Senate Bill sb1038c1

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    Florida Senate - 2002                           CS for SB 1038

    By the Committee on Natural Resources; and Senator Brown-Waite





    312-1909-02

  1                      A bill to be entitled

  2         An act relating to solid waste management;

  3         amending s. 403.705, F.S.; eliminating the

  4         requirement that the state solid waste

  5         management program be updated every 3 years;

  6         requiring the Department of Environmental

  7         Protection to obtain certain information from

  8         the counties and to prepare an annual report;

  9         amending s. 403.706, F.S.; revising the

10         requirements for the counties' recycling

11         program; eliminating certain notice

12         requirements relating to counties providing the

13         opportunity to recycle; modifying the

14         provisions relating to the information counties

15         must provide to the department regarding their

16         solid waste management program and recycling

17         activities; modifying the provisions relating

18         to the eligibility of counties for certain

19         solid waste grants; amending s. 403.707, F.S.;

20         providing requirements for permits; amending s.

21         403.717, F.S.; eliminating the department's

22         authority to establish procedures for

23         administering waste tire grants; repealing s.

24         403.7165, F.S., relating to the Applications

25         Demonstration Center for Resource Recovery from

26         Solid Organic Materials; repealing s. 403.7175,

27         F.S., relating to an annual transfer from the

28         General Revenue Fund; repealing s. 403.7085,

29         F.S., relating to the disposal of animal parts

30         and fats and certain other waste products;

31         providing an effective date.

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

  2

  3         Section 1.  Section 403.705, Florida Statutes, is

  4  amended to read:

  5         403.705  State solid waste management program.--

  6         (1)  The state solid waste management program shall:

  7         (a)  Provide guidelines for the orderly collection,

  8  transportation, storage, separation, processing, recovery,

  9  recycling, and disposal of solid waste throughout the state;

10         (b)  Encourage coordinated local activity for solid

11  waste management within a common geographical area;

12         (c)  Investigate the present status of solid waste

13  management in the state with positive proposals for local

14  action to correct deficiencies in present solid waste

15  management processes;

16         (d)  Provide planning, technical, and financial

17  assistance to local governments and state agencies for

18  reduction, recycling, reuse, and processing of solid waste and

19  for safe and environmentally sound solid waste management and

20  disposal;

21         (e)  Assist in the development of solid waste reduction

22  and recycling programs to properly manage solid waste and

23  conserve resources; and

24         (f)  Provide for the education of the general public

25  and the training of solid waste management professionals to

26  reduce the production of solid waste, to ensure proper

27  processing and disposal of solid waste, and to encourage

28  recycling and solid waste reduction.

29         (2)  The state solid waste management program shall be

30  updated at least once every 3 years.

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  1         (2)(3)  The state solid waste management program shall

  2  include, at a minimum:

  3         (a)  Procedures and requirements to ensure cooperative

  4  efforts in solid waste management by counties and

  5  municipalities and groups of counties and municipalities where

  6  appropriate.

  7         (b)  Provisions for the continuation of existing

  8  effective regional resource recovery, recycling, and solid

  9  waste management facilities and programs.

10         (c)  Planning guidelines and technical assistance to

11  counties and municipalities to aid in meeting the municipal

12  solid waste reduction goals established in s. 403.706(4).

13         (d)  Planning guidelines and technical assistance to

14  counties and municipalities to develop and implement recycling

15  programs.

16         (e)  Technical assistance to counties and

17  municipalities in determining the full cost for solid waste

18  management pursuant to as required in s. 403.7049(1).

19         (f)  Planning guidelines and technical assistance to

20  counties and municipalities to develop and implement programs

21  for alternative disposal or processing or recycling of the

22  solid wastes prohibited from disposal in landfills under s.

23  403.708(13) and for special wastes.

24         (g)  A public education program, to be developed in

25  cooperation with the Department of Education, local

26  governments, other state agencies, and business and industry

27  organizations, to inform the public of the need for and the

28  benefits of recycling of solid waste and reducing the amounts

29  of solid and hazardous waste generated and disposed of in the

30  state.  The public education program shall be implemented

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  1  through public workshops and through the use of brochures,

  2  reports, public service announcements, and other materials.

  3         (3)  The department shall periodically seek information

  4  from counties to evaluate and report on the success in meeting

  5  the solid waste reduction goal.

  6         (4)  The department shall prepare by December 1 each

  7  year a report on the status of solid waste management efforts

  8  in the state.  The report shall include, at a minimum:

  9         (a)  A comprehensive analysis, to be updated in each

10  report, of solid waste generation and disposal in the state

11  projected for the 20-year period beginning on October 1, 1988.

12         (b)  The total amounts of solid waste generated,

13  materials recycled, and disposed of, and the methods of solid

14  waste recycling and disposal used during the calendar year

15  prior to the year in which the report is published.

16         (c)  An evaluation of the development and

17  implementation of local solid waste management programs and

18  county and municipal recycling programs.

19         (d)  An evaluation of the success of each county or

20  group of counties in meeting the municipal solid waste

21  reduction goal established in s. 403.706(4).

22         (e)  Recommendations concerning existing and potential

23  programs for solid waste reduction and recycling that would be

24  appropriate for local governments and state agencies to

25  implement to meet the requirements of this act.

26         (f)  An evaluation of the markets for recycled

27  materials and the success of state, local, and private

28  industry efforts to enhance the markets for such materials.

29         (g)  Recommendations to the Governor and the

30  Legislature to improve the management and recycling of solid

31  waste in this state.

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  1         (5)  The department shall develop descriptive

  2  literature to inform local governments of the solid waste

  3  management responsibilities and opportunities described in

  4  this act.

  5         Section 2.  Section 403.706, Florida Statutes, is

  6  amended to read:

  7         403.706  Local government solid waste

  8  responsibilities.--

  9         (1)  The governing body of a county has the

10  responsibility and power to provide for the operation of solid

11  waste disposal facilities to meet the needs of all

12  incorporated and unincorporated areas of the county.  Unless

13  otherwise approved by an interlocal agreement or special act,

14  municipalities may not operate solid waste disposal facilities

15  unless a municipality demonstrates by a preponderance of the

16  evidence that the use of a county designated facility, when

17  compared to alternatives proposed by the municipality, places

18  a significantly higher and disproportionate financial burden

19  on the citizens of the municipality when compared to the

20  financial burden placed on persons residing within the county

21  but outside of the municipality. However, a municipality may

22  construct and operate a resource recovery facility and related

23  onsite solid waste disposal facilities without an interlocal

24  agreement with the county if the municipality can demonstrate

25  by a preponderance of the evidence that the operation of such

26  facility will not significantly impair financial commitments

27  made by the county with respect to solid waste management

28  services and facilities or result in significantly increased

29  solid waste management costs to the remaining persons residing

30  within the county but not served by the municipality's

31  facility.  This section shall not prevent a municipality from

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  1  continuing to operate or use an existing disposal facility

  2  permitted on or prior to October 1, 1988.  Any municipality

  3  which establishes a solid waste disposal facility under this

  4  subsection and subsequently abandons such facility shall be

  5  responsible for the payment of any capital expansion necessary

  6  to accommodate the municipality's solid waste for the

  7  remaining projected useful life of the county disposal

  8  facility. Pursuant to this section and notwithstanding any

  9  other provision of this chapter, counties shall have the power

10  and authority to adopt ordinances governing the disposal of

11  solid waste generated outside of the county at the county's

12  solid waste disposal facility.  In accordance with this

13  section, municipalities are responsible for collecting and

14  transporting solid waste from their jurisdictions to a solid

15  waste disposal facility operated by a county or operated under

16  a contract with a county.  Counties may charge reasonable fees

17  for the handling and disposal of solid waste at their

18  facilities.  The fees charged to municipalities at a solid

19  waste management facility specified by the county shall not be

20  greater than the fees charged to other users of the facility

21  except as provided in s. 403.7049(5).  Solid waste management

22  fees collected on a countywide basis shall be used to fund

23  solid waste management services provided countywide.

24         (2)(a)  Each county shall implement initiate a

25  recyclable materials recycling program. Counties and

26  municipalities are encouraged to form cooperative arrangements

27  for implementing recycling programs. The following

28  requirements shall apply:

29         (a)  Construction and demolition debris must be

30  separated from the solid waste stream and segregated in

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  1  separate locations at a solid waste disposal facility or other

  2  permitted site.

  3         (b)  At a minimum, Such programs shall be designed to

  4  recover a significant portion majority of the newspaper,

  5  aluminum cans, steel cans, glass, and plastic bottles from the

  6  solid waste stream prior to final disposal at a solid waste

  7  disposal facility and to offer the following these materials

  8  for recycling: newspaper, aluminum cans, steel cans, glass,

  9  plastic bottles, cardboard, office paper, and yard trash.

10  Local governments which operate permitted waste-to-energy

11  facilities may retrieve ferrous and nonferrous metal steel

12  cans as a byproduct of combustion.

13         (c)  Local governments are encouraged to separate all

14  plastics, metal, and all grades of paper for recycling prior

15  to final disposal and are further encouraged to recycle yard

16  trash and other mechanically treated solid waste into compost

17  available for agricultural and other acceptable uses.

18         (d)  Each county is encouraged to shall consider plans

19  for composting or mulching of organic materials that would

20  otherwise be disposed of in a landfill. The composting or

21  mulching plans are encouraged to must address partnership with

22  the private sector.

23         (3)  Each county shall ensure, to the maximum extent

24  possible, that municipalities within its boundaries

25  participate in the preparation and implementation of recycling

26  and solid waste management programs through interlocal

27  agreements pursuant to s. 163.01 or other means provided by

28  law. Nothing in a county's solid waste management or recycling

29  program shall affect the authority of a municipality to

30  franchise or otherwise provide for the collection of solid

31  waste generated within the boundaries of the municipality.

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  1         (4)(a)  A county's solid waste management and recycling

  2  programs shall be designed to provide for sufficient reduction

  3  of the amount of solid waste generated within the county and

  4  the municipalities within its boundaries in order to meet

  5  goals for the reduction of municipal solid waste prior to the

  6  final disposal or the incineration of such waste at a solid

  7  waste disposal facility. The goals shall provide, at a

  8  minimum, that the amount of municipal solid waste that would

  9  be disposed of within the county and the municipalities within

10  its boundaries is reduced by at least 30 percent. In

11  determining whether the municipal solid waste reduction goal

12  established by this subsection has been achieved, no more than

13  one-half of the goal may be met with yard trash, white goods,

14  construction and demolition debris, and tires that are removed

15  from the total amount of municipal solid waste. However, if a

16  county that is a special district created by chapter 67-764,

17  Laws of Florida, demonstrates that yard trash, construction

18  and demolition debris, white goods, and waste tires comprise

19  more than 50 percent of the municipal solid waste generated in

20  the county and municipalities within its boundaries, the

21  county may meet the reduction goal established by this

22  subsection by reducing the Class I municipal solid waste

23  generated in the county and municipalities within its

24  boundaries at a rate equal to the average rate Class I

25  municipal solid waste is reduced in the 20 most populous

26  counties, as determined by the department for the previous

27  reporting period. As used in this subsection, "Class I

28  municipal solid waste" means municipal solid waste other than

29  yard trash, construction and demolition debris, white goods,

30  and waste tires.

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  1         (b)  Notwithstanding the limitation on the waste

  2  reduction goal in paragraph (a), A county may receive credit

  3  for one-half of the goal for waste reduction from one or a

  4  combination of the following:

  5         1.  The use of pelletized paper waste as a supplemental

  6  fuel in permitted boilers other than waste-to-energy

  7  facilities.

  8         2.  the use of yard trash, or other clean wood waste or

  9  paper waste, in innovative programs including, but not limited

10  to, programs that produce alternative clean-burning fuels such

11  as ethanol or that provide for the conversion of yard trash or

12  other clean wood waste or paper waste to clean-burning fuel

13  for the production of energy for use at facilities other than

14  a waste-to-energy facility as defined in s. 403.7061.  The

15  provisions of this paragraph subparagraph only apply only if a

16  county can demonstrate that:

17         1.a.  The county has implemented a yard trash mulching

18  or composting program, and

19         2.b.  As part of the program, compost and mulch made

20  from yard trash is available to the general public and in use

21  at county-owned or maintained and municipally owned or

22  maintained facilities in the county and state agencies

23  operating in the county as required by this section.

24         (c)  No facility, solely by virtue of the fact that it

25  uses processed yard trash or clean wood or paper waste as a

26  fuel source, shall be deemed to be a solid waste disposal

27  facility.

28         (c)(d)  A county with a population of 100,000 75,000 or

29  less may provide its residents with the opportunity to recycle

30  in lieu of achieving the goal set forth in paragraph (a).  For

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  1  the purposes of this subsection, the "opportunity to recycle"

  2  means that the county:

  3         1.a.  Provides a system for separating and collecting

  4  recyclable materials prior to disposal that is located at a

  5  solid waste management facility or solid waste disposal area;

  6  or

  7         b.  Provides a system of places within the county for

  8  collection of source-separated recyclable materials.

  9         2.  Provides a public education and promotion program

10  that is conducted to inform its residents of the opportunity

11  to recycle, encourages source separation of recyclable

12  materials, and promotes the benefits of reducing, reusing,

13  recycling, and composting materials.

14

15  If a county with a population of 75,000 or less decides to

16  provide the opportunity to recycle in lieu of achieving the

17  goal set forth in paragraph (a), the county shall notify the

18  department by October 1 of such decision, and shall provide

19  the department with a description of how the county intends to

20  provide the opportunity to recycle.  The department shall take

21  into consideration the description provided by the county in

22  determining the amount of grant moneys to be provided to the

23  county pursuant to s. 403.7095.

24         (5)  As used in this section, "municipal solid waste"

25  includes any solid waste, except for sludge, resulting from

26  the operation of residential, commercial, governmental, or

27  institutional establishments that would normally be collected,

28  processed, and disposed of through a public or private solid

29  waste management service.  The term includes yard trash but

30  does not include solid waste from industrial, mining, or

31  agricultural operations.

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  1         (6)  The department may reduce or modify the municipal

  2  solid waste reduction goal that a county is required to

  3  achieve pursuant to subsection (4) if the county demonstrates

  4  to the department that:

  5         (a)  The achievement of the goal set forth in

  6  subsection (4) would have an adverse effect on the financial

  7  obligations of a county that are directly related to a

  8  waste-to-energy facility owned or operated by or on behalf of

  9  the county; and

10         (b)  The county cannot remove normally combustible

11  materials from solid waste that is to be processed at a

12  waste-to-energy facility because of the need to maintain a

13  sufficient amount of solid waste to ensure the financial

14  viability of the facility.

15

16  The goal shall not be waived entirely and may only be reduced

17  or modified to the extent necessary to alleviate the adverse

18  effects of achieving the goal on the financial viability of a

19  county's waste-to-energy facility. Nothing in this subsection

20  shall exempt a county from developing and implementing a

21  recycling program pursuant to this act.

22         (7)  In order to assess the progress in meeting the

23  goal established in subsection (4), each county shall, by

24  November October each year, provide information report to the

25  department its annual solid waste management program and

26  recycling activities.  The information report by the county

27  must include:

28         (a)  A description of its public education program on

29  recycling;

30         (a)(b)  The amount of municipal solid waste disposed of

31  at solid waste disposal facilities, by type of waste such as

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  1  yard trash, white goods, clean debris, tires, and unseparated

  2  solid waste;

  3         (b)(c)  The amount and type of materials from the

  4  municipal solid waste stream that were recycled; and

  5         (c)(d)  The percentage of the population participating

  6  in various types of recycling activities instituted.;

  7         (e)  The percent reduction each year in municipal solid

  8  waste disposed of at solid waste disposal facilities;

  9         (f)  A description of the recycling activities

10  attempted, their success rates, the perceived reasons for

11  failure or success, and the recycling activities which are

12  ongoing and most successful; and

13         (g)  A description of the progress made toward

14  developing a composting program for organic materials such as

15  yard waste, food waste, and paper waste that would otherwise

16  be disposed of in a landfill.

17         (8)  A county or municipality may enter into a written

18  agreement with other persons, including persons transporting

19  solid waste on October 1, 1988, to undertake to fulfill some

20  or all of the county's or municipality's responsibilities

21  under this section.

22         (9)  In the development and implementation of a

23  curbside recyclable materials collection program, a county or

24  municipality shall enter into negotiations with a franchisee

25  who is operating to exclusively collect solid waste within a

26  service area of a county or municipality to undertake curbside

27  recyclable materials collection responsibilities for a county

28  or municipality. If the county or municipality and such

29  franchisee fail to reach an agreement within 60 days from the

30  initiation of such negotiations, the county or municipality

31  may solicit proposals from other persons to undertake curbside

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  1  recyclable materials collection responsibilities for the

  2  county or municipality as it may require.  Upon the

  3  determination of the lowest responsible proposal, the county

  4  or municipality may undertake, or enter into a written

  5  agreement with the person who submitted the lowest responsible

  6  proposal to undertake, the curbside recyclable materials

  7  collection responsibilities for the county or municipality,

  8  notwithstanding the exclusivity of such franchise agreement.

  9         (10)  In developing and implementing recycling

10  programs, counties and municipalities shall give consideration

11  to the collection, marketing, and disposition of recyclable

12  materials by persons engaged in the business of recycling on

13  October 1, 1988, whether or not the persons are were operating

14  for profit.  Counties and municipalities are encouraged to use

15  for-profit and nonprofit organizations in fulfilling their

16  responsibilities under this act.

17         (11)  A county and the municipalities within the

18  county's boundaries may jointly develop a recycling program,

19  provided that the county and each such municipality must enter

20  into a written agreement to jointly develop a recycling

21  program.  If a municipality does not participate in jointly

22  developing a recycling program with the county within which it

23  is located, the county may require the municipality to provide

24  information on recycling efforts undertaken within the

25  boundaries of the municipality in order to determine whether

26  the goal for municipal solid waste reduction is being

27  achieved.

28         (12)  It is the policy of the state that a county and

29  its municipalities may jointly determine, through an

30  interlocal agreement pursuant to s. 163.01 or by requesting

31  the passage of special legislation, which local governmental

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  1  agency shall administer a solid waste management or recycling

  2  program.

  3         (13)  The county shall provide written notice to all

  4  municipalities within the county when recycling program

  5  development begins and shall provide periodic written progress

  6  reports to the municipalities concerning the preparation of

  7  the recycling program.

  8         (14)  Nothing in this act shall be construed to prevent

  9  the governing body of any county or municipality from

10  providing by ordinance or regulation for solid waste

11  management requirements which are stricter or more extensive

12  than those imposed by the state solid waste management program

13  and rules, regulations, and orders issued thereunder.

14         (15)  Nothing in this act or in any rule adopted by any

15  agency shall be construed to require any county or

16  municipality to participate in any regional solid waste

17  management or regional resource recovery program until the

18  governing body of such county or municipality has determined

19  that participation in such a program is economically feasible

20  for that county or municipality. Nothing in this act or in any

21  special or local act or in any rule adopted by any agency

22  shall be construed to limit the authority of a municipality to

23  regulate the disposal of solid waste within its boundaries or

24  generated within its boundaries so long as a facility for any

25  such disposal has been approved by the department, unless the

26  municipality is included within a solid waste management

27  program created by interlocal agreement or special or local

28  act. If bonds had been issued to finance a resource recovery

29  or management program or a solid waste management program in

30  reliance on state law granting to a county the responsibility

31  for the resource recovery or management program or a solid

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  1  waste management program, nothing herein shall permit any

  2  governmental agency to withdraw from said program if said

  3  agency's participation is necessary for the financial

  4  feasibility of the project, so long as said bonds are

  5  outstanding.

  6         (16)  Nothing in this chapter or in any rule adopted by

  7  any state agency hereunder shall require any person to

  8  subscribe to any private solid waste collection service.

  9         (17)  To effect the purposes of this part, counties and

10  municipalities are authorized, in addition to other powers

11  granted pursuant to this part:

12         (a)  To contract with persons to provide resource

13  recovery services or operate resource recovery facilities on

14  behalf of the county or municipality.

15         (b)  To indemnify persons providing resource recovery

16  services or operating resource recovery facilities for

17  liabilities or claims arising out of the provision or

18  operation of such services or facilities that are not the

19  result of the sole negligence of the persons providing such

20  services or operating such facilities.

21         (c)  To waive sovereign immunity and immunity from suit

22  in federal court by vote of the governing body of the county

23  or municipality to the extent necessary to carry out the

24  authority granted in paragraphs (a) and (b), notwithstanding

25  the limitations prescribed in s. 768.28.

26         (d)  To grant a solid waste fee waiver to nonprofit

27  organizations that are engaged in the collection of donated

28  goods for charitable purposes and that have a recycling or

29  reuse rate of 50 percent or better.

30         (18)  Each operator of a solid waste management

31  facility owned or operated by or on behalf of a county or

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  1  municipality shall weigh all solid waste when it is received.

  2  The scale used to measure the solid waste shall conform to the

  3  requirements of chapter 531 and any rules promulgated

  4  thereunder.

  5         (19)  A county listed in chapter 17-7, Florida

  6  Administrative Code, which was required to submit to the

  7  department a local resource recovery and management program

  8  shall revise its existing local resource recovery and

  9  management program if necessary to meet the requirements of

10  this act.

11         (19)(20)  In the event the power to manage solid waste

12  has been granted to a special district or other entity by

13  special act or interlocal agreement, any duty or

14  responsibility or penalty imposed under this part on a county

15  or municipality shall apply to such special district or other

16  entity to the extent of the grant of such duty or

17  responsibility or imposition of such penalty.  To the same

18  extent, such special district or other entity shall be

19  eligible for grants or other benefits provided pursuant to

20  this part.

21         (20)(21)  In addition to any other penalties provided

22  by law, a local government that does not comply with the

23  requirements of subsections (2) and (4) shall not be eligible

24  for grants from the Solid Waste Management Trust Fund, and the

25  department may notify the State Treasurer to withhold payment

26  of all or a portion of funds payable to the local government

27  by the department from the General Revenue Fund or by the

28  department from any other state fund, to the extent not

29  pledged to retire bonded indebtedness, unless the local

30  government demonstrates that good faith efforts to meet the

31  requirements of subsections (2) and (4) have been made or that

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  1  the funds are being or will be used to finance the correction

  2  of a pollution control problem that spans jurisdictional

  3  boundaries.

  4         (21)(22)  Local governments are authorized to enact

  5  ordinances that require and direct all residential properties

  6  and industrial, commercial, and institutional establishments

  7  as defined by the local government to establish programs for

  8  the separation of recyclable materials designated by the local

  9  government, which recyclable materials are specifically

10  intended for purposes of recycling and for which a market

11  exists, and to provide for their collection.  Such ordinances

12  may include, but are not limited to, provisions that prohibit

13  any person from knowingly disposing of recyclable materials

14  designated by the local government and that ensure the

15  collection of recovered materials as necessary to protect

16  public health and safety.

17         (22)(23)  Nothing in this act shall limit the authority

18  of the state or any local government to regulate the

19  collection, transportation, processing, or handling of

20  recovered materials or solid waste in order to protect the

21  public health, safety, and welfare.

22         Section 3.  Subsections (15) and (16) are added to

23  section 403.707, Florida Statutes, to read:

24         403.707  Permits.--

25         (15)  Construction and demolition debris must be

26  separated from the solid waste stream and segregated in

27  separate locations at a solid waste disposal facility or other

28  permitted site.

29         (16)  No facility, solely by virtue of the fact that it

30  uses processed yard trash or clean wood or paper waste as a

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  1  fuel source, shall be deemed to be a solid waste disposal

  2  facility.

  3         Section 4.  Subsections (1) and (4) of section 403.717,

  4  Florida Statutes, are amended to read:

  5         403.717  Waste tire and lead-acid battery

  6  requirements.--

  7         (1)  For purposes of this section and ss. 403.718 and,

  8  403.7185, and 403.719:

  9         (a)  "Department" means the Department of Environmental

10  Protection.

11         (b)  "Motor vehicle" means an automobile, motorcycle,

12  truck, trailer, semitrailer, truck tractor and semitrailer

13  combination, or any other vehicle operated in this state, used

14  to transport persons or property and propelled by power other

15  than muscular power, but the term does not include traction

16  engines, road rollers, such vehicles as run only upon a track,

17  bicycles, mopeds, or farm tractors and trailers.

18         (c)  "Tire" means a continuous solid or pneumatic

19  rubber covering encircling the wheel of a motor vehicle.

20         (d)  "Waste tire" means a tire that has been removed

21  from a motor vehicle and has not been retreaded or regrooved.

22  "Waste tire" includes, but is not limited to, used tires and

23  processed tires.

24         (e)  "Waste tire collection center" means a site where

25  waste tires are collected from the public prior to being

26  offered for recycling and where fewer than 1,500 tires are

27  kept on the site on any given day.

28         (f)  "Waste tire processing facility" means a site

29  where equipment is used to recapture reusable byproducts from

30  waste tires or to cut, burn, or otherwise alter waste tires so

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    Florida Senate - 2002                           CS for SB 1038
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  1  that they are no longer whole. The term includes mobile waste

  2  tire processing equipment.

  3         (g)  "Waste tire site" means a site at which 1,500 or

  4  more waste tires are accumulated.

  5         (h)  "Lead-acid battery" means those lead-acid

  6  batteries designed for use in motor vehicles, vessels, and

  7  aircraft, and includes such batteries when sold new as a

  8  component part of a motor vehicle, vessel, or aircraft, but

  9  not when sold to recycle components.

10         (i)  "Indoor" means within a structure which excludes

11  rain and public access and would control air flows in the

12  event of a fire.

13         (j)  "Processed tire" means a tire that has been

14  treated mechanically, chemically, or thermally so that the

15  resulting material is a marketable product or is suitable for

16  proper disposal.

17         (k)  "Used tire" means a waste tire which has a minimum

18  tread depth of  3/32  inch or greater and is suitable for use

19  on a motor vehicle.

20         (4)  The department shall adopt rules to carry out the

21  provisions of this section and s. ss. 403.718 and 403.719.

22  Such rules shall:

23         (a)  Provide for the administration or revocation of

24  waste tire processing facility permits, including mobile

25  processor permits;

26         (b)  Provide for the administration or revocation of

27  waste tire collector registrations, the fees for which may not

28  exceed $50 per vehicle registered annually;

29         (c)  Provide for the administration or revocation of

30  waste tire collection center permits, the fee for which may

31  not exceed $250 annually;.

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  1         (d)  Set standards, including financial assurance

  2  standards, for waste tire processing facilities and associated

  3  waste tire sites, waste tire collection centers, waste tire

  4  collectors, and for the storage of waste tires and processed

  5  tires, including storage indoors;

  6         (e)  The department may by rule exempt not-for-hire

  7  waste tire collectors and processing facilities from financial

  8  assurance requirements;.

  9         (f)  Establish procedures for administering the waste

10  tire grants program and issuing grants;

11         (f)(g)  Authorize the final disposal of waste tires at

12  a permitted solid waste disposal facility provided the tires

13  have been cut into sufficiently small parts to assure their

14  proper disposal; and

15         (g)(h)  Allow waste tire material which has been cut

16  into sufficiently small parts to be used as daily cover

17  material for a landfill.

18         Section 5.  Sections 403.7085, 403.7165, and 403.7175,

19  Florida Statutes, are repealed.

20         Section 6.  This act shall take effect upon becoming

21  law.

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    Florida Senate - 2002                           CS for SB 1038
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1038

  3

  4  The committee substitute rewrites the bill to conform other
    statutory provisions to the changes made by CS/SB 710
  5  relating to financial matters of the Solid Waste Management
    Trust Fund.
  6
    Deletes the requirement that the state solid waste program
  7  must provide guidelines for the collection and transportation
    of solid waste.
  8
    Deletes the requirement that the state solid waste management
  9  program be updated every 3 years.

10  Deletes the detailed language regarding what information the
    counties must submit to the Department of Environmental
11  Protection (DEP) annually. Instead, the DEP would periodically
    seek information from the counties to evaluate and report on
12  the success of meeting the solid waste reduction goal.

13  Requires the counties to implement a recyclable materials
    recycling program; however, the counties are no longer
14  required to recover a majority of the "minimum five." Instead,
    counties have flexibility to recover a significant portion of
15  at least four of the following materials:  newspaper, aluminum
    cans, steel cans, glass, plastic bottles, cardboard, office
16  paper, and yard trash.

17  Counties are encouraged to consider plans for composting or
    mulching of organic materials and work in partnership with the
18  private sector.

19  Deletes specific language regarding the amount of construction
    and demolition debris, yard trash, white goods, and tires that
20  may be considered when determining the 30 percent waste
    reduction goal.
21
    Redefines a small county for the purpose of having to provide
22  an opportunity to recycle in lieu of achieving the 30 percent
    goal. Increases the population threshold from 75,000 to
23  100,000. Deletes certain notice requirements for such
    counties.
24
    Requires that construction and demolition debris must be
25  separated form the solid waste stream in separate locations at
    a solid waste disposal facility or other permitted site.
26  Clarifies in the permit section that no facility that uses
    processed yard trash or clean wood or paper waste as a fuel
27  source is deemed to be a solid waste disposal facility.

28  Deletes DEP's authority to establish and administer a separate
    waste tire grants program.
29
    Repeals s. 403.7085, F.S., relating to animal parts, fats,
30  disposal; repeals s. 403.7165, relating to the Applications
    Demonstration Center for Resource Recovery from Solid Organic
31  Materials; and repeals s. 403.7175, F.S., relating to an
    annual transfer from the General Revenue Fund to the Water
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    Florida Senate - 2002                           CS for SB 1038
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  1  Quality Assurance Trust Fund.

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