Senate Bill 1176e1

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    CS for SB 1176                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to rulemaking authority of the

  3         Department of Environmental Protection with

  4         respect to phosphogypsum management; requiring

  5         the Department of Environmental Protection to

  6         adopt rules to ensure that phosphogypsum stack

  7         systems are operated to meet critical safety

  8         standards by July 1, 1999; amending s.

  9         403.1651, F.S.; authorizing the Department of

10         Environmental Protection to enter into

11         settlements in which moneys are to be deposited

12         into a local pollution-recovery fund and used

13         for specified purposes; providing an effective

14         date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Phosphogypsum Management.--By July 1, 1999,

19  the Department of Environmental Protection shall adopt rules

20  to amend existing chapter 62-672, Florida Administrative Code,

21  to ensure that impoundment structures and water conveyance

22  piping systems used in phosphogypsum management are designed

23  and maintained to meet critical safety standards. The rules

24  must require that any impoundment structure used in a

25  phosphogypsum stack system, together with all pumps, piping,

26  ditches, drainage conveyances, water control structures,

27  collection pools, cooling ponds, surge ponds, and any other

28  collection or conveyance system associated with phosphogypsum

29  transport, cooling water, or the return of process wastewater,

30  are constructed using sound engineering practices and are

31  operated to avoid spills or discharges of materials which


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    CS for SB 1176                           First Engrossed (ntc)



  1  adversely affect surface or ground waters. The rules must

  2  require that a phosphogypsum stack system owner maintain a log

  3  detailing the owner's operating inspection schedule, results,

  4  and any corrective action taken based on the inspection

  5  results. The rules must require phosphogypsum stack owners to

  6  maintain an emergency contingency plan and demonstrate the

  7  ability to mobilize equipment and manpower to respond to

  8  emergency situations at phosphogypsum stack systems. The rules

  9  must establish a reasonable time period not to exceed 12

10  months for facilities to meet the provisions of the rules

11  adopted pursuant to this section.

12         Section 2.  Paragraph (a) of subsection (2) of section

13  403.1651, Florida Statutes, is amended to read:

14         403.1651  Ecosystem Management and Restoration Trust

15  Fund.--

16         (2)  The trust fund shall be used for the deposit of

17  all moneys recovered by the state:

18         (a)  As a result of actions against any person for a

19  violation of chapter 373 or this chapter initiated by the

20  department.  No settlement entered into by the department

21  shall limit the Legislature's authority to appropriate moneys

22  from the trust fund; provided, however, that the department

23  may enter into a settlement in which the department agrees to

24  request that moneys received pursuant to the settlement will

25  be included in its legislative budget request for purposes set

26  out in the settlement, and provided further, that the

27  department may enter into a settlement in cases involving

28  joint enforcement with the Hillsborough County pollution

29  control program, as a program approved by the department

30  pursuant to s. 403.182, in which the department agrees that

31  moneys are to be deposited into that local program's


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    CS for SB 1176                           First Engrossed (ntc)



  1  pollution-recovery fund and used for projects directed toward

  2  addressing the environmental damage that was the cause of

  3  action for which funds were received and that are consistent

  4  with the purposes of the Ecosystem Management and Restoration

  5  Trust Fund.

  6         Section 3.  This act shall take effect upon becoming a

  7  law.

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