HB 1363 2003
1	A bill to be entitled
2	An act relating to phosphate mining; amending s. 373.414,
3	F.S.; providing additional criteria for activities within
4	watersheds; revising conditions under which wetlands
5	reclamation activities for phosphate and heavy minerals
6	mining are considered appropriate mitigation under pt. IV
7	of ch. 373, F.S.; providing for applicability of certain
8	provisions to watersheds rather than drainage basins;
9	providing additional conditions under which the governing
10	board of a water management district and the Department of
11	Environmental Protection shall consider phosphate mining
12	activities to meet specified cumulative impact
13	requirements; providing construction; requiring a
14	cumulative analysis of specified impacts prior to any
15	modification or expansion of existing phosphate mining
16	activities and new phosphate mining activities; defining
17	"prospective phosphate mines"; amending s. 378.035, F.S.;
18	revising provisions relating to the use of funds within
19	the Nonmandatory Land Reclamation Trust Fund; removing
20	obsolete provisions; removing provisions relating to the
21	deposit and use of funds derived from registration fees
22	under the phosphogypsum management program; removing
23	provisions relating to the availability of specified funds
24	in the event that the nonmandatory land reclamation
25	program encumbers all the funds in the Nonmandatory Land
26	Reclamation Trust Fund; amending s. 403.4154, F.S.;
27	providing financial responsibility requirements for mining
28	activity and phosphogypsum stack systems; amending s.
29	403.4155, F.S., relating to rulemaking authority of the
30	Department of Environmental Protection with respect to
31	phosphogypsum management; removing obsolete provisions;
32	providing severability; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. Subsections (6) and (8) of section 373.414,
37	Florida Statutes, are amended to read:
38	373.414 Additional criteria for activities within
39	watershedsin surface waters and wetlands.--
40	(6)(a) The Legislature recognizes that some mining
41	activities that may occur in waters of the state must leave a
42	deep pit as part of the reclamation. Such deep pits may not meet
43	the established water quality standard for dissolved oxygen
44	below the surficial layers. Where such mining activities
45	otherwise meet the permitting criteria contained in this
46	section, such activities may be eligible for a variance from the
47	established water quality standard for dissolved oxygen within
48	the lower layers of the reclaimed pit.
49	(b) Wetlands reclamation activities for phosphate and
50	heavy minerals mining undertaken pursuant to chapter 378 shall
51	be considered appropriate mitigation for this part if they
52	maintain or improve the water quality and the function of the
53	biological systems present at the site prior to the commencement
54	of mining activities, and the requirements of subsection (8) are
55	met.
56	(c) Wetlands reclamation activities for fuller's earth
57	mining undertaken pursuant to chapter 378 shall be considered
58	appropriate mitigation for this part if they maintain or improve
59	the water quality and the function of the biological systems
60	present at the site prior to the commencement of mining
61	activities, unless the site features make such reclamation
62	impracticable, in which case the reclamation must offset the
63	regulated activities' adverse impacts on surface waters and
64	wetlands.
65	(d) Onsite reclamation of the mine pit for limerock and
66	sand mining shall be conducted in accordance with the
67	requirements of chapter 378.
68	1. Mitigation activities for limerock and sand mining must
69	offset the regulated activities' adverse impacts on surface
70	waters and wetlands. Mitigation activities shall be located on
71	site, unless onsite mitigation activities are not feasible, in
72	which case, offsite mitigation as close to the activities as
73	possible shall be required. However, mitigation banking may be
74	an acceptable form of mitigation, whether on or off site, as
75	judged on a case-by-case basis.
76	2. The ratio of mitigation-to-wetlands loss shall be
77	determined on a case-by-case basis and shall be based on the
78	quality of the wetland to be impacted and the type of mitigation
79	proposed.
80	(8)(a) The governing board or the department, in deciding
81	whether to grant or deny a permit for an activity regulated
82	under this part shall consider the cumulative impacts upon
83	surface water and wetlands, as delineated in s. 373.421(1),
84	within the same drainage basin as defined in s. 373.403(9), of:
85	1. The activity for which the permit is sought.
86	2. Projects which are existing or activities regulated
87	under this part which are under construction or projects for
88	which permits or determinations pursuant to s. 373.421 or s.
89	403.914 have been sought.
90	3. Activities which are under review, approved, or vested
91	pursuant to s. 380.06, or other activities regulated under this
92	part which may reasonably be expected to be located within
93	surface waters or wetlands, as delineated in s. 373.421(1), in
94	the same watersheddrainage basin as defined in s. 373.403(9),
95	based upon the comprehensive plans, adopted pursuant to chapter
96	163, of the local governments having jurisdiction over the
97	activities, or applicable land use restrictions and regulations.
98	(b) If an applicant proposes mitigation within the same
99	watersheddrainage basinas the adverse impacts to be mitigated,
100	and if the mitigation offsets these adverse impacts, the
101	governing board and department shall consider the regulated
102	activity to meet the cumulative impact requirements of paragraph
103	(a). However, for phosphate mining activities, an applicant must
104	also demonstrate that the direct and indirect cumulative impact
105	of changes in water flows and levels from mining activities,
106	phosphogypsum stack systems, and associated reclamation
107	activities will not adversely affect surface water, ground
108	water, wetland, upland, aquatic, and estuarine habitats, listed
109	species, and other natural system features within the same
110	watershed.This paragraph may not be construed to prohibit
111	mitigation outside the watersheddrainage basinwhich offsets
112	the adverse impacts within the watersheddrainage basin.
113	(c) Prior to any modification or expansion of existing
114	phosphate mining activities and any new phosphate mining
115	activities, including, but not limited to, approvals, permit
116	issuance, and any mining activities within the Peace River
117	Watershed pursuant to this part, or chapter 373, the department
118	shall require the operator or applicant to complete a cumulative
119	analysis of the impacts throughout the watershed that may result
120	from phosphate mining activities, including phosphogypsum stack
121	system operations and closure, reclamation, and other related
122	activities on natural systems. Such cumulative analysis shall
123	evaluate the collective impacts of all permitted and exempt
124	existing phosphate mines and all prospective mines, including
125	direct and indirect impacts on: surface waters; ground waters;
126	upland, wetland, aquatic, and estuarine habitats; listed
127	species; and other natural system features. For purposes of the
128	section, prospective phosphate mines include all lands that have
129	been identified for phosphate mining in any plan completed
130	pursuant to chapter 163 or chapter 378, or identified for
131	phosphate mining in any request for approval submitted to any
132	federal, state, regional or a local government agency, and have
133	not been permanently excluded from mining by acquisition for
134	conservation purposes or by conservation easement.
135	Section 2. Section 378.035, Florida Statutes, is amended
136	to read:
137	378.035 Department responsibilities and duties with
138	respect to Nonmandatory Land Reclamation Trust Fund.--
139	(1) The department shall administer the Nonmandatory Land
140	Reclamation Trust Fund.
141	(2)(a) The department shall verify that reclamation
142	activities or portions thereof have been accomplished in
143	accordance with the reclamation contract and shall certify the
144	cost of such reclamation activities to the Comptroller for
145	reimbursement.
146	(b) Beginning in 1985, the department shall determine the
147	maximum dollar amount a landowner may be reimbursed per
148	reclaimed acre under an approved reclamation program.
149	(c) Nothing in this act precludes a landowner from
150	performing the reclamation pursuant to the approved reclamation
151	program, provided the landowner complies with the provisions of
152	this act.
153	(3) If an applicant who has signed a reclamation contract
154	abandons the reclamation program prior to substantial completion
155	of the program, the department may spend the remaining balance
156	of funds not expended under the contract to complete the
157	program.
158	(a) The contract amount and any amounts spent by the
159	department in excess of the remaining balance of the funds under
160	the contract become a lien upon the property, enforceable
161	pursuant to chapter 85. The moneys received as a result of a
162	lien foreclosure or as repayment shall be deposited into the
163	trust fund.
164	(b) If the land acquired pursuant to the lien foreclosure
165	has recreational or wildlife value, the department may retain
166	ownership as with other property acquired pursuant to s.
167	378.036. If the department sells the property, the department
168	shall deposit the proceeds of the sale into the trust fund.
169	(4) Interest on moneys deposited in the Nonmandatory Land
170	Reclamation Trust Fund shall accrue to that fund.
171	(5) On July 1, 2001, $50 million of the unencumberedFunds
172	within the Nonmandatory Land Reclamation Trust Fund are also
173	authorizedreserved for use by the department for the following
174	purposes.
175	(a) These reserved moneys are to be usedTo reclaim lands
176	disturbed by the severance of phosphate rock on or after July 1,
177	1975, in the event that a mining company ceases mining and the
178	associated reclamation prior to all lands disturbed by the
179	operation being reclaimed. Moneys expended by the department to
180	accomplish reclamation pursuant to this subsection shall become
181	a lien upon the property enforceable pursuant to chapter 85. The
182	moneys received as a result of a lien foreclosure or as
183	repayment shall be deposited into the trust fund. In the event
184	the money received as a result of lien foreclosure or repayment
185	is less than the amount expended for reclamation, the department
186	shall use all means available to recover, for the use of the
187	fund, the difference from the affected parties. Paragraph (3)(b)
188	shall apply to lands acquired as a result of a lien foreclosure.
189	(b) The department may also expend funds from the $50
190	million reserve fundFor the abatement of an imminent hazard as
191	provided by s. 403.4154(4)(3)and for the purpose of closing an
192	abandoned phosphogypsum stack system and carrying out
193	postclosure care as provided by s. 403.4154(6)(5). Fees
194	deposited in the Nonmandatory Land Reclamation Trust Fund
195	pursuant to s. 403.4154(4) may be used for the purposes
196	authorized in this paragraph. However, such fees may only be
197	used at a stack system if closure or imminent-hazard-abatement
198	activities initially commence on or after July 1, 2002.
199	(6)(a) Up to one-half of the interest income accruing to
200	the funds reserved by subsection (5) shall be available to the
201	department annually for the purpose of funding basic management
202	or protection of reclaimed, restored, or preserved phosphate
203	lands:
204	1. Which have wildlife habitat value as determined by the
205	Bureau of Mine Reclamation;
206	2. Which have been transferred by the landowner to a
207	public agency or a private, nonprofit land conservation and
208	management entity in fee simple, or which have been made subject
209	to a conservation easement pursuant to s. 704.06; and
210	3. For which other management funding options are not
211	available.
212
213	These funds may, after the basic management or protection has
214	been assured for all such lands, be combined with other
215	available funds to provide a higher level of management for such
216	lands.
217	(b) Up to one-half of the interest income accruing to the
218	funds reserved by subsection (5) shall be available to the
219	department annually for the sole purpose of funding the
220	department's implementation of:
221	1. The NPDES permitting program authorized by s. 403.0885,
222	as it applies to phosphate mining and beneficiation facilities,
223	phosphate fertilizer production facilities, and phosphate
224	loading and handling facilities;
225	2. The regulation of dams in accordance with department
226	rule 62-672, Florida Administrative Code; and
227	3. The phosphogypsum management program pursuant to s.
228	403.4154 and department rule 62-673, Florida Administrative
229	Code.
230
231	On or before August 1 of each fiscal year, the department shall
232	prepare a report presenting the expenditures using the interest
233	income allocated by this section made by the department during
234	the immediately preceding fiscal year, which report shall be
235	available to the public upon request.
236	(7) Should the nonmandatory land reclamation program
237	encumber all the funds in the Nonmandatory Land Reclamation
238	Trust Fund except those reserved by subsection (5) prior to
239	funding all the reclamation applications for eligible parcels,
240	the funds reserved by subsection (5) shall be available to the
241	program to the extent required to complete the reclamation of
242	all eligible parcels for which the department has received
243	applications.
244	(7)(8)The department may not accept any applications for
245	nonmandatory land reclamation programs after November 1, 2008.
246	(8)(9)The Bureau of Mine Reclamation shall review the
247	sufficiency of the Nonmandatory Land Reclamation Trust Fund to
248	support the stated objectives and report to the secretary
249	annually with recommendations as appropriate. The report
250	submittal for calendar year 2008 shall specifically address the
251	effect of providing a future refund of fees paid pursuant to s.
252	403.4154(5)(4)following certification of stack closure pursuant
253	to department rules, and the report shall be submitted to the
254	Governor, the President of the Senate, and the Speaker of the
255	House of Representatives on or before March 1, 2009.
256	Section 3. Section 403.4154, Florida Statutes, is amended
257	to read:
258	403.4154 Phosphogypsum management program.--
259	(1) DEFINITIONS.--As used in this section, the term:
260	(a) "Department" means the Department of Environmental
261	Protection.
262	(b) "Existing stack" means a phosphogypsum stack, as
263	defined in paragraph (d), that is:
264	1. In existence in this state on May 12, 1993; or
265	2. Constructed in this state after May 12, 1993, and for
266	which the department has received a certification of completion
267	of construction submitted by the owner of the newly constructed
268	phosphogypsum stack.
269
270	The term "existing stack" does not include a phosphogypsum stack
271	that has been closed pursuant to a department permit or order.
272	(c) "Phosphogypsum" means calcium sulfate and byproducts
273	produced by the reaction of sulfuric acid with phosphate rock to
274	produce phosphoric acid.
275	(d) "Phosphogypsum stack" means any defined geographic
276	area associated with a phosphoric acid production facility in
277	which phosphogypsum is disposed of or stored, other than within
278	a fully enclosed building, container, or tank.
279	(e) "Phosphogypsum stack system" means the phosphogypsum
280	stack, pile, or landfill, together with all pumps, piping,
281	ditches, drainage conveyances, water-control structures,
282	collection pools, cooling ponds, surge ponds, and any other
283	collection or conveyance system associated with the transport of
284	phosphogypsum from the plant to the phosphogypsum stack, its
285	management at the stack, and the process-wastewater return to
286	the phosphoric acid production or other process. This definition
287	specifically includes toe drain systems and ditches and other
288	leachate collection systems but does not include conveyances
289	within the confines of the fertilizer production plant or
290	existing areas used in emergency circumstances caused by
291	rainfall events of high volume or duration for the temporary
292	storage of process wastewater to avoid discharges to surface
293	waters of the state, which process wastewater must be removed
294	from the temporary storage area as expeditiously as possible,
295	but not to exceed 120 days after each emergency.
296	(f) "Process wastewater" means any water that, during
297	manufacturing or processing, comes into direct contact with or
298	results from the production or use of any raw material,
299	intermediate product, finished product, byproduct, or waste
300	product, along with any leachate or runoff from the
301	phosphogypsum stack system. This term does not include
302	contaminated nonprocess wastewater as that term is defined in 40
303	C.F.R. part 418.11(c).
304	(2) REGULATORY PROGRAM.--
305	(a) It is the intent of the Legislature that the
306	department develop a program for the sound and effective
307	regulation of phosphogypsum stack systems in the state.
308	(b) The department shall adopt rules that prescribe
309	acceptable construction designs for new or expanded
310	phosphogypsum stack systems and that prescribe permitting
311	criteria for operation, closure criteria, long-term-care
312	requirements, and closure financial responsibility requirements
313	for phosphogypsum stack systems.
314	(3) FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MINING
315	ACTIVITY AND PHOSPHOGYPSUM STACK SYSTEMS.--
316	(a) On or before August 1, 2003, there shall be filed with
317	the department a surety bond in an amount equal to the cost of
318	closure of all existing mines and phosphogypsum stack systems
319	including the cost of disposal of all process water for each
320	permitted, exempt, existing, and approved phosphate mine and
321	phosphogypsum stack system. For all new mining activity,
322	phosphogypsum stack systems and expansions of existing
323	activities and existing phosphogypsum stack systems approved or
324	permitted after January 1, 2002, in order to receive a permit or
325	approval, owners or operators shall provide financial
326	responsibility in the form of a surety bond in favor of the
327	department that covers the cost of closure for the phosphogypsum
328	stack system, all mining activities and all reclamation. Cost
329	of closure shall include, but not be limited to:
330	1. The cost of treatment and appropriate disposal of all
331	process wastewater, both ponded and pore, in the system;
332	2. All construction work necessary to properly close the
333	system in accordance with department rules; and
334	3. All costs associated with long-term care of the closed
335	system, all mining activities, and all reclamation, including
336	maintenance and monitoring, in accordance with department rules.
337	(4)(3)ABATEMENT OF IMMINENT HAZARD.--
338	(a) The department may take action to abate or
339	substantially reduce any imminent hazard caused by the physical
340	condition, maintenance, operation, or closure of a phosphogypsum
341	stack system.
342	(b) An imminent hazard exists if the physical condition,
343	maintenance, operation, or closure of a phosphogypsum stack
344	system creates an immediate and substantial danger to human
345	health, safety, or welfare or to the environment. A
346	phosphogypsum stack system is presumed not to cause an imminent
347	hazard if the physical condition and operation of the system are
348	in compliance with all applicable department rules.
349	(c) If the department determines that the physical
350	condition, maintenance, operation, or closure of a phosphogypsum
351	stack system poses an imminent hazard, the department shall
352	request access to the property on which such stack system is
353	located from the owner or operator of the stack system for the
354	purposes of taking action to abate or substantially reduce the
355	imminent hazard. If the department, after reasonable effort, is
356	unable to timely obtain the necessary access to abate or
357	substantially reduce the imminent hazard, the department may
358	institute action in its own name, using the procedures and
359	remedies of s. 403.121 or s. 403.131, to abate or substantially
360	reduce an imminent hazard. Whenever serious harm to human
361	health, safety, or welfare, to the environment, or to private or
362	public property may occur prior to completion of an
363	administrative hearing or other formal proceeding that might be
364	initiated to abate the risk of serious harm, the department may
365	obtain from the court, ex parte, an injunction without paying
366	filing and service fees prior to the filing and service of
367	process.
368	(d) To abate or substantially reduce an imminent hazard,
369	the department may take any appropriate action, including, but
370	not limited to, using employees of the department or contracting
371	with other state or federal agencies, with private third-party
372	contractors, or with the owner or operator of the stack system,
373	or financing, compensating, or funding a receiver, trustee, or
374	owner of the stack system, to perform all or part of the work.
375	(e) The department shall recover from the owner or
376	operator of the phosphogypsum stack system to the use of the
377	Nonmandatory Land Reclamation Trust Fund all moneys expended
378	from the fund, including funds expended prior to the effective
379	date of this section, to abate an imminent hazard posed by the
380	phosphogypsum stack system plus a penalty equal to an amount
381	calculated at 30 percent of such funds expended. This penalty
382	shall be imposed annually, and prorated from the date of payment
383	from the fund until the expended funds and the penalty are
384	repaid. If the department prevails in any action to recover
385	funds pursuant to this subsection, it may recover reasonable
386	attorney's fees and costs incurred. Phosphogypsum may not be
387	deposited on a stack until all moneys expended from the fund in
388	connection with the stack have been repaid, unless the
389	department determines that such placement is necessary to abate
390	or avoid an imminent hazard or unless otherwise authorized by
391	the department.
392	(f) The department may impose a lien on the real property
393	on which the phosphogypsum stack system that poses an imminent
394	hazard is located and on the real property underlying and other
395	assets located at associated phosphate fertilizer production
396	facilities equal in amount to the moneys expended from the
397	Nonmandatory Land Reclamation Trust Fund pursuant to paragraph
398	(d), including attorney's fees and court costs. The owner of any
399	property on which such a lien is imposed is entitled to a
400	release of the lien upon payment to the department of the lien
401	amount. The lien imposed by this section shall havedoes not
402	take priority over any other prior perfectedlien on the real
403	property, personal property, or other assets referenced in this
404	paragraph, including, but not limited to, the associated
405	phosphate rock mine and reserves.
406	(5)(4)REGISTRATION FEES.--
407	(a)1. The owner or operator of each existing phosphogypsum
408	stack who has not provided a performance bond, letter of credit,
409	trust fund agreement, or closure insurance to demonstrate
410	financial responsibility for closure and long-term care shall
411	pay to the department a fee as set forth in this paragraph. All
412	fees shall be deposited in the Nonmandatory Land Reclamation
413	Trust Fund.
414	2. The amount of the fee for each existing stack shall be
415	$75,000 for each of the five 12-month periods following July 1,
416	2001.
417	3. The amount of the fee for any new stack for which the
418	owner or operator has not provided a performance bond, letter of
419	credit, trust fund agreement, or closure insurance to
420	demonstrate financial responsibility for closure and long-term
421	care shall be $75,000 for each of the five 12-month periods
422	following the issuance by the department of a construction
423	permit for that stack.
424	4. Within 30 days after a phosphogypsum stack has been
425	certified as closed pursuant to rule 62-673.620(2) and (3),
426	Florida Administrative Code, the department shall refund to the
427	owner of the closed phosphogypsum stack an amount from the
428	Nonmandatory Land Reclamation Trust Fund equal to the total
429	amount of fee payments made by the owner or operator to the fund
430	in connection with the closed phosphogypsum stack, except that
431	any refund becoming payable prior to July 1, 2009, shall be paid
432	to the owner on or after that date.
433	(b) On or before August 1 of each year, the department
434	shall provide written notice to each owner of an existing stack
435	of any fee payable for the 12-month period commencing on the
436	immediately preceding July 1. Each owner shall remit the fee to
437	the department on or before August 31 of each year.
438	(6)(5)CLOSURE OF ABANDONED SYSTEMS.--
439	(a) The department may expend money from the Nonmandatory
440	Land Reclamation Trust Fund to take all steps necessary to close
441	a phosphogypsum stack system and to carry out postclosure care
442	in accordance with department rules in effect as of the date of
443	commencement of closure activities, subject to the conditions
444	set forth in this subsection. To accomplish such closure and
445	postclosure care, the department may take any appropriate
446	action, including, but not limited to, using employees of the
447	department or by contracting with other state or federal
448	agencies, with private third-party contractors, or with the
449	owner or operator of the stack system, to perform all or part of
450	the work.
451	(b) The department may close a phosphogypsum stack system
452	through agreement with the owner or by court order. In
453	determining whether closure is appropriate, the court shall
454	consider whether closing the stack will protect human health,
455	safety, or welfare or the environment; the useful life of the
456	stack; the effect of delaying closure on the stability of the
457	fund; the likelihood that the stack will be operated again; and
458	any other relevant factors. If the court finds that closure is
459	appropriate, the court may appoint a receiver to oversee the
460	closure or shall authorize department employees, agents, and
461	contractors to enter all land owned by the owner of the
462	phosphogypsum stack system for the performance of closure and
463	postclosure activities.
464	(c) The department may impose a lien on the real property
465	on which a closed phosphogypsum stack system is located and on
466	the real property underlying and other assets located at its
467	formerly associated phosphate fertilizer production facilities
468	equal in amount to the moneys expended from the Nonmandatory
469	Land Reclamation Trust Fund pursuant to this subsection for
470	closure and postclosure care. The owner of any property on which
471	such a lien is imposed is entitled to a release of the lien upon
472	payment to the department of the lien amount and execution of an
473	agreement to carry out postclosure care in accordance with
474	applicable department rules. The lien imposed by this section
475	shall havedoes not take priority over any other prior perfected
476	lien on the real property, personal property, or other assets
477	referenced in this paragraph, including, but not limited to, the
478	associated phosphate rock mine and reserves.
479	Section 4. Section 403.4155, Florida Statutes, is amended
480	to read:
481	403.4155 Phosphogypsum management; rulemaking authority.--
482	(1)The Department of Environmental Protection shall adopt
483	rules to amend existing chapter 62-672, Florida Administrative
484	Code, to ensure that impoundment structures and water conveyance
485	piping systems used in phosphogypsum management are designed and
486	maintained to meet critical safety standards. The rules must
487	require that any impoundment structure used in a phosphogypsum
488	stack system, together with all pumps, piping, ditches, drainage
489	conveyances, water control structures, collection pools, cooling
490	ponds, surge ponds, and any other collection or conveyance
491	system associated with phosphogypsum transport, cooling water,
492	or the return of process wastewater, is constructed using sound
493	engineering practices and is operated to avoid spills or
494	discharges of materials which adversely affect surface or ground
495	waters. The rules must require that a phosphogypsum stack system
496	owner maintain a log detailing the owner's operating inspection
497	schedule, results, and any corrective action taken based on the
498	inspection results. The rules must require phosphogypsum stack
499	owners to maintain an emergency contingency plan and demonstrate
500	the ability to mobilize equipment and manpower to respond to
501	emergency situations at phosphogypsum stack systems. The rules
502	must establish a reasonable time period not to exceed 12 months
503	for facilities to meet the provisions of the rules adopted
504	pursuant to this section.
505	(2) By January 31, 2002, the department shall review
506	chapter 62-673, Florida Administrative Code, to determine the
507	adequacy of the financial responsibility provisions contained in
508	the rules and shall take any measures necessary to ensure that
509	the rules provide sound and effective provisions to minimize
510	risk to the environment and to public health and safety from the
511	business failure of a phosphogypsum stack system.
512	Section 5. If any provision of this act or the application
513	thereof to any person or circumstance is held invalid, the
514	invalidity shall not affect other provisions or applications of
515	the act which can be given effect without the invalid provision
516	or application, and to this end the provisions of this act are
517	declared severable.
518	Section 6. This act shall take effect upon becoming a law.