HB 7133

CS

CHAMBER ACTION

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

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