Amendment
Bill No. 7133

Amendment No. 389751

CHAMBER ACTION
Senate		House
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1	Representative Sands offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (4) of section 403.413, Florida
6	Statutes, is amended to read:
7	403.413  Florida Litter Law.--
8	(4)  DUMPING LITTER PROHIBITED.--Unless otherwise
9	authorized by law or permit, it is unlawful for any person to
10	dump litter in any manner or amount:
11	(a)  In or on any public highway, road, street, alley, or
12	thoroughfare, including any portion of the right-of-way thereof,
13	or any other public lands, except in containers or areas
14	lawfully provided therefor.  When any litter is thrown or
15	discarded from a motor vehicle, the operator or owner of the
16	motor vehicle, or both, shall be deemed in violation of this
17	section;
18	(b)  In or on any freshwater lake, river, canal, or stream
19	or tidal or coastal water of the state, including canals.  When
20	any litter is thrown or discarded from a boat, the operator or
21	owner of the boat, or both, shall be deemed in violation of this
22	section; or
23	(c)  In or on any private property, unless prior consent of
24	the owner has been given and unless the dumping of such litter
25	by such person will not cause a public nuisance or otherwise be
26	in violation of any other state or local law, rule, or
27	regulation.
28	Section 2.  Section 403.4131, Florida Statutes, is amended
29	to read:
30	403.4131  Litter control "Keep Florida Beautiful,
31	Incorporated"; placement of signs.--
32	(1)  It is the intent of the Legislature that a coordinated
33	effort of interested businesses, environmental and civic
34	organizations, and state and local agencies of government be
35	developed to plan for and assist in implementing solutions to
36	the litter and solid waste problems in this state and that the
37	state provide financial assistance for the establishment of a
38	nonprofit organization with the name of "Keep Florida Beautiful,
39	Incorporated," which shall be registered, incorporated, and
40	operated in compliance with chapter 617.  This nonprofit
41	organization shall coordinate the statewide campaign and operate
42	as the grassroots arm of the state's effort and shall serve as
43	an umbrella organization for volunteer-based community programs.
44	The organization shall be dedicated to helping Florida and its
45	local communities solve solid waste problems, to developing and
46	implementing a sustained litter prevention campaign, and to act
47	as a working public-private partnership in helping to implement
48	the state's Solid Waste Management Act. As part of this effort,
49	Keep Florida Beautiful, Incorporated, in cooperation with the
50	Environmental Education Foundation, shall strive to educate
51	citizens, visitors, and businesses about the important
52	relationship between the state's environment and economy.  Keep
53	Florida Beautiful, Incorporated, is encouraged to explore and
54	identify economic incentives to improve environmental
55	initiatives in the area of solid waste management. The
56	membership of the board of directors of this nonprofit
57	organization may include representatives of the following
58	organizations: the Florida League of Cities, the Florida
59	Association of Counties, the Governor's Office, the Florida
60	Chapter of the National Solid Waste Management Association, the
61	Florida Recyclers Association, the Center for Marine
62	Conservation, Chapter of the Sierra Club, the Associated
63	Industries of Florida, the Florida Soft Drink Association, the
64	Florida Petroleum Council, the Retail Grocers Association of
65	Florida, the Florida Retail Federation, the Pulp and Paper
66	Association, the Florida Automobile Dealers Association, the
67	Beer Industries of Florida, the Florida Beer Wholesalers
68	Association, and the Distilled Spirits Wholesalers.
69	(2)  As a partner working with government, business, civic,
70	environmental, and other organizations, Keep Florida Beautiful,
71	Incorporated, shall strive to assist the state and its local
72	communities by contracting for the development of a highly
73	visible antilitter campaign that, at a minimum, includes:
74	(a)  Coordinating with the Center for Marine Conservation
75	and the Center for Solid and Hazardous Waste Management to
76	identify components of the marine debris and litter stream and
77	groups that habitually litter.
78	(b)  Designing appropriate advertising to promote the
79	proper management of solid waste, with emphasis on educating
80	groups that habitually litter.
81	(c)  Fostering public awareness and striving to build an
82	environmental ethic in this state through the development of
83	educational programs that result in an understanding and in
84	action on the part of individuals and organizations about the
85	role they must play in preventing litter and protecting
86	Florida's environment.
87	(d)  Developing educational programs and materials that
88	promote the proper management of solid waste, including the
89	proper disposal of litter.
90	(e)  Administering grants provided by the state.  Grants
91	authorized under this section shall be subject to normal
92	department audit procedures and review.
93	(1)(3)  The Department of Transportation shall establish an
94	"adopt-a-highway" program to allow local organizations to be
95	identified with specific highway cleanup and highway
96	beautification projects authorized under s. 339.2405 and shall
97	coordinate such efforts with Keep Florida Beautiful, Inc.  The
98	department shall report to the Governor and the Legislature on
99	the progress achieved and the savings incurred by the "adopt-a-
100	highway" program.  The department shall also monitor and report
101	on compliance with provisions of the adopt-a-highway program to
102	ensure that organizations that participate in the program comply
103	with the goals identified by the department.
104	(2)(4)  The Department of Transportation shall place signs
105	discouraging litter at all off-ramps of the interstate highway
106	system in the state.  The department shall place other highway
107	signs as necessary to discourage littering through use of the
108	antilitter program developed by Keep Florida Beautiful,
109	Incorporated.
110	(3)(5)  Each county is encouraged to initiate a litter
111	control and prevention program or to expand upon its existing
112	program.  The department shall establish a system of grants for
113	municipalities and counties to implement litter control and
114	prevention programs.  In addition to the activities described in
115	subsection (1), such grants shall at a minimum be used for
116	litter cleanup, grassroots educational programs involving litter
117	removal and prevention, and the placement of litter and
118	recycling receptacles. Counties are encouraged to form working
119	public private partnerships as authorized under this section to
120	implement litter control and prevention programs at the
121	community level. The grants authorized pursuant to this section
122	shall be incorporated as part of the recycling and education
123	grants. Counties that have a population under 100,000 75,000 are
124	encouraged to develop a regional approach to administering and
125	coordinating their litter control and prevention programs.
126	(6)  The department may contract with Keep Florida
127	Beautiful, Incorporated, to help carry out the provisions of
128	this section.  All contracts authorized under this section are
129	subject to normal department audit procedures and review.
130	(7)  In order to establish continuity for the statewide
131	program, those local governments and community programs
132	receiving grants for litter prevention and control must use the
133	official State of Florida litter control or campaign symbol
134	adopted by Keep Florida Beautiful, Incorporated, for use on
135	various receptacles and program material.
136	(8)  The Legislature establishes a litter reduction goal of
137	50 percent reduction from the period January 1, 1994, to January
138	1, 1997.  The method of determination used to measure the
139	reduction in litter is the survey conducted by the Center for
140	Solid and Hazardous Waste Management.  The center shall consider
141	existing litter survey methodologies.
142	(9)  The Department of Environmental Protection shall
143	contract with the Center for Solid and Hazardous Waste
144	Management for an ongoing annual litter survey, the first of
145	which is to be conducted by January 1, 1994. The center shall
146	appoint a broad-based work group not to exceed seven members to
147	assist in the development and implementation of the survey.
148	Representatives from the university system, business,
149	government, and the environmental community shall be considered
150	by the center to serve on the work group. Final authority on
151	implementing and conducting the survey rests with the center.
152	The first survey is to be designed to serve as a baseline by
153	measuring the amount of current litter and marine debris, and is
154	to include a methodology for measuring the reduction in the
155	amount of litter and marine debris to determine the progress
156	toward the litter reduction goal established in subsection (8).
157	Annually thereafter, additional surveys are to be conducted and
158	must also include a methodology for measuring the reduction in
159	the amount of litter and for determining progress toward the
160	litter reduction goal established in subsection (8).
161	(10)(a)  There is created within Keep Florida Beautiful,
162	Inc., the Wildflower Advisory Council, consisting of a maximum
163	of nine members to direct and oversee the expenditure of the
164	Wildflower Account. The Wildflower Advisory Council shall
165	include a representative from the University of Florida
166	Institute of Food and Agricultural Sciences, the Florida
167	Department of Transportation, and the Florida Department of
168	Environmental Protection, the Florida League of Cities, and the
169	Florida Association of Counties. Other members of the committee
170	may include representatives from the Florida Federation of
171	Garden Clubs, Inc., Think Beauty Foundation, the Florida Chapter
172	of the American Society of Landscape Architects, Inc., and a
173	representative of the Master Gardener's Program.
174	(b)  The Wildflower Advisory Council shall develop
175	procedures of operation, research contracts, educational
176	programs, and wildflower planting grants for Florida native
177	wildflowers, plants, and grasses. The council shall also make
178	the final determination of what constitutes acceptable species
179	of wildflowers and other plantings supported by these programs.
180	Section 3.  Section 403.41315, Florida Statutes, is amended
181	to read:
182	403.41315  Comprehensive illegal dumping, litter, and
183	marine debris control and prevention.--
184	(1)  The Legislature finds that a comprehensive illegal
185	dumping, litter, and marine debris control and prevention
186	program is necessary to protect the beauty and the environment
187	of Florida. The Legislature also recognizes that a comprehensive
188	illegal dumping, litter, and marine debris control and
189	prevention program will have a positive effect on the state's
190	economy.  The Legislature finds that the state's rapid
191	population growth, the ever-increasing mobility of its
192	population, and the large number of tourists contribute to the
193	need for a comprehensive illegal dumping, litter, and marine
194	debris control and prevention program. The Legislature further
195	finds that the program must be coordinated and capable of having
196	statewide identity and grassroots community support.
197	(2)  The comprehensive illegal dumping, litter, and marine
198	debris control and prevention program at a minimum must include
199	the following:
200	(a)  A local statewide public awareness and educational
201	campaign, coordinated by Keep Florida Beautiful, Incorporated,
202	to educate individuals, government, businesses, and other
203	organizations concerning the role they must assume in preventing
204	and controlling litter.
205	(b)  Enforcement provisions authorized under s. 403.413.
206	(c)  Enforcement officers whose responsibilities include
207	grassroots education along with enforcing litter and illegal
208	dumping violations.
209	(d)  Local illegal dumping, litter, and marine debris
210	control and prevention programs operated at the county level
211	with emphasis placed on grassroots educational programs designed
212	to prevent and remove litter and marine debris.
213	(e)  A statewide adopt-a-highway program as authorized
214	under s. 403.4131.
215	(f)  The highway beautification program authorized under s.
216	339.2405.
217	(g)  A statewide Adopt-a-Shore program that includes beach,
218	river, and lake shorelines and emphasizes litter and marine
219	debris cleanup and prevention.
220	(h)  The prohibition of balloon releases as authorized
221	under s. 372.995.
222	(i)  The placement of approved identifiable litter and
223	recycling receptacles.
224	(j)  Other educational programs that are implemented at the
225	grassroots level coordinated through Keep Florida Beautiful,
226	Inc., involving volunteers and community programs that clean up
227	and prevent litter, including Youth Conservation Corps
228	activities.
229	Section 4.  Section 403.4133, Florida Statutes, is amended
230	to read:
231	403.4133  Adopt-a-Shore Program.--
232	(1)  The Legislature finds that litter and illegal dumping
233	present a threat to the state's wildlife, environment, and
234	shorelines.  The Legislature further finds that public awareness
235	and education will assist in preventing litter from being
236	illegally deposited along the state's shorelines.
237	(2)  The Adopt-a-Shore Program shall be created within the
238	Department of Environmental Protection nonprofit organization
239	referred to in s. 403.4131(1), named Keep Florida Beautiful,
240	Incorporated.  The program shall be designed to educate the
241	state's citizens and visitors about the importance of litter
242	prevention and shall include approaches and techniques to remove
243	litter from the state's shorelines.
244	(3)  For the purposes of this section, the term "shoreline"
245	includes, but is not limited to, beaches, rivershores, and
246	lakeshores.
247	Section 5.  Subsection (28) of section 320.08058, Florida
248	Statutes, is amended to read:
249	320.08058  Specialty license plates.--
250	(28)  FLORIDA WILDFLOWER LICENSE PLATES.--
251	(a)  The department shall develop a Florida Wildflower
252	license plate as provided in this section. The word "Florida"
253	must appear at the top of the plate, and the words "State
254	Wildflower" and "coreopsis" must appear at the bottom of the
255	plate.
256	(b)  The annual use fees shall be distributed to the
257	Wildflower Foundation, Inc., a nonprofit corporation under s.
258	501(c)(3) of the Internal Revenue Code Wildflower Account
259	established by Keep Florida Beautiful, Inc., created by s.
260	403.4131. The proceeds must be used to establish native Florida
261	wildflower research programs, wildflower educational programs,
262	and wildflower grant programs to municipal, county, and
263	community-based groups in this state.
264	1.  The Wildflower Foundation, Inc., shall develop
265	procedures of operation, research contracts, education and
266	marketing programs, and wildflower-planting grants for Florida
267	native wildflowers, plants, and grasses.
268	2.  A maximum of 15 10 percent of the proceeds from the
269	sale of such plates may be used for administrative and marketing
270	costs.
271	3.  In the event the Wildflower Foundation, Inc., ceases to
272	be an active nonprofit corporation under s. 501(c)(3) of the
273	Internal Revenue Code, the proceeds from the annual use fee
274	shall be deposited into the General Inspection Trust Fund
275	created within the Department of Agriculture and Consumer
276	Services. Any funds held by the Wildflower Foundation, Inc.,
277	must be promptly transferred to the General Inspection Trust
278	Fund. The Department of Agriculture and Consumer Services shall
279	use and administer the proceeds from the use fee in the manner
280	specified in this subsection.
281	Section 6.  Section 403.703, Florida Statutes, is amended
282	to read:
283	(Substantial rewording of section. See
284	s. 403.703, F.S., for present text.)
285	403.703  Definitions.--As used in this part, the term:
286	(1)  "Ash residue" has the same meaning as in the
287	department rule governing solid waste combustors which defines
288	the term.
289	(2)  "Biomedical waste" means any solid waste or liquid
290	waste that may present a threat of infection to humans. The term
291	includes, but is not limited to, nonliquid human tissue and body
292	parts; laboratory and veterinary waste that contains human-
293	disease-causing agents; discarded disposable sharps; human blood
294	and human blood products and body fluids; and other materials
295	that in the opinion of the Department of Health represent a
296	significant risk of infection to persons outside the generating
297	facility. The term does not include human remains that are
298	disposed of by persons licensed under chapter 497.
299	(3)  "Biological waste" means solid waste that causes or
300	has the capability of causing disease or infection and includes,
301	but is not limited to, biomedical waste, diseased or dead
302	animals, and other wastes capable of transmitting pathogens to
303	humans or animals. The term does not include human remains that
304	are disposed of by persons licensed under chapter 497.
305	(4)  "Clean debris" means any solid waste that is virtually
306	inert, that is not a pollution threat to groundwater or surface
307	waters, that is not a fire hazard, and that is likely to retain
308	its physical and chemical structure under expected conditions of
309	disposal or use. The term includes uncontaminated concrete,
310	including embedded pipe or steel, brick, glass, ceramics, and
311	other wastes designated by the department.
312	(5)  "Closure" means the cessation of operation of a solid
313	waste management facility and the act of securing such facility
314	so that it will pose no significant threat to human health or
315	the environment and includes long-term monitoring and
316	maintenance of a facility if required by department rule.
317	(6)  "Construction and demolition debris" means discarded
318	materials generally considered to be not water-soluble and
319	nonhazardous in nature, including, but not limited to, steel,
320	glass, brick, concrete, asphalt roofing material, pipe, gypsum
321	wallboard, and lumber, from the construction or destruction of a
322	structure as part of a construction or demolition project or
323	from the renovation of a structure, and includes rocks, soils,
324	tree remains, trees, and other vegetative matter that normally
325	results from land clearing or land-development operations for a
326	construction project, including such debris from construction of
327	structures at a site remote from the construction or demolition
328	project site. Mixing of construction and demolition debris with
329	other types of solid waste will cause the resulting mixture to
330	be classified as other than construction and demolition debris.
331	The term also includes:
332	(a)  Clean cardboard, paper, plastic, wood, and metal
333	scraps from a construction project;
334	(b)  Except as provided in s. 403.707(9)(j), yard trash and
335	unpainted, nontreated wood scraps and wood pallets from sources
336	other than construction or demolition projects;
337	(c)  Scrap from manufacturing facilities which is the type
338	of material generally used in construction projects and which
339	would meet the definition of construction and demolition debris
340	if it were generated as part of a construction or demolition
341	project. This includes debris from the construction of
342	manufactured homes and scrap shingles, wallboard, siding
343	concrete, and similar materials from industrial or commercial
344	facilities; and
345	(d)  De minimis amounts of other nonhazardous wastes that
346	are generated at construction or destruction projects, provided
347	such amounts are consistent with best management practices of
348	the industry.
349	(7)  "County," or any like term, means a political
350	subdivision of the state established pursuant to s. 1, Art. VIII
351	of the State Constitution and, when s. 403.706(19) applies,
352	means a special district or other entity.
353	(8)  "Department" means the Department of Environmental
354	Protection or any successor agency performing a like function.
355	(9)  "Disposal" means the discharge, deposit, injection,
356	dumping, spilling, leaking, or placing of any solid waste or
357	hazardous waste into or upon any land or water so that such
358	solid waste or hazardous waste or any constituent thereof may
359	enter other lands or be emitted into the air or discharged into
360	any waters, including groundwaters, or otherwise enter the
361	environment.
362	(10)  "Generation" means the act or process of producing
363	solid or hazardous waste.
364	(11)  "Guarantor" means any person, other than the owner or
365	operator, who provides evidence of financial responsibility for
366	an owner or operator under this part.
367	(12)  "Hazardous substance" means any substance that is
368	defined as a hazardous substance in the United States
369	Comprehensive Environmental Response, Compensation, and
370	Liability Act of 1980, 94 Stat. 2767.
371	(13)  "Hazardous waste" means solid waste, or a combination
372	of solid wastes, which, because of its quantity, concentration,
373	or physical, chemical, or infectious characteristics, may cause,
374	or significantly contribute to, an increase in mortality or an
375	increase in serious irreversible or incapacitating reversible
376	illness or may pose a substantial present or potential hazard to
377	human health or the environment when improperly transported,
378	disposed of, stored, treated, or otherwise managed. The term
379	does not include human remains that are disposed of by persons
380	licensed under chapter 497.
381	(14)  "Hazardous waste facility" means any building, site,
382	structure, or equipment at or by which hazardous waste is
383	disposed of, stored, or treated.
384	(15)  "Hazardous waste management" means the systematic
385	control of the collection, source separation, storage,
386	transportation, processing, treatment, recovery, recycling, and
387	disposal of hazardous wastes.
388	(16)  "Land disposal" means any placement of hazardous
389	waste in or on the land and includes, but is not limited to,
390	placement in a landfill, surface impoundment, waste pile,
391	injection well, land treatment facility, salt bed formation,
392	salt dome formation, or underground mine or cave, or placement
393	in a concrete vault or bunker intended for disposal purposes.
394	(17)  "Landfill" means any solid waste land disposal area
395	for which a permit, other than a general permit, is required by
396	s. 403.707 and which receives solid waste for disposal in or
397	upon land. The term does not include a land-spreading site, an
398	injection well, a surface impoundment, or a facility for the
399	disposal of construction and demolition debris.
400	(18)  "Manifest" means the recordkeeping system used for
401	identifying the concentration, quantity, composition, origin,
402	routing, and destination of hazardous waste during its
403	transportation from the point of generation to the point of
404	disposal, storage, or treatment.
405	(19)  "Materials-recovery facility" means a solid waste
406	management facility that provides for the extraction from solid
407	waste of recyclable materials, materials suitable for use as a
408	fuel or soil amendment, or any combination of such materials.
409	(20)  "Municipality," or any like term, means a
410	municipality created pursuant to general or special law
411	authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
412	the State Constitution and, when s. 403.706(19) applies, means a
413	special district or other entity.
414	(21)  "Operation," with respect to any solid waste
415	management facility, means the disposal, storage, or processing
416	of solid waste at and by the facility.
417	(22)  "Person" means any and all persons, natural or
418	artificial, including any individual, firm, or association; any
419	municipal or private corporation organized or existing under the
420	laws of this state or any other state; any county of this state;
421	and any governmental agency of this state or the Federal
422	Government.
423	(23)  "Processing" means any technique designed to change
424	the physical, chemical, or biological character or composition
425	of any solid waste so as to render it safe for transport;
426	amenable to recovery, storage, or recycling; safe for disposal;
427	or reduced in volume or concentration.
428	(24)  "Recovered materials" means metal, paper, glass,
429	plastic, textile, or rubber materials that have known recycling
430	potential, can be feasibly recycled, and have been diverted and
431	source separated or have been removed from the solid waste
432	stream for sale, use, or reuse as raw materials, whether or not
433	the materials require subsequent processing or separation from
434	each other, but the term does not include materials destined for
435	any use that constitutes disposal.  Recovered materials as
436	described in this subsection are not solid waste.
437	(25)  "Recovered materials processing facility" means a
438	facility engaged solely in the storage, processing, resale, or
439	reuse of recovered materials. Such a facility is not a solid
440	waste management facility if it meets the conditions of s.
441	403.7045(1)(e).
442	(26)  "Recyclable material" means those materials that are
443	capable of being recycled and that would otherwise be processed
444	or disposed of as solid waste.
445	(27)  "Recycling" means any process by which solid waste,
446	or materials that would otherwise become solid waste, are
447	collected, separated, or processed and reused or returned to use
448	in the form of raw materials or products.
449	(28)  "Resource recovery" means the process of recovering
450	materials or energy from solid waste, excluding those materials
451	or solid waste under the control of the Nuclear Regulatory
452	Commission.
453	(29)  "Resource recovery equipment" means equipment or
454	machinery exclusively and integrally used in the actual process
455	of recovering material or energy resources from solid waste.
456	(30)  "Sludge" includes the accumulated solids, residues,
457	and precipitates generated as a result of waste treatment or
458	processing, including wastewater treatment, water-supply
459	treatment, or operation of an air pollution control facility,
460	and mixed liquids and solids pumped from septic tanks, grease
461	traps, privies, or similar waste disposal appurtenances.
462	(31)  "Special wastes" means solid wastes that can require
463	special handling and management, including, but not limited to,
464	white goods, waste tires, used oil, lead-acid batteries,
465	construction and demolition debris, ash residue, yard trash, and
466	biological wastes.
467	(32)  "Solid waste" means sludge unregulated under the
468	federal Clean Water Act or Clean Air Act, sludge from a waste
469	treatment works, water supply treatment plant, or air pollution
470	control facility, or garbage, rubbish, refuse, special waste, or
471	other discarded material, including solid, liquid, semisolid, or
472	contained gaseous material resulting from domestic, industrial,
473	commercial, mining, agricultural, or governmental operations.
474	Recovered materials as defined in subsection (24) are not solid
475	waste.
476	(33)  "Solid waste disposal facility" means any solid waste
477	management facility that is the final resting place for solid
478	waste, including landfills and incineration facilities that
479	produce ash from the process of incinerating municipal solid
480	waste.
481	(34)  "Solid waste management" means the process by which
482	solid waste is collected, transported, stored, separated,
483	processed, or disposed of in any other way according to an
484	orderly, purposeful, and planned program, which includes
485	closure.
486	(35)  "Solid waste management facility" means any solid
487	waste disposal area, volume-reduction plant, transfer station,
488	materials-recovery facility, or other facility, the purpose of
489	which is resource recovery or the disposal, recycling,
490	processing, or storage of solid waste.  The term does not
491	include recovered materials processing facilities that meet the
492	requirements of s. 403.7046, except the portion of such
493	facilities, if any, which is used for the management of solid
494	waste.
495	(36)  "Source separated" means that the recovered materials
496	are separated from solid waste at the location where the
497	recovered materials and solid waste are generated. The term does
498	not require that various types of recovered materials be
499	separated from each other, and recognizes de minimis solid
500	waste, in accordance with industry standards and practices, may
501	be included in the recovered materials. Materials are not
502	considered source-separated when two or more types of recovered
503	materials are deposited in combination with each other in a
504	commercial collection container located where the materials are
505	generated and when such materials contain more than 10 percent
506	solid waste by volume or weight. For purposes of this
507	subsection, the term "various types of recovered materials"
508	means metals, paper, glass, plastic, textiles, and rubber.
509	(37)  "Storage" means the containment or holding of a
510	hazardous waste, either on a temporary basis or for a period of
511	years, in such a manner as not to constitute disposal of such
512	hazardous waste.
513	(38)  "Transfer station" means a site the primary purpose
514	of which is to store or hold solid waste for transport to a
515	processing or disposal facility.
516	(39)  "Transport" means the movement of hazardous waste
517	from the point of generation or point of entry into the state to
518	any offsite intermediate points and to the point of offsite
519	ultimate disposal, storage, treatment, or exit from the state.
520	(40)  "Treatment," when used in connection with hazardous
521	waste, means any method, technique, or process, including
522	neutralization, which is designed to change the physical,
523	chemical, or biological character or composition of any
524	hazardous waste so as to neutralize it or render it
525	nonhazardous, safe for transport, amenable to recovery, amenable
526	to storage or disposal, or reduced in volume or concentration.
527	The term includes any activity or processing that is designed to
528	change the physical form or chemical composition of hazardous
529	waste so as to render it nonhazardous.
530	(41)  "Volume-reduction plant" includes incinerators,
531	pulverizers, compactors, shredding and baling plants, composting
532	plants, and other plants that accept and process solid waste for
533	recycling or disposal.
534	(42)  "White goods" includes discarded air conditioners,
535	heaters, refrigerators, ranges, water heaters, freezers, and
536	other similar domestic and commercial large appliances.
537	(43)  "Yard trash" means vegetative matter resulting from
538	landscaping maintenance and land clearing operations and
539	includes associated rocks and soils.
540	Section 7.  Subsection (69) of section 316.003, Florida
541	Statutes, is amended to read:
542	316.003  Definitions.--The following words and phrases,
543	when used in this chapter, shall have the meanings respectively
544	ascribed to them in this section, except where the context
545	otherwise requires:
546	(69)  HAZARDOUS MATERIAL.--Any substance or material which
547	has been determined by the secretary of the United States
548	Department of Transportation to be capable of imposing an
549	unreasonable risk to health, safety, and property. This term
550	includes hazardous waste as defined in s. 403.703(13) s.
551	403.703(21).
552	Section 8.  Paragraph (f) of subsection (2) of section
553	377.709, Florida Statutes, is amended to read:
554	377.709  Funding by electric utilities of local
555	governmental solid waste facilities that generate electricity.--
556	(2)  DEFINITIONS.--As used in this section, the term:
557	(f)  "Solid waste facility" means a facility owned or
558	operated by, or on behalf of, a local government for the purpose
559	of disposing of solid waste, as that term is defined in s.
560	403.703(31) s. 403.703(13), by any process that produces heat
561	and incorporates, as a part of the facility, the means of
562	converting heat to electrical energy in amounts greater than
563	actually required for the operation of the facility.
564	Section 9.  Subsection (1) of section 487.048, Florida
565	Statutes, is amended to read:
566	487.048  Dealer's license; records.--
567	(1)  Each person holding or offering for sale, selling, or
568	distributing restricted-use pesticides shall obtain a dealer's
569	license from the department. Application for the license shall
570	be made on a form prescribed by the department. The license must
571	be obtained before entering into business or transferring
572	ownership of a business. The department may require examination
573	or other proof of competency of individuals to whom licenses are
574	issued or of individuals employed by persons to whom licenses
575	are issued. Demonstration of continued competency may be
576	required for license renewal, as set by rule. The license shall
577	be renewed annually as provided by rule. An annual license fee
578	not exceeding $250 shall be established by rule. However, a user
579	of a restricted-use pesticide may distribute unopened containers
580	of a properly labeled pesticide to another user who is legally
581	entitled to use that restricted-use pesticide without obtaining
582	a pesticide dealer's license. The exclusive purpose of
583	distribution of the restricted-use pesticide is to keep it from
584	becoming a hazardous waste as defined in s. 403.703(13) s.
585	403.703(21).
586	Section 10.  Section 403.704, Florida Statutes, is amended
587	to read:
588	403.704  Powers and duties of the department.--The
589	department shall have responsibility for the implementation and
590	enforcement of the provisions of this act. In addition to other
591	powers and duties, the department shall:
592	(1)  Develop and implement, in consultation with local
593	governments, a state solid waste management program, as defined
594	in s. 403.705, and update the program at least every 3 years.
595	In developing rules to implement the state solid waste
596	management program, the department shall hold public hearings
597	around the state and shall give notice of such public hearings
598	to all local governments and regional planning agencies.
599	(2)  Provide technical assistance to counties,
600	municipalities, and other persons, and cooperate with
601	appropriate federal agencies and private organizations in
602	carrying out the provisions of this act.
603	(3)  Promote the planning and application of recycling and
604	resource recovery systems which preserve and enhance the quality
605	of the air, water, and other natural resources of the state and
606	assist in and encourage, where appropriate, the development of
607	regional solid waste management facilities.
608	(4)  Serve as the official state representative for all
609	purposes of the federal Solid Waste Disposal Act, as amended by
610	Pub. L. No. 91-512, or as subsequently amended.
611	(5)  Use private industry or the State University System
612	through contractual arrangements for implementation of some or
613	all of the requirements of the state solid waste management
614	program and for such other activities as may be considered
615	necessary, desirable, or convenient.
616	(6)  Encourage recycling and resource recovery as a source
617	of energy and materials.
618	(7)  Assist in and encourage, as much as possible, the
619	development within the state of industries and commercial
620	enterprises which are based upon resource recovery, recycling,
621	and reuse of solid waste.
622	(8)  Charge reasonable fees for any services it performs
623	pursuant to this act, provided user fees shall apply uniformly
624	within each municipality or county to all users who are provided
625	with solid waste management services.
626	(9)  Acquire, at its discretion, personal or real property
627	or any interest therein by gift, lease, or purchase for the
628	purpose of providing sites for solid waste management
629	facilities.
630	(10)  Acquire, construct, reconstruct, improve, maintain,
631	equip, furnish, and operate, at its discretion, such solid waste
632	management facilities as are called for by the state solid waste
633	management program.
634	(11)  Receive funds or revenues from the sale of products,
635	materials, fuels, or energy in any form derived from processing
636	of solid waste by state-owned or state-operated facilities,
637	which funds or revenues shall be deposited into the Solid Waste
638	Management Trust Fund.
639	(8)(12)  Determine by rule the facilities, equipment,
640	personnel, and number of monitoring wells to be provided at each
641	Class I solid waste disposal facility area.
642	(13)  Encourage, but not require, as part of a Class II
643	solid waste disposal area, a potable water supply; an employee
644	shelter; handwashing and toilet facilities; equipment washout
645	facilities; electric service for operations and repairs;
646	equipment shelter for maintenance and storage of parts,
647	equipment, and tools; scales for weighing solid waste received
648	at the disposal area; a trained equipment operator in full-time
649	attendance during operating hours; and communication facilities
650	for use in emergencies.  The department may require an attendant
651	at a Class II solid waste disposal area during the hours of
652	operation if the department affirmatively demonstrates that such
653	a requirement is necessary to prevent unlawful fires,
654	unauthorized dumping, or littering of nearby property.
655	(14)  Require a Class II solid waste disposal area to have
656	at least one monitoring well which shall be placed adjacent to
657	the site in the direction of groundwater flow unless otherwise
658	exempted by the department. The department may require
659	additional monitoring wells not farther than 1 mile from the
660	site if it is affirmatively demonstrated by the department that
661	a significant change in the initial quality of the water has
662	occurred in the downstream monitoring well which adversely
663	affects the beneficial uses of the water.  These wells may be
664	public or private water supply wells if they are suitable for
665	use in determining background water quality levels.
666	(9)(15)  Adopt rules pursuant to ss. 120.536(1) and 120.54
667	to implement and enforce the provisions of this act, including
668	requirements for the classification, construction, operation,
669	maintenance, and closure of solid waste management facilities
670	and requirements for, and conditions on, solid waste disposal in
671	this state, whether such solid waste is generated within this
672	state or outside this state as long as such requirements and
673	conditions are not based on the out-of-state origin of the waste
674	and are consistent with applicable provisions of law. When
675	classifying solid waste management facilities, the department
676	shall consider the hydrogeology of the site for the facility,
677	the types of wastes to be handled by the facility, and methods
678	used to control the types of waste to be handled by the facility
679	and shall seek to minimize the adverse effects of solid waste
680	management on the environment. Whenever the department adopts
681	any rule stricter or more stringent than one which has been set
682	by the United States Environmental Protection Agency, the
683	procedures set forth in s. 403.804(2) shall be followed. The
684	department shall not, however, adopt hazardous waste rules for
685	solid waste for which special studies were required prior to
686	October 1, 1988, under s. 8002 of the Resource Conservation and
687	Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies
688	are completed by the United States Environmental Protection
689	Agency and the information is available to the department for
690	consideration in adopting its own rule.
691	(10)(16)  Issue or modify permits on such conditions as are
692	necessary to effect the intent and purposes of this act, and may
693	deny or revoke permits.
694	(17)  Conduct research, using the State University System,
695	solid waste professionals from local governments, private
696	enterprise, and other organizations, on alternative,
697	economically feasible, cost-effective, and environmentally safe
698	solid waste management and landfill closure methods which
699	protect the health, safety, and welfare of the public and the
700	environment and which may assist in developing markets and
701	provide economic benefits to local governments, the state, and
702	its citizens, and solicit public participation during the
703	research process.  The department shall incorporate such cost-
704	effective landfill closure methods in the appropriate department
705	rule as alternative closure requirements.
706	(11)(18)  Develop and implement or contract for services to
707	develop information on recovered materials markets and
708	strategies for market development and expansion for use of these
709	materials. Additionally, the department shall maintain a
710	directory of recycling businesses operating in the state and
711	shall serve as a coordinator to match recovered materials with
712	markets. Such directory shall be made available to the public
713	and to local governments to assist with their solid waste
714	management activities.
715	(19)  Authorize variances from solid waste closure rules
716	adopted pursuant to this part, provided such variances are
717	applied for and approved in accordance with s. 403.201 and will
718	not result in significant threats to human health or the
719	environment.
720	(12)(20)  Establish accounts and deposit to the Solid Waste
721	Management Trust Fund and control and administer moneys it may
722	withdraw from the fund.
723	(13)(21)  Manage a program of grants, using funds from the
724	Solid Waste Management Trust Fund and funds provided by the
725	Legislature for solid waste management, for programs for
726	recycling, composting, litter control, and special waste
727	management and for programs which provide for the safe and
728	proper management of solid waste.
729	(14)(22)  Budget and receive appropriated funds and accept,
730	receive, and administer grants or other funds or gifts from
731	public or private agencies, including the state and the Federal
732	Government, for the purpose of carrying out the provisions of
733	this act.
734	(15)(23)  Delegate its powers, enter into contracts, or
735	take such other actions as may be necessary to implement this
736	act.
737	(16)(24)  Receive and administer funds appropriated for
738	county hazardous waste management assessments.
739	(17)(25)  Provide technical assistance to local governments
740	and regional agencies to ensure consistency between county
741	hazardous waste management assessments; coordinate the
742	development of such assessments with the assistance of the
743	appropriate regional planning councils; and review and make
744	recommendations to the Legislature relative to the sufficiency
745	of the assessments to meet state hazardous waste management
746	needs.
747	(18)(26)  Increase public education and public awareness of
748	solid and hazardous waste issues by developing and promoting
749	statewide programs of litter control, recycling, volume
750	reduction, and proper methods of solid waste and hazardous waste
751	management.
752	(19)(27)  Assist the hazardous waste storage, treatment, or
753	disposal industry by providing to the industry any data produced
754	on the types and quantities of hazardous waste generated.
755	(20)(28)  Institute a hazardous waste emergency response
756	program which would include emergency telecommunication
757	capabilities and coordination with appropriate agencies.
758	(21)(29)  Promulgate rules necessary to accept delegation
759	of the hazardous waste management program from the Environmental
760	Protection Agency under the Hazardous and Solid Waste Amendments
761	of 1984, Pub. L. No. 98-616.
762	(22)(30)  Adopt rules, if necessary, to address the
763	incineration and disposal of biomedical waste and the management
764	of biological waste within the state, whether such waste is
765	generated within this state or outside this state, as long as
766	such requirements and conditions are not based on the out-of-
767	state origin of the waste and are consistent with applicable
768	provisions of law.
769	Section 11.  Section 403.7043, Florida Statutes, is amended
770	to read:
771	403.7043  Compost standards and applications.--
772	(1)  In order to protect the state's land and water
773	resources, compost produced, utilized, or disposed of by the
774	composting process at solid waste management facilities in the
775	state must meet criteria established by the department.
776	(2)  The department shall Within 6 months after October 1,
777	1988, the department shall initiate rulemaking to establish and
778	maintain rules addressing standards for the production of
779	compost and shall complete and promulgate those rules within 12
780	months after initiating the process of rulemaking, including
781	rules establishing:
782	(a)  Requirements necessary to produce hygienically safe
783	compost products for varying applications.
784	(b)  A classification scheme for compost based on: the
785	types of waste composted, including at least one type containing
786	only yard trash; the maturity of the compost, including at least
787	three degrees of decomposition for fresh, semimature, and
788	mature; and the levels of organic and inorganic constituents in
789	the compost.  This scheme shall address:
790	1.  Methods for measurement of the compost maturity.
791	2.  Particle sizes.
792	3.  Moisture content.
793	4.  Average levels of organic and inorganic constituents,
794	including heavy metals, for such classes of compost as the
795	department establishes, and the analytical methods to determine
796	those levels.
797	(3)  Within 6 months after October 1, 1988, the department
798	shall initiate rulemaking to prescribe the allowable uses and
799	application rates of compost and shall complete and promulgate
800	those rules within 12 months after initiating the process of
801	rulemaking, based on the following criteria:
802	(a)  The total quantity of organic and inorganic
803	constituents, including heavy metals, allowed to be applied
804	through the addition of compost to the soil per acre per year.
805	(b)  The allowable uses of compost based on maturity and
806	type of compost.
807	(4)  If compost is produced which does not meet the
808	criteria prescribed by the department for agricultural and other
809	use, the compost must be reprocessed or disposed of in a manner
810	approved by the department, unless a different application is
811	specifically permitted by the department.
812	(5)  The provisions of s. 403.706 shall not prohibit any
813	county or municipality which has in place a memorandum of
814	understanding or other written agreement as of October 1, 1988,
815	from proceeding with plans to build a compost facility.
816	Section 12.  Subsections (1), (2), and (3) of section
817	403.7045, Florida Statutes, are amended to read:
818	403.7045  Application of act and integration with other
819	acts.--
820	(1)  The following wastes or activities shall not be
821	regulated pursuant to this act:
822	(a)  Byproduct material, source material, and special
823	nuclear material, the generation, transportation, disposal,
824	storage, or treatment of which is regulated under chapter 404 or
825	under the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat.
826	923, as amended;
827	(b)  Suspended solids and dissolved materials in domestic
828	sewage effluent or irrigation return flows or other discharges
829	which are point sources subject to permits pursuant to
830	provisions of this chapter or pursuant to s. 402 of the Clean
831	Water Act, Pub. L. No. 95-217;
832	(c)  Emissions to the air from a stationary installation or
833	source regulated under provisions of this chapter or under the
834	Clean Air Act, Pub. L. No. 95-95;
835	(d)  Drilling fluids, produced waters, and other wastes
836	associated with the exploration for, or development and
837	production of, crude oil or natural gas which are regulated
838	under chapter 377; or
839	(e)  Recovered materials or recovered materials processing
840	facilities shall not be regulated pursuant to this act, except
841	as provided in s. 403.7046, if:
842	1.  A majority of the recovered materials at the facility
843	are demonstrated to be sold, used, or reused within 1 year.
844	2.  The recovered materials handled by the facility or the
845	products or byproducts of operations that process recovered
846	materials are not discharged, deposited, injected, dumped,
847	spilled, leaked, or placed into or upon any land or water by the
848	owner or operator of such facility so that such recovered
849	materials, products or byproducts, or any constituent thereof
850	may enter other lands or be emitted into the air or discharged
851	into any waters, including groundwaters, or otherwise enter the
852	environment such that a threat of contamination in excess of
853	applicable department standards and criteria is caused.
854	3.  The recovered materials handled by the facility are not
855	hazardous wastes as defined under s. 403.703, and rules
856	promulgated pursuant thereto.
857	4.  The facility is registered as required in s. 403.7046.
858	(f)  Industrial byproducts, if:
859	1.  A majority of the industrial byproducts are
860	demonstrated to be sold, used, or reused within 1 year.
861	2.  The industrial byproducts are not discharged,
862	deposited, injected, dumped, spilled, leaked, or placed upon any
863	land or water so that such industrial byproducts, or any
864	constituent thereof, may enter other lands or be emitted into
865	the air or discharged into any waters, including groundwaters,
866	or otherwise enter the environment such that a threat of
867	contamination in excess of applicable department standards and
868	criteria or a significant threat to public health is caused.
869	3.  The industrial byproducts are not hazardous wastes as
870	defined under s. 403.703 and rules adopted under this section.
871	(2)  Except as provided in s. 403.704(9) s. 403.704(15),
872	the following wastes shall not be regulated as a hazardous waste
873	pursuant to this act, except when determined by the United
874	States Environmental Protection Agency to be a hazardous waste:
875	(a)  Ashes and scrubber sludges generated from the burning
876	of boiler fuel for generation of electricity or steam.
877	(b)  Agricultural and silvicultural byproduct material and
878	agricultural and silvicultural process waste from normal farming
879	or processing.
880	(c)  Discarded material generated by the mining and
881	beneficiation and chemical or thermal processing of phosphate
882	rock, and precipitates resulting from neutralization of
883	phosphate chemical plant process and nonprocess waters.
884	(3)  The following wastes or activities shall be regulated
885	pursuant to this act in the following manner:
886	(a)  Dredged material that is generated as part of a
887	project permitted under part IV of chapter 373 or chapter 161,
888	or that is authorized to be removed from sovereign submerged
889	lands under chapter 253, Dredge spoil or fill material shall be
890	managed in accordance with the conditions of that permit or
891	authorization unless the dredged material is regulated as
892	hazardous waste pursuant to this part disposed of pursuant to a
893	dredge and fill permit, but whenever hazardous components are
894	disposed of within the dredge or fill material, the dredge and
895	fill permits shall specify the specific hazardous wastes
896	contained and the concentration of each such waste. If the
897	dredged material contains hazardous substances, the department
898	may further then limit or restrict the sale or use of the
899	dredged dredge and fill material and may specify such other
900	conditions relative to this material as are reasonably necessary
901	to protect the public from the potential hazards. However,
902	nothing in this subsection shall be construed to require the
903	routine testing of dredge material for hazardous substances
904	unless there is a reasonable expectation that such substances
905	will be present.
906	(b)  Hazardous wastes that which are contained in
907	artificial recharge waters or other waters intentionally
908	introduced into any underground formation and that which are
909	permitted pursuant to s. 373.106 shall also be handled in
910	compliance with the requirements and standards for disposal,
911	storage, and treatment of hazardous waste under this act.
912	(c)  Solid waste or hazardous waste facilities that which
913	are operated as a part of the normal operation of a power
914	generating facility and which are licensed by certification
915	pursuant to the Florida Electrical Power Plant Siting Act, ss.
916	403.501-403.518, shall undergo such certification subject to the
917	substantive provisions of this act.
918	(d)  Biomedical waste and biological waste shall be
919	disposed of only as authorized by the department.  However, any
920	person who unknowingly disposes into a sanitary landfill or
921	waste-to-energy facility any such waste that which has not been
922	properly segregated or separated from other solid wastes by the
923	generating facility is not guilty of a violation under this act.
924	Nothing in This paragraph does not shall be construed to
925	prohibit the department from seeking injunctive relief pursuant
926	to s. 403.131 to prohibit the unauthorized disposal of
927	biomedical waste or biological waste.
928	Section 13.  Subsection (2) of section 403.7061, Florida
929	Statutes, is amended to read:
930	403.7061  Requirements for review of new waste-to-energy
931	facility capacity by the Department of Environmental
932	Protection.--
933	(2)  Notwithstanding any other provisions of state law, the
934	department shall not issue a construction permit or
935	certification to build a waste-to-energy facility or expand an
936	existing waste-to-energy facility unless the facility meets the
937	requirements set forth in subsection (3). Any construction
938	permit issued by the department between January 1, 1993, and May
939	12, 1993, which does not address these new requirements shall be
940	invalid. These new requirements do not apply to the issuance of
941	permits or permit modifications to retrofit existing facilities
942	with new or improved pollution control equipment to comply with
943	state or federal law. The department may shall initiate
944	rulemaking to incorporate the criteria in subsection (3) into
945	its permit review process.
946	Section 14.  Section 403.70611, Florida Statutes, is
947	amended to read:
948	403.70611  Requirements relating to solid waste disposal
949	facility and Class I landfill permitting.--
950	(1)  Local government applicants for a permit to construct
951	or expand a Class I landfill are encouraged to consider
952	construction of a waste-to-energy facility as an alternative to
953	additional landfill space.
954	(2)  A closed Class I landfill that is substantially
955	rehabilitated or remediated in such a manner that at least 15
956	percent of the residential units are affordable as defined in s.
957	420.0004(3) is not subject to the requirements of any building
958	permit allocation system or other rate of growth regulation
959	adopted pursuant to chapter 380.
960	Section 15.  Section 403.707, Florida Statutes, is amended
961	to read:
962	403.707  Permits.--
963	(1)  A No solid waste management facility may not be
964	operated, maintained, constructed, expanded, modified, or closed
965	without an appropriate and currently valid permit issued by the
966	department. The department may by rule exempt specified types of
967	facilities from the requirement for a permit under this part if
968	it determines that construction or operation of the facility is
969	not expected to create any significant threat to the environment
970	or public health. For purposes of this part, and only when
971	specified by department rule, a permit may include registrations
972	as well as other forms of licenses as defined in s. 120.52.
973	Solid waste construction permits issued under this section may
974	include any permit conditions necessary to achieve compliance
975	with the recycling requirements of this act. The department
976	shall pursue reasonable timeframes for closure and construction
977	requirements, considering pending federal requirements and
978	implementation costs to the permittee.  The department shall
979	adopt a rule establishing performance standards for construction
980	and closure of solid waste management facilities. The standards
981	shall allow flexibility in design and consideration for site-
982	specific characteristics.
983	(2)  Except as provided in s. 403.722(6), no permit under
984	this section is required for the following, provided that the
985	activity shall not create a public nuisance or any condition
986	adversely affecting the environment or public health and shall
987	not violate other state or local laws, ordinances, rules,
988	regulations, or orders:
989	(a)  Disposal by persons of solid waste resulting from
990	their own activities on their own property, provided such waste
991	is either ordinary household waste from their residential
992	property or is rocks, soils, trees, tree remains, and other
993	vegetative matter that which normally result from land
994	development operations.  Disposal of materials that which could
995	create a public nuisance or adversely affect the environment or
996	public health, such as: white goods; automotive materials, such
997	as batteries and tires; petroleum products; pesticides;
998	solvents; or hazardous substances, is not covered under this
999	exemption.
1000	(b)  Storage in containers by persons of solid waste
1001	resulting from their own activities on their property, leased or
1002	rented property, or property subject to a homeowners or
1003	maintenance association for which the person contributes
1004	association assessments, if the solid waste in such containers
1005	is collected at least once a week.
1006	(c)  Disposal by persons of solid waste resulting from
1007	their own activities on their property, provided the
1008	environmental effects of such disposal on groundwater and
1009	surface waters are:
1010	1.  Addressed or authorized by a site certification order
1011	issued under part II or a permit issued by the department
1012	pursuant to this chapter or rules adopted pursuant thereto; or
1013	2.  Addressed or authorized by, or exempted from the
1014	requirement to obtain, a groundwater monitoring plan approved by
1015	the department.
1016	(d)  Disposal by persons of solid waste resulting from
1017	their own activities on their own property, provided that such
1018	disposal occurred prior to October 1, 1988.
1019	(e)  Disposal of solid waste resulting from normal farming
1020	operations as defined by department rule.  Polyethylene
1021	agricultural plastic, damaged, nonsalvageable, untreated wood
1022	pallets, and packing material that cannot be feasibly recycled,
1023	which are used in connection with agricultural operations
1024	related to the growing, harvesting, or maintenance of crops, may
1025	be disposed of by open burning, provided that no public nuisance
1026	or any condition adversely affecting the environment or the
1027	public health is created thereby and that state or federal
1028	ambient air quality standards are not violated.
1029	(f)  The use of clean debris as fill material in any area.
1030	However, this paragraph does not exempt any person from
1031	obtaining any other required permits, nor does it affect a
1032	person's responsibility to dispose of clean debris appropriately
1033	if it is not to be used as fill material.
1034	(g)  Compost operations that produce less than 50 cubic
1035	yards of compost per year when the compost produced is used on
1036	the property where the compost operation is located.
1037	(3)  All applicable provisions of ss. 403.087 and 403.088,
1038	relating to permits, apply to the control of solid waste
1039	management facilities.
1040	(4)  When application for a construction permit for a Class
1041	I or Class II solid waste disposal facility area is made, it is
1042	the duty of the department to provide a copy of the application,
1043	within 7 days after filing, to the water management district
1044	having jurisdiction where the area is to be located.  The water
1045	management district may prepare an advisory report as to the
1046	impact on water resources.  This report shall contain the
1047	district's recommendations as to the disposition of the
1048	application and shall be submitted to the department no later
1049	than 30 days prior to the deadline for final agency action by
1050	the department. However, the failure of the department or the
1051	water management district to comply with the provisions of this
1052	subsection shall not be the basis for the denial, revocation, or
1053	remand of any permit or order issued by the department.
1054	(5)  The department may not issue a construction permit
1055	pursuant to this part for a new solid waste landfill within
1056	3,000 feet of Class I surface waters.
1057	(6)  The department may issue a construction permit
1058	pursuant to this part only to a solid waste management facility
1059	that provides the conditions necessary to control the safe
1060	movement of wastes or waste constituents into surface or ground
1061	waters or the atmosphere and that will be operated, maintained,
1062	and closed by qualified and properly trained personnel. Such
1063	facility must if necessary:
1064	(a)  Use natural or artificial barriers which are capable
1065	of controlling lateral or vertical movement of wastes or waste
1066	constituents into surface or ground waters.
1067	(b)  Have a foundation or base that is capable of providing
1068	support for structures and waste deposits and capable of
1069	preventing foundation or base failure due to settlement,
1070	compression, or uplift.
1071	(c)  Provide for the most economically feasible, cost-
1072	effective, and environmentally safe control of leachate, gas,
1073	stormwater, and disease vectors and prevent the endangerment of
1074	public health and the environment.
1075
1076	Open fires, air-curtain incinerators, or trench burning may not
1077	be used as a means of disposal at a solid waste management
1078	facility, unless permitted by the department under s. 403.087.
1079	(7)  Prior to application for a construction permit, an
1080	applicant shall designate to the department temporary backup
1081	disposal areas or processes for the resource recovery facility.
1082	Failure to designate temporary backup disposal areas or
1083	processes shall result in a denial of the construction permit.
1084	(8)  The department may refuse to issue a permit to an
1085	applicant who by past conduct in this state has repeatedly
1086	violated pertinent statutes, rules, or orders or permit terms or
1087	conditions relating to any solid waste management facility and
1088	who is deemed to be irresponsible as defined by department rule.
1089	For the purposes of this subsection, an applicant includes the
1090	owner or operator of the facility, or if the owner or operator
1091	is a business entity, a parent of a subsidiary corporation, a
1092	partner, a corporate officer or director, or a stockholder
1093	holding more than 50 percent of the stock of the corporation.
1094	(9)  Before or on the same day of filing with the
1095	department of an application for any construction permit for the
1096	incineration of biomedical waste which the department may
1097	require by rule, the applicant shall notify each city and county
1098	within 1 mile of the facility of the filing of the application
1099	and shall publish notice of the filing of the application. The
1100	applicant shall publish a second notice of the filing within 14
1101	days after the date of filing. Each notice shall be published in
1102	a newspaper of general circulation in the county in which the
1103	facility is located or is proposed to be located.
1104	Notwithstanding the provisions of chapter 50, for purposes of
1105	this section, a "newspaper of general circulation" shall be the
1106	newspaper within the county in which the installation or
1107	facility is proposed which has the largest daily circulation in
1108	that county and has its principal office in that county. If the
1109	newspaper with the largest daily circulation has its principal
1110	office outside the county, the notice shall appear in both the
1111	newspaper with the largest daily circulation in that county, and
1112	a newspaper authorized to publish legal notices in that county.
1113	The notice shall contain:
1114	(a)  The name of the applicant and a brief description of
1115	the facility and its location.
1116	(b)  The location of the application file and when it is
1117	available for public inspection.
1118
1119	The notice shall be prepared by the applicant and shall comply
1120	with the following format:
1121	Notice of Application
1122
1123	The Department of Environmental Protection announces receipt of
1124	an application for a permit from   (name of applicant)   to
1125	(brief description of project)   . This proposed project will be
1126	located at   (location)   in     (county)   (city)  .
1127
1128	This application is being processed and is available for public
1129	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
1130	Monday through Friday, except legal holidays, at   (name and
1131	address of office)  .
1132	(10)  A permit, which the department may require by rule,
1133	for the incineration of biomedical waste, may not be transferred
1134	by the permittee to any other entity, except in conformity with
1135	the requirements of this subsection.
1136	(a)  Within 30 days after the sale or legal transfer of a
1137	permitted facility, the permittee shall file with the department
1138	an application for transfer of the permits on such form as the
1139	department shall establish by rule.  The form must be completed
1140	with the notarized signatures of both the transferring permittee
1141	and the proposed permittee.
1142	(b)  The department shall approve the transfer of a permit
1143	unless it determines that the proposed permittee has not
1144	provided reasonable assurances that the proposed permittee has
1145	the administrative, technical, and financial capability to
1146	properly satisfy the requirements and conditions of the permit,
1147	as determined by department rule.  The determination shall be
1148	limited solely to the ability of the proposed permittee to
1149	comply with the conditions of the existing permit, and it shall
1150	not concern the adequacy of the permit conditions.  If the
1151	department proposes to deny the transfer, it shall provide both
1152	the transferring permittee and the proposed permittee a written
1153	objection to such transfer together with notice of a right to
1154	request a proceeding on such determination under chapter 120.
1155	(c)  Within 90 days after receiving a properly completed
1156	application for transfer of a permit, the department shall issue
1157	a final determination. The department may toll the time for
1158	making a determination on the transfer by notifying both the
1159	transferring permittee and the proposed permittee that
1160	additional information is required to adequately review the
1161	transfer request. Such notification shall be provided within 30
1162	days after receipt of an application for transfer of the permit,
1163	completed pursuant to paragraph (a). If the department fails to
1164	take action to approve or deny the transfer within 90 days after
1165	receipt of the completed application or within 90 days after
1166	receipt of the last item of timely requested additional
1167	information, the transfer shall be deemed approved.
1168	(d)  The transferring permittee is encouraged to apply for
1169	a permit transfer well in advance of the sale or legal transfer
1170	of a permitted facility.  However, the transfer of the permit
1171	shall not be effective prior to the sale or legal transfer of
1172	the facility.
1173	(e)  Until the transfer of the permit is approved by the
1174	department, the transferring permittee and any other person
1175	constructing, operating, or maintaining the permitted facility
1176	shall be liable for compliance with the terms of the permit.
1177	Nothing in this section shall relieve the transferring permittee
1178	of liability for corrective actions that may be required as a
1179	result of any violations occurring prior to the legal transfer
1180	of the permit.
1181	(11)  The department shall review all permit applications
1182	for any designated Class I solid waste disposal facility. As
1183	used in this subsection, the term "designated Class I solid
1184	waste disposal facility" means any facility that is, as of May
1185	12, 1993, a solid waste disposal facility classified as an
1186	active Class I landfill by the department, that is located in
1187	whole or in part within 1,000 feet of the boundary of any
1188	municipality, but that is not located within any county with an
1189	approved charter or consolidated municipal government, is not
1190	located within any municipality, and is not operated by a
1191	municipality. The department shall not permit vertical expansion
1192	or horizontal expansion of any designated Class I solid waste
1193	disposal facility unless the application for such permit was
1194	filed before January 1, 1993, and no solid waste management
1195	facility may be operated which is a vertical expansion or
1196	horizontal expansion of a designated Class I solid waste
1197	disposal facility. As used in this subsection, the term
1198	"vertical expansion" means any activity that will result in an
1199	increase in the height of a designated Class I solid waste
1200	disposal facility above 100 feet National Geodetic Vertical
1201	Datum, except solely for closure, and the term "horizontal
1202	expansion" means any activity that will result in an increase in
1203	the ground area covered by a designated Class I solid waste
1204	disposal facility, or if within 1 mile of a designated Class I
1205	solid waste disposal facility, any new or expanded operation of
1206	any solid waste disposal facility or area, or of incineration of
1207	solid waste, or of storage of solid waste for more than 1 year,
1208	or of composting of solid waste other than yard trash.
1209	(9)(12)  The department shall establish a separate category
1210	for solid waste management facilities which accept only
1211	construction and demolition debris for disposal or recycling.
1212	The department shall establish a reasonable schedule for
1213	existing facilities to comply with this section to avoid undue
1214	hardship to such facilities. However, a permitted solid waste
1215	disposal unit that which receives a significant amount of waste
1216	prior to the compliance deadline established in this schedule
1217	shall not be required to be retrofitted with liners or leachate
1218	control systems. Facilities accepting materials defined in s.
1219	403.703(17)(b) must implement a groundwater monitoring system
1220	adequate to detect contaminants that may reasonably be expected
1221	to result from such disposal prior to the acceptance of those
1222	materials.
1223	(a)  The department shall establish reasonable
1224	construction, operation, monitoring, recordkeeping, financial
1225	assurance, and closure requirements for such facilities.  The
1226	department shall take into account the nature of the waste
1227	accepted at various facilities when establishing these
1228	requirements, and may impose less stringent requirements,
1229	including a system of general permits or registration
1230	requirements, for facilities that accept only a segregated waste
1231	stream which is expected to pose a minimal risk to the
1232	environment and public health, such as clean debris.  The
1233	Legislature recognizes that incidental amounts of other types of
1234	solid waste are commonly generated at construction or demolition
1235	projects.  In any enforcement action taken pursuant to this
1236	section, the department shall consider the difficulty of
1237	removing these incidental amounts from the waste stream.
1238	(b)  The department shall not require liners and leachate
1239	collection systems at individual facilities unless it
1240	demonstrates, based upon the types of waste received, the
1241	methods for controlling types of waste disposed of, the
1242	proximity of groundwater and surface water, and the results of
1243	the hydrogeological and geotechnical investigations, that the
1244	facility is reasonably expected to result in violations of
1245	groundwater standards and criteria otherwise.
1246	(c)  The owner or operator shall provide financial
1247	assurance for closing of the facility in accordance with the
1248	requirements of s. 403.7125. The financial assurance shall cover
1249	the cost of closing the facility and 5 years of long-term care
1250	after closing, unless the department determines, based upon
1251	hydrogeologic conditions, the types of wastes received, or the
1252	groundwater monitoring results, that a different long-term care
1253	period is appropriate.  However, unless the owner or operator of
1254	the facility is a local government, the escrow account described
1255	in s. 403.7125(2) s. 403.7125(3) may not be used as a financial
1256	assurance mechanism.
1257	(d)  The department shall establish training requirements
1258	for operators of facilities, and shall work with the State
1259	University System or other providers to assure that adequate
1260	training courses are available.  The department shall also
1261	assist the Florida Home Builders Association in establishing a
1262	component of its continuing education program to address proper
1263	handling of construction and demolition debris, including best
1264	management practices for reducing contamination of the
1265	construction and demolition debris waste stream.
1266	(e)  The issuance of a permit under this subsection does
1267	not obviate the need to comply with all applicable zoning and
1268	land use regulations.
1269	(f)  A permit is not required under this section for the
1270	disposal of construction and demolition debris on the property
1271	where it is generated, but such property must be covered,
1272	graded, and vegetated as necessary when disposal is complete.
1273	(g)  It is the policy of the Legislature to encourage
1274	facilities to recycle.  The department shall establish criteria
1275	and guidelines that encourage recycling where practical and
1276	provide for the use of recycled materials in a manner that
1277	protects the public health and the environment. Facilities are
1278	authorized to recycle, provided such activities do not conflict
1279	with such criteria and guidelines.
1280	(h)  The department shall ensure that the requirements of
1281	this section are applied and interpreted consistently throughout
1282	the state.  In accordance with s. 20.255, the Division of Waste
1283	Management shall direct the district offices and bureaus on
1284	matters relating to the interpretation and applicability of this
1285	section.
1286	(i)  The department shall provide notice of receipt of a
1287	permit application for the initial construction of a
1288	construction and demolition debris disposal facility to the
1289	local governments having jurisdiction where the facility is to
1290	be located.
1291	(j)  The Legislature recognizes that recycling, waste
1292	reduction, and resource recovery are important aspects of an
1293	integrated solid waste management program and as such are
1294	necessary to protect the public health and the environment.  If
1295	necessary to promote such an integrated program, the county may
1296	determine, after providing notice and an opportunity for a
1297	hearing prior to April 30, 2007 December 31, 1996, that some or
1298	all of the wood material described in s. 403.703(6)(b) s.
1299	403.703(17)(b) shall be excluded from the definition of
1300	"construction and demolition debris" in s. 403.703(6) s.
1301	403.703(17) within the jurisdiction of such county. The county
1302	may make such a determination only if it finds that, prior to
1303	June 1, 2006 1996, the county has established an adequate method
1304	for the use or recycling of such wood material at an existing or
1305	proposed solid waste management facility that is permitted or
1306	authorized by the department on June 1, 2006 1996. The county
1307	shall not be required to hold a hearing if the county represents
1308	that it previously has held a hearing for such purpose, nor
1309	shall the county be required to hold a hearing if the county
1310	represents that it previously has held a public meeting or
1311	hearing that authorized such method for the use or recycling of
1312	trash or other nonputrescible waste materials and if the county
1313	further represents that such materials include those materials
1314	described in s. 403.703(6)(b) s. 403.703(17)(b). The county
1315	shall provide written notice of its determination to the
1316	department by no later than April 30, 2007 December 31, 1996;
1317	thereafter, the wood materials described in s. 403.703(6) s.
1318	403.703(17)(b) shall be excluded from the definition of
1319	"construction and demolition debris" in s. 403.703(6) s.
1320	403.703(17) within the jurisdiction of such county. The county
1321	may withdraw or revoke its determination at any time by
1322	providing written notice to the department.
1323	(k)  Brazilian pepper and other invasive exotic plant
1324	species as designated by the department resulting from
1325	eradication projects may be processed at permitted construction
1326	and demolition debris recycling facilities or disposed of at
1327	permitted construction and demolition debris disposal facilities
1328	or Class III facilities. The department may adopt rules to
1329	implement this paragraph.
1330	(10)(13)  If the department and a local government
1331	independently require financial assurance for the closure of a
1332	privately owned solid waste management facility, the department
1333	and that local government shall enter into an interagency
1334	agreement that will allow the owner or operator to provide a
1335	single financial mechanism to cover the costs of closure and any
1336	required long-term care. The financial mechanism may provide for
1337	the department and local government to be cobeneficiaries or
1338	copayees, but shall not impose duplicative financial
1339	requirements on the owner or operator. These closure costs must
1340	include at least the minimum required by department rules and
1341	must also include any additional costs required by local
1342	ordinance or regulation.
1343	(11)(14)  Before or on the same day of filing with the
1344	department of an application for a permit to construct or
1345	substantially modify a solid waste management facility, the
1346	applicant shall notify the local government having jurisdiction
1347	over the facility of the filing of the application.  The
1348	applicant also shall publish notice of the filing of the
1349	application in a newspaper of general circulation in the area
1350	where the facility will be located.  Notice shall be given and
1351	published in accordance with applicable department rules.  The
1352	department shall not issue the requested permit until the
1353	applicant has provided the department with proof that the
1354	notices required by this subsection have been given. Issuance of
1355	a permit does not relieve an applicant from compliance with
1356	local zoning or land use ordinances, or with any other law,
1357	rules, or ordinances.
1358	(12)(15)  Construction and demolition debris must be
1359	separated from the solid waste stream and segregated in separate
1360	locations at a solid waste disposal facility or other permitted
1361	site.
1362	(13)(16)  No facility, solely by virtue of the fact that it
1363	uses processed yard trash or clean wood or paper waste as a fuel
1364	source, shall be considered to be a solid waste disposal
1365	facility.
1366	(14)(a)  A permit to operate a solid waste management
1367	facility may not be transferred by the permittee to any other
1368	entity without the consent of the department. If the permitted
1369	facility is sold or transferred, or if control of the facility
1370	is transferred, the permittee must submit to the department an
1371	application for transfer of permit no later than 30 days after
1372	the transfer of ownership or control. The department shall
1373	approve the transfer of a permit unless it determines that the
1374	proposed new permittee cannot provide reasonable assurance that
1375	the conditions of the permit will be met. A permit may not be
1376	transferred until proof of financial assurance is provided by
1377	the proposed new permittee. Until the transfer is approved by
1378	the department, the existing permittee is liable for compliance
1379	with the terms of the permit, including the financial-assurance
1380	requirements.
1381	(b)  When the transfer of the permit to the new operator or
1382	owner has been approved, the department shall return any means
1383	of proof of financial assurance held by the permittee to the
1384	original permittee, and he or she shall be released from his
1385	permit obligations.
1386	(c)  The application for transfer of permit must clearly
1387	state in bold letters that the permit cannot be transferred
1388	without proof of financial assurance. Until the permit is
1389	transferred, the new owner or operator may not operate the
1390	facility without the express consent of the permittee.
1391	(d)  The department may adopt rules to administer the
1392	provisions of this subsection, including procedural rules and
1393	the permit-transfer form.
1394	Section 16.  Section 403.7071, Florida Statutes, is created
1395	to read:
1396	403.7071  Management of storm-generated debris.--Solid
1397	waste generated as a result of a storm event that is the subject
1398	of an emergency order issued by the department may be managed as
1399	follows:
1400	(1)  To the greatest extent practicable, recycling and
1401	reuse of storm-generated vegetative debris is encouraged.  Such
1402	recycling and reuse must be conducted in accordance with
1403	applicable department rules and may include, but is not limited
1404	to, chipping and grinding of the vegetative debris to be
1405	beneficially used as a ground cover or as a soil amendment,
1406	composting of the vegetative debris, and burning of such chipped
1407	vegetative debris as fuel for any applicable commercial or
1408	industrial application.
1409	(2)  The Department of Environmental Protection may issue
1410	field authorizations for staging areas in those counties
1411	affected by a storm event. Such staging areas may be used for
1412	the temporary storage and management of storm-generated debris,
1413	including the chipping, grinding, or burning of vegetative
1414	debris.  Field authorizations may include specific conditions
1415	for the operation and closure of the staging area and shall
1416	include a required closure date.  To the greatest extent
1417	possible, staging areas may not be located in wetlands or other
1418	surface waters.  The area that is used or affected by a staging
1419	area must be fully restored upon cessation of the use of the
1420	area.
1421	(3)  Storm-generated vegetative debris managed at a staging
1422	area may be disposed of in a permitted lined or unlined
1423	landfill, a permitted land clearing debris facility, a permitted
1424	or certified waste-to-energy facility, or a permitted
1425	construction and demolition debris disposal facility. Vegetative
1426	debris may also be managed at a permitted waste processing
1427	facility or a registered yard trash processing facility.
1428	(4)  Construction and demolition debris that is mixed with
1429	other storm-generated debris need not be segregated from other
1430	solid waste prior to disposal in a lined landfill. Construction
1431	and demolition debris that is source-separated or is separated
1432	from other hurricane-generated debris at an authorized staging
1433	area, or at another area permitted or specifically authorized by
1434	the department, may be managed at a permitted construction and
1435	demolition debris disposal facility, a Class III landfill, or a
1436	recycling facility upon approval by the department of the
1437	methods and operational practices used to inspect the waste
1438	during segregation.
1439	(5)  Unsalvageable refrigerators and freezers containing
1440	solid waste, such as rotting food, which may create a sanitary
1441	nuisance may be disposed of in a permitted lined landfill;
1442	however, chlorofluorocarbons and capacitors must be removed and
1443	recycled to the greatest extent practicable.
1444	(6)  Local governments or their agents may conduct the
1445	burning of storm-generated yard trash and other vegetative
1446	debris in air-curtain incinerators without prior notice to the
1447	department. Demolition debris may also be burned in air-curtain
1448	incinerators if the material is limited to untreated wood.
1449	Within 10 days after commencing such burning, the local
1450	government shall notify the department in writing describing the
1451	general nature of the materials burned; the location and method
1452	of burning; and the name, address, and telephone number of the
1453	representative of the local government to contact concerning the
1454	work.  The operator of the air-curtain incinerator is subject to
1455	any requirement to obtain an open-burning authorization from the
1456	Division of Forestry or any other agency empowered to grant such
1457	authorization.
1458	(7)  Any person conducting open burning of vegetative
1459	debris piles is subject to the requirements for obtaining
1460	authorizations from the Divisions of Forestry.
1461	Section 17.  Section 403.708, Florida Statutes, is amended
1462	to read:
1463	403.708  Prohibition; penalty.--
1464	(1)  No person shall:
1465	(a)  Place or deposit any solid waste in or on the land or
1466	waters located within the state except in a manner approved by
1467	the department and consistent with applicable approved programs
1468	of counties or municipalities. However, nothing in this act
1469	shall be construed to prohibit the disposal of solid waste
1470	without a permit as provided in s. 403.707(2).
1471	(b)  Burn solid waste except in a manner prescribed by the
1472	department and consistent with applicable approved programs of
1473	counties or municipalities.
1474	(c)  Construct, alter, modify, or operate a solid waste
1475	management facility or site without first having obtained from
1476	the department any permit required by s. 403.707.
1477	(2)  No beverage shall be sold or offered for sale within
1478	the state in a beverage container designed and constructed so
1479	that the container is opened by detaching a metal ring or tab.
1480	(3)  For purposes of subsections (2), (9), and (10):
1481	(a)  "Degradable," with respect to any material, means that
1482	such material, after being discarded, is capable of decomposing
1483	to components other than heavy metals or other toxic substances,
1484	after exposure to bacteria, light, or outdoor elements.
1485	(a)(b)  "Beverage" means soda water, carbonated natural or
1486	mineral water, or other nonalcoholic carbonated drinks; soft
1487	drinks, whether or not carbonated; beer, ale, or other malt
1488	drink of whatever alcoholic content; or a mixed wine drink or a
1489	mixed spirit drink.
1490	(b)(c)  "Beverage container" means an airtight container
1491	which at the time of sale contains 1 gallon or less of a
1492	beverage, or the metric equivalent of 1 gallon or less, and
1493	which is composed of metal, plastic, or glass or a combination
1494	thereof.
1495	(4)  The Division of Alcoholic Beverages and Tobacco of the
1496	Department of Business and Professional Regulation may impose a
1497	fine of not more than $100 on any person currently licensed
1498	pursuant to s. 561.14 for each violation of the provisions of
1499	subsection (2). If the violation is of a continuing nature, each
1500	day during which such violation occurs shall constitute a
1501	separate and distinct offense and shall be subject to a separate
1502	fine.
1503	(5)  The Department of Agriculture and Consumer Services
1504	may impose a fine of not more than $100 on any person not
1505	currently licensed pursuant to s. 561.14 for each violation of
1506	the provisions of subsection (2). If the violation is of a
1507	continuing nature, each day during which such violation occurs
1508	shall constitute a separate and distinct offense and shall be
1509	subject to a separate fine.
1510	(6)  Fifty percent of each fine collected pursuant to
1511	subsections (4) and (5) shall be deposited into the Solid Waste
1512	Management Trust Fund. The balance of fines collected pursuant
1513	to subsection (4) shall be deposited into the Alcoholic Beverage
1514	and Tobacco Trust Fund for the use of the division for
1515	inspection and enforcement of the provisions of this section.
1516	The balance of fines collected pursuant to subsection (5) shall
1517	be deposited into the General Inspection Trust Fund for the use
1518	of the Department of Agriculture and Consumer Services for
1519	inspection and enforcement of the provisions of this section.
1520	(7)  The Division of Alcoholic Beverages and Tobacco and
1521	the Department of Agriculture and Consumer Services shall
1522	coordinate their responsibilities under the provisions of this
1523	section to ensure that inspections and enforcement are
1524	accomplished in an efficient, cost-effective manner.
1525	(8)  A person may not distribute, sell, or expose for sale
1526	in this state any plastic bottle or rigid container intended for
1527	single use unless such container has a molded label indicating
1528	the plastic resin used to produce the plastic container.  The
1529	label must appear on or near the bottom of the plastic container
1530	product and be clearly visible.  This label must consist of a
1531	number placed inside a triangle and letters placed below the
1532	triangle. The triangle must be equilateral and must be formed by
1533	three arrows, and, in the middle of each arrow, there must be a
1534	rounded bend that forms one apex of the triangle. The pointer,
1535	or arrowhead, of each arrow must be at the midpoint of a side of
1536	the triangle, and a short gap must separate each pointer from
1537	the base of the adjacent arrow.  The three curved arrows that
1538	form the triangle must depict a clockwise path around the code
1539	number. Plastic bottles of less than 16 ounces, rigid plastic
1540	containers of less than 8 ounces, and plastic casings on lead-
1541	acid storage batteries are not required to be labeled under this
1542	section.  The numbers and letters must be as follows:
1543	(a)  For polyethylene terephthalate, the letters "PETE" and
1544	the number 1.
1545	(b)  For high-density polyethylene, the letters "HDPE" and
1546	the number 2.
1547	(c)  For vinyl, the letter "V" and the number 3.
1548	(d)  For low-density polyethylene, the letters "LDPE" and
1549	the number 4.
1550	(e)  For polypropylene, the letters "PP" and the number 5.
1551	(f)  For polystyrene, the letters "PS" and the number 6.
1552	(g)  For any other, the letters "OTHER" and the number 7.
1553	(9)  No person shall distribute, sell, or expose for sale
1554	in this state any product packaged in a container or packing
1555	material manufactured with fully halogenated chlorofluorocarbons
1556	(CFC). Producers of containers or packing material manufactured
1557	with chlorofluorocarbons (CFC) are urged to introduce
1558	alternative packaging materials which are environmentally
1559	compatible.
1560	(10)  The packaging of products manufactured or sold in the
1561	state may not be controlled by governmental rule, regulation, or
1562	ordinance adopted after March 1, 1974, other than as expressly
1563	provided in this act.
1564	(11)  Violations of this part or rules, regulations,
1565	permits, or orders issued thereunder by the department and
1566	violations of approved local programs of counties or
1567	municipalities or rules, regulations, or orders issued
1568	thereunder shall be punishable by a civil penalty as provided in
1569	s. 403.141.
1570	(12)  The department or any county or municipality may also
1571	seek to enjoin the violation of, or enforce compliance with,
1572	this part or any program adopted hereunder as provided in s.
1573	403.131.
1574	(13)  In accordance with the following schedule, No person
1575	who knows or who should know of the nature of the following
1576	types of such solid waste shall dispose of such solid waste in
1577	landfills:
1578	(a)  Lead-acid batteries, after January 1, 1989.  Lead-acid
1579	batteries also may shall not be disposed of in any waste-to-
1580	energy facility after January 1, 1989.  To encourage proper
1581	collection and recycling, all persons who sell lead-acid
1582	batteries at retail shall accept used lead-acid batteries as
1583	trade-ins for new lead-acid batteries.
1584	(b)  Used oil, after October 1, 1988.
1585	(c)  Yard trash, after January 1, 1992, except in lined
1586	unlined landfills classified by department rule as Class I
1587	landfills. Yard trash that is source separated from solid waste
1588	may be accepted at a solid waste disposal area where the area
1589	provides and maintains separate yard trash composting
1590	facilities.  The department recognizes that incidental amounts
1591	of yard trash may be disposed of in Class I lined landfills. In
1592	any enforcement action taken pursuant to this paragraph, the
1593	department shall consider the difficulty of removing incidental
1594	amounts of yard trash from a mixed solid waste stream.
1595	(d)  White goods, after January 1, 1990.
1596
1597	Prior to the effective dates specified in paragraphs (a)-(d),
1598	the department shall identify and assist in developing
1599	alternative disposal, processing, or recycling options for the
1600	solid wastes identified in paragraphs (a)-(d).
1601	Section 18.  Section 403.709, Florida Statutes, is amended
1602	to read:
1603	403.709  Solid Waste Management Trust Fund; use of waste
1604	tire fees.--There is created the Solid Waste Management Trust
1605	Fund, to be administered by the department.
1606	(1)  From The annual revenues deposited in the trust fund,
1607	unless otherwise specified in the General Appropriations Act,
1608	shall be used as follows:
1609	(a)(1)  Up to 40 percent shall be used for Funding solid
1610	waste activities of the department and other state agencies,
1611	such as providing technical assistance to local governments and
1612	the private sector, performing solid waste regulatory and
1613	enforcement functions, preparing solid waste documents, and
1614	implementing solid waste education programs.
1615	(b)(2)  Up to 4.5 percent shall be used for Funding
1616	research and training programs relating to solid waste
1617	management through the Center for Solid and Hazardous Waste
1618	Management and other organizations which can reasonably
1619	demonstrate the capability to carry out such projects.
1620	(c)(3)  Up to 11 percent shall be used for Funding to
1621	supplement any other funds provided to the Department of
1622	Agriculture and Consumer Services for mosquito control. This
1623	distribution shall be annually transferred to the General
1624	Inspection Trust Fund in the Department of Agriculture and
1625	Consumer Services to be used for mosquito control, especially
1626	control of West Nile Virus.
1627	(d)(4)  Up to 4.5 percent shall be used for Funding to the
1628	Department of Transportation for litter prevention and control
1629	programs coordinated by Keep Florida Beautiful, Inc.
1630	(e)(5)  A minimum of 40 percent shall be used for Funding a
1631	competitive and innovative grant program pursuant to s. 403.7095
1632	for activities relating to recycling and reducing the volume of
1633	municipal solid waste, including waste tires requiring final
1634	disposal.
1635	(2)(6)  The department shall recover to the use of the fund
1636	from the site owner or the person responsible for the
1637	accumulation of tires at the site, jointly and severally, all
1638	sums expended from the fund pursuant to this section to manage
1639	tires at an illegal waste tire site, except that the department
1640	may decline to pursue such recovery if it finds the amount
1641	involved too small or the likelihood of recovery too uncertain.
1642	If a court determines that the owner is unable or unwilling to
1643	comply with the rules adopted pursuant to this section or s.
1644	403.717, the court may authorize the department to take
1645	possession and control of the waste tire site in order to
1646	protect the health, safety, and welfare of the community and the
1647	environment.
1648	(3)(7)  The department may impose a lien on the real
1649	property on which the waste tire site is located and the waste
1650	tires equal to the estimated cost to bring the tire site into
1651	compliance, including attorney's fees and court costs. Any owner
1652	whose property has such a lien imposed may release her or his
1653	property from any lien claimed under this subsection by filing
1654	with the clerk of the circuit court a cash or surety bond,
1655	payable to the department in the amount of the estimated cost of
1656	bringing the tire site into compliance with department rules,
1657	including attorney's fees and court costs, or the value of the
1658	property after the abatement action is complete, whichever is
1659	less. No lien provided by this subsection shall continue for a
1660	longer period than 4 years after the completion of the abatement
1661	action unless within that time an action to enforce the lien is
1662	commenced in a court of competent jurisdiction. The department
1663	may take action to enforce the lien in the same manner used for
1664	construction liens under part I of chapter 713.
1665	(4)(8)  This section does not limit the use of other
1666	remedies available to the department.
1667	Section 19.  Subsection (5) of section 403.7095, Florida
1668	Statutes, is amended to read:
1669	403.7095  Solid waste management grant program.--
1670	(5)  From the funds made available pursuant to s.
1671	403.709(1)(e) s. 403.709(5) for the grant program created by
1672	this section, the following distributions shall be made:
1673	(a)  Up to 15 percent for the program described in
1674	subsection (1);
1675	(b)  Up to 35 percent for the program described in
1676	subsection (3); and
1677	(c)  Up to 50 percent for the program described in
1678	subsection (4).
1679	Section 20.  Section 403.7125, Florida Statutes, is amended
1680	to read:
1681	403.7125  Financial assurance for closure Landfill
1682	management escrow account.--
1683	(1)  As used in this section:
1684	(a)  "Landfill" means any solid waste land disposal area
1685	for which a permit, other than a general permit, is required by
1686	s. 403.707 that receives solid waste for disposal in or upon
1687	land other than a land-spreading site, injection well, or a
1688	surface impoundment.
1689	(b)  "Closure" means the ceasing operation of a landfill
1690	and securing such landfill so that it does not pose a
1691	significant threat to public health or the environment and
1692	includes long-term monitoring and maintenance of a landfill.
1693	(c)  "Owner or operator" means, in addition to the usual
1694	meanings of the term, any owner of record of any interest in
1695	land whereon a landfill is or has been located and any person or
1696	corporation which owns a majority interest in any other
1697	corporation which is the owner or operator of a landfill.
1698	(1)(2)  Every owner or operator of a landfill is jointly
1699	and severally liable for the improper operation and closure of
1700	the landfill, as provided by law. As used in this section, the
1701	term "owner or operator" means any owner of record of any
1702	interest in land wherein a landfill is or has been located and
1703	any person or corporation that owns a majority interest in any
1704	other corporation that is the owner or operator of a landfill.
1705	(2)(3)  The owner or operator of a landfill owned or
1706	operated by a local or state government or the Federal
1707	Government shall establish a fee, or a surcharge on existing
1708	fees or other appropriate revenue-producing mechanism, to ensure
1709	the availability of financial resources for the proper closure
1710	of the landfill. However, the disposal of solid waste by persons
1711	on their own property, as described in s. 403.707(2), is exempt
1712	from the provisions of this section.
1713	(a)  The revenue-producing mechanism must produce revenue
1714	at a rate sufficient to generate funds to meet state and federal
1715	landfill closure requirements.
1716	(b)  The revenue shall be deposited in an interest-bearing
1717	escrow account to be held and administered by the owner or
1718	operator. The owner or operator shall file with the department
1719	an annual audit of the account. The audit shall be conducted by
1720	an independent certified public accountant. Failure to collect
1721	or report such revenue, except as allowed in subsection (3) (4),
1722	is a noncriminal violation punishable by a fine of not more than
1723	$5,000 for each offense.  The owner or operator may make
1724	expenditures from the account and its accumulated interest only
1725	for the purpose of landfill closure and, if such expenditures do
1726	not deplete the fund to the detriment of eventual closure, for
1727	planning and construction of resource recovery or landfill
1728	facilities.  Any moneys remaining in the account after paying
1729	for proper and complete closure, as determined by the
1730	department, shall, if the owner or operator does not operate a
1731	landfill, be deposited by the owner or operator into the general
1732	fund or the appropriate solid waste fund of the local government
1733	of jurisdiction.
1734	(c)  The revenue generated under this subsection and any
1735	accumulated interest thereon may be applied to the payment of,
1736	or pledged as security for, the payment of revenue bonds issued
1737	in whole or in part for the purpose of complying with state and
1738	federal landfill closure requirements. Such application or
1739	pledge may be made directly in the proceedings authorizing such
1740	bonds or in an agreement with an insurer of bonds to assure such
1741	insurer of additional security therefor.
1742	(d)  The provisions of s. 212.055 which that relate to
1743	raising of revenues for landfill closure or long-term
1744	maintenance do not relieve a landfill owner or operator from the
1745	obligations of this section.
1746	(e)  The owner or operator of any landfill that had
1747	established an escrow account in accordance with this section
1748	and the conditions of its permit prior to January 1, 2006, may
1749	continue to use that escrow account to provide financial
1750	assurance for closure of that landfill, even if that landfill is
1751	not owned or operated by a local or state government or the
1752	Federal Government.
1753	(3)(4)  An owner or operator of a landfill owned or
1754	operated by a local or state government or by the Federal
1755	Government may provide financial assurance to establish proof of
1756	financial responsibility with the department in lieu of the
1757	requirements of subsection (2) (3). An owner or operator of any
1758	other landfill, or any other solid waste management facility
1759	designated by department rule, shall provide financial assurance
1760	to the department for the closure of the facility. Such
1761	financial assurance proof may include surety bonds, certificates
1762	of deposit, securities, letters of credit, or other documents
1763	showing that the owner or operator has sufficient financial
1764	resources to cover, at a minimum, the costs of complying with
1765	applicable landfill closure requirements.  The owner or operator
1766	shall estimate such costs to the satisfaction of the department.
1767	(4)(5)  This section does not repeal, limit, or abrogate
1768	any other law authorizing local governments to fix, levy, or
1769	charge rates, fees, or charges for the purpose of complying with
1770	state and federal landfill closure requirements.
1771	(5)(6)  The department shall adopt rules to implement this
1772	section.
1773	Section 21.  Section 403.716, Florida Statutes, is amended
1774	to read:
1775	403.716  Training of operators of solid waste management
1776	and other facilities.--
1777	(1)  The department shall establish qualifications for, and
1778	encourage the development of training programs for, operators of
1779	landfills, coordinators of local recycling programs, operators
1780	of waste-to-energy facilities, biomedical waste incinerators,
1781	and mobile soil thermal treatment units or facilities, and
1782	operators of other solid waste management facilities.
1783	(2)  The department shall work with accredited community
1784	colleges, career centers, state universities, and private
1785	institutions in developing educational materials, courses of
1786	study, and other such information to be made available for
1787	persons seeking to be trained as operators of solid waste
1788	management facilities.
1789	(3)  A person may not perform the duties of an operator of
1790	a landfill, or perform the duties of an operator of a waste-to-
1791	energy facility, biomedical waste incinerator, or mobile soil
1792	thermal treatment unit or facility, unless she or he has
1793	completed an operator training course approved by the department
1794	or she or he has qualified as an interim operator in compliance
1795	with requirements established by the department by rule.  An
1796	owner of a landfill, waste-to-energy facility, biomedical waste
1797	incinerator, or mobile soil thermal treatment unit or facility
1798	may not employ any person to perform the duties of an operator
1799	unless such person has completed an approved landfill, waste-to-
1800	energy facility, biomedical waste incinerator, or mobile soil
1801	thermal treatment unit or facility operator training course, as
1802	appropriate, or has qualified as an interim operator in
1803	compliance with requirements established by the department by
1804	rule.  The department may establish by rule operator training
1805	requirements for other solid waste management facilities and
1806	facility operators.
1807	(4)  The department has authority to adopt minimum
1808	standards and other rules pursuant to ss. 120.536(1) and 120.54
1809	to implement the provisions of this section. The department
1810	shall ensure the safe, healthy, and lawful operation of solid
1811	waste management facilities in this state.  The department may
1812	establish by rule various classifications for operators to cover
1813	the need for differing levels of training required to operate
1814	various types of solid waste management facilities due to
1815	different operating requirements at such facilities.
1816	(5)  For purposes of this section, the term "operator"
1817	means any person, including the owner, who is principally
1818	engaged in, and is in charge of, the actual operation,
1819	supervision, and maintenance of a solid waste management
1820	facility and includes the person in charge of a shift or period
1821	of operation during any part of the day.
1822	Section 22.  Section 403.717, Florida Statutes, is amended
1823	to read:
1824	403.717  Waste tire and lead-acid battery requirements.--
1825	(1)  For purposes of this section and ss. 403.718 and
1826	403.7185:
1827	(a)  "Department" means the Department of Environmental
1828	Protection.
1829	(b)  "Motor vehicle" means an automobile, motorcycle,
1830	truck, trailer, semitrailer, truck tractor and semitrailer
1831	combination, or any other vehicle operated in this state, used
1832	to transport persons or property and propelled by power other
1833	than muscular power, but the term does not include traction
1834	engines, road rollers, such vehicles as run only upon a track,
1835	bicycles, mopeds, or farm tractors and trailers.
1836	(c)  "Tire" means a continuous solid or pneumatic rubber
1837	covering encircling the wheel of a motor vehicle.
1838	(d)  "Waste tire" means a tire that has been removed from a
1839	motor vehicle and has not been retreaded or regrooved. "Waste
1840	tire" includes, but is not limited to, used tires and processed
1841	tires. The term does not include solid rubber tires and tires
1842	that are inseparable from the rim.
1843	(e)  "Waste tire collection center" means a site where
1844	waste tires are collected from the public prior to being offered
1845	for recycling and where fewer than 1,500 tires are kept on the
1846	site on any given day.
1847	(f)  "Waste tire processing facility" means a site where
1848	equipment is used to treat waste tires mechanically, chemically,
1849	or thermally so that the resulting material is a marketable
1850	product or is suitable for proper disposal recapture reusable
1851	byproducts from waste tires or to cut, burn, or otherwise alter
1852	waste tires so that they are no longer whole. The term includes
1853	mobile waste tire processing equipment.
1854	(g)  "Waste tire site" means a site at which 1,500 or more
1855	waste tires are accumulated.
1856	(h)  "Lead-acid battery" means a those lead-acid battery
1857	batteries designed for use in motor vehicles, vessels, and
1858	aircraft, and includes such batteries when sold new as a
1859	component part of a motor vehicle, vessel, or aircraft, but not
1860	when sold to recycle components.
1861	(i)  "Indoor" means within a structure that which excludes
1862	rain and public access and would control air flows in the event
1863	of a fire.
1864	(j)  "Processed tire" means a tire that has been treated
1865	mechanically, chemically, or thermally so that the resulting
1866	material is a marketable product or is suitable for proper
1867	disposal.
1868	(k)  "Used tire" means a waste tire which has a minimum
1869	tread depth of 3/32 inch or greater and is suitable for use on a
1870	motor vehicle.
1871	(2)  The owner or operator of any waste tire site shall
1872	provide the department with information concerning the site's
1873	location, size, and the approximate number of waste tires that
1874	are accumulated at the site and shall initiate steps to comply
1875	with subsection (3).
1876	(3)(a)  A person may not maintain a waste tire site unless
1877	such site is:
1878	1.  An integral part of the person's permitted waste tire
1879	processing facility; or
1880	2.  Used for the storage of waste tires prior to processing
1881	and is located at a permitted solid waste management facility.
1882	(b)  It is unlawful for any person to dispose of waste
1883	tires or processed tires in the state except at a permitted
1884	solid waste management facility.  Collection or storage of waste
1885	tires at a permitted waste tire processing facility or waste
1886	tire collection center prior to processing or use does not
1887	constitute disposal, provided that the collection and storage
1888	complies with rules established by the department.
1889	(c)  Whole waste tires may not be deposited in a landfill
1890	as a method of ultimate disposal.
1891	(d)  A person may not contract with a waste tire collector
1892	for the transportation, disposal, or processing of waste tires
1893	unless the collector is registered with the department or exempt
1894	from requirements provided under this section.  Any person who
1895	contracts with a waste tire collector for the transportation of
1896	more than 25 waste tires per month from a single business
1897	location must maintain records for that location and make them
1898	available for review by the department or by law enforcement
1899	officers, which records must contain the date when the tires
1900	were transported, the quantity of tires, the registration number
1901	of the collector, and the name of the driver.
1902	(4)  The department shall adopt rules to carry out the
1903	provisions of this section and s. 403.718. Such rules shall:
1904	(a)  Provide for the administration or revocation of waste
1905	tire processing facility permits, including mobile processor
1906	permits;
1907	(b)  Provide for the administration or revocation of waste
1908	tire collector registrations, the fees for which may not exceed
1909	$50 per vehicle registered annually;
1910	(c)  Provide for the administration or revocation of waste
1911	tire collection center permits, the fee for which may not exceed
1912	$250 annually;
1913	(d)  Set standards, including financial assurance
1914	standards, for waste tire processing facilities and associated
1915	waste tire sites, waste tire collection centers, waste tire
1916	collectors, and for the storage of waste tires and processed
1917	tires, including storage indoors;
1918	(e)  The department may by rule exempt not-for-hire waste
1919	tire collectors and processing facilities from financial
1920	assurance requirements;
1921	(f)  Authorize the final disposal of waste tires at a
1922	permitted solid waste disposal facility provided the tires have
1923	been cut into sufficiently small parts to assure their proper
1924	disposal; and
1925	(g)  Allow waste tire material which has been cut into
1926	sufficiently small parts to be used as daily cover material for
1927	a landfill.
1928	(5)  A permit is not required for tire storage at:
1929	(a)  A tire retreading business where fewer than 1,500
1930	waste tires are kept on the business premises;
1931	(b)  A business that, in the ordinary course of business,
1932	removes tires from motor vehicles if fewer than 1,500 of these
1933	tires are kept on the business premises; or
1934	(c)  A retail tire-selling business which is serving as a
1935	waste tire collection center if fewer than 1,500 waste tires are
1936	kept on the business premises.
1937	(5)(6)(a)  The department shall encourage the voluntary
1938	establishment of waste tire collection centers at retail tire-
1939	selling businesses, waste tire processing facilities, and solid
1940	waste disposal facilities, to be open to the public for the
1941	deposit of waste tires.
1942	(b)  The department is authorized to establish an
1943	incentives program for individuals to encourage them to return
1944	their waste tires to a waste tire collection center.  The
1945	incentives used by the department may involve the use of
1946	discount or prize coupons, prize drawings, promotional
1947	giveaways, or other activities the department determines will
1948	promote collection, reuse, volume reduction, and proper disposal
1949	of waste tires.
1950	(c)  The department may contract with a promotion company
1951	to administer the incentives program.
1952	Section 23.  Section 403.7221, Florida Statutes, is
1953	transferred, renumbered as section 403.70715, Florida Statutes,
1954	and is amended to read:
1955	403.70715 403.7221  Research, development, and
1956	demonstration permits.--
1957	(1)  The department may issue a research, development, and
1958	demonstration permit to the owner or operator of any solid waste
1959	management facility, including any hazardous waste management
1960	facility, who proposes to utilize an innovative and experimental
1961	solid waste treatment technology or process for which permit
1962	standards have not been promulgated.  Permits shall:
1963	(a)  Provide for construction and operation of the facility
1964	for not longer than 3 years 1 year, renewable no more than 3
1965	times.
1966	(b)  Provide for the receipt and treatment by the facility
1967	of only those types and quantities of solid waste which the
1968	department deems necessary for purposes of determining the
1969	performance capabilities of the technology or process and the
1970	effects of such technology or process on human health and the
1971	environment.
1972	(c)  Include requirements the department deems necessary
1973	which may include monitoring, operation, testing, financial
1974	responsibility, closure, and remedial action.
1975	(2)  The department may apply the criteria set forth in
1976	this section in establishing the conditions of each permit
1977	without separate establishment of rules implementing such
1978	criteria.
1979	(3)  For the purpose of expediting review and issuance of
1980	permits under this section, the department may, consistent with
1981	the protection of human health and the environment, modify or
1982	waive permit application and permit issuance requirements,
1983	except that there shall be no modification or waiver of
1984	regulations regarding financial responsibility or of procedures
1985	established regarding public participation.
1986	(4)  The department may order an immediate termination of
1987	all operations at the facility at any time upon a determination
1988	that termination is necessary to protect human health and the
1989	environment.
1990	Section 24.  Subsection (2) of section 403.201, Florida
1991	Statutes, is amended to read:
1992	403.201  Variances.--
1993	(2)  No variance shall be granted from any provision or
1994	requirement concerning discharges of waste into waters of the
1995	state or hazardous waste management which would result in the
1996	provision or requirement being less stringent than a comparable
1997	federal provision or requirement, except as provided in s.
1998	403.70715 s. 403.7221.
1999	Section 25.  Section 403.722, Florida Statutes, is amended
2000	to read:
2001	403.722  Permits; hazardous waste disposal, storage, and
2002	treatment facilities.--
2003	(1)  Each person who intends to or is required to
2004	construct, modify, operate, or close a hazardous waste disposal,
2005	storage, or treatment facility shall obtain a construction
2006	permit, operation permit, postclosure permit, clean closure plan
2007	approval, or corrective action permit from the department prior
2008	to constructing, modifying, operating, or closing the facility.
2009	By rule, the department may provide for the issuance of a single
2010	permit instead of any two or more hazardous waste facility
2011	permits.
2012	(2)  Any owner or operator of a hazardous waste facility in
2013	operation on the effective date of the department rule listing
2014	and identifying hazardous wastes shall file an application for a
2015	temporary operation permit within 6 months after the effective
2016	date of such rule.  The department, upon receipt of a properly
2017	completed application, shall identify any department rules which
2018	are being violated by the facility and shall establish a
2019	compliance schedule.  However, if the department determines that
2020	an imminent hazard exists, the department may take any necessary
2021	action pursuant to s. 403.726 to abate the hazard. The
2022	department shall issue a temporary operation permit to such
2023	facility within the time constraints of s. 120.60 upon
2024	submission of a properly completed application which is in
2025	conformance with this subsection. Temporary operation permits
2026	for such facilities shall be issued for up to 3 years only.
2027	Upon termination of the temporary operation permit and upon
2028	proper application by the facility owner or operator, the
2029	department shall issue an operation permit for such existing
2030	facilities if the applicant has corrected all of the
2031	deficiencies identified in the temporary operation permit and is
2032	in compliance with all other rules adopted pursuant to this act.
2033	(3)  Permit Applicants shall provide any information that
2034	which will enable the department to determine that the proposed
2035	construction, modification, operation, or closure, or corrective
2036	action will comply with this act and any applicable rules. In no
2037	instance shall any person construct, modify, operate, or close a
2038	facility or perform corrective actions at a facility in
2039	contravention of the standards, requirements, or criteria for a
2040	hazardous waste facility. Authorizations Permits issued under
2041	this section may include any permit conditions necessary to
2042	achieve compliance with applicable hazardous waste rules and
2043	necessary to protect human health and the environment.
2044	(4)  The department may require, in an a permit
2045	application, submission of information concerning matters
2046	specified in s. 403.721(6) as well as information respecting:
2047	(a)  Estimates of the composition, quantity, and
2048	concentration of any hazardous waste identified or listed under
2049	this act or combinations of any such waste and any other solid
2050	waste, proposed to be disposed of, treated, transported, or
2051	stored and the time, frequency, or rate at which such waste is
2052	proposed to be disposed of, treated, transported, or stored; and
2053	(b)  The site to which such hazardous waste or the products
2054	of treatment of such hazardous waste will be transported and at
2055	which it will be disposed of, treated, or stored.
2056	(5)  An authorization A permit issued pursuant to this
2057	section is not a vested right. The department may revoke or
2058	modify any such authorization permit.
2059	(a)  Authorizations Permits may be revoked for failure of
2060	the holder to comply with the provisions of this act, the terms
2061	of the authorization permit, the standards, requirements, or
2062	criteria adopted pursuant to this act, or an order of the
2063	department; for refusal by the holder to allow lawful
2064	inspection; for submission by the holder of false or inaccurate
2065	information in the permit application; or if necessary to
2066	protect the public health or the environment.
2067	(b)  Authorizations Permits may be modified, upon request
2068	of the holder permittee, if such modification is not in
2069	violation of this act or department rules or if the department
2070	finds the modification necessary to enable the facility to
2071	remain in compliance with this act and department rules.
2072	(c)  An owner or operator of a hazardous waste facility in
2073	existence on the effective date of a department rule changing an
2074	exemption or listing and identifying the hazardous wastes that
2075	which require that facility to be permitted who notifies the
2076	department pursuant to s. 403.72, and who has applied for a
2077	permit pursuant to subsection (2), may continue to operate until
2078	be issued a temporary operation permit. If such owner or
2079	operator intends to or is required to discontinue operation, the
2080	temporary operation permit must include final closure
2081	conditions.
2082	(6)  A hazardous waste facility permit issued pursuant to
2083	this section shall satisfy the permit requirements of s.
2084	403.707(1).  The permit exemptions provided in s. 403.707(2)
2085	shall not apply to hazardous waste.
2086	(7)  The department may establish permit application
2087	procedures for hazardous waste facilities, which procedures may
2088	vary based on differences in amounts, types, and concentrations
2089	of hazardous waste and on differences in the size and location
2090	of facilities and which procedures may take into account
2091	permitting procedures of other laws not in conflict with this
2092	act.
2093	(8)  For authorizations permits required by this section,
2094	the department may require that a fee be paid and may establish,
2095	by rule, a fee schedule based on the degree of hazard and the
2096	amount and type of hazardous waste disposed of, stored, or
2097	treated at the facility.
2098	(9)  It shall not be a requirement for the issuance of such
2099	a hazardous waste authorization permit that the facility
2100	complies with an adopted local government comprehensive plan,
2101	local land use ordinances, zoning ordinances or regulations, or
2102	other local ordinances. However, such an authorization a permit
2103	issued by the department shall not override adopted local
2104	government comprehensive plans, local land use ordinances,
2105	zoning ordinances or regulations, or other local ordinances.
2106	(10)  Notwithstanding ss. 120.60(1) and 403.815:
2107	(a)  The time specified by law for permit review shall be
2108	tolled by the request of the department for publication of
2109	notice of proposed agency action to issue a permit for a
2110	hazardous waste treatment, storage, or disposal facility and
2111	shall resume 45 days after receipt by the department of proof of
2112	publication.  If, within 45 days after publication of the notice
2113	of the proposed agency action, the department receives written
2114	notice of opposition to the intention of the agency to issue
2115	such permit and receives a request for a hearing, the department
2116	shall provide for a hearing pursuant to ss. 120.569 and 120.57,
2117	if requested by a substantially affected party, or an informal
2118	public meeting, if requested by any other person.  The failure
2119	to request a hearing within 45 days after publication of the
2120	notice of the proposed agency action constitutes a waiver of the
2121	right to a hearing under ss. 120.569 and 120.57.  The permit
2122	review time period shall continue to be tolled until the
2123	completion of such hearing or meeting and shall resume within 15
2124	days after conclusion of a public hearing held on the
2125	application or within 45 days after the recommended order is
2126	submitted to the agency and the parties, whichever is later.
2127	(b)  Within 60 days after receipt of an application for a
2128	hazardous waste facility permit, the department shall examine
2129	the application, notify the applicant of any apparent errors or
2130	omissions, and request any additional information the department
2131	is permitted by law to require.  The failure to correct an error
2132	or omission or to supply additional information shall not be
2133	grounds for denial of the permit unless the department timely
2134	notified the applicant within the 60-day period, except that
2135	this paragraph does not prevent the department from denying an
2136	application if the department does not possess sufficient
2137	information to ensure that the facility is in compliance with
2138	applicable statutes and rules.
2139	(c)  The department shall approve or deny each hazardous
2140	waste facility permit within 135 days after receipt of the
2141	original application or after receipt of the requested
2142	additional information or correction of errors or omissions.
2143	However, the failure of the department to approve or deny within
2144	the 135-day time period does not result in the automatic
2145	approval or denial of the permit and does not prevent the
2146	inclusion of specific permit conditions which are necessary to
2147	ensure compliance with applicable statutes and rules. If the
2148	department fails to approve or deny the permit within the 135-
2149	day period, the applicant may petition for a writ of mandamus to
2150	compel the department to act consistently with applicable
2151	regulatory requirements.
2152	(11)  Hazardous waste facility operation permits shall be
2153	issued for no more than 5 years.
2154	(12)  On the same day of filing with the department of an
2155	application for a permit for the construction modification, or
2156	operation of a hazardous waste facility, the applicant shall
2157	notify each city and county within 1 mile of the facility of the
2158	filing of the application and shall publish notice of the filing
2159	of the application. The applicant shall publish a second notice
2160	of the filing within 14 days after the date of filing. Each
2161	notice shall be published in a newspaper of general circulation
2162	in the county in which the facility is located or is proposed to
2163	be located. Notwithstanding the provisions of chapter 50, for
2164	purposes of this section, a "newspaper of general circulation"
2165	shall be the newspaper within the county in which the
2166	installation or facility is proposed which has the largest daily
2167	circulation in that county and has its principal office in that
2168	county. If the newspaper with the largest daily circulation has
2169	its principal office outside the county, the notice shall appear
2170	in both the newspaper with the largest daily circulation in that
2171	county, and a newspaper authorized to publish legal notices in
2172	that county. The notice shall contain:
2173	(a)  The name of the applicant and a brief description of
2174	the project and its location.
2175	(b)  The location of the application file and when it is
2176	available for public inspection.
2177
2178	The notice shall be prepared by the applicant and shall comply
2179	with the following format:
2180
2181	Notice of Application
2182	The Department of Environmental Protection announces receipt of
2183	an application for a permit from   (name of applicant)   to
2184	(brief description of project)  . This proposed project will be
2185	located at   (location)   in   (county)     (city)  .
2186
2187	This application is being processed and is available for public
2188	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
2189	Monday through Friday, except legal holidays, at   (name and
2190	address of office)  .
2191
2192	(13)  A permit for the construction, modification, or
2193	operation of a hazardous waste facility which initially was
2194	issued under authority of this section, may not be transferred
2195	by the permittee to any other entity, except in conformity with
2196	the requirements of this subsection.
2197	(a)  At least 30 days prior to the sale or legal transfer
2198	of a permitted facility, the permittee shall file with the
2199	department an application for transfer of the permits on such
2200	form as the department shall establish by rule.  The form must
2201	be completed with the notarized signatures of both the
2202	transferring permittee and the proposed permittee.
2203	(b)  The department shall approve the transfer of a permit
2204	unless it determines that the proposed permittee has not
2205	provided reasonable assurances that the proposed permittee has
2206	the administrative, technical, and financial capability to
2207	properly satisfy the requirements and conditions of the permit,
2208	as determined by department rule.  The determination shall be
2209	limited solely to the ability of the proposed permittee to
2210	comply with the conditions of the existing permit, and it shall
2211	not concern the adequacy of the permit conditions.  If the
2212	department proposes to deny the transfer, it shall provide both
2213	the transferring permittee and the proposed permittee a written
2214	objection to such transfer together with notice of a right to
2215	request a proceeding on such determination under chapter 120.
2216	(c)  Within 90 days after receiving a properly completed
2217	application for transfer of permit, the department shall issue a
2218	final determination. The department may toll the time for making
2219	a determination on the transfer by notifying both the
2220	transferring permittee and the proposed permittee that
2221	additional information is required to adequately review the
2222	transfer request. Such notification shall be served within 30
2223	days after receipt of an application for transfer of permit,
2224	completed pursuant to paragraph (a). However, the failure of the
2225	department to approve or deny within the 90-day time period does
2226	not result in the automatic approval or denial of the transfer.
2227	If the department fails to approve or deny the transfer within
2228	the 90-day period, the applicant may petition for a writ of
2229	mandamus to compel the department to act consistently with
2230	applicable regulatory requirements.
2231	(d)  The transferring permittee is encouraged to apply for
2232	a permit transfer well in advance of the sale or legal transfer
2233	of a permitted facility.  However, the transfer or the permit
2234	shall not be effective prior to the sale or legal transfer of
2235	the facility.
2236	(e)  Until the transfer of the permit is approved by the
2237	department, the transferring permittee and any other person
2238	constructing, operating, or maintaining the permitted facility
2239	shall be liable for compliance with the terms of the permit.
2240	Nothing in this section shall relieve the transferring permittee
2241	of liability for corrective actions that may be required as a
2242	result of any violations occurring prior to the legal transfer
2243	of the permit.
2244	Section 26.  Subsection (2) of section 403.7226, Florida
2245	Statutes, is amended to read:
2246	403.7226  Technical assistance by the department.--The
2247	department shall:
2248	(2)  Identify short-term needs and long-term needs for
2249	hazardous waste management for the state on the basis of the
2250	information gathered through the local hazardous waste
2251	management assessments and other information from state and
2252	federal regulatory agencies and sources. The state needs
2253	assessment must be ongoing and must be updated when new data
2254	concerning waste generation and waste management technologies
2255	become available. The department shall annually send a copy of
2256	this assessment to the Governor and to the Legislature.
2257	Section 27.  Subsection (3) of section 403.724, Florida
2258	Statutes, is amended to read:
2259	403.724  Financial responsibility.--
2260	(3)  The amount of financial responsibility required shall
2261	be approved by the department upon each issuance, renewal, or
2262	modification of a hazardous waste facility authorization permit.
2263	Such factors as inflation rates and changes in operation may be
2264	considered when approving financial responsibility for the
2265	duration of the authorization permit. The Office of Insurance
2266	Regulation of the Department of Financial Services Commission
2267	shall be available to assist the department in making this
2268	determination. In approving or modifying the amount of financial
2269	responsibility, the department shall consider:
2270	(a)  The amount and type of hazardous waste involved;
2271	(b)  The probable damage to human health and the
2272	environment;
2273	(c)  The danger and probable damage to private and public
2274	property near the facility;
2275	(d)  The probable time that the hazardous waste and
2276	facility involved will endanger the public health, safety, and
2277	welfare or the environment; and
2278	(e)  The probable costs of properly closing the facility
2279	and performing corrective action.
2280	Section 28.  Section 403.7255, Florida Statutes, is amended
2281	to read:
2282	403.7255  Placement of signs Department to adopt rules.--
2283	(1)  The department shall adopt rules which establish
2284	requirements and procedures for the placement of Signs must be
2285	placed by the owner or operator at sites which may have been
2286	contaminated by hazardous wastes. Sites shall include any site
2287	in the state which that is listed or proposed for listing on the
2288	Superfund Site List of the United States Environmental
2289	Protection Agency or any site identified by the department as a
2290	suspected or confirmed contaminated site contaminated by
2291	hazardous waste where there is may be a risk of exposure to the
2292	public. The requirements of this section shall not apply to
2293	sites reported under ss. 376.3071 and 376.3072. The department
2294	shall establish requirements and procedures for the placement of
2295	signs, and may do so in rules, permits, orders, or other
2296	authorizations. The authorization rules shall establish the
2297	appropriate size for such signs, which size shall be no smaller
2298	than 2 feet by 2 feet, and shall provide in clearly legible
2299	print appropriate warning language for the waste or other
2300	materials at the site and a telephone number which may be called
2301	for further information.
2302	(2)  Violations of this act are punishable as provided in
2303	s. 403.161(4).
2304	(3)  The provisions of this act are independent of and
2305	cumulative to any other requirements and remedies in this
2306	chapter or chapter 376, or any rules promulgated thereunder.
2307	Section 29.  Subsection (5) of section 403.726, Florida
2308	Statutes, is amended to read:
2309	403.726  Abatement of imminent hazard caused by hazardous
2310	substance.--
2311	(5)  The department may issue a permit or order requiring
2312	prompt abatement of an imminent hazard.
2313	Section 30.  Section 403.7265, Florida Statutes, is amended
2314	to read:
2315	403.7265  Local hazardous waste collection program.--
2316	(1)  The Legislature recognizes the need for local
2317	governments to establish local hazardous waste management
2318	programs and local collection centers throughout the state.
2319	Local hazardous waste management programs are to educate and
2320	assist small businesses and households in properly managing the
2321	hazardous waste they generate.  Local collection centers are to
2322	serve a purpose similar to the collection locations used in the
2323	amnesty days program described in s. 403.7264.  Such collection
2324	centers are to be operated to provide a service to homeowners,
2325	farmers, and conditionally exempt small quantity generators to
2326	encourage proper hazardous waste management.  Local collection
2327	centers will allow local governments the opportunity to provide
2328	a location for collection and temporary storage of small
2329	quantities of hazardous waste.  A private hazardous waste
2330	management company should be responsible for collecting the
2331	waste within 90 days for transfer to a permitted recycling,
2332	disposal, or treatment facility.  In time, local collection
2333	centers are to become privately operated businesses in order to
2334	reduce the burden of hazardous waste collection on local
2335	government.
2336	(2)  The department shall develop a statewide local
2337	hazardous waste management plan which will ensure comprehensive
2338	collection and proper management of hazardous waste from small
2339	quantity generators and household hazardous waste in Florida.
2340	The plan shall address, at a minimum, a network of local
2341	collection centers, transfer stations, and expanded hazardous
2342	waste collection route services.  The plan shall assess the need
2343	for additional compliance verification inspections, enforcement,
2344	and penalties.  The plan shall include a strategy, timetable,
2345	and budget for implementation.
2346	(2)(3)  For the purposes of this section, the phrase:
2347	(a)  "Collection center" means a secured site approved by
2348	the department to be used as a base for a hazardous waste
2349	collection facility.
2350	(b)  "Regional collection center" means a facility
2351	permitted by the department for the storage of hazardous wastes.
2352	(3)(4)  The department shall establish a grant program for
2353	local governments which desire to provide a local or regional
2354	hazardous waste collection center.  Grants shall be authorized
2355	to cover collection center costs associated with capital outlay
2356	for preparing a facility or site to safely serve as a collection
2357	center and to cover costs of administration, public awareness,
2358	and local amnesty days programs.  The total cost for
2359	administration and public awareness shall not exceed 10 percent
2360	of the grant award. Grants shall be available on a competitive
2361	basis to local governments which:
2362	(a)  Comply with the provisions of ss. 403.7225 and
2363	403.7264;
2364	(b)  Design a collection center which is approved by the
2365	department; and
2366	(c)  Provide up to 33 percent of the capital outlay money
2367	needed for the facility as matching money.
2368	(4)(5)  The maximum amount of a grant for any local
2369	government participating in the development of a collection
2370	center shall be $100,000.  If a regional collection facility is
2371	designed, each participating county shall be eligible for up to
2372	$100,000. The department is authorized to use up to 1 percent of
2373	the funds appropriated for the local hazardous waste collection
2374	center grant program for administrative costs and public
2375	education relating to proper hazardous waste management.
2376	(5)(6)  The department shall establish a cooperative
2377	collection center arrangement grant program enabling a local
2378	hazardous waste collection center grantee to receive a financial
2379	incentive for hosting an amnesty days program in a neighboring
2380	county that is currently unable to establish a permanent
2381	collection center, but desires a local hazardous waste
2382	collection. The grant may reimburse up to 75 percent of the
2383	neighboring county's amnesty days.  Grants shall be available,
2384	on a competitive basis, to local governments which:
2385	(a)  Have established operational hazardous waste
2386	collection centers and are willing to assume a host role,
2387	similar to that of the state in the amnesty days program
2388	described in s. 403.7264, in organizing a local hazardous waste
2389	collection in the neighboring county.
2390	(b)  Enter into, and jointly submit, an interlocal
2391	agreement outlining department-established duties for both the
2392	host local government and neighboring county.
2393	(6)(7)  The maximum amount for the cooperative collection
2394	center arrangement grant is $35,000, with a maximum amnesty days
2395	reimbursement of $25,000, and a limit of $10,000 for the host
2396	local government.  The host local government may receive up to
2397	$10,000 per cooperative collection center arrangement in
2398	addition to its maximum local hazardous waste collection center
2399	grant.
2400	(7)(8)  The department has the authority to establish an
2401	additional local project grant program enabling a local
2402	hazardous waste collection center grantee to receive funding for
2403	unique projects that improve the collection and lower the
2404	incidence of improper management of conditionally exempt or
2405	household hazardous waste.  Eligible local governments may
2406	receive up to $50,000 in grant funds for these unique and
2407	innovative projects, provided they match 25 percent of the grant
2408	amount. If the department finds that the project has statewide
2409	applicability and immediate benefits to other local hazardous
2410	waste collection programs in the state, matching funds are not
2411	required. This grant will not count toward the $100,000 maximum
2412	grant amount for development of a collection center.
2413	(8)(9)  The department has the authority to use grant funds
2414	authorized under this section to assist local governments in
2415	carrying out the responsibilities and programs specified in ss.
2416	403.7225, 403.7226, 403.7234, 403.7236, and 403.7238.
2417	Section 31.  Section 403.885, Florida Statutes, is amended
2418	to read:
2419	403.885  Water Projects Stormwater management; wastewater
2420	management; and Water Restoration Grant Program.--
2421	(1)  The Department of Environmental Protection shall
2422	administer a grant program to use funds transferred pursuant to
2423	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
2424	or other moneys as appropriated by the Legislature for
2425	stormwater management, wastewater management, and water
2426	restoration, and other water projects as specifically
2427	appropriated by the Legislature project grants. Eligible
2428	recipients of such grants include counties, municipalities,
2429	water management districts, and special districts that have
2430	legal responsibilities for water quality improvement, water
2431	management, storm water management, wastewater management, and
2432	lake and river water restoration projects. Drinking water
2433	projects are not eligible for funding pursuant to this section.
2434	(2)  The grant program shall provide for the evaluation of
2435	annual grant proposals. The department shall evaluate such
2436	proposals to determine if they:
2437	(a)  Protect public health and the environment.
2438	(b)  Implement plans developed pursuant to the Surface
2439	Water Improvement and Management Act created in part IV of
2440	chapter 373, other water restoration plans required by law,
2441	management plans prepared pursuant to s. 403.067, or other plans
2442	adopted by local government for water quality improvement and
2443	water restoration.
2444	(3)  In addition to meeting the criteria in subsection (2),
2445	annual grant proposals must also meet the following
2446	requirements:
2447	(a)  An application for a stormwater management project may
2448	be funded only if the application is approved by the water
2449	management district with jurisdiction in the project area.
2450	District approval must be based on a determination that the
2451	project provides a benefit to a priority water body.
2452	(b)  Except as provided in paragraph (c), an application
2453	for a wastewater management project may be funded only if:
2454	1.  The project has been funded previously through a line
2455	item in the General Appropriations Act; and
2456	2.  The project is under construction.
2457	(c)  An application for a wastewater management project
2458	that would qualify as a water pollution control project and
2459	activity in s. 403.1838 may be funded only if the project
2460	sponsor has submitted an application to the department for
2461	funding pursuant to that section.
2462	(4)  All project applicants must provide local matching
2463	funds as follows:
2464	(a)  An applicant for state funding of a stormwater
2465	management project shall provide local matching funds equal to
2466	at least 50 percent of the total cost of the project; and
2467	(b)  An applicant for state funding of a wastewater
2468	management project shall provide matching funds equal to at
2469	least 25 percent of the total cost of the project.
2470
2471	The requirement for matching funds may be waived if the
2472	applicant is a financially disadvantaged small local government
2473	as defined in subsection (5).
2474	(5)  Each fiscal year, at least 20 percent of the funds
2475	available pursuant to this section shall be used for projects to
2476	assist financially disadvantaged small local governments. For
2477	purposes of this section, the term "financially disadvantaged
2478	small local government" means a municipality having a population
2479	of 7,500 or less, a county having a population of 35,000 or
2480	less, according to the latest decennial census and a per capita
2481	annual income less than the state per capita annual income as
2482	determined by the United States Department of Commerce, or a
2483	county in an area designated by the Governor as a rural area of
2484	critical economic concern pursuant to s. 288.0656. Grants made
2485	to these eligible local governments shall not require matching
2486	local funds.
2487	(6)  Each year, stormwater management and wastewater
2488	management projects submitted for funding through the
2489	legislative process shall be submitted to the department by the
2490	appropriate fiscal committees of the House of Representatives
2491	and the Senate. The department shall review the projects and
2492	must provide each fiscal committee with a list of projects that
2493	appear to meet the eligibility requirements under this grant
2494	program.
2495	Section 32.  Paragraph (e) of subsection (3) of section
2496	373.1961, Florida Statutes, is amended to read:
2497	373.1961  Water production; general powers and duties;
2498	identification of needs; funding criteria; economic incentives;
2499	reuse funding.--
2500	(3)  FUNDING.--
2501	(e)  Applicants for projects that may receive funding
2502	assistance pursuant to the Water Protection and Sustainability
2503	Program shall, at a minimum, be required to pay 60 percent of
2504	the project's construction costs. The water management districts
2505	may, at their discretion, totally or partially waive this
2506	requirement for projects sponsored by financially disadvantaged
2507	small local governments as defined in s. 403.885(4). The water
2508	management districts or basin boards may, at their discretion,
2509	use ad valorem or federal revenues to assist a project applicant
2510	in meeting the requirements of this paragraph.
2511	Section 33.  Sections 403.7075, 403.756, 403.78, 403.781,
2512	403.782, 403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
2513	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
2514	403.789, 403.7891, 403.7892, 403.7893, and 403.7895, Florida
2515	Statutes, are repealed.
2516	Section 34.  (1)(a)  The Department of Environmental
2517	Protection shall conduct a study to determine the various
2518	sources of nitrogen input into the Wekiva River and associated
2519	springs contributing water to the river. The Department of
2520	Environmental Protection shall prepare a report recommending
2521	actions to be taken by the Department of Environmental
2522	Protection and the St. Johns Water Management District that will
2523	provide the best use of economic resources to reduce nitrogen
2524	input into the river and associated springs.
2525	(b)  The Department of Health shall contract with an
2526	independent entity for a study to determine the sources of
2527	nitrogen input from onsite sewage treatment and disposal systems
2528	into the Wekiva River and associated springs. The study shall
2529	measure the concentration of nitrates in the soil 10 feet and 20
2530	feet below the drainfield of the onsite sewage treatment and
2531	disposal systems. The contract shall require the entity to
2532	submit a report to the Department of Health describing the
2533	locations of such sources and the nitrate amounts contributed by
2534	such sources and containing recommendations to reduce or
2535	eliminate nitrogen input from such sources. Rulemaking required
2536	by s. 369.318(2), Florida Statutes, shall be suspended until the
2537	completion of this study.
2538	(c)  The Department of Environmental Protection and the
2539	Department of Health shall submit copies of the reports to the
2540	President of the Senate and the Speaker of the House of
2541	Representatives before the 2007 Regular Session of the
2542	Legislature.
2543	(2)  The Department of Health shall develop rules for a
2544	model proposal for the operation and maintenance of onsite
2545	sewage treatment and disposal systems within the Wekiva Study
2546	Area or the Wekiva River Protection Area. At a minimum, the
2547	rules shall require each property owner in the Wekiva Study Area
2548	or the Wekiva River Protection Area that has an onsite sewage
2549	treatment and disposal system to pump out the system at least
2550	once every 5 years.
2551	(3)  The sum of $250,000 is appropriated from the General
2552	Revenue Fund to the Department of Environmental Protection for
2553	the 2006-2007 fiscal year to be used by the department to
2554	conduct the study required under paragraph (1)(a).
2555	(4)  The sum of $250,000 is appropriated from the General
2556	Revenue Fund to the Department of Health for the 2006-2007
2557	fiscal year to be used by the department to contract for the
2558	independent study required under paragraph (1)(b).
2559	Section 35.  This act shall take effect July 1, 2006.
2560
2561
2562	======= T I T L E  A M E N D M E N T ==========
2563	Remove the entire title and insert:
2564	A bill to be entitled
2565	An act relating to environmental protection; amending s.
2566	403.413, F.S.; clarifying who is liable for dumping under
2567	the Florida Litter Law; amending s. 403.4131, F.S.;
2568	deleting the provisions relating to Keep Florida
2569	Beautiful, Inc.; providing that certain counties are
2570	encouraged to develop a regional approach to coordinating
2571	litter control and prevention programs; deleting certain
2572	requirements for a litter survey; placing the Wildflower
2573	Advisory Council under the control of the Department of
2574	Agriculture and Consumer Services; revising the duties of
2575	the council; amending s. 403.41315, F.S.; conforming
2576	provisions to changes made to the Keep Florida Beautiful,
2577	Inc., program; amending s. 403.4133, F.S.; placing the
2578	Adopt-a-Shore Program within the Department of
2579	Environmental Protection; amending s. 320.08058, F.S.;
2580	requiring that the proceeds of the fees paid for
2581	Wildflower license plates be distributed to the Department
2582	of Agriculture and Consumer Services; specifying uses of
2583	the proceeds; transferring the balance of such proceeds
2584	from Keep Florida Beautiful, Inc., to the Department of
2585	Agriculture and Consumer Services; amending s. 403.703,
2586	F.S.; reordering definitions in alphabetical order;
2587	clarifying certain definitions and deleting definitions
2588	that are not used; amending ss. 316.003, 377.709, and
2589	487.048, F.S.; conforming cross-references; amending s.
2590	403.704, F.S.; deleting certain obsolete provisions
2591	relating to the state solid waste management program;
2592	amending s. 403.7043, F.S.; deleting certain obsolete and
2593	conflicting provisions relating to compost standards;
2594	amending s. 403.7045, F.S.; providing that industrial
2595	byproducts are not regulated under certain circumstances;
2596	conforming a cross-reference; clarifying certain
2597	provisions governing dredged material; amending s.
2598	403.7061, F.S.; revising rulemaking authority; amending s.
2599	403.70611, F.S.; exempting certain Class I landfills from
2600	certain permit and regulation requirements; amending s.
2601	403.707, F.S.; clarifying the Department of Environmental
2602	Preservation's permit authority; deleting certain obsolete
2603	provisions; creating s. 403.7071, F.S.; providing for the
2604	management and disposal of storm-generated debris;
2605	amending s. 403.708, F.S.; deleting obsolete provisions
2606	and clarifying certain provisions governing landfills;
2607	amending s. 403.709, F.S.; revising the provisions
2608	relating to the distribution of the waste tire fees;
2609	amending s. 403.7095, F.S., relating to the solid waste
2610	management grant program; conforming a cross-reference;
2611	amending s. 403.7125, F.S.; deleting certain definitions
2612	that appear elsewhere in law and clarifying certain
2613	financial-disclosure provisions with respect to the
2614	closure of a landfill; amending s. 403.716, F.S.; deleting
2615	certain provisions relating to the training of certain
2616	facility operators; amending s. 403.717, F.S.; clarifying
2617	the provisions relating to waste tires and the processing
2618	of waste tires; transferring, renumbering, and amending s.
2619	403.7221, F.S.; increasing the duration of certain
2620	research, development, and demonstration permits; amending
2621	s. 403.201, F.S.; conforming a cross-reference; amending
2622	s. 403.722, F.S.; clarifying provisions relating to who is
2623	required to obtain certain hazardous waste permits;
2624	amending s. 403.7226, F.S.; deleting a provision requiring
2625	a report that is duplicative of other reports; amending s.
2626	403.724, F.S.; clarifying certain financial-responsibility
2627	provisions; amending s. 403.7255, F.S.; providing
2628	additional requirements regarding the public notification
2629	of certain contaminated sites; amending s. 403.726, F.S.;
2630	authorizing the Department of Environmental Protection to
2631	issue an order to abate certain hazards; amending s.
2632	403.7265, F.S.; requiring a local government to provide
2633	matching funds for certain grants; providing that matching
2634	funds are not required under certain conditions; amending
2635	s. 403.885, F.S.; revising grant program eligibility
2636	requirements for certain water management and restoration
2637	projects; eliminating requirements for certain funding and
2638	legislative review of such projects; amending s. 373.1961,
2639	F.S.; conforming a cross-reference; repealing s. 403.7075,
2640	F.S., relating to the submission of certain plans for
2641	solid waste management facilities; repealing s. 403.756,
2642	F.S., relating to an annual used-oil report; repealing ss.
2643	403.78, 403.781, 403.782, 403.783, 403.784, 403.7841,
2644	403.7842, 403.785, 403.786, 403.787, 403.7871, 403.7872,
2645	403.7873, 403.788, 403.7881, 403.789, 403.7891, 403.7892,
2646	403.7893, and 403.7895, F.S., relating to the Statewide
2647	Multipurpose Hazardous Waste Facility Siting Act;
2648	requiring the Department of Environmental Protection to
2649	conduct a study of the sources of nitrogen input into the
2650	Wekiva River and associated springs; requiring the
2651	Department of Health to contract for an independent study
2652	of the sources of nitrogen input from onsite sewage
2653	treatment and disposal systems into the Wekiva River and
2654	associated springs; requiring reports on such studies;
2655	providing report requirements; suspending certain
2656	department rulemaking until study completion; requiring
2657	the Department of Environmental Protection and the
2658	Department of Health to submit copies of the reports to
2659	the Legislature by a certain date; requiring the
2660	Department of Health to develop rules for a model proposal
2661	for the operation and maintenance of onsite sewage
2662	treatment and disposal systems in certain areas;
2663	specifying a rule criterion; providing appropriations;
2664	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.