HB 1525 2003
1	A bill to be entitled
2	An act relating to establishment of a performance-based
3	environmental permitting system; creating s. 403.0874,
4	F.S.; providing an act name; providing legislative
5	findings; providing purposes; providing definitions;
6	providing compliance incentives for certain environmental
7	permitting activities; providing requirements and
8	limitations; requiring the Department of Environmental
9	Protection to adopt certain rules; providing for
10	consequences for certain noncompliance with certain
11	permitting decisions; providing for agency consideration
12	of an applicant’s compliance history for certain purposes;
13	providing limitations; providing for consideration of
14	civil or criminal violations; providing for permit
15	application denials under certain circumstances; providing
16	for limited application approval under certain
17	circumstances; providing for limited permit approvals;
18	providing for reporting forms; providing form information
19	and structure requirements; providing rulemaking authority
20	for the department; requiring agency notification of
21	formal enforcement actions; providing notice requirements;
22	providing construction relating to existing agency
23	authority; specifying nonapplication to certain general
24	permits; amending ss. 403.087, 403.0872, 403.088, and
25	403.707, F.S.; revising criteria for department permit
26	issuance to conform; amending s. 403.703, F.S.; correcting
27	a cross reference; amending ss. 373.413 and 161.041, F.S.;
28	specifying application of Performance-based Permitting
29	Program provisions; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. Section 403.0874, Florida Statutes, is
34	created to read:
35	403.0874 Performance-based Permitting Program.--
36	(1) SECTION NAME.--This section is named the “Florida
37	Performance-based Permitting Act.”
38	(2) LEGISLATIVE FINDINGS; PUBLIC PURPOSE.--
39	(a) The Legislature finds and declares that a permit
40	applicant’s history of compliance or noncompliance with
41	environmental laws and permit conditions is a factor that should
42	be considered by the department when the department determines
43	whether to issue or reissue a permit to an applicant.
44	(b) Permit applicants with a history of compliance with
45	the environmental laws and permit conditions should be eligible
46	for longer permits, expedited permit reviews, short-form permit
47	renewals, and other incentives to reward and encourage such
48	applicants.
49	(c) Permit applicants with a history of noncompliance with
50	the environmental laws and permit conditions should be subject
51	to more stringent requirements and, in some cases, such
52	applicants should be denied permits for a period of time until
53	their good standing can be reestablished.
54	(d) It is therefore declared to be the purpose of this act
55	to provide the department with clear and specific authority to
56	consider the compliance history of permit applicants and, in
57	some cases, those who control the applicants when evaluating
58	whether the applicant has provided reasonable assurance that the
59	applicant can and will comply with applicable laws, rules, and
60	permit conditions applicable to the regulated activity.
61	(3) DEFINITIONS.--For purposes of this section:
62	(a) “Applicant” means the proposed permittee or
63	transferee, owner, or operator of a regulated activity seeking
64	an agency permit. If an applicant has not held an agency permit
65	during at least 4 of the 5 years preceding submittal of the
66	permit application, the term also includes any person who has
67	the legal or actual authority to control the proposed permittee,
68	transferee, owner, or operator.
69	(b) “Agency” means the Department of Environmental
70	Protection.
71	(c) “Agency laws” means chapter 161, part IV of chapter
72	373, and chapter 403.
73	(d) "Environmental laws" means any state or federal law
74	that regulates activities for the purpose of protecting the
75	environment, or for the purpose of protecting the public health
76	from pollution or contaminants, but does not include any law
77	that regulates activities only for the purpose of zoning, growth
78	management, or land use.
79	(e) “Formal enforcement action” means that the agency
80	fully and finally adjudicated a civil action. The term also
81	includes criminal charges filed against the applicant, including
82	those officers, directors, trustees, partners, or employees of
83	the applicant who have legal or actual operational control over
84	a department-regulated activity, for an environmental offense
85	that the applicant has been convicted of or pled guilty or nolo
86	contendere to, regardless of whether adjudication is withheld.
87	(f) “Knowing” means awareness of the nature of a person’s
88	acts, not awareness that such acts violate the law. The term
89	does not include conduct that is the result of an act of God,
90	mechanical failure, events beyond the control of the applicant,
91	an accident or a mistake of fact. Knowing violations by an
92	applicant include, but are not limited to, violations knowingly
93	committed by those officers, directors, trustees, partners, or
94	employees of the applicant who have legal or actual operational
95	control over department-regulated activity.
96	(g) “Reasonable assurance” means the existence of a
97	substantial likelihood, although not an absolute guarantee, that
98	the proposed activity and applicant will comply with agency
99	rules, laws, orders, and permit conditions.
100	(h) "Regulated activity" means any activity, including,
101	but not limited to, the construction or operation of a facility,
102	installation, system, or project, for which a permit or
103	certification is required under an agency law.
104	(i) “Site” means a single parcel, or multiple contiguous
105	or adjacent parcels, of land on which the applicant proposes to
106	conduct, or has conducted, a regulated activity. A site is a new
107	site if the applicant has not held an agency permit for a
108	regulated activity at that location for at least 4 of the 5
109	years preceding submission of an application.
110	(4) COMPLIANCE INCENTIVES.--In order to obtain a
111	compliance incentive, the applicant must affirmatively request
112	it as part of the permit application. Unless otherwise
113	prohibited by state or federal law, agency rule, or federal
114	regulation, and provided the applicant meets all other
115	applicable criteria for the issuance of a permit, any applicant
116	who meets the criteria set forth in this subsection is entitled
117	to the following incentives:
118	(a) Tier 1.--
119	1. An applicant shall be entitled to incentives pursuant
120	to this paragraph at a site if the applicant conducted the
121	regulated activity for at least 4 of the 5 years preceding
122	submittal of the permit application or, if the activity is a new
123	regulated activity, the applicant conducted a similar regulated
124	activity under an agency permit for at least 4 of the 5 years at
125	a different site in this state preceding submittal of the permit
126	application. However, an applicant shall not be entitled to
127	incentives under this paragraph if the applicant has a relevant
128	compliance history at the subject site that includes any of the
129	following violations that resulted in formal enforcement action:
130	a. A knowing violation of any agency law, rule, consent
131	order, final order, or final judgment;
132	b. An environmental crime; or
133	c. Two or more knowing violations of the permit occurring
134	on two or more separate occasions and resulting in two or more
135	formal enforcement actions,
136
137	in which the violation resulted in significant harm to human
138	health or the environment.
139	2. Tier 1 incentives may include:
140	a. Automatic renewal of permit. A renewal of an operation
141	or closure permit shall be issued for a period of 5 years and
142	shall, after notice and an opportunity for public comment, be
143	automatically renewed for one additional 5-year term without
144	agency action unless the agency determines, based on information
145	submitted by the applicant or resulting from the public comments
146	or its own records, that the applicant has committed violations
147	or crimes during the relevant review period that disqualify the
148	applicant from receiving the requested extension.
149	b. Expedited permit review. The processing time following
150	receipt of a completed application shall be 45 days for the
151	issuance of the agency action.
152	c. Short-form renewals. Renewals of operation or closure
153	permits not involving substantial construction or expansion may
154	be made upon a shortened application form specifying only the
155	changes in the regulated activity or a certification by the
156	applicant that no changes in the regulated activity are proposed
157	if that is the case. Applicants for short-form renewals shall
158	complete and submit the prescribed compliance form with the
159	application and shall remain subject to the compliance history
160	review of this section. All other procedural requirements for
161	renewal applications remain unchanged. This provision shall
162	supplement any expedited review processes found in agency rules.
163	(b) Tier 2.--An applicant shall be entitled to incentives
164	pursuant to this paragraph if the applicant meets the
165	requirements for Tier 1 and the applicant takes other actions
166	not otherwise required by law that significantly reduce threats
167	or impacts to the environment or public health. Such actions may
168	include reductions in actual or permitted discharges or
169	emissions, reductions in the impacts of regulated activities on
170	public lands or natural resources, waste reduction or reuse,
171	implementation of a voluntary environmental management system,
172	or other similar actions as determined by department rule. Tier
173	2 incentives may include all Tier 1 incentives and may also
174	include:
175	1. Ten-year permits, provided the applicant has conducted
176	a regulated activity at the site for at least 5 years.
177	2. Fewer routine inspections than other regulated
178	activities similarly situated.
179	3. Expedited review of requests for permit modifications.
180	4. Agency recognition, program-specific incentives, or
181	certifications in lieu of renewal permits.
182	5. No more than two requests for additional information.
183	(c) Within 6 months after the effective date of this act,
184	the department shall initiate rulemaking to implement Tier 2
185	incentives. The rule shall specify what incentives will be made
186	available, how applicants may qualify for incentives, how
187	extended permits may be transferred and the limitations on
188	transfer, and how incentives may be removed or revoked if the
189	applicant's compliance history changes. Until an implementing
190	rule is adopted, Tier 2 incentives shall not be available to
191	permit applicants under this act.
192	(5) CONSEQUENCES OF NONCOMPLIANCE ON AGENCY PERMITTING
193	DECISIONS.--The agency shall consider the applicant’s relevant
194	compliance history, as described in this subsection, when
195	determining whether a permit applicant has provided reasonable
196	assurance of future compliance with applicable agency laws,
197	rules, and conditions of the requested permit. Nothing in this
198	subsection is intended to conflict with any requirement of any
199	federally delegated or approved program.
200	(a) The applicant’s relevant compliance history shall
201	consist of the applicant’s knowing civil and criminal violations
202	of environmental laws, rules, consent orders, final orders, or
203	final judgments, with the following limitations:
204	1. Each criminal violation must have occurred during the 5
205	years preceding submission of the permit application to the
206	agency.
207	2. Each knowing civil violation must have resulted in
208	formal enforcement action during the 3 years preceding the
209	submission of the permit application to the agency.
210	3. If the application is for the renewal of an agency
211	permit, except for a permit for a relocatable facility, source,
212	or activity or a permit at any site other than a new site, the
213	agency shall only consider the applicant's knowing violations at
214	that site and the applicant's environmental felony offenses at
215	any site in the country.
216	4. If the application is for a new permit at a new site or
217	any permit for a relocatable facility or source, the agency
218	shall consider the applicant's knowing violations at any site
219	conducting the same activity regulated by the department in this
220	state and the applicant's environmental felony offenses at any
221	site in the country.
222	(b) The agency may consider any full and finally
223	adjudicated civil violations as authorized in this subsection.
224	(c) If the applicant’s relevant compliance history does
225	include knowing civil or criminal violations as specified in
226	paragraph (a), the agency shall consider and weigh the following
227	factors in order to evaluate such violations in the context of
228	the applicant's overall compliance history and to determine
229	whether the applicant has provided, on balance, reasonable
230	assurance of future compliance with agency laws, rules, and the
231	proposed permit:
232	1. The number of knowing violations and the seriousness of
233	such violations in relation to the industry norm and history for
234	the activity regulated by the department.
235	2. The number of other similar facilities controlled by
236	the applicant.
237	3. The number and complexity of any permits held by the
238	applicant and the statistical potential for violations to occur.
239	4. Whether the knowing violations involved regulatory
240	programs that are the same as, or similar to, the regulatory
241	program from which the permit is being requested.
242	5. Whether the knowing violations involved activities that
243	are the same as, similar to, or related to the regulated
244	activity for which a permit is being requested.
245	6. Whether the knowing violations resulted in harm to
246	human health or the environment and the extent of such harm.
247	7. Whether the applicant has implemented an approach or
248	remedial measures that are effectively designed to prevent a
249	recurrence of the knowing violations or crimes.
250	8. Whether the facility for which a permit is being
251	requested provides or proposes to provide utility services to
252	the public or serves a similar public purpose.
253	9. What effect denying a permit application would have on
254	the applicant and the public at large.
255	(d) If the applicant’s relevant compliance history
256	includes one or more of the knowing violations or offenses
257	described in this paragraph, the agency may determine, subject
258	to the notification requirements in subsection (8), that the
259	applicant has not provided reasonable assurance and may deny the
260	permit application and the applicant shall not be entitled to
261	apply for a permit for that regulated activity for a period of 1
262	year from the time a final order denying the permit has been
263	entered:
264	1. A felony criminal violation of any environmental law in
265	the United States;
266	2. A knowing violation of an agency law, rule, consent
267	order, final order, or final judgment that would constitute a
268	felony if prosecuted as a crime;
269	3. A knowing violation of an agency law, rule, consent
270	order, final order, or final judgment that would constitute a
271	misdemeanor if prosecuted as a crime;
272	4. A violation involving the intentional circumvention of
273	pollution control equipment required by agency rules, laws,
274	orders, or permit conditions;
275	5. A violation involving the knowing failure to install,
276	maintain, or operate any monitoring device or method required to
277	be maintained by agency rules, laws, orders, or permit
278	conditions;
279	6. A violation involving the knowing submittal of any
280	false statement, representation, or certification in any
281	application, record, report, plan, or other document filed or
282	required to be maintained by agency rules, laws, orders, or
283	permit conditions; or
284	7. A violation involving falsifying, tampering with, or
285	knowingly rendering inaccurate any monitoring device or method
286	required to be maintained by agency rules, laws, orders, or
287	permit conditions.
288	(e) If the applicant’s relevant compliance history
289	demonstrates a pattern of noncompliance, the agency may, in its
290	discretion, issue a permit, not to exceed 1 year in duration, if
291	the applicant satisfies all other reasonable assurance
292	requirements. A pattern of noncompliance exists when the
293	applicant is responsible for two or more environmental crimes,
294	knowing civil violations, or a combination thereof, occurring on
295	two or more separate occasions and resulting in two or more
296	formal enforcement actions in which the violation resulted in a
297	significant harm to human health or the environment within a 5-
298	year period. Any civil violation specifically identified in the
299	Environmental Litigation Reform Act, as set forth in s. 403.121,
300	shall not be considered, unless the violation was also a knowing
301	violation.
302	1. The agency shall include a statement in the formal
303	enforcement action that the agency has determined that the
304	applicant has a pattern of noncompliance and that this
305	determination has formed the basis for issuing subsequent
306	permits for a period not to exceed 1 year. This probationary and
307	limited duration permit shall cease and a standard duration
308	permit issued upon a demonstration that the applicant has
309	implemented an approach, program, or remedial measures that is
310	effectively designed to prevent a recurrence of the non-
311	compliance. The agency shall also include a notification in its
312	notice of intended agency action following a determination of a
313	pattern of noncompliance that the permit could be revoked or an
314	application to renew the permit could be denied if the pattern
315	of noncompliance continues.
316	2. If, at the time of permit renewal following notice of a
317	determination of a pattern of noncompliance, the agency
318	determines that the applicant committed one or more relevant
319	violations enumerated in this paragraph resulting in a
320	continuing pattern of noncompliance, the agency shall deny the
321	permit application, and the applicant shall not be entitled to
322	apply for a permit for that regulated activity for a period of 6
323	months from the time a final order denying the permit has been
324	entered. This probationary and limited duration permit shall
325	cease and a standard duration permit issued upon a demonstration
326	that the applicant has implemented an approach, program, or
327	remedial measures that is effectively designed to prevent a
328	recurrence of the noncompliance.
329	(f) If the agency denies a permit application in
330	accordance with this subsection for a permit that includes
331	closure, post-closure, or corrective action requirements, the
332	agency may deny that portion of the permit authorizing operation
333	and may issue a permit that contains only the closure, post-
334	closure, or corrective action requirements and conditions.
335	(6) REPORTING FORM.--The department shall establish a
336	form, by rule, to be used for the purpose of implementing this
337	section. Every permit application subject to this section that
338	is submitted to the agency shall be accompanied by this
339	completed form in order to be considered complete. During the
340	permit review process, the information on the form shall be
341	updated by the applicant to reflect any changes until such time
342	as the agency takes final action on the application. The form
343	shall include the following:
344	(a) A section requiring every applicant to report the
345	relevant criminal history of the applicant, including the nature
346	of the offense, the date of the offense, the court having
347	jurisdiction in the case, the date of conviction or other
348	disposition, and the disposition of the offense.
349	(b) A section requiring every applicant which is a
350	business entity and which has not held an agency permit during 4
351	of the 5 years preceding submittal of the permit application to
352	identify those persons having legal or actual authority to
353	control the owner, operator, or permittee. The form may specify
354	categories of persons having such authority and other relevant
355	information that must be reported. The form may not require an
356	applicant to report violations or offenses that are not part of
357	the relevant compliance history specified in paragraph (4)(a).
358	(7) RULEMAKING.--In addition to the rulemaking necessary
359	to adopt the form identified in subsection (6), and to implement
360	the Tier 2 incentives of subsection (4), the department is
361	authorized, but not required, to adopt such other rules as are
362	necessary to implement this section, including rules providing
363	for appropriate public notice and comment.
364	(8) NOTIFICATION.--The agency is encouraged to work with
365	permittees and permit applicants prior to taking any of the
366	actions authorized under this section in order to encourage
367	compliance and avoid overly burdensome consequences of
368	noncompliance. In each case in which the agency initiates a
369	formal enforcement action and prior to implementing the
370	sanctions outlined in this section, the agency shall clearly and
371	specifically:
372	(a) Inform the alleged violator if the provisions of this
373	section have been triggered.
374	(b) Put the alleged violator on notice of the consequences
375	of the violations and the potential consequences of continuing
376	noncompliance.
377	(9) EXISTING AUTHORITY.--Nothing in this section shall be
378	construed to limit the agency’s existing authority to consider
379	factors other than an applicant’s compliance history, such as
380	the technical merits of the proposed project or the applicant’s
381	financial and human resources, when determining whether the
382	applicant has provided the reasonable assurance necessary to
383	receive the requested permit.
384	(10) INAPPLICABLE TO GENERAL PERMITS.--This section shall
385	not apply to general permits issued in accordance with s.
386	403.814. However, the agency may continue to use its existing
387	authority to consider the compliance history of those wishing to
388	use general permits.
389	Section 2. Subsection (5) of section 403.087, Florida
390	Statutes, is amended to read:
391	403.087 Permits; general issuance; denial; revocation;
392	prohibition; penalty.--
393	(5) The department shall issue permits to construct,
394	operate, maintain, expand, or modify an installation which may
395	reasonably be expected to be a source of pollution only if the
396	applicant affirmatively provides the department with reasonable
397	assurance that the proposed activity and applicant will comply
398	with department rules, laws, orders, and permit conditionswhen
399	it determines that the installation is provided or equipped with
400	pollution control facilities that will abate or prevent
401	pollution to the degree that will comply with the standards or
402	rules adopted by the department, except as provided in s.
403	403.088 or s. 403.0872. The compliance history of the applicant
404	shall be one factor that the department shall consider in
405	determining whether the applicant has provided such reasonable
406	assurance.However, separate construction permits shall not be
407	required for installations permitted under s. 403.0885, except
408	that the department may require an owner or operator proposing
409	to construct, expand, or modify such an installation to submit
410	for department review, as part of application for permit or
411	permit modification, engineering plans, preliminary design
412	reports, or other information 90 days prior to commencing
413	construction. The department may also require the engineer of
414	record or another registered professional engineer, within 30
415	days after construction is complete, to certify that the
416	construction was completed in accordance with the plans
417	submitted to the department, noting minor deviations which were
418	necessary because of site-specific conditions.
419	Section 3. Subsection (2) of section 403.0872, Florida
420	Statutes, is amended to read:
421	403.0872 Operation permits for major sources of air
422	pollution; annual operation license fee.--Provided that program
423	approval pursuant to 42 U.S.C. s. 7661a has been received from
424	the United States Environmental Protection Agency, beginning
425	January 2, 1995, each major source of air pollution, including
426	electrical power plants certified under s. 403.511, must obtain
427	from the department an operation permit for a major source of
428	air pollution under this section. This operation permit is the
429	only department operation permit for a major source of air
430	pollution required for such source; provided, at the applicant's
431	request, the department shall issue a separate acid rain permit
432	for a major source of air pollution that is an affected source
433	within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
434	for major sources of air pollution, except general permits
435	issued pursuant to s. 403.814, must be issued in accordance with
436	the procedures contained in this section and in accordance with
437	chapter 120; however, to the extent that chapter 120 is
438	inconsistent with the provisions of this section, the procedures
439	contained in this section prevail.
440	(2) An application for an operation permit for a major
441	source of air pollution must be submitted in accordance with
442	rules of the department governing permit applications. The
443	department shall adopt rules defining the timing, content, and
444	distribution of an application for a permit under this section.
445	A permit application processing fee is not required. The
446	department may issue an operation permit for a major source of
447	air pollution only if the applicant affirmatively provides the
448	department with reasonable assurance that the proposed activity
449	and applicant are in compliance with and will continue to comply
450	with department rules, laws, orders, and permit conditionswhen
451	it has reasonable assurance that the source applies pollution
452	control technology, including fuel or raw material selection,
453	necessary to enable it to comply with the standards or rules
454	adopted by the department or the permit containsan approved
455	compliance plan that provides such reasonable assurancefor that
456	source. The compliance history of the applicant shall be one
457	factor that the department shall consider in determining whether
458	the applicant has provided such reasonable assurance.If two or
459	more major air pollution sources that belong to the same Major
460	Group as described in the Standard Industrial Classification
461	Manual, 1987, are operated at a single site, the owner may elect
462	to receive a single operation permit covering all such sources
463	at the site.
464	(a) An application for a permit under this section is
465	timely and complete if it is submitted in accordance with
466	department rules governing the timing of applications and
467	substantially addresses the information specified in
468	completeness criteria determined by department rule in
469	accordance with applicable regulations of the United States
470	Environmental Protection Agency governing the contents of
471	applications for permits under 42 U.S.C. s. 7661b(d). Unless the
472	department requests additional information or otherwise notifies
473	the applicant of incompleteness within 60 days after receipt of
474	an application, the application is complete.
475	(b) Any permitted air pollution source that submits a
476	timely and complete application for a permit under this section
477	is entitled to operate in compliance with its existing air
478	permit pending the conclusion of proceedings associated with its
479	application. Notwithstanding the timing requirements of
480	paragraph (c) and subsection (3), the department may process
481	applications received during the first year of permit processing
482	under this section, in a manner consistent with 42 U.S.C. s.
483	7661b(c).
484	(c) The department may request additional information
485	necessary to process a permit application subsequent to a
486	determination of completeness in accordance with s. 403.0876(1).
487	Section 4. Paragraph (b) of subsection (2) of section
488	403.088, Florida Statutes, is amended to read:
489	403.088 Water pollution operation permits; conditions.--
490	(2)
491	(b) The department may issue a permit only if the
492	applicant affirmatively provides the department with reasonable
493	assurance that the proposed activity and applicant will comply
494	with department rules, laws, orders, and permit conditions. The
495	compliance history of the applicant shall be one factor that the
496	department shall consider in determining whether the applicant
497	has provided such reasonable assurance.If the department finds
498	that the proposed discharge will reduce the quality of the
499	receiving waters below the classification established for them,
500	it shall deny the application and refuse to issue a permit. If
501	the department finds that the proposed discharge will not reduce
502	the quality of the receiving waters below the classification
503	established for them, it may issue an operation permit if it
504	finds that such degradation is necessary or desirable under
505	federal standards and under circumstances which are clearly in
506	the public interest.
507	Section 5. Paragraph (b) of subsection (17) of section
508	403.703, Florida Statutes, is amended to read:
509	403.703 Definitions.--As used in this act, unless the
510	context clearly indicates otherwise, the term:
511	(17) "Construction and demolition debris" means discarded
512	materials generally considered to be not water-soluble and
513	nonhazardous in nature, including, but not limited to, steel,
514	glass, brick, concrete, asphalt roofing material, pipe, gypsum
515	wallboard, and lumber, from the construction or destruction of a
516	structure as part of a construction or demolition project or
517	from the renovation of a structure, and including rocks, soils,
518	tree remains, trees, and other vegetative matter that normally
519	results from land clearing or land development operations for a
520	construction project, including such debris from construction of
521	structures at a site remote from the construction or demolition
522	project site. Mixing of construction and demolition debris with
523	other types of solid waste will cause it to be classified as
524	other than construction and demolition debris. The term also
525	includes:
526	(b) Except as provided in s. 403.707(11)(12)(j),
527	unpainted, nontreated wood scraps from facilities manufacturing
528	materials used for construction of structures or their
529	components and unpainted, nontreated wood pallets provided the
530	wood scraps and pallets are separated from other solid waste
531	where generated and the generator of such wood scraps or pallets
532	implements reasonable practices of the generating industry to
533	minimize the commingling of wood scraps or pallets with other
534	solid waste; and
535	Section 6. Subsection (8) of section 403.707, Florida
536	Statutes, is amended, and subsections (9)–(16) are renumbered as
537	subsections (8)-(15), respectively, to read:
538	403.707 Permits.--
539	(8) The department may refuse to issue a permit to an
540	applicant who by past conduct in this state has repeatedly
541	violated pertinent statutes, rules, or orders or permit terms or
542	conditions relating to any solid waste management facility and
543	who is deemed to be irresponsible as defined by department rule.
544	For the purposes of this subsection, an applicant includes the
545	owner or operator of the facility, or if the owner or operator
546	is a business entity, a parent of a subsidiary corporation, a
547	partner, a corporate officer or director, or a stockholder
548	holding more than 50 percent of the stock of the corporation.
549	Section 7. Subsection (6) is added to section 373.413,
550	Florida Statutes, to read:
551	373.413 Permits for construction or alteration.--
552	(6) The provisions of s. 403.0874, the Performance-based
553	Permitting Program, shall apply to individual and conceptual
554	permits issued under this part.
555	Section 8. Subsection (5) is added to section 161.041,
556	Florida Statutes, to read:
557	161.041 Permits required.--
558	(5) The provisions of s. 403.0874, the Performance-based
559	Permitting Program, shall apply to all permits issued under this
560	chapter.
561	Section 9. This act shall take effect January 1, 2004.