Senate Bill sb2142c1

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    Florida Senate - 2001                           CS for SB 2142

    By the Committee on Natural Resources and Senator Dyer





    312-1896B-01

  1                      A bill to be entitled

  2         An act relating to solid waste collection;

  3         amending s. 165.061, F.S.; providing

  4         requirements for the plan for incorporation of

  5         a new municipality relating to contracts for

  6         solid waste collection; amending s. 403.707,

  7         F.S.; amending provisions relating to

  8         permitting solid waste management facilities;

  9         providing requirements for scales used by and

10         records that must be kept by materials recovery

11         facilities and facilities at which construction

12         and demolition debris is processed; providing

13         for applicability; providing for rulemaking;

14         providing an effective date.

15

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

17

18         Section 1.  Paragraph (f) is added to subsection (1) of

19  section 165.061, Florida Statutes, and paragraph (d) of

20  subsection (2) of that section is amended to read:

21         165.061  Standards for incorporation, merger, and

22  dissolution.--

23         (1)  The incorporation of a new municipality, other

24  than through merger of existing municipalities, must meet the

25  following conditions in the area proposed for incorporation:

26         (f)  In accordance with s. 10, Art. I of the State

27  Constitution, the plan for incorporation must honor existing

28  solid waste contracts in the affected geographic area subject

29  to incorporation; however, the plan for incorporation may

30  provide that existing contracts for solid waste collection

31  services shall be honored only for 5 years or the remainder of

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    Florida Senate - 2001                           CS for SB 2142
    312-1896B-01




  1  the contract term, whichever is shorter, excluding any

  2  automatic renewals or so-called "evergreen" provisions, and

  3  may require that a copy of the pertinent portion of the

  4  contract or other written evidence of the duration of the

  5  contract be provided to the municipality within a reasonable

  6  time following a written request to do so.

  7         (2)  The incorporation of a new municipality through

  8  merger of existing municipalities and associated

  9  unincorporated areas must meet the following conditions:

10         (d)  In accordance with s. 10, Art. I of the State

11  Constitution, the plan for merger or incorporation must honor

12  existing solid waste contracts in the affected geographic area

13  subject to merger or incorporation; however, the plan for

14  merger or incorporation may provide that existing contracts

15  for solid waste collection services shall be honored only for

16  5 years or the remainder of the contract term, whichever is

17  shorter, and may require that a copy of the pertinent portion

18  of the contract or other written evidence of the duration of

19  the contract, excluding any automatic renewals or so-called

20  "evergreen" provisions, be provided to the municipality within

21  a reasonable time following a written request to do so.

22         Section 2.  Subsection (1) of section 403.707, Florida

23  Statutes, is amended, and subsection (14) is added to that

24  section, to read:

25         403.707  Permits.--

26         (1)  No solid waste management facility may be

27  operated, maintained, constructed, expanded, modified, or

28  closed without an appropriate and currently valid permit or

29  registration issued by the department, unless specifically

30  exempted by law or department rule. Solid waste construction

31  permits issued under this section may include any permit

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    Florida Senate - 2001                           CS for SB 2142
    312-1896B-01




  1  conditions necessary to achieve compliance with the recycling

  2  requirements of this act. The department shall pursue

  3  reasonable timeframes for closure and construction

  4  requirements, considering pending federal requirements and

  5  implementation costs to the permittee.  The department shall

  6  adopt a rule establishing performance standards for

  7  construction and closure of solid waste management facilities.

  8  The standards shall allow flexibility in design and

  9  consideration for site-specific characteristics.

10         (14)(a)  Any materials recovery facility for which a

11  permit is required, and any other facility designated by

12  department rule at which a significant amount of construction

13  and demolition debris is sorted, recovered, recycled, or

14  processed for use or reuse, shall use scales that conform with

15  the requirements of chapter 531 and any rules adopted under

16  that chapter. All such facilities shall keep monthly records

17  of the following information: the total weight of materials

18  received at the facility; the total weight of materials

19  recovered, recycled, or reused, recorded by category; and the

20  total weight of materials not recovered, recycled, or reused.

21         (b)  The department shall implement the requirements of

22  this section by rule, and such requirements shall become

23  effective only after the implementing rules become effective.

24  The department shall establish a reasonable schedule for

25  existing facilities to comply with this subsection to avoid

26  undue hardship to such facilities. Such rules must designate

27  the types of facilities and the categories of materials for

28  which records must be kept pursuant to this subsection and

29  must specify requirements relating to reporting such

30  information to the department.

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    Florida Senate - 2001                           CS for SB 2142
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  1         (c)  The designated facilities also shall keep detailed

  2  records, including the name and location of the solid waste

  3  disposal facility at which material not recovered, recycled,

  4  or reused is ultimately disposed of. The implementing rules

  5  must specify the requirements relating to reporting this

  6  information to the department.

  7         (d)  This subsection does not apply to a recovered-

  8  materials processing facility. This subsection does not alter

  9  or otherwise affect the list of recovered materials as set

10  forth in s. 403.703(7) or the regulation of recovered

11  materials as provided in s. 403.7046.

12         Section 3.  This act shall take effect July 1, 2001.

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14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2142

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17  The committee substitute deletes the provisions that require
    each facility at which construction and demolition debris is
18  sorted, recovered, recycled, or processed for reuse to keep
    certain specified records. The requirement that material
19  received by a waste processing facility which is not reused,
    recovered, or recycled must be disposed of at a permitted
20  solid waste disposal facility is deleted. The requirement that
    material that is commingled with or contaminated by Class I
21  waste must be disposed of in a Class I landfill is deleted.

22  The committee substitute also deletes the provision that
    allows a private company that is a party to a solid waste
23  franchise agreement to enforce that agreement or the related
    ordinance against any third party by filing an action for
24  injunctive relief or damages against a third party whose
    actions violate the agreement or ordinance.
25
    Any materials recovery facility for which a permit is
26  required, and any other facility designated by department rule
    at which a significant amount of construction and demolition
27  debris is sorted, recovered, recycled, or processed for use or
    reuse, shall use scales and keep certain records. The
28  Department of Environmental Protection is required to
    establish a reasonable schedule for existing facilities to
29  comply to avoid any undue hardship to such facilities.

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