section or any rule adopted pursuant
  194  to this section. The governing boards and the department are
  195  authorized to review and take final agency action on petitions
  196  requesting such variances for those activities they regulate
  197  under this part and s. 373.4145.
  198         Section 9. This act shall take effect upon becoming a law.