Senate Bill 0600c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 600
By the Committee on Natural Resources and Senator Hargrett
312-1868A-98
1 A bill to be entitled
2 An act relating to solid waste management;
3 amending s. 403.707, F.S.; providing conditions
4 for issuing permits; providing an effective
5 date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Subsection (5) of section 403.707, Florida
10 Statutes, is amended to read:
11 403.707 Permits.--
12 (5) The department may not issue a construction permit
13 pursuant to this part for:
14 (a) A new solid waste landfill within 3,000 feet of
15 Class I surface waters.
16 (b) A new Class I municipal solid waste landfill
17 facility, waste-to-energy facility, or municipal solid waste
18 composting facility located within a 5-mile radius from the
19 perimeter of a county-owned and county-operated municipal
20 solid waste landfill that is listed on the National Priorities
21 List pursuant to the federal Comprehensive Environmental
22 Response Compensation and Liability Act and that is
23 immediately adjacent to a highway that is part of the
24 Interstate Highway System unless it complies with the
25 following requirements:
26 1. No active solid waste disposal activities shall
27 take place within 500 feet of an existing residential
28 structure unless the permit application was filed before the
29 structure was in existence. The department may grant a
30 variance from this setback requirement to an applicant who
31 demonstrates that the facility is not expected to create a
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 600
312-1868A-98
1 public nuisance or pose a significant threat to public health
2 or the environment if the variance is granted, or who can
3 demonstrate that compliance with the setback requirement would
4 create a substantial hardship or would violate principles of
5 fairness, as those terms are defined in s. 120.542.
6 2. The applicant shall provide notice to adjacent
7 property owners that an application for the proposed facility
8 has been filed with the department. The notice must be sent by
9 certified mail, return receipt requested, to the mailing
10 address shown in the local property tax roll for each person
11 owning real property that has a common border with the
12 property to be used for the proposed facility. The notice
13 requirements in this subparagraph shall be applied in addition
14 to any other notice requirements imposed by law or department
15 rules.
16 (c) An existing Class I municipal solid waste landfill
17 facility, waste-to-energy facility, or municipal solid waste
18 composting facility located with a 5-mile radius from the
19 perimeter of a county-owned and county-operated municipal
20 solid waste landfill that is listed on the National Priorities
21 List pursuant to the federal Comprehensive Environmental
22 Response Compensation and Liability Act and that is
23 immediately adjacent to a highway that is part of the
24 Interstate Highway System unless the applicant provides notice
25 to adjacent property owners that an application for the
26 facility has been filed with the department. The notice must
27 be sent by certified mail, return receipt requested, to the
28 mailing address shown in the local property tax roll for each
29 person owning real property that has a common border with the
30 property to be used for the facility. The notice requirements
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 600
312-1868A-98
1 in this paragraph shall be applied in addition to any other
2 notice requirements imposed by law or department rules.
3 Section 2. This act shall take effect upon becoming a
4 law.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 SB 600
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9 The committee substitute prohibits the Department of
Environmental Protection from issuing a construction permit
10 for a new Class I municipal solid waste landfill facility,
waste-to-energy facility, or municipal solid waste composting
11 facility located within a 5-mile radius from the perimeter of
a county-owned and county-operated municipal solid waste
12 landfill that is listed on the National Priorities List
pursuant to the federal Comprehensive Environmental Response,
13 Compensation and Liability Act (CERCLA), and that is
immediately adjacent to a highway that is part of the
14 Interstate Highway System unless it complies with certain
specified requirements. Also, the committee substitute
15 prohibits the department from issuing a construction permit
for an existing Class I solid waste landfill facility, a
16 waste-to-energy facility, or a composting facility located
within a 5-mile radius of a specified municipal solid waste
17 landfill unless the applicant provides notice to adjacent
property owners.
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