HB 7119

1	A bill to be entitled
2	An act relating to solid waste; amending s. 320.08058,
3	F.S.; revising provisions relating to the distribution of
4	the fees paid for Florida Wildflower license plates to
5	conform to changes made by the act; specifying uses of the
6	proceeds; requiring that such proceeds be distributed to
7	the Department of Agriculture and Consumer Services under
8	certain circumstances; amending s. 403.413, F.S.;
9	clarifying who is liable for dumping under the Florida
10	Litter Law; amending s. 403.4131, F.S.; deleting the
11	provisions relating to Keep Florida Beautiful, Inc.;
12	encouraging additional counties to develop a regional
13	approach to coordinating litter control and prevention
14	programs; deleting certain requirements for litter
15	reduction and a litter survey; deleting the provisions
16	relating to the Wildflower Advisory Council; amending s.
17	403.41315, F.S.; conforming provisions to changes made to
18	the Keep Florida Beautiful, Inc., program; amending s.
19	403.4133, F.S.; placing the Adopt-a-Shore Program within
20	the Department of Environmental Protection; amending s.
21	403.703, F.S.; reordering definitions in alphabetical
22	order; clarifying certain definitions and deleting
23	definitions that are not used; amending s. 403.704, F.S.;
24	deleting obsolete provisions relating to the state solid
25	waste management program; amending s. 403.7043, F.S.;
26	deleting obsolete and conflicting provisions relating to
27	compost standards; amending s. 403.7045, F.S.; prohibiting
28	the regulation of industrial byproducts under certain
29	circumstances; conforming a cross-reference; clarifying
30	provisions governing dredged material; amending s.
31	403.705, F.S., relating to the state solid waste
32	management program; conforming a cross-reference; amending
33	s. 403.7061, F.S.; authorizing the Department of
34	Environmental Protection to initiate rulemaking regarding
35	waste-to-energy facilities; deleting a requirement to
36	initiate such rulemaking; amending s. 403.707, F.S.;
37	authorizing the Department of Environmental Preservation
38	to exempt certain facilities from the requirement for a
39	permit; authorizing the department to include certain
40	licenses in a permit; deleting certain obsolete
41	provisions; removing a requirement concerning groundwater
42	monitoring of certain facilities; extending the time
43	period for a public hearing when a local government seeks
44	to exempt certain material from the definition of
45	construction and demolition debris; specifying conditions,
46	following the transfer of ownership or control of a solid
47	waste facility, which must be met before the transferee
48	may operate the facility; specifying criteria concerning
49	an application to the Department of Environmental
50	Protection to transfer an operating permit for a solid
51	waste facility; specifying responsibilities for complying
52	with permit requirements, including financial-assurance
53	requirements, when ownership or control of a solid waste
54	facility is transferred; authorizing rulemaking by the
55	department; creating s. 403.7071, F.S.; providing for the
56	management and disposal of certain storm-generated debris;
57	amending s. 403.708, F.S.; deleting obsolete provisions
58	and clarifying provisions governing landfills; amending s.
59	403.709, F.S.; revising the provisions relating to the
60	distribution of the waste tire fees; providing for
61	expiration and enforcement of a lien on real property
62	concerning compliance with waste-tire requirements;
63	amending s. 403.7095, F.S.; revising provisions relating
64	to the solid waste management grant program; providing a
65	definition; specifying criteria for grant eligibility;
66	deleting an obsolete provision; conforming a cross-
67	reference; amending s. 403.7125, F.S.; deleting certain
68	definitions that appear elsewhere in law; clarifying
69	requirements concerning financial assurance for closure of
70	a landfill; amending s. 403.716, F.S.; deleting provisions
71	relating to the training and employment of certain
72	facility operators; amending s. 403.717, F.S.; clarifying
73	provisions relating to waste tires and the processing of
74	waste tires; transferring, renumbering, and amending s.
75	403.7221, F.S.; increasing the duration of certain
76	research, development, and demonstration permits;
77	authorizing issuance of such a permit to a hazardous waste
78	management facility; amending s. 403.722, F.S.; clarifying
79	provisions relating to who is required to obtain certain
80	hazardous waste permits; providing for operation or
81	closure of certain existing facilities that must, due to a
82	rule change, be permitted as hazardous waste facilities;
83	amending s. 403.7226, F.S.; deleting a requirement to
84	submit an annual state assessment concerning needs for
85	hazardous waste management; amending s. 403.724, F.S.;
86	clarifying certain financial assurance provisions;
87	amending s. 403.7255, F.S.; revising requirements
88	regarding signs to notify the public about hazardous waste
89	contamination of certain sites; amending s. 403.726, F.S.;
90	authorizing the Department of Environmental Protection to
91	issue an order to abate certain hazards; amending s.
92	403.7265, F.S.; deleting provisions requiring a statewide
93	local hazardous waste management plan; requiring a local
94	government to provide matching funds for grants concerning
95	conditionally exempt or household hazardous waste under
96	certain conditions; repealing s. 403.7075, F.S., relating
97	to the submission of a plan or application for certain
98	permits for a solid waste management facility; repealing
99	s. 403.756, F.S., relating to an annual used oil report;
100	repealing s. 403.7895, F.S., relating to permitting and a
101	certification of need for a commercial hazardous waste
102	incinerator; amending ss. 171.205, 316.003, 377.709, and
103	487.048, F.S.; conforming cross-references; repealing ss.
104	403.78, 403.781, 403.782, 403.783, 403.784, 403.7841,
105	403.7842, 403.785, 403.786, 403.787, 403.7871, 403.7872,
106	403.7873, 403.788, 403.7881, 403.789, 403.7891, 403.7892,
107	and 403.7893, F.S., relating to the Statewide Multipurpose
108	Hazardous Waste Facility Siting Act; providing an
109	effective date.
110
111	Be It Enacted by the Legislature of the State of Florida:
112
113	Section 1.  Subsection (28) of section 320.08058, Florida
114	Statutes, is amended to read:
115	320.08058  Specialty license plates.--
116	(28)  FLORIDA WILDFLOWER LICENSE PLATES.--
117	(a)  The department shall develop a Florida Wildflower
118	license plate as provided in this section. The word "Florida"
119	must appear at the top of the plate, and the words "State
120	Wildflower" and "coreopsis" must appear at the bottom of the
121	plate.
122	(b)  The annual use fees shall be distributed to the
123	Florida Wildflower Foundation, Inc., a nonprofit corporation
124	under s. 501(c)(3) of the Internal Revenue Code Wildflower
125	Account established by Keep Florida Beautiful, Inc., created by
126	s. 403.4131. The proceeds must be used to establish native
127	Florida wildflower research programs, wildflower educational
128	programs, and wildflower grant programs to municipal, county,
129	and community-based groups in this state.
130	1.  The Florida Wildflower Foundation, Inc., shall develop
131	procedures of operation, research contracts, education and
132	marketing programs, and wildflower-planting grants for Florida
133	native wildflowers, plants, and grasses.
134	2.  A maximum of 15 10 percent of the proceeds from the
135	sale of such plates may be used for administrative and marketing
136	costs.
137	3.  If the Florida Wildflower Foundation, Inc., ceases to
138	be an active nonprofit corporation under s. 501(c)(3) of the
139	Internal Revenue Code, the proceeds from the annual use fee
140	shall be deposited into the General Inspection Trust Fund
141	created within the Department of Agriculture and Consumer
142	Services. Any funds held by the Florida Wildflower Foundation,
143	Inc., must be promptly transferred to the General Inspection
144	Trust Fund. The Department of Agriculture and Consumer Services
145	shall use and administer the proceeds from the use fee in the
146	manner specified in this paragraph.
147	Section 2.  Subsection (4) of section 403.413, Florida
148	Statutes, is amended to read:
149	403.413  Florida Litter Law.--
150	(4)  DUMPING LITTER PROHIBITED.--Unless otherwise
151	authorized by law or permit, it is unlawful for any person to
152	dump litter in any manner or amount:
153	(a)  In or on any public highway, road, street, alley, or
154	thoroughfare, including any portion of the right-of-way thereof,
155	or any other public lands, except in containers or areas
156	lawfully provided therefor. When any litter is thrown or
157	discarded from a motor vehicle, the operator or owner of the
158	motor vehicle, or both, shall be deemed in violation of this
159	section;
160	(b)  In or on any freshwater lake, river, canal, or stream
161	or tidal or coastal water of the state, including canals. When
162	any litter is thrown or discarded from a boat, the operator or
163	owner of the boat, or both, shall be deemed in violation of this
164	section; or
165	(c)  In or on any private property, unless prior consent of
166	the owner has been given and unless the dumping of such litter
167	by such person will not cause a public nuisance or otherwise be
168	in violation of any other state or local law, rule, or
169	regulation.
170	Section 3.  Section 403.4131, Florida Statutes, is amended
171	to read:
172	403.4131  Litter control "Keep Florida Beautiful,
173	Incorporated"; placement of signs.--
174	(1)  It is the intent of the Legislature that a coordinated
175	effort of interested businesses, environmental and civic
176	organizations, and state and local agencies of government be
177	developed to plan for and assist in implementing solutions to
178	the litter and solid waste problems in this state and that the
179	state provide financial assistance for the establishment of a
180	nonprofit organization with the name of "Keep Florida Beautiful,
181	Incorporated," which shall be registered, incorporated, and
182	operated in compliance with chapter 617.  This nonprofit
183	organization shall coordinate the statewide campaign and operate
184	as the grassroots arm of the state's effort and shall serve as
185	an umbrella organization for volunteer-based community programs.
186	The organization shall be dedicated to helping Florida and its
187	local communities solve solid waste problems, to developing and
188	implementing a sustained litter prevention campaign, and to act
189	as a working public-private partnership in helping to implement
190	the state's Solid Waste Management Act. As part of this effort,
191	Keep Florida Beautiful, Incorporated, in cooperation with the
192	Environmental Education Foundation, shall strive to educate
193	citizens, visitors, and businesses about the important
194	relationship between the state's environment and economy.  Keep
195	Florida Beautiful, Incorporated, is encouraged to explore and
196	identify economic incentives to improve environmental
197	initiatives in the area of solid waste management. The
198	membership of the board of directors of this nonprofit
199	organization may include representatives of the following
200	organizations: the Florida League of Cities, the Florida
201	Association of Counties, the Governor's Office, the Florida
202	Chapter of the National Solid Waste Management Association, the
203	Florida Recyclers Association, the Center for Marine
204	Conservation, Chapter of the Sierra Club, the Associated
205	Industries of Florida, the Florida Soft Drink Association, the
206	Florida Petroleum Council, the Retail Grocers Association of
207	Florida, the Florida Retail Federation, the Pulp and Paper
208	Association, the Florida Automobile Dealers Association, the
209	Beer Industries of Florida, the Florida Beer Wholesalers
210	Association, and the Distilled Spirits Wholesalers.
211	(2)  As a partner working with government, business, civic,
212	environmental, and other organizations, Keep Florida Beautiful,
213	Incorporated, shall strive to assist the state and its local
214	communities by contracting for the development of a highly
215	visible antilitter campaign that, at a minimum, includes:
216	(a)  Coordinating with the Center for Marine Conservation
217	and the Center for Solid and Hazardous Waste Management to
218	identify components of the marine debris and litter stream and
219	groups that habitually litter.
220	(b)  Designing appropriate advertising to promote the
221	proper management of solid waste, with emphasis on educating
222	groups that habitually litter.
223	(c)  Fostering public awareness and striving to build an
224	environmental ethic in this state through the development of
225	educational programs that result in an understanding and in
226	action on the part of individuals and organizations about the
227	role they must play in preventing litter and protecting
228	Florida's environment.
229	(d)  Developing educational programs and materials that
230	promote the proper management of solid waste, including the
231	proper disposal of litter.
232	(e)  Administering grants provided by the state.  Grants
233	authorized under this section shall be subject to normal
234	department audit procedures and review.
235	(1)(3)  The Department of Transportation shall establish an
236	"adopt-a-highway" program to allow local organizations to be
237	identified with specific highway cleanup and highway
238	beautification projects authorized under s. 339.2405 and shall
239	coordinate such efforts with Keep Florida Beautiful, Inc.  The
240	department shall report to the Governor and the Legislature on
241	the progress achieved and the savings incurred by the "adopt-a-
242	highway" program. The department shall also monitor and report
243	on compliance with provisions of the adopt-a-highway program to
244	ensure that organizations that participate in the program comply
245	with the goals identified by the department.
246	(2)(4)  The Department of Transportation shall place signs
247	discouraging litter at all off-ramps of the interstate highway
248	system in the state.  The department shall place other highway
249	signs as necessary to discourage littering through use of the
250	antilitter program developed by Keep Florida Beautiful,
251	Incorporated.
252	(3)(5)  Each county is encouraged to initiate a litter
253	control and prevention program or to expand upon its existing
254	program.  The department shall establish a system of grants for
255	municipalities and counties to implement litter control and
256	prevention programs. In addition to the activities described in
257	subsection (1), such grants shall at a minimum be used for
258	litter cleanup, grassroots educational programs involving litter
259	removal and prevention, and the placement of litter and
260	recycling receptacles. Counties are encouraged to form working
261	public private partnerships as authorized under this section to
262	implement litter control and prevention programs at the
263	community level. The grants authorized pursuant to this section
264	shall be incorporated as part of the recycling and education
265	grants. Counties that have a population under 100,000 75,000 are
266	encouraged to develop a regional approach to administering and
267	coordinating their litter control and prevention programs.
268	(6)  The department may contract with Keep Florida
269	Beautiful, Incorporated, to help carry out the provisions of
270	this section.  All contracts authorized under this section are
271	subject to normal department audit procedures and review.
272	(7)  In order to establish continuity for the statewide
273	program, those local governments and community programs
274	receiving grants for litter prevention and control must use the
275	official State of Florida litter control or campaign symbol
276	adopted by Keep Florida Beautiful, Incorporated, for use on
277	various receptacles and program material.
278	(8)  The Legislature establishes a litter reduction goal of
279	50 percent reduction from the period January 1, 1994, to January
280	1, 1997.  The method of determination used to measure the
281	reduction in litter is the survey conducted by the Center for
282	Solid and Hazardous Waste Management.  The center shall consider
283	existing litter survey methodologies.
284	(9)  The Department of Environmental Protection shall
285	contract with the Center for Solid and Hazardous Waste
286	Management for an ongoing annual litter survey, the first of
287	which is to be conducted by January 1, 1994. The center shall
288	appoint a broad-based work group not to exceed seven members to
289	assist in the development and implementation of the survey.
290	Representatives from the university system, business,
291	government, and the environmental community shall be considered
292	by the center to serve on the work group. Final authority on
293	implementing and conducting the survey rests with the center.
294	The first survey is to be designed to serve as a baseline by
295	measuring the amount of current litter and marine debris, and is
296	to include a methodology for measuring the reduction in the
297	amount of litter and marine debris to determine the progress
298	toward the litter reduction goal established in subsection (8).
299	Annually thereafter, additional surveys are to be conducted and
300	must also include a methodology for measuring the reduction in
301	the amount of litter and for determining progress toward the
302	litter reduction goal established in subsection (8).
303	(10)(a)  There is created within Keep Florida Beautiful,
304	Inc., the Wildflower Advisory Council, consisting of a maximum
305	of nine members to direct and oversee the expenditure of the
306	Wildflower Account. The Wildflower Advisory Council shall
307	include a representative from the University of Florida
308	Institute of Food and Agricultural Sciences, the Florida
309	Department of Transportation, and the Florida Department of
310	Environmental Protection, the Florida League of Cities, and the
311	Florida Association of Counties. Other members of the committee
312	may include representatives from the Florida Federation of
313	Garden Clubs, Inc., Think Beauty Foundation, the Florida Chapter
314	of the American Society of Landscape Architects, Inc., and a
315	representative of the Master Gardener's Program.
316	(b)  The Wildflower Advisory Council shall develop
317	procedures of operation, research contracts, educational
318	programs, and wildflower planting grants for Florida native
319	wildflowers, plants, and grasses. The council shall also make
320	the final determination of what constitutes acceptable species
321	of wildflowers and other plantings supported by these programs.
322	Section 4.  Paragraphs (a) and (j) of subsection (2) of
323	section 403.41315, Florida Statutes, are amended to read:
324	403.41315  Comprehensive illegal dumping, litter, and
325	marine debris control and prevention.--
326	(2)  The comprehensive illegal dumping, litter, and marine
327	debris control and prevention program at a minimum must include
328	the following:
329	(a)  A local statewide public awareness and educational
330	campaign, coordinated by Keep Florida Beautiful, Incorporated,
331	to educate individuals, government, businesses, and other
332	organizations concerning the role they must assume in preventing
333	and controlling litter.
334	(j)  Other educational programs that are implemented at the
335	grassroots level coordinated through Keep Florida Beautiful,
336	Inc., involving volunteers and community programs that clean up
337	and prevent litter, including Youth Conservation Corps
338	activities.
339	Section 5.  Subsection (2) of section 403.4133, Florida
340	Statutes, is amended to read:
341	403.4133  Adopt-a-Shore Program.--
342	(2)  The Adopt-a-Shore Program shall be created within the
343	Department of Environmental Protection nonprofit organization
344	referred to in s. 403.4131(1), named Keep Florida Beautiful,
345	Incorporated. The program shall be designed to educate the
346	state's citizens and visitors about the importance of litter
347	prevention and shall include approaches and techniques to remove
348	litter from the state's shorelines.
349	Section 6.  Section 403.703, Florida Statutes, is amended
350	to read:
351	(Substantial rewording of section. See
352	s. 403.703, F.S., for present text.)
353	403.703  Definitions.--As used in this part, the term:
354	(1)  "Ash residue" has the same meaning as in the
355	department rule governing solid waste combustors which defines
356	the term.
357	(2)  "Biological waste" means solid waste that causes or
358	has the capability of causing disease or infection and includes,
359	but is not limited to, biomedical waste, diseased or dead
360	animals, and other wastes capable of transmitting pathogens to
361	humans or animals. The term does not include human remains that
362	are disposed of by persons licensed under chapter 497.
363	(3)  "Biomedical waste" means any solid waste or liquid
364	waste that may present a threat of infection to humans. The term
365	includes, but is not limited to, nonliquid human tissue and body
366	parts, laboratory and veterinary waste that contains human-
367	disease-causing agents, discarded disposable sharps, human blood
368	and human blood products and body fluids, and other materials
369	that in the opinion of the Department of Health represent a
370	significant risk of infection to persons outside the generating
371	facility. The term does not include human remains that are
372	disposed of by persons licensed under chapter 497.
373	(4)  "Clean debris" means any solid waste that is virtually
374	inert, that is not a pollution threat to groundwater or surface
375	waters, that is not a fire hazard, and that is likely to retain
376	its physical and chemical structure under expected conditions of
377	disposal or use. The term includes uncontaminated concrete,
378	including embedded pipe or steel, brick, glass, ceramics, and
379	other wastes designated by the department.
380	(5)  "Closure" means the cessation of operation of a solid
381	waste management facility and the act of securing such facility
382	so that it will pose no significant threat to human health or
383	the environment and includes long-term monitoring and
384	maintenance of a facility if required by department rule.
385	(6)  "Construction and demolition debris" means discarded
386	materials generally considered to be not water soluble and
387	nonhazardous in nature, including, but not limited to, steel,
388	glass, brick, concrete, asphalt roofing material, pipe, gypsum
389	wallboard, and lumber, from the construction or destruction of a
390	structure as part of a construction or demolition project or
391	from the renovation of a structure, and includes rocks, soils,
392	tree remains, trees, and other vegetative matter that normally
393	results from land clearing or land development operations for a
394	construction project, including such debris from construction of
395	structures at a site remote from the construction or demolition
396	project site. Mixing of construction and demolition debris with
397	other types of solid waste will cause the resulting mixture to
398	be classified as other than construction and demolition debris.
399	The term also includes:
400	(a)  Clean cardboard, paper, plastic, wood, and metal
401	scraps from a construction project;
402	(b)  Except as provided in s. 403.707(9)(j), yard trash and
403	unpainted, nontreated wood scraps and wood pallets from sources
404	other than construction or demolition projects;
405	(c)  Scrap from manufacturing facilities which is the type
406	of material generally used in construction projects and which
407	would meet the definition of construction and demolition debris
408	if it were generated as part of a construction or demolition
409	project. This includes debris from the construction of
410	manufactured homes and scrap shingles, wallboard, siding
411	concrete, and similar materials from industrial or commercial
412	facilities; and
413	(d)  De minimis amounts of other nonhazardous wastes that
414	are generated at construction or destruction projects, provided
415	such amounts are consistent with best management practices of
416	the industry.
417	(7)  "County," or any like term, means a political
418	subdivision of the state established pursuant to s. 1, Art. VIII
419	of the State Constitution and, when s. 403.706(19) applies,
420	means a special district or other entity.
421	(8)  "Department" means the Department of Environmental
422	Protection or any successor agency performing a like function.
423	(9)  "Disposal" means the discharge, deposit, injection,
424	dumping, spilling, leaking, or placing of any solid waste or
425	hazardous waste into or upon any land or water so that such
426	solid waste or hazardous waste or any constituent thereof may
427	enter other lands or be emitted into the air or discharged into
428	any waters, including groundwaters, or otherwise enter the
429	environment.
430	(10)  "Generation" means the act or process of producing
431	solid or hazardous waste.
432	(11)  "Guarantor" means any person, other than the owner or
433	operator, who provides evidence of financial responsibility for
434	an owner or operator under this part.
435	(12)  "Hazardous substance" means any substance that is
436	defined as a hazardous substance in the United States
437	Comprehensive Environmental Response, Compensation, and
438	Liability Act of 1980, 94 Stat. 2767.
439	(13)  "Hazardous waste" means solid waste, or a combination
440	of solid wastes, which, because of its quantity, concentration,
441	or physical, chemical, or infectious characteristics, may cause,
442	or significantly contribute to, an increase in mortality or an
443	increase in serious irreversible or incapacitating reversible
444	illness or may pose a substantial present or potential hazard to
445	human health or the environment when improperly transported,
446	disposed of, stored, treated, or otherwise managed. The term
447	does not include human remains that are disposed of by persons
448	licensed under chapter 497.
449	(14)  "Hazardous waste facility" means any building, site,
450	structure, or equipment at or by which hazardous waste is
451	disposed of, stored, or treated.
452	(15)  "Hazardous waste management" means the systematic
453	control of the collection, source separation, storage,
454	transportation, processing, treatment, recovery, recycling, and
455	disposal of hazardous waste.
456	(16)  "Land disposal" means any placement of hazardous
457	waste in or on the land and includes, but is not limited to,
458	placement in a landfill, surface impoundment, waste pile,
459	injection well, land treatment facility, salt bed formation,
460	salt dome formation, or underground mine or cave, or placement
461	in a concrete vault or bunker intended for disposal purposes.
462	(17)  "Landfill" means any solid waste land disposal area
463	for which a permit, other than a general permit, is required by
464	s. 403.707 and which receives solid waste for disposal in or
465	upon land. The term does not include a land-spreading site, an
466	injection well, a surface impoundment, or a facility for the
467	disposal of construction and demolition debris.
468	(18)  "Manifest" means the recordkeeping system used for
469	identifying the concentration, quantity, composition, origin,
470	routing, and destination of hazardous waste during its
471	transportation from the point of generation to the point of
472	disposal, storage, or treatment.
473	(19)  "Materials recovery facility" means a solid waste
474	management facility that provides for the extraction from solid
475	waste of recyclable materials, materials suitable for use as a
476	fuel or soil amendment, or any combination of such materials.
477	(20)  "Municipality," or any like term, means a
478	municipality created pursuant to general or special law
479	authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
480	the State Constitution and, when s. 403.706(19) applies, means a
481	special district or other entity.
482	(21)  "Operation," with respect to any solid waste
483	management facility, means the disposal, storage, or processing
484	of solid waste at and by the facility.
485	(22)  "Person" means any and all persons, natural or
486	artificial, including any individual, firm, or association; any
487	municipal or private corporation organized or existing under the
488	laws of this state or any other state; any county of this state;
489	and any governmental agency of this state or the Federal
490	Government.
491	(23)  "Processing" means any technique designed to change
492	the physical, chemical, or biological character or composition
493	of any solid waste so as to render it safe for transport;
494	amenable to recovery, storage, or recycling; safe for disposal;
495	or reduced in volume or concentration.
496	(24)  "Recovered materials" means metal, paper, glass,
497	plastic, textile, or rubber materials that have known recycling
498	potential, can be feasibly recycled, and have been diverted and
499	source separated or have been removed from the solid waste
500	stream for sale, use, or reuse as raw materials, whether or not
501	the materials require subsequent processing or separation from
502	each other, but the term does not include materials destined for
503	any use that constitutes disposal. Recovered materials as
504	described in this subsection are not solid waste.
505	(25)  "Recovered materials processing facility" means a
506	facility engaged solely in the storage, processing, resale, or
507	reuse of recovered materials. Such a facility is not a solid
508	waste management facility if it meets the conditions of s.
509	403.7045(1)(e).
510	(26)  "Recyclable material" means those materials that are
511	capable of being recycled and that would otherwise be processed
512	or disposed of as solid waste.
513	(27)  "Recycling" means any process by which solid waste,
514	or materials that would otherwise become solid waste, are
515	collected, separated, or processed and reused or returned to use
516	in the form of raw materials or products.
517	(28)  "Resource recovery" means the process of recovering
518	materials or energy from solid waste, excluding those materials
519	or solid waste under the control of the Nuclear Regulatory
520	Commission.
521	(29)  "Resource recovery equipment" means equipment or
522	machinery exclusively and integrally used in the actual process
523	of recovering material or energy resources from solid waste.
524	(30)  "Sludge" includes the accumulated solids, residues,
525	and precipitates generated as a result of waste treatment or
526	processing, including wastewater treatment, water-supply
527	treatment, or operation of an air pollution control facility,
528	and mixed liquids and solids pumped from septic tanks, grease
529	traps, privies, or similar waste disposal appurtenances.
530	(31)  "Solid waste" means sludge unregulated under the
531	federal Clean Water Act or Clean Air Act, sludge from a waste
532	treatment works, water supply treatment plant, or air pollution
533	control facility, or garbage, rubbish, refuse, special waste, or
534	other discarded material, including solid, liquid, semisolid, or
535	contained gaseous material resulting from domestic, industrial,
536	commercial, mining, agricultural, or governmental operations.
537	Recovered materials as defined in subsection (24) are not solid
538	waste.
539	(32)  "Solid waste disposal facility" means any solid waste
540	management facility that is the final resting place for solid
541	waste, including landfills and incineration facilities that
542	produce ash from the process of incinerating municipal solid
543	waste.
544	(33)  "Solid waste management" means the process by which
545	solid waste is collected, transported, stored, separated,
546	processed, or disposed of in any other way according to an
547	orderly, purposeful, and planned program, which includes
548	closure.
549	(34)  "Solid waste management facility" means any solid
550	waste disposal area, volume reduction plant, transfer station,
551	materials recovery facility, or other facility, the purpose of
552	which is resource recovery or the disposal, recycling,
553	processing, or storage of solid waste.  The term does not
554	include recovered materials processing facilities that meet the
555	requirements of s. 403.7046, except the portion of such
556	facilities, if any, which is used for the management of solid
557	waste.
558	(35)  "Source separated" means that the recovered materials
559	are separated from solid waste at the location where the
560	recovered materials and solid waste are generated. The term does
561	not require that various types of recovered materials be
562	separated from each other, and recognizes de minimis solid
563	waste, in accordance with industry standards and practices, may
564	be included in the recovered materials. Materials are not
565	considered source-separated when two or more types of recovered
566	materials are deposited in combination with each other in a
567	commercial collection container located where the materials are
568	generated and when such materials contain more than 10 percent
569	solid waste by volume or weight. For purposes of this
570	subsection, the term "various types of recovered materials"
571	means metals, paper, glass, plastic, textiles, and rubber.
572	(36)  "Special wastes" means solid wastes that can require
573	special handling and management, including, but not limited to,
574	white goods, waste tires, used oil, lead-acid batteries,
575	construction and demolition debris, ash residue, yard trash, and
576	biological wastes.
577	(37)  "Storage" means the containment or holding of
578	hazardous waste, either on a temporary basis or for a period of
579	years, in such a manner as not to constitute disposal of such
580	hazardous waste.
581	(38)  "Transfer station" means a site the primary purpose
582	of which is to store or hold solid waste for transport to a
583	processing or disposal facility.
584	(39)  "Transport" means the movement of hazardous waste
585	from the point of generation or point of entry into the state to
586	any offsite intermediate points and to the point of offsite
587	ultimate disposal, storage, treatment, or exit from the state.
588	(40)  "Treatment," when used in connection with hazardous
589	waste, means any method, technique, or process, including
590	neutralization, which is designed to change the physical,
591	chemical, or biological character or composition of any
592	hazardous waste so as to neutralize it or render it
593	nonhazardous, safe for transport, amenable to recovery, amenable
594	to storage or disposal, or reduced in volume or concentration.
595	The term includes any activity or processing that is designed to
596	change the physical form or chemical composition of hazardous
597	waste so as to render it nonhazardous.
598	(41)  "Volume reduction plant" includes incinerators,
599	pulverizers, compactors, shredding and baling plants, composting
600	plants, and other plants that accept and process solid waste for
601	recycling or disposal.
602	(42)  "White goods" includes discarded air conditioners,
603	heaters, refrigerators, ranges, water heaters, freezers, and
604	other similar domestic and commercial large appliances.
605	(43)  "Yard trash" means vegetative matter resulting from
606	landscaping maintenance and land clearing operations and
607	includes associated rocks and soils.
608	Section 7.  Section 403.704, Florida Statutes, is amended
609	to read:
610	403.704  Powers and duties of the department.--The
611	department shall have responsibility for the implementation and
612	enforcement of the provisions of this act. In addition to other
613	powers and duties, the department shall:
614	(1)  Develop and implement, in consultation with local
615	governments, a state solid waste management program, as defined
616	in s. 403.705, and update the program at least every 3 years. In
617	developing rules to implement the state solid waste management
618	program, the department shall hold public hearings around the
619	state and shall give notice of such public hearings to all local
620	governments and regional planning agencies.
621	(2)  Provide technical assistance to counties,
622	municipalities, and other persons, and cooperate with
623	appropriate federal agencies and private organizations in
624	carrying out the provisions of this act.
625	(3)  Promote the planning and application of recycling and
626	resource recovery systems which preserve and enhance the quality
627	of the air, water, and other natural resources of the state and
628	assist in and encourage, where appropriate, the development of
629	regional solid waste management facilities.
630	(4)  Serve as the official state representative for all
631	purposes of the federal Solid Waste Disposal Act, as amended by
632	Pub. L. No. 91-512, or as subsequently amended.
633	(5)  Use private industry or the State University System
634	through contractual arrangements for implementation of some or
635	all of the requirements of the state solid waste management
636	program and for such other activities as may be considered
637	necessary, desirable, or convenient.
638	(6)  Encourage recycling and resource recovery as a source
639	of energy and materials.
640	(7)  Assist in and encourage, as much as possible, the
641	development within the state of industries and commercial
642	enterprises which are based upon resource recovery, recycling,
643	and reuse of solid waste.
644	(8)  Charge reasonable fees for any services it performs
645	pursuant to this act, provided user fees shall apply uniformly
646	within each municipality or county to all users who are provided
647	with solid waste management services.
648	(9)  Acquire, at its discretion, personal or real property
649	or any interest therein by gift, lease, or purchase for the
650	purpose of providing sites for solid waste management
651	facilities.
652	(10)  Acquire, construct, reconstruct, improve, maintain,
653	equip, furnish, and operate, at its discretion, such solid waste
654	management facilities as are called for by the state solid waste
655	management program.
656	(11)  Receive funds or revenues from the sale of products,
657	materials, fuels, or energy in any form derived from processing
658	of solid waste by state-owned or state-operated facilities,
659	which funds or revenues shall be deposited into the Solid Waste
660	Management Trust Fund.
661	(8)(12)  Determine by rule the facilities, equipment,
662	personnel, and number of monitoring wells to be provided at each
663	Class I solid waste disposal facility area.
664	(13)  Encourage, but not require, as part of a Class II
665	solid waste disposal area, a potable water supply; an employee
666	shelter; handwashing and toilet facilities; equipment washout
667	facilities; electric service for operations and repairs;
668	equipment shelter for maintenance and storage of parts,
669	equipment, and tools; scales for weighing solid waste received
670	at the disposal area; a trained equipment operator in full-time
671	attendance during operating hours; and communication facilities
672	for use in emergencies. The department may require an attendant
673	at a Class II solid waste disposal area during the hours of
674	operation if the department affirmatively demonstrates that such
675	a requirement is necessary to prevent unlawful fires,
676	unauthorized dumping, or littering of nearby property.
677	(14)  Require a Class II solid waste disposal area to have
678	at least one monitoring well which shall be placed adjacent to
679	the site in the direction of groundwater flow unless otherwise
680	exempted by the department. The department may require
681	additional monitoring wells not farther than 1 mile from the
682	site if it is affirmatively demonstrated by the department that
683	a significant change in the initial quality of the water has
684	occurred in the downstream monitoring well which adversely
685	affects the beneficial uses of the water. These wells may be
686	public or private water supply wells if they are suitable for
687	use in determining background water quality levels.
688	(9)(15)  Adopt rules pursuant to ss. 120.536(1) and 120.54
689	to implement and enforce the provisions of this act, including
690	requirements for the classification, construction, operation,
691	maintenance, and closure of solid waste management facilities
692	and requirements for, and conditions on, solid waste disposal in
693	this state, whether such solid waste is generated within this
694	state or outside this state as long as such requirements and
695	conditions are not based on the out-of-state origin of the waste
696	and are consistent with applicable provisions of law. When
697	classifying solid waste management facilities, the department
698	shall consider the hydrogeology of the site for the facility,
699	the types of wastes to be handled by the facility, and methods
700	used to control the types of waste to be handled by the facility
701	and shall seek to minimize the adverse effects of solid waste
702	management on the environment. Whenever the department adopts
703	any rule stricter or more stringent than one that which has been
704	set by the United States Environmental Protection Agency, the
705	procedures set forth in s. 403.804(2) shall be followed. The
706	department shall not, however, adopt hazardous waste rules for
707	solid waste for which special studies were required prior to
708	October 1, 1988, under s. 8002 of the Resource Conservation and
709	Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies
710	are completed by the United States Environmental Protection
711	Agency and the information is available to the department for
712	consideration in adopting its own rule.
713	(10)(16)  Issue or modify permits on such conditions as are
714	necessary to effect the intent and purposes of this act, and may
715	deny or revoke permits.
716	(17)  Conduct research, using the State University System,
717	solid waste professionals from local governments, private
718	enterprise, and other organizations, on alternative,
719	economically feasible, cost-effective, and environmentally safe
720	solid waste management and landfill closure methods which
721	protect the health, safety, and welfare of the public and the
722	environment and which may assist in developing markets and
723	provide economic benefits to local governments, the state, and
724	its citizens, and solicit public participation during the
725	research process. The department shall incorporate such cost-
726	effective landfill closure methods in the appropriate department
727	rule as alternative closure requirements.
728	(11)(18)  Develop and implement or contract for services to
729	develop information on recovered materials markets and
730	strategies for market development and expansion for use of these
731	materials. Additionally, the department shall maintain a
732	directory of recycling businesses operating in the state and
733	shall serve as a coordinator to match recovered materials with
734	markets. Such directory shall be made available to the public
735	and to local governments to assist with their solid waste
736	management activities.
737	(19)  Authorize variances from solid waste closure rules
738	adopted pursuant to this part, provided such variances are
739	applied for and approved in accordance with s. 403.201 and will
740	not result in significant threats to human health or the
741	environment.
742	(12)(20)  Establish accounts and deposit to the Solid Waste
743	Management Trust Fund and control and administer moneys it may
744	withdraw from the fund.
745	(13)(21)  Manage a program of grants, using funds from the
746	Solid Waste Management Trust Fund and funds provided by the
747	Legislature for solid waste management, for programs for
748	recycling, composting, litter control, and special waste
749	management and for programs that which provide for the safe and
750	proper management of solid waste.
751	(14)(22)  Budget and receive appropriated funds and accept,
752	receive, and administer grants or other funds or gifts from
753	public or private agencies, including the state and the Federal
754	Government, for the purpose of carrying out the provisions of
755	this act.
756	(15)(23)  Delegate its powers, enter into contracts, or
757	take such other actions as may be necessary to implement this
758	act.
759	(16)(24)  Receive and administer funds appropriated for
760	county hazardous waste management assessments.
761	(17)(25)  Provide technical assistance to local governments
762	and regional agencies to ensure consistency between county
763	hazardous waste management assessments; coordinate the
764	development of such assessments with the assistance of the
765	appropriate regional planning councils; and review and make
766	recommendations to the Legislature relative to the sufficiency
767	of the assessments to meet state hazardous waste management
768	needs.
769	(18)(26)  Increase public education and public awareness of
770	solid and hazardous waste issues by developing and promoting
771	statewide programs of litter control, recycling, volume
772	reduction, and proper methods of solid waste and hazardous waste
773	management.
774	(19)(27)  Assist the hazardous waste storage, treatment, or
775	disposal industry by providing to the industry any data produced
776	on the types and quantities of hazardous waste generated.
777	(20)(28)  Institute a hazardous waste emergency response
778	program which would include emergency telecommunication
779	capabilities and coordination with appropriate agencies.
780	(21)(29)  Adopt Promulgate rules necessary to accept
781	delegation of the hazardous waste management program from the
782	Environmental Protection Agency under the Hazardous and Solid
783	Waste Amendments of 1984, Pub. L. No. 98-616.
784	(22)(30)  Adopt rules, if necessary, to address the
785	incineration and disposal of biomedical waste and the management
786	of biological waste within the state, whether such waste is
787	generated within this state or outside this state, as long as
788	such requirements and conditions are not based on the out-of-
789	state origin of the waste and are consistent with applicable
790	provisions of law.
791	Section 8.  Section 403.7043, Florida Statutes, is amended
792	to read:
793	403.7043  Compost standards and applications.--
794	(1)  In order to protect the state's land and water
795	resources, compost produced, utilized, or disposed of by the
796	composting process at solid waste management facilities in the
797	state must meet criteria established by the department.
798	(2)  The department shall Within 6 months after October 1,
799	1988, the department shall initiate rulemaking to establish and
800	maintain rules addressing standards for the production of
801	compost and shall complete and promulgate those rules within 12
802	months after initiating the process of rulemaking, including
803	rules establishing:
804	(a)  Requirements necessary to produce hygienically safe
805	compost products for varying applications.
806	(b)  A classification scheme for compost based on: the
807	types of waste composted, including at least one type containing
808	only yard trash; the maturity of the compost, including at least
809	three degrees of decomposition for fresh, semimature, and
810	mature; and the levels of organic and inorganic constituents in
811	the compost. This scheme shall address:
812	1.  Methods for measurement of the compost maturity.
813	2.  Particle sizes.
814	3.  Moisture content.
815	4.  Average levels of organic and inorganic constituents,
816	including heavy metals, for such classes of compost as the
817	department establishes, and the analytical methods to determine
818	those levels.
819	(3)  Within 6 months after October 1, 1988, the department
820	shall initiate rulemaking to prescribe the allowable uses and
821	application rates of compost and shall complete and promulgate
822	those rules within 12 months after initiating the process of
823	rulemaking, based on the following criteria:
824	(a)  The total quantity of organic and inorganic
825	constituents, including heavy metals, allowed to be applied
826	through the addition of compost to the soil per acre per year.
827	(b)  The allowable uses of compost based on maturity and
828	type of compost.
829	(4)  If compost is produced which does not meet the
830	criteria prescribed by the department for agricultural and other
831	use, the compost must be reprocessed or disposed of in a manner
832	approved by the department, unless a different application is
833	specifically permitted by the department.
834	(5)  The provisions of s. 403.706 shall not prohibit any
835	county or municipality which has in place a memorandum of
836	understanding or other written agreement as of October 1, 1988,
837	from proceeding with plans to build a compost facility.
838	Section 9.  Subsections (1), (2), and (3) of section
839	403.7045, Florida Statutes, are amended to read:
840	403.7045  Application of act and integration with other
841	acts.--
842	(1)  The following wastes or activities shall not be
843	regulated pursuant to this act:
844	(a)  Byproduct material, source material, and special
845	nuclear material, the generation, transportation, disposal,
846	storage, or treatment of which is regulated under chapter 404 or
847	under the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat.
848	923, as amended;
849	(b)  Suspended solids and dissolved materials in domestic
850	sewage effluent or irrigation return flows or other discharges
851	which are point sources subject to permits pursuant to
852	provisions of this chapter or pursuant to s. 402 of the Clean
853	Water Act, Pub. L. No. 95-217;
854	(c)  Emissions to the air from a stationary installation or
855	source regulated under provisions of this chapter or under the
856	Clean Air Act, Pub. L. No. 95-95;
857	(d)  Drilling fluids, produced waters, and other wastes
858	associated with the exploration for, or development and
859	production of, crude oil or natural gas which are regulated
860	under chapter 377; or
861	(e)  Recovered materials or recovered materials processing
862	facilities shall not be regulated pursuant to this act, except
863	as provided in s. 403.7046, if:
864	1.  A majority of the recovered materials at the facility
865	are demonstrated to be sold, used, or reused within 1 year.
866	2.  The recovered materials handled by the facility or the
867	products or byproducts of operations that process recovered
868	materials are not discharged, deposited, injected, dumped,
869	spilled, leaked, or placed into or upon any land or water by the
870	owner or operator of such facility so that such recovered
871	materials, products or byproducts, or any constituent thereof
872	may enter other lands or be emitted into the air or discharged
873	into any waters, including groundwaters, or otherwise enter the
874	environment such that a threat of contamination in excess of
875	applicable department standards and criteria is caused.
876	3.  The recovered materials handled by the facility are not
877	hazardous wastes as defined under s. 403.703, and rules
878	promulgated pursuant thereto.
879	4.  The facility is registered as required in s. 403.7046.
880	(f)  Industrial byproducts, if:
881	1.  A majority of the industrial byproducts are
882	demonstrated to be sold, used, or reused within 1 year.
883	2.  The industrial byproducts are not discharged,
884	deposited, injected, dumped, spilled, leaked, or placed upon any
885	land or water so that such industrial byproducts, or any
886	constituent thereof, may enter other lands or be emitted into
887	the air or discharged into any waters, including groundwaters,
888	or otherwise enter the environment such that a threat of
889	contamination in excess of applicable department standards and
890	criteria or a significant threat to public health is caused.
891	3.  The industrial byproducts are not hazardous wastes as
892	defined under s. 403.703 and rules adopted under this section.
893	(2)  Except as provided in s. 403.704(9) s. 403.704(15),
894	the following wastes shall not be regulated as a hazardous waste
895	pursuant to this act, except when determined by the United
896	States Environmental Protection Agency to be a hazardous waste:
897	(a)  Ashes and scrubber sludges generated from the burning
898	of boiler fuel for generation of electricity or steam.
899	(b)  Agricultural and silvicultural byproduct material and
900	agricultural and silvicultural process waste from normal farming
901	or processing.
902	(c)  Discarded material generated by the mining and
903	beneficiation and chemical or thermal processing of phosphate
904	rock, and precipitates resulting from neutralization of
905	phosphate chemical plant process and nonprocess waters.
906	(3)  The following wastes or activities shall be regulated
907	pursuant to this act in the following manner:
908	(a)  Dredged material that is generated as part of a
909	project permitted under part IV of chapter 373 or chapter 161,
910	or that is authorized to be removed from sovereign submerged
911	lands under chapter 253, Dredge spoil or fill material shall be
912	managed in accordance with the conditions of that permit or
913	authorization unless the dredged material is regulated as
914	hazardous waste pursuant to this part disposed of pursuant to a
915	dredge and fill permit, but whenever hazardous components are
916	disposed of within the dredge or fill material, the dredge and
917	fill permits shall specify the specific hazardous wastes
918	contained and the concentration of each such waste. If the
919	dredged material contains hazardous substances, the department
920	may further then limit or restrict the disposal, sale, or use of
921	the dredged dredge and fill material and may specify such other
922	conditions relative to this material as are reasonably necessary
923	to protect the public from the potential hazards. However, this
924	paragraph does not require the routine testing of dredge
925	material for hazardous substances unless there is a reasonable
926	expectation that such substances will be present.
927	(b)  Hazardous wastes that which are contained in
928	artificial recharge waters or other waters intentionally
929	introduced into any underground formation and that which are
930	permitted pursuant to s. 373.106 shall also be handled in
931	compliance with the requirements and standards for disposal,
932	storage, and treatment of hazardous waste under this act.
933	(c)  Solid waste or hazardous waste facilities that which
934	are operated as a part of the normal operation of a power
935	generating facility and which are licensed by certification
936	pursuant to the Florida Electrical Power Plant Siting Act, ss.
937	403.501-403.518, shall undergo such certification subject to the
938	substantive provisions of this act.
939	(d)  Biomedical waste and biological waste shall be
940	disposed of only as authorized by the department. However, any
941	person who unknowingly disposes into a sanitary landfill or
942	waste-to-energy facility any such waste that which has not been
943	properly segregated or separated from other solid wastes by the
944	generating facility is not guilty of a violation under this act.
945	Nothing in This paragraph does not shall be construed to
946	prohibit the department from seeking injunctive relief pursuant
947	to s. 403.131 to prohibit the unauthorized disposal of
948	biomedical waste or biological waste.
949	Section 10.  Paragraph (f) of subsection (2) of section
950	403.705, Florida Statutes, is amended to read:
951	403.705  State solid waste management program.--
952	(2)  The state solid waste management program shall
953	include, at a minimum:
954	(f)  Planning guidelines and technical assistance to
955	counties and municipalities to develop and implement programs
956	for alternative disposal or processing or recycling of the solid
957	wastes prohibited from disposal in landfills under s.
958	403.708(12) s. 403.708(13) and for special wastes.
959	Section 11.  Subsection (2) of section 403.7061, Florida
960	Statutes, is amended to read:
961	403.7061  Requirements for review of new waste-to-energy
962	facility capacity by the Department of Environmental
963	Protection.--
964	(2)  Notwithstanding any other provisions of state law, the
965	department shall not issue a construction permit or
966	certification to build a waste-to-energy facility or expand an
967	existing waste-to-energy facility unless the facility meets the
968	requirements set forth in subsection (3). Any construction
969	permit issued by the department between January 1, 1993, and May
970	12, 1993, which does not address these new requirements is shall
971	be invalid. These new requirements do not apply to the issuance
972	of permits or permit modifications to retrofit existing
973	facilities with new or improved pollution control equipment to
974	comply with state or federal law. The department may shall
975	initiate rulemaking to incorporate the criteria in subsection
976	(3) into its permit review process.
977	Section 12.  Section 403.707, Florida Statutes, is amended
978	to read:
979	403.707  Permits.--
980	(1)  A No solid waste management facility may not be
981	operated, maintained, constructed, expanded, modified, or closed
982	without an appropriate and currently valid permit issued by the
983	department. The department may by rule exempt specified types of
984	facilities from the requirement for a permit under this part if
985	it determines that construction or operation of the facility is
986	not expected to create any significant threat to the environment
987	or public health. For purposes of this part, and only when
988	specified by department rule, a permit may include registrations
989	as well as other forms of licenses as defined in s. 120.52.
990	Solid waste construction permits issued under this section may
991	include any permit conditions necessary to achieve compliance
992	with the recycling requirements of this act. The department
993	shall pursue reasonable timeframes for closure and construction
994	requirements, considering pending federal requirements and
995	implementation costs to the permittee. The department shall
996	adopt a rule establishing performance standards for construction
997	and closure of solid waste management facilities. The standards
998	shall allow flexibility in design and consideration for site-
999	specific characteristics.
1000	(2)  Except as provided in s. 403.722(6), a no permit under
1001	this section is not required for the following, if provided that
1002	the activity does shall not create a public nuisance or any
1003	condition adversely affecting the environment or public health
1004	and does shall not violate other state or local laws,
1005	ordinances, rules, regulations, or orders:
1006	(a)  Disposal by persons of solid waste resulting from
1007	their own activities on their own property, if provided such
1008	waste is either ordinary household waste from their residential
1009	property or is rocks, soils, trees, tree remains, and other
1010	vegetative matter that which normally result from land
1011	development operations. Disposal of materials that which could
1012	create a public nuisance or adversely affect the environment or
1013	public health, such as: white goods; automotive materials, such
1014	as batteries and tires; petroleum products; pesticides;
1015	solvents; or hazardous substances, is not covered under this
1016	exemption.
1017	(b)  Storage in containers by persons of solid waste
1018	resulting from their own activities on their property, leased or
1019	rented property, or property subject to a homeowners or
1020	maintenance association for which the person contributes
1021	association assessments, if the solid waste in such containers
1022	is collected at least once a week.
1023	(c)  Disposal by persons of solid waste resulting from
1024	their own activities on their property, if provided the
1025	environmental effects of such disposal on groundwater and
1026	surface waters are:
1027	1.  Addressed or authorized by a site certification order
1028	issued under part II or a permit issued by the department under
1029	pursuant to this chapter or rules adopted pursuant to this
1030	chapter thereto; or
1031	2.  Addressed or authorized by, or exempted from the
1032	requirement to obtain, a groundwater monitoring plan approved by
1033	the department.
1034	(d)  Disposal by persons of solid waste resulting from
1035	their own activities on their own property, if provided that
1036	such disposal occurred prior to October 1, 1988.
1037	(e)  Disposal of solid waste resulting from normal farming
1038	operations as defined by department rule. Polyethylene
1039	agricultural plastic, damaged, nonsalvageable, untreated wood
1040	pallets, and packing material that cannot be feasibly recycled,
1041	which are used in connection with agricultural operations
1042	related to the growing, harvesting, or maintenance of crops, may
1043	be disposed of by open burning if a, provided that no public
1044	nuisance or any condition adversely affecting the environment or
1045	the public health is not created by the open burning thereby and
1046	that state or federal ambient air quality standards are not
1047	violated.
1048	(f)  The use of clean debris as fill material in any area.
1049	However, this paragraph does not exempt any person from
1050	obtaining any other required permits, and nor does not it affect
1051	a person's responsibility to dispose of clean debris
1052	appropriately if it is not to be used as fill material.
1053	(g)  Compost operations that produce less than 50 cubic
1054	yards of compost per year when the compost produced is used on
1055	the property where the compost operation is located.
1056	(3)  All applicable provisions of ss. 403.087 and 403.088,
1057	relating to permits, apply to the control of solid waste
1058	management facilities.
1059	(4)  When application for a construction permit for a Class
1060	I or Class II solid waste disposal facility area is made, it is
1061	the duty of the department to provide a copy of the application,
1062	within 7 days after filing, to the water management district
1063	having jurisdiction where the area is to be located. The water
1064	management district may prepare an advisory report as to the
1065	impact on water resources. This report must shall contain the
1066	district's recommendations as to the disposition of the
1067	application and shall be submitted to the department no later
1068	than 30 days prior to the deadline for final agency action by
1069	the department. However, the failure of the department or the
1070	water management district to comply with the provisions of this
1071	subsection shall not be the basis for the denial, revocation, or
1072	remand of any permit or order issued by the department.
1073	(5)  The department may not issue a construction permit
1074	pursuant to this part for a new solid waste landfill within
1075	3,000 feet of Class I surface waters.
1076	(6)  The department may issue a construction permit
1077	pursuant to this part only to a solid waste management facility
1078	that provides the conditions necessary to control the safe
1079	movement of wastes or waste constituents into surface or ground
1080	waters or the atmosphere and that will be operated, maintained,
1081	and closed by qualified and properly trained personnel. Such
1082	facility must if necessary:
1083	(a)  Use natural or artificial barriers that which are
1084	capable of controlling lateral or vertical movement of wastes or
1085	waste constituents into surface or ground waters.
1086	(b)  Have a foundation or base that is capable of providing
1087	support for structures and waste deposits and capable of
1088	preventing foundation or base failure due to settlement,
1089	compression, or uplift.
1090	(c)  Provide for the most economically feasible, cost-
1091	effective, and environmentally safe control of leachate, gas,
1092	stormwater, and disease vectors and prevent the endangerment of
1093	public health and the environment.
1094
1095	Open fires, air-curtain incinerators, or trench burning may not
1096	be used as a means of disposal at a solid waste management
1097	facility, unless permitted by the department under s. 403.087.
1098	(7)  Prior to application for a construction permit, an
1099	applicant shall designate to the department temporary backup
1100	disposal areas or processes for the resource recovery facility.
1101	Failure to designate temporary backup disposal areas or
1102	processes shall result in a denial of the construction permit.
1103	(8)  The department may refuse to issue a permit to an
1104	applicant who by past conduct in this state has repeatedly
1105	violated pertinent statutes, rules, or orders or permit terms or
1106	conditions relating to any solid waste management facility and
1107	who is deemed to be irresponsible as defined by department rule.
1108	For the purposes of this subsection, an applicant includes the
1109	owner or operator of the facility, or if the owner or operator
1110	is a business entity, a parent of a subsidiary corporation, a
1111	partner, a corporate officer or director, or a stockholder
1112	holding more than 50 percent of the stock of the corporation.
1113	(9)  Before or on the same day of filing with the
1114	department of an application for any construction permit for the
1115	incineration of biomedical waste which the department may
1116	require by rule, the applicant shall notify each city and county
1117	within 1 mile of the facility of the filing of the application
1118	and shall publish notice of the filing of the application. The
1119	applicant shall publish a second notice of the filing within 14
1120	days after the date of filing. Each notice shall be published in
1121	a newspaper of general circulation in the county in which the
1122	facility is located or is proposed to be located.
1123	Notwithstanding the provisions of chapter 50, for purposes of
1124	this section, a "newspaper of general circulation" shall be the
1125	newspaper within the county in which the installation or
1126	facility is proposed which has the largest daily circulation in
1127	that county and has its principal office in that county. If the
1128	newspaper with the largest daily circulation has its principal
1129	office outside the county, the notice shall appear in both the
1130	newspaper with the largest daily circulation in that county, and
1131	a newspaper authorized to publish legal notices in that county.
1132	The notice shall contain:
1133	(a)  The name of the applicant and a brief description of
1134	the facility and its location.
1135	(b)  The location of the application file and when it is
1136	available for public inspection.
1137
1138	The notice shall be prepared by the applicant and shall comply
1139	with the following format:
1140
1141	Notice of Application
1142
1143	The Department of Environmental Protection announces receipt of
1144	an application for a permit from   (name of applicant)   to
1145	(brief description of project). This proposed project will be
1146	located at   (location)   in   (county)   (city).
1147
1148	This application is being processed and is available for public
1149	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
1150	Monday through Friday, except legal holidays, at   (name and
1151	address of office).
1152	(10)  A permit, which the department may require by rule,
1153	for the incineration of biomedical waste, may not be transferred
1154	by the permittee to any other entity, except in conformity with
1155	the requirements of this subsection.
1156	(a)  Within 30 days after the sale or legal transfer of a
1157	permitted facility, the permittee shall file with the department
1158	an application for transfer of the permits on such form as the
1159	department shall establish by rule. The form must be completed
1160	with the notarized signatures of both the transferring permittee
1161	and the proposed permittee.
1162	(b)  The department shall approve the transfer of a permit
1163	unless it determines that the proposed permittee has not
1164	provided reasonable assurances that the proposed permittee has
1165	the administrative, technical, and financial capability to
1166	properly satisfy the requirements and conditions of the permit,
1167	as determined by department rule. The determination shall be
1168	limited solely to the ability of the proposed permittee to
1169	comply with the conditions of the existing permit, and it shall
1170	not concern the adequacy of the permit conditions. If the
1171	department proposes to deny the transfer, it shall provide both
1172	the transferring permittee and the proposed permittee a written
1173	objection to such transfer together with notice of a right to
1174	request a proceeding on such determination under chapter 120.
1175	(c)  Within 90 days after receiving a properly completed
1176	application for transfer of a permit, the department shall issue
1177	a final determination. The department may toll the time for
1178	making a determination on the transfer by notifying both the
1179	transferring permittee and the proposed permittee that
1180	additional information is required to adequately review the
1181	transfer request. Such notification shall be provided within 30
1182	days after receipt of an application for transfer of the permit,
1183	completed pursuant to paragraph (a). If the department fails to
1184	take action to approve or deny the transfer within 90 days after
1185	receipt of the completed application or within 90 days after
1186	receipt of the last item of timely requested additional
1187	information, the transfer shall be deemed approved.
1188	(d)  The transferring permittee is encouraged to apply for
1189	a permit transfer well in advance of the sale or legal transfer
1190	of a permitted facility.  However, the transfer of the permit
1191	shall not be effective prior to the sale or legal transfer of
1192	the facility.
1193	(e)  Until the transfer of the permit is approved by the
1194	department, the transferring permittee and any other person
1195	constructing, operating, or maintaining the permitted facility
1196	shall be liable for compliance with the terms of the permit.
1197	Nothing in this section shall relieve the transferring permittee
1198	of liability for corrective actions that may be required as a
1199	result of any violations occurring prior to the legal transfer
1200	of the permit.
1201	(11)  The department shall review all permit applications
1202	for any designated Class I solid waste disposal facility. As
1203	used in this subsection, the term "designated Class I solid
1204	waste disposal facility" means any facility that is, as of May
1205	12, 1993, a solid waste disposal facility classified as an
1206	active Class I landfill by the department, that is located in
1207	whole or in part within 1,000 feet of the boundary of any
1208	municipality, but that is not located within any county with an
1209	approved charter or consolidated municipal government, is not
1210	located within any municipality, and is not operated by a
1211	municipality. The department shall not permit vertical expansion
1212	or horizontal expansion of any designated Class I solid waste
1213	disposal facility unless the application for such permit was
1214	filed before January 1, 1993, and no solid waste management
1215	facility may be operated which is a vertical expansion or
1216	horizontal expansion of a designated Class I solid waste
1217	disposal facility. As used in this subsection, the term
1218	"vertical expansion" means any activity that will result in an
1219	increase in the height of a designated Class I solid waste
1220	disposal facility above 100 feet National Geodetic Vertical
1221	Datum, except solely for closure, and the term "horizontal
1222	expansion" means any activity that will result in an increase in
1223	the ground area covered by a designated Class I solid waste
1224	disposal facility, or if within 1 mile of a designated Class I
1225	solid waste disposal facility, any new or expanded operation of
1226	any solid waste disposal facility or area, or of incineration of
1227	solid waste, or of storage of solid waste for more than 1 year,
1228	or of composting of solid waste other than yard trash.
1229	(9)(12)  The department shall establish a separate category
1230	for solid waste management facilities that which accept only
1231	construction and demolition debris for disposal or recycling.
1232	The department shall establish a reasonable schedule for
1233	existing facilities to comply with this section to avoid undue
1234	hardship to such facilities. However, a permitted solid waste
1235	disposal unit that which receives a significant amount of waste
1236	prior to the compliance deadline established in this schedule
1237	shall not be required to be retrofitted with liners or leachate
1238	control systems. Facilities accepting materials defined in s.
1239	403.703(17)(b) must implement a groundwater monitoring system
1240	adequate to detect contaminants that may reasonably be expected
1241	to result from such disposal prior to the acceptance of those
1242	materials.
1243	(a)  The department shall establish reasonable
1244	construction, operation, monitoring, recordkeeping, financial
1245	assurance, and closure requirements for such facilities. The
1246	department shall take into account the nature of the waste
1247	accepted at various facilities when establishing these
1248	requirements, and may impose less stringent requirements,
1249	including a system of general permits or registration
1250	requirements, for facilities that accept only a segregated waste
1251	stream which is expected to pose a minimal risk to the
1252	environment and public health, such as clean debris. The
1253	Legislature recognizes that incidental amounts of other types of
1254	solid waste are commonly generated at construction or demolition
1255	projects. In any enforcement action taken pursuant to this
1256	section, the department shall consider the difficulty of
1257	removing these incidental amounts from the waste stream.
1258	(b)  The department shall not require liners and leachate
1259	collection systems at individual facilities unless it
1260	demonstrates, based upon the types of waste received, the
1261	methods for controlling types of waste disposed of, the
1262	proximity of groundwater and surface water, and the results of
1263	the hydrogeological and geotechnical investigations, that the
1264	facility is reasonably expected to result in violations of
1265	groundwater standards and criteria otherwise.
1266	(c)  The owner or operator shall provide financial
1267	assurance for closing of the facility in accordance with the
1268	requirements of s. 403.7125. The financial assurance shall cover
1269	the cost of closing the facility and 5 years of long-term care
1270	after closing, unless the department determines, based upon
1271	hydrogeologic conditions, the types of wastes received, or the
1272	groundwater monitoring results, that a different long-term care
1273	period is appropriate. However, unless the owner or operator of
1274	the facility is a local government, the escrow account described
1275	in s. 403.7125(2) s. 403.7125(3) may not be used as a financial
1276	assurance mechanism.
1277	(d)  The department shall establish training requirements
1278	for operators of facilities, and shall work with the State
1279	University System or other providers to assure that adequate
1280	training courses are available. The department shall also assist
1281	the Florida Home Builders Association in establishing a
1282	component of its continuing education program to address proper
1283	handling of construction and demolition debris, including best
1284	management practices for reducing contamination of the
1285	construction and demolition debris waste stream.
1286	(e)  The issuance of a permit under this subsection does
1287	not obviate the need to comply with all applicable zoning and
1288	land use regulations.
1289	(f)  A permit is not required under this section for the
1290	disposal of construction and demolition debris on the property
1291	where it is generated, but such property must be covered,
1292	graded, and vegetated as necessary when disposal is complete.
1293	(g)  It is the policy of the Legislature to encourage
1294	facilities to recycle. The department shall establish criteria
1295	and guidelines that encourage recycling where practical and
1296	provide for the use of recycled materials in a manner that
1297	protects the public health and the environment. Facilities are
1298	authorized to recycle, provided such activities do not conflict
1299	with such criteria and guidelines.
1300	(h)  The department shall ensure that the requirements of
1301	this section are applied and interpreted consistently throughout
1302	the state. In accordance with s. 20.255, the Division of Waste
1303	Management shall direct the district offices and bureaus on
1304	matters relating to the interpretation and applicability of this
1305	section.
1306	(i)  The department shall provide notice of receipt of a
1307	permit application for the initial construction of a
1308	construction and demolition debris disposal facility to the
1309	local governments having jurisdiction where the facility is to
1310	be located.
1311	(j)  The Legislature recognizes that recycling, waste
1312	reduction, and resource recovery are important aspects of an
1313	integrated solid waste management program and as such are
1314	necessary to protect the public health and the environment. If
1315	necessary to promote such an integrated program, the county may
1316	determine, after providing notice and an opportunity for a
1317	hearing prior to April 30, 2008 December 31, 1996, that some or
1318	all of the wood material described in s. 403.703(6)(b) s.
1319	403.703(17)(b) shall be excluded from the definition of
1320	"construction and demolition debris" in s. 403.703(6) s.
1321	403.703(17) within the jurisdiction of such county. The county
1322	may make such a determination only if it finds that, prior to
1323	June 1, 2007 1996, the county has established an adequate method
1324	for the use or recycling of such wood material at an existing or
1325	proposed solid waste management facility that is permitted or
1326	authorized by the department on June 1, 2007 1996. The county is
1327	shall not be required to hold a hearing if the county represents
1328	that it previously has held a hearing for such purpose, or nor
1329	shall the county be required to hold a hearing if the county
1330	represents that it previously has held a public meeting or
1331	hearing that authorized such method for the use or recycling of
1332	trash or other nonputrescible waste materials and if the county
1333	further represents that such materials include those materials
1334	described in s. 403.703(6)(b) s. 403.703(17)(b). The county
1335	shall provide written notice of its determination to the
1336	department by no later than April 30, 2008 December 31, 1996;
1337	thereafter, the wood materials described in s. 403.703(6) s.
1338	403.703(17)(b) shall be excluded from the definition of
1339	"construction and demolition debris" in s. 403.703(6) s.
1340	403.703(17) within the jurisdiction of such county. The county
1341	may withdraw or revoke its determination at any time by
1342	providing written notice to the department.
1343	(k)  Brazilian pepper and other invasive exotic plant
1344	species as designated by the department resulting from
1345	eradication projects may be processed at permitted construction
1346	and demolition debris recycling facilities or disposed of at
1347	permitted construction and demolition debris disposal facilities
1348	or Class III facilities. The department may adopt rules to
1349	implement this paragraph.
1350	(10)(13)  If the department and a local government
1351	independently require financial assurance for the closure of a
1352	privately owned solid waste management facility, the department
1353	and that local government shall enter into an interagency
1354	agreement that will allow the owner or operator to provide a
1355	single financial mechanism to cover the costs of closure and any
1356	required long-term care. The financial mechanism may provide for
1357	the department and local government to be cobeneficiaries or
1358	copayees, but shall not impose duplicative financial
1359	requirements on the owner or operator. These closure costs must
1360	include at least the minimum required by department rules and
1361	must also include any additional costs required by local
1362	ordinance or regulation.
1363	(11)(14)  Before or on the same day of filing with the
1364	department of an application for a permit to construct or
1365	substantially modify a solid waste management facility, the
1366	applicant shall notify the local government having jurisdiction
1367	over the facility of the filing of the application. The
1368	applicant also shall publish notice of the filing of the
1369	application in a newspaper of general circulation in the area
1370	where the facility will be located. Notice shall be given and
1371	published in accordance with applicable department rules. The
1372	department shall not issue the requested permit until the
1373	applicant has provided the department with proof that the
1374	notices required by this subsection have been given. Issuance of
1375	a permit does not relieve an applicant from compliance with
1376	local zoning or land use ordinances, or with any other law,
1377	rules, or ordinances.
1378	(12)(15)  Construction and demolition debris must be
1379	separated from the solid waste stream and segregated in separate
1380	locations at a solid waste disposal facility or other permitted
1381	site.
1382	(13)(16)  A No facility shall not be considered a solid
1383	waste disposal facility, solely by virtue of the fact that it
1384	uses processed yard trash or clean wood or paper waste as a fuel
1385	source, shall be considered to be a solid waste disposal
1386	facility.
1387	(14)(a)  A permit to operate a solid waste management
1388	facility may not be transferred by the permittee to any other
1389	entity without the consent of the department. If the permitted
1390	facility is sold or transferred, or if control of the facility
1391	is transferred, the permittee must submit to the department an
1392	application for transfer of permit no later than 30 days after
1393	the transfer of ownership or control. The department shall
1394	approve the transfer of a permit unless it determines that the
1395	proposed new permittee has not provided reasonable assurance
1396	that the conditions of the permit will be met. A permit may not
1397	be transferred until any proof of financial assurance required
1398	by department rule is provided by the proposed new permittee. If
1399	the existing permittee is under a continuing obligation to
1400	perform corrective actions as a result of a department
1401	enforcement action or consent order, the permit may not be
1402	transferred until the proposed new permittee agrees in writing
1403	to accept responsibility for performing such corrective actions.
1404	(b)  Until the transfer is approved by the department, the
1405	existing permittee is liable for compliance with the permit,
1406	including the financial assurance requirements. When the
1407	transfer has been approved, the department shall return to the
1408	transferring permittee any means of proof of financial assurance
1409	which the permittee provided to the department and the permittee
1410	is released from obligations to comply with the transferred
1411	permit.
1412	(c)  An application for the transfer of a permit must
1413	clearly state in bold letters that the permit may not be
1414	transferred without proof of compliance with financial assurance
1415	requirements. Until the permit is transferred, the new owner or
1416	operator may not operate the facility without the express
1417	consent of the permittee.
1418	(d)  The department may adopt rules to administer this
1419	subsection, including procedural rules and the permit-transfer
1420	form.
1421	Section 13.  Section 403.7071, Florida Statutes, is created
1422	to read:
1423	403.7071  Management of storm-generated debris.--Solid
1424	waste generated as a result of a storm event that is the subject
1425	of an emergency order issued by the department may be managed as
1426	follows:
1427	(1)  Recycling and reuse of storm-generated vegetative
1428	debris is encouraged to the greatest extent practicable. Such
1429	recycling and reuse must be conducted in accordance with
1430	applicable department rules and may include, but is not limited
1431	to, chipping and grinding of the vegetative debris to be
1432	beneficially used as a ground cover or soil amendment, compost,
1433	or as a combustible fuel for any applicable commercial or
1434	industrial application.
1435	(2)  The department may issue field authorizations for
1436	staging areas in those counties affected by a storm event. Such
1437	staging areas may be used for the temporary storage and
1438	management of storm-generated debris, including the chipping,
1439	grinding, or burning of vegetative debris. Field authorizations
1440	may include specific conditions for the operation and closure of
1441	the staging area and must specify the date that closure is
1442	required. To the greatest extent possible, staging areas may not
1443	be located in wetlands or other surface waters. The area that is
1444	used or affected by a staging area must be fully restored upon
1445	cessation of the use of the area.
1446	(3)  Storm-generated vegetative debris managed at a staging
1447	area may be disposed of in a permitted lined or unlined
1448	landfill, a permitted land clearing debris facility, a permitted
1449	or certified waste-to-energy facility, or a permitted
1450	construction and demolition debris disposal facility. Vegetative
1451	debris may also be managed at a permitted waste processing
1452	facility or a registered yard-trash processing facility.
1453	(4)  Construction and demolition debris that is mixed with
1454	other storm-generated debris need not be segregated from other
1455	solid waste before disposal in a lined landfill. Construction
1456	and demolition debris that is source separated or is separated
1457	from other hurricane-generated debris at an authorized staging
1458	area, or at another area permitted or specifically authorized by
1459	the department, may be managed at a permitted construction and
1460	demolition debris disposal facility, a Class III landfill, or a
1461	recycling facility upon approval by the department of the
1462	methods and operational practices used to inspect the waste
1463	during segregation.
1464	(5)  Unsalvageable refrigerators and freezers containing
1465	solid waste, such as rotting food, which may create a sanitary
1466	nuisance may be disposed of in a permitted lined landfill;
1467	however, chlorofluorocarbons and capacitors must be removed and
1468	recycled to the greatest extent practicable.
1469	(6)  Local governments or their agents may conduct the
1470	burning of storm-generated yard trash, other storm-generated
1471	vegetative debris, or untreated wood from construction and
1472	demolition debris in air-curtain incinerators without prior
1473	notice to the department. Within 10 days after commencing such
1474	burning, the local government shall notify the department in
1475	writing describing the general nature of the materials burned;
1476	the location and method of burning; and the name, address, and
1477	telephone number of the representative of the local government
1478	to contact concerning the work. The operator of the air-curtain
1479	incinerator is subject to any requirement of the Division of
1480	Forestry or of any other agency concerning authorization to
1481	conduct open burning. Any person conducting open burning of
1482	vegetative debris is also subject to such requirements.
1483	Section 14.  Section 403.708, Florida Statutes, is amended
1484	to read:
1485	403.708  Prohibition; penalty.--
1486	(1)  A No person may not shall:
1487	(a)  Place or deposit any solid waste in or on the land or
1488	waters located within the state except in a manner approved by
1489	the department and consistent with applicable approved programs
1490	of counties or municipalities. However, nothing in this act does
1491	not shall be construed to prohibit the disposal of solid waste
1492	without a permit as provided in s. 403.707(2).
1493	(b)  Burn solid waste except in a manner prescribed by the
1494	department and consistent with applicable approved programs of
1495	counties or municipalities.
1496	(c)  Construct, alter, modify, or operate a solid waste
1497	management facility or site without first having obtained from
1498	the department any permit required by s. 403.707.
1499	(2)  A No beverage may not shall be sold or offered for
1500	sale within the state in a beverage container designed and
1501	constructed so that the container is opened by detaching a metal
1502	ring or tab. As used in this subsection, the term
1503	(3)  For purposes of subsections (2), (9), and (10):
1504	(a)  "Degradable," with respect to any material, means that
1505	such material, after being discarded, is capable of decomposing
1506	to components other than heavy metals or other toxic substances,
1507	after exposure to bacteria, light, or outdoor elements.
1508	(a)(b)  "Beverage" means soda water, carbonated natural or
1509	mineral water, or other nonalcoholic carbonated drinks; soft
1510	drinks, whether or not carbonated; beer, ale, or other malt
1511	drink of whatever alcoholic content; or a mixed wine drink or a
1512	mixed spirit drink.
1513	(b)(c)  "Beverage container" means an airtight container
1514	that which at the time of sale contains 1 gallon or less of a
1515	beverage, or the metric equivalent of 1 gallon or less, and that
1516	which is composed of metal, plastic, or glass or a combination
1517	thereof.
1518	(3)(4)  The Division of Alcoholic Beverages and Tobacco of
1519	the Department of Business and Professional Regulation may
1520	impose a fine of not more than $100 on any person currently
1521	licensed pursuant to s. 561.14 for each violation of the
1522	provisions of subsection (2). If the violation is of a
1523	continuing nature, each day during which such violation occurs
1524	constitutes shall constitute a separate and distinct offense and
1525	is shall be subject to a separate fine.
1526	(4)(5)  The Department of Agriculture and Consumer Services
1527	may impose a fine of not more than $100 against on any person
1528	not currently licensed pursuant to s. 561.14 for each violation
1529	of the provisions of subsection (2). If the violation is of a
1530	continuing nature, each day during which such violation occurs
1531	constitutes shall constitute a separate and distinct offense and
1532	is shall be subject to a separate fine.
1533	(5)(6)  Fifty percent of each fine collected pursuant to
1534	subsections (3) (4) and (4) (5) shall be deposited into the
1535	Solid Waste Management Trust Fund. The balance of fines
1536	collected pursuant to subsection (3) (4) shall be deposited into
1537	the Alcoholic Beverage and Tobacco Trust Fund for the use of the
1538	division for inspection and enforcement of the provisions of
1539	this section. The balance of fines collected pursuant to
1540	subsection (4) (5) shall be deposited into the General
1541	Inspection Trust Fund for the use of the Department of
1542	Agriculture and Consumer Services for inspection and enforcement
1543	of the provisions of this section.
1544	(6)(7)  The Division of Alcoholic Beverages and Tobacco and
1545	the Department of Agriculture and Consumer Services shall
1546	coordinate their responsibilities under the provisions of this
1547	section to ensure that inspections and enforcement are
1548	accomplished in an efficient, cost-effective manner.
1549	(7)(8)  A person may not distribute, sell, or expose for
1550	sale in this state any plastic bottle or rigid container
1551	intended for single use unless such container has a molded label
1552	indicating the plastic resin used to produce the plastic
1553	container. The label must appear on or near the bottom of the
1554	plastic container product and be clearly visible. This label
1555	must consist of a number placed inside a triangle and letters
1556	placed below the triangle. The triangle must be equilateral and
1557	must be formed by three arrows, and, in the middle of each
1558	arrow, there must be a rounded bend that forms one apex of the
1559	triangle. The pointer, or arrowhead, of each arrow must be at
1560	the midpoint of a side of the triangle, and a short gap must
1561	separate each pointer from the base of the adjacent arrow. The
1562	three curved arrows that form the triangle must depict a
1563	clockwise path around the code number. Plastic bottles of less
1564	than 16 ounces, rigid plastic containers of less than 8 ounces,
1565	and plastic casings on lead-acid storage batteries are not
1566	required to be labeled under this subsection section. The
1567	numbers and letters must be as follows:
1568	(a)  For polyethylene terephthalate, the letters "PETE" and
1569	the number 1.
1570	(b)  For high-density polyethylene, the letters "HDPE" and
1571	the number 2.
1572	(c)  For vinyl, the letter "V" and the number 3.
1573	(d)  For low-density polyethylene, the letters "LDPE" and
1574	the number 4.
1575	(e)  For polypropylene, the letters "PP" and the number 5.
1576	(f)  For polystyrene, the letters "PS" and the number 6.
1577	(g)  For any other, the letters "OTHER" and the number 7.
1578	(8)(9)  A No person may not shall distribute, sell, or
1579	expose for sale in this state any product packaged in a
1580	container or packing material manufactured with fully
1581	halogenated chlorofluorocarbons (CFC). Producers of containers
1582	or packing material manufactured with chlorofluorocarbons (CFC)
1583	are urged to introduce alternative packaging materials that
1584	which are environmentally compatible.
1585	(9)(10)  The packaging of products manufactured or sold in
1586	the state may not be controlled by governmental rule,
1587	regulation, or ordinance adopted after March 1, 1974, other than
1588	as expressly provided in this act.
1589	(10)(11)  Violations of this part or rules, regulations,
1590	permits, or orders issued thereunder by the department and
1591	violations of approved local programs of counties or
1592	municipalities or rules, regulations, or orders issued
1593	thereunder are shall be punishable by a civil penalty as
1594	provided in s. 403.141.
1595	(11)(12)  The department or any county or municipality may
1596	also seek to enjoin the violation of, or enforce compliance
1597	with, this part or any program adopted hereunder as provided in
1598	s. 403.131.
1599	(12)(13)  A In accordance with the following schedule, no
1600	person who knows or who should know of the nature of the
1601	following types of such solid waste may not shall dispose of
1602	such solid waste in landfills:
1603	(a)  Lead-acid batteries, after January 1, 1989. Lead-acid
1604	batteries also may shall not be disposed of in any waste-to-
1605	energy facility after January 1, 1989. To encourage proper
1606	collection and recycling, all persons who sell lead-acid
1607	batteries at retail shall accept used lead-acid batteries as
1608	trade-ins for new lead-acid batteries.
1609	(b)  Used oil, after October 1, 1988.
1610	(c)  Yard trash, after January 1, 1992, except in lined
1611	unlined landfills classified by department rule as Class I
1612	landfills. Yard trash that is source separated from solid waste
1613	may be accepted at a solid waste disposal area where the area
1614	provides and maintains separate yard trash composting facilities
1615	are provided and maintained. The department recognizes that
1616	incidental amounts of yard trash may be disposed of in Class I
1617	lined landfills. In any enforcement action taken pursuant to
1618	this paragraph, the department shall consider the difficulty of
1619	removing incidental amounts of yard trash from a mixed solid
1620	waste stream.
1621	(d)  White goods, after January 1, 1990.
1622
1623	Prior to the effective dates specified in paragraphs (a)-(d),
1624	the department shall identify and assist in developing
1625	alternative disposal, processing, or recycling options for the
1626	solid wastes identified in paragraphs (a)-(d).
1627	Section 15.  Section 403.709, Florida Statutes, is amended
1628	to read:
1629	403.709  Solid Waste Management Trust Fund; use of waste
1630	tire fees.--There is created the Solid Waste Management Trust
1631	Fund, to be administered by the department.
1632	(1)  From the annual revenues deposited in the trust fund,
1633	unless otherwise specified in the General Appropriations Act:
1634	(a)(1)  Up to 40 percent shall be used for funding solid
1635	waste activities of the department and other state agencies,
1636	such as providing technical assistance to local governments and
1637	the private sector, performing solid waste regulatory and
1638	enforcement functions, preparing solid waste documents, and
1639	implementing solid waste education programs.
1640	(b)(2)  Up to 4.5 percent shall be used for funding
1641	research and training programs relating to solid waste
1642	management through the Center for Solid and Hazardous Waste
1643	Management and other organizations that which can reasonably
1644	demonstrate the capability to carry out such projects.
1645	(c)(3)  Up to 11 percent shall be used for funding to
1646	supplement any other funds provided to the Department of
1647	Agriculture and Consumer Services for mosquito control. This
1648	distribution shall be annually transferred to the General
1649	Inspection Trust Fund in the Department of Agriculture and
1650	Consumer Services to be used for mosquito control, especially
1651	control of West Nile Virus.
1652	(d)(4)  Up to 4.5 percent shall be used for funding to the
1653	Department of Transportation for litter prevention and control
1654	programs through a certified Keep America Beautiful Affiliate at
1655	the local level coordinated by Keep Florida Beautiful, Inc.
1656	(e)(5)  A minimum of 40 percent shall be used for funding a
1657	competitive and innovative grant program pursuant to s. 403.7095
1658	for activities relating to recycling and waste reduction
1659	reducing the volume of municipal solid waste, including waste
1660	tires requiring final disposal.
1661	(2)(6)  The department shall recover to the use of the fund
1662	from the site owner or the person responsible for the
1663	accumulation of tires at the site, jointly and severally, all
1664	sums expended from the fund pursuant to this section to manage
1665	tires at an illegal waste tire site, except that the department
1666	may decline to pursue such recovery if it finds the amount
1667	involved too small or the likelihood of recovery too uncertain.
1668	If a court determines that the owner is unable or unwilling to
1669	comply with the rules adopted pursuant to this section or s.
1670	403.717, the court may authorize the department to take
1671	possession and control of the waste tire site in order to
1672	protect the health, safety, and welfare of the community and the
1673	environment.
1674	(3)(7)  The department may impose a lien on the real
1675	property on which the waste tire site is located and the waste
1676	tires equal to the estimated cost to bring the tire site into
1677	compliance, including attorney's fees and court costs. Any owner
1678	whose property has such a lien imposed may release her or his
1679	property from any lien claimed under this subsection by filing
1680	with the clerk of the circuit court a cash or surety bond,
1681	payable to the department in the amount of the estimated cost of
1682	bringing the tire site into compliance with department rules,
1683	including attorney's fees and court costs, or the value of the
1684	property after the abatement action is complete, whichever is
1685	less. A lien provided by this subsection may not continue for a
1686	period longer than 4 years after the abatement action is
1687	completed, unless within that period an action to enforce the
1688	lien is commenced in a court of competent jurisdiction. The
1689	department may take action to enforce the lien in the same
1690	manner used for construction liens under part I of chapter 713.
1691	(4)(8)  This section does not limit the use of other
1692	remedies available to the department.
1693	Section 16.  Subsections (1), (2), and (5) of section
1694	403.7095, Florida Statutes, are amended to read:
1695	403.7095  Solid waste management grant program.--
1696	(1)  The department shall develop a competitive and
1697	innovative grant program for counties, municipalities, special
1698	districts, and nonprofit organizations that have legal
1699	responsibility for the provision of solid waste management
1700	services. For purposes of this program, "innovative" means that
1701	the process, technology, or activity for which funding is sought
1702	has not previously been implemented within the jurisdiction of
1703	the applicant. The applicant must that:
1704	(a)  Demonstrate technologies or processes that are not in
1705	common use in Florida, that represent a novel application of an
1706	existing technology or process to recycle or reduce waste, or
1707	that overcome obstacles to recycling or and waste reduction in
1708	new or innovative ways;
1709	(b)  Demonstrate innovative processes to collect and
1710	recycle or reduce materials targeted by the department and the
1711	recycling industry; or
1712	(c)  Demonstrate effective solutions to solving solid waste
1713	problems resulting from waste tires, particularly in the areas
1714	of enforcement and abatement of illegal tire dumping and
1715	activities to promote market development of waste tire products.
1716
1717	Because the Legislature recognizes that input from the recycling
1718	industry is essential to the success of this grant program, the
1719	department shall cooperate with private sector entities to
1720	develop a process and define specific criteria for allowing
1721	their participation with grant recipients.
1722	(2)  The department shall evaluate and prioritize the
1723	annual grant proposals and present the annual prioritized list
1724	of projects to be funded to the Governor and the Legislature as
1725	part of its annual budget request submitted pursuant to chapter
1726	216, beginning with fiscal year 2003-2004. Potential grant
1727	recipients are encouraged to demonstrate local support for grant
1728	proposals by the commitment of cash or in-kind matching funds.
1729	(5)  From the funds made available pursuant to s.
1730	403.709(1)(e) s. 403.709(5) for the grant program created by
1731	this section, the following distributions shall be made:
1732	(a)  Up to 15 percent for the program described in
1733	subsection (1);
1734	(b)  Up to 35 percent for the program described in
1735	subsection (3); and
1736	(c)  Up to 50 percent for the program described in
1737	subsection (4).
1738	Section 17.  Section 403.7125, Florida Statutes, is amended
1739	to read:
1740	403.7125  Financial assurance for closure Landfill
1741	management escrow account.--
1742	(1)  As used in this section:
1743	(a)  "Landfill" means any solid waste land disposal area
1744	for which a permit, other than a general permit, is required by
1745	s. 403.707 that receives solid waste for disposal in or upon
1746	land other than a land-spreading site, injection well, or a
1747	surface impoundment.
1748	(b)  "Closure" means the ceasing operation of a landfill
1749	and securing such landfill so that it does not pose a
1750	significant threat to public health or the environment and
1751	includes long-term monitoring and maintenance of a landfill.
1752	(c)  "Owner or operator" means, in addition to the usual
1753	meanings of the term, any owner of record of any interest in
1754	land whereon a landfill is or has been located and any person or
1755	corporation which owns a majority interest in any other
1756	corporation which is the owner or operator of a landfill.
1757	(1)(2)  Every owner or operator of a landfill is jointly
1758	and severally liable for the improper operation and closure of
1759	the landfill, as provided by law. As used in this section, the
1760	term "owner or operator" means any owner of record of any
1761	interest in land wherein a landfill is or has been located and
1762	any person or corporation that owns a majority interest in any
1763	other corporation that is the owner or operator of a landfill.
1764	(2)(3)  The owner or operator of a landfill owned or
1765	operated by a local or state government or the Federal
1766	Government shall establish a fee, or a surcharge on existing
1767	fees or other appropriate revenue-producing mechanism, to ensure
1768	the availability of financial resources for the proper closure
1769	of the landfill. However, the disposal of solid waste by persons
1770	on their own property, as described in s. 403.707(2), is exempt
1771	from the provisions of this section.
1772	(a)  The revenue-producing mechanism must produce revenue
1773	at a rate sufficient to generate funds to meet state and federal
1774	landfill closure requirements.
1775	(b)  The revenue shall be deposited in an interest-bearing
1776	escrow account to be held and administered by the owner or
1777	operator. The owner or operator shall file with the department
1778	an annual audit of the account. The audit shall be conducted by
1779	an independent certified public accountant. Failure to collect
1780	or report such revenue, except as allowed in subsection (3) (4),
1781	is a noncriminal violation punishable by a fine of not more than
1782	$5,000 for each offense. The owner or operator may make
1783	expenditures from the account and its accumulated interest only
1784	for the purpose of landfill closure and, if such expenditures do
1785	not deplete the fund to the detriment of eventual closure, for
1786	planning and construction of resource recovery or landfill
1787	facilities. Any moneys remaining in the account after paying for
1788	proper and complete closure, as determined by the department,
1789	shall, if the owner or operator does not operate a landfill, be
1790	deposited by the owner or operator into the general fund or the
1791	appropriate solid waste fund of the local government of
1792	jurisdiction.
1793	(c)  The revenue generated under this subsection and any
1794	accumulated interest thereon may be applied to the payment of,
1795	or pledged as security for, the payment of revenue bonds issued
1796	in whole or in part for the purpose of complying with state and
1797	federal landfill closure requirements. Such application or
1798	pledge may be made directly in the proceedings authorizing such
1799	bonds or in an agreement with an insurer of bonds to assure such
1800	insurer of additional security therefor.
1801	(d)  The provisions of s. 212.055 which that relate to
1802	raising of revenues for landfill closure or long-term
1803	maintenance do not relieve a landfill owner or operator from the
1804	obligations of this section.
1805	(e)  The owner or operator of any landfill that established
1806	an escrow account in accordance with this section and the
1807	conditions of its permit prior to January 1, 2007, may continue
1808	to use that escrow account to provide financial assurance for
1809	closure of that landfill, even if that landfill is not owned or
1810	operated by a local or state government or the Federal
1811	Government.
1812	(3)(4)  An owner or operator of a landfill owned or
1813	operated by a local or state government or by the Federal
1814	Government may provide financial assurance to establish proof of
1815	financial responsibility with the department in lieu of the
1816	requirements of subsection (2) (3). An owner or operator of any
1817	other landfill, or any other solid waste management facility
1818	designated by department rule, shall provide financial assurance
1819	to the department for the closure of the facility. Such
1820	financial assurance proof may include surety bonds, certificates
1821	of deposit, securities, letters of credit, or other documents
1822	showing that the owner or operator has sufficient financial
1823	resources to cover, at a minimum, the costs of complying with
1824	applicable landfill closure requirements. The owner or operator
1825	shall estimate such costs to the satisfaction of the department.
1826	(4)(5)  This section does not repeal, limit, or abrogate
1827	any other law authorizing local governments to fix, levy, or
1828	charge rates, fees, or charges for the purpose of complying with
1829	state and federal landfill closure requirements.
1830	(5)(6)  The department shall adopt rules to implement this
1831	section.
1832	Section 18.  Subsections (1) and (3) of section 403.716,
1833	Florida Statutes, are amended to read:
1834	403.716  Training of operators of solid waste management
1835	and other facilities.--
1836	(1)  The department shall establish qualifications for, and
1837	encourage the development of training programs for, operators of
1838	landfills, coordinators of local recycling programs, operators
1839	of waste-to-energy facilities, biomedical waste incinerators,
1840	and mobile soil thermal treatment units or facilities, and
1841	operators of other solid waste management facilities.
1842	(3)  A person may not perform the duties of an operator of
1843	a landfill without first completing, or perform the duties of an
1844	operator of a waste-to-energy facility, biomedical waste
1845	incinerator, or mobile soil thermal treatment unit or facility,
1846	unless she or he has completed an operator training course
1847	approved by the department or qualifying she or he has qualified
1848	as an interim operator in compliance with requirements
1849	established by the department by rule. An owner of a landfill,
1850	waste-to-energy facility, biomedical waste incinerator, or
1851	mobile soil thermal treatment unit or facility may not employ
1852	any person to perform the duties of an operator unless such
1853	person has completed an approved landfill, waste-to-energy
1854	facility, biomedical waste incinerator, or mobile soil thermal
1855	treatment unit or facility operator training course, as
1856	appropriate, or has qualified as an interim operator in
1857	compliance with requirements established by the department by
1858	rule. The department may establish by rule operator training
1859	requirements for other solid waste management facilities and
1860	facility operators.
1861	Section 19.  Section 403.717, Florida Statutes, is amended
1862	to read:
1863	403.717  Waste tire and lead-acid battery requirements.--
1864	(1)  For purposes of this section and ss. 403.718 and
1865	403.7185:
1866	(a)  "Department" means the Department of Environmental
1867	Protection.
1868	(b)  "Indoor" means within a structure that excludes rain
1869	and public access and would control air flows in the event of a
1870	fire.
1871	(c)  "Lead-acid battery" means a lead-acid battery designed
1872	for use in motor vehicles, vessels, and aircraft, and includes
1873	such batteries when sold new as a component part of a motor
1874	vehicle, vessel, or aircraft, but not when sold to recycle
1875	components.
1876	(d)(b)  "Motor vehicle" means an automobile, motorcycle,
1877	truck, trailer, semitrailer, truck tractor and semitrailer
1878	combination, or any other vehicle operated in this state, used
1879	to transport persons or property and propelled by power other
1880	than muscular power., but The term does not include traction
1881	engines, road rollers, such vehicles that as run only upon a
1882	track, bicycles, mopeds, or farm tractors and trailers.
1883	(e)  "Processed tire" means a tire that has been treated
1884	mechanically, chemically, or thermally so that the resulting
1885	material is a marketable product or is suitable for proper
1886	disposal.
1887	(f)(c)  "Tire" means a continuous solid or pneumatic rubber
1888	covering encircling the wheel of a motor vehicle.
1889	(g)(d)  "Waste tire" means a tire that has been removed
1890	from a motor vehicle and has not been retreaded or regrooved.
1891	The term "Waste tire" includes, but is not limited to, used
1892	tires and processed tires. The term does not include solid
1893	rubber tires and tires that are inseparable from the rim.
1894	(h)(e)  "Waste tire collection center" means a site where
1895	waste tires are collected from the public prior to being offered
1896	for recycling and where fewer than 1,500 tires are kept on the
1897	site on any given day.
1898	(i)(f)  "Waste tire processing facility" means a site where
1899	equipment is used to treat waste tires mechanically, chemically,
1900	or thermally so that the resulting material is a marketable
1901	product or is suitable for proper disposal recapture reusable
1902	byproducts from waste tires or to cut, burn, or otherwise alter
1903	waste tires so that they are no longer whole. The term includes
1904	mobile waste tire processing equipment.
1905	(j)(g)  "Waste tire site" means a site at which 1,500 or
1906	more waste tires are accumulated.
1907	(h)  "Lead-acid battery" means those lead-acid batteries
1908	designed for use in motor vehicles, vessels, and aircraft, and
1909	includes such batteries when sold new as a component part of a
1910	motor vehicle, vessel, or aircraft, but not when sold to recycle
1911	components.
1912	(i)  "Indoor" means within a structure which excludes rain
1913	and public access and would control air flows in the event of a
1914	fire.
1915	(j)  "Processed tire" means a tire that has been treated
1916	mechanically, chemically, or thermally so that the resulting
1917	material is a marketable product or is suitable for proper
1918	disposal.
1919	(k)  "Used tire" means a waste tire which has a minimum
1920	tread depth of 3/32 inch or greater and is suitable for use on a
1921	motor vehicle.
1922	(2)  The owner or operator of any waste tire site shall
1923	provide the department with information concerning the site's
1924	location, size, and the approximate number of waste tires that
1925	are accumulated at the site and shall initiate steps to comply
1926	with subsection (3).
1927	(3)(a)  A person may not maintain a waste tire site unless
1928	such site is:
1929	1.  An integral part of the person's permitted waste tire
1930	processing facility; or
1931	2.  Used for the storage of waste tires prior to processing
1932	and is located at a permitted solid waste management facility.
1933	(b)  It is unlawful for any person to dispose of waste
1934	tires or processed tires in the state except at a permitted
1935	solid waste management facility. Collection or storage of waste
1936	tires at a permitted waste tire processing facility or waste
1937	tire collection center prior to processing or use does not
1938	constitute disposal, provided that the collection and storage
1939	complies with rules established by the department.
1940	(c)  Whole waste tires may not be deposited in a landfill
1941	as a method of ultimate disposal.
1942	(d)  A person may not contract with a waste tire collector
1943	for the transportation, disposal, or processing of waste tires
1944	unless the collector is registered with the department or exempt
1945	from requirements provided under this section. Any person who
1946	contracts with a waste tire collector for the transportation of
1947	more than 25 waste tires per month from a single business
1948	location must maintain records for that location and make them
1949	available for review by the department or by law enforcement
1950	officers, which records must contain the date when the tires
1951	were transported, the quantity of tires, the registration number
1952	of the collector, and the name of the driver.
1953	(4)  The department shall adopt rules to administer carry
1954	out the provisions of this section and s. 403.718. Such rules
1955	shall:
1956	(a)  Must provide for the administration or revocation of
1957	waste tire processing facility permits, including mobile
1958	processor permits;
1959	(b)  Must provide for the administration or revocation of
1960	waste tire collector registrations, the fee fees for which may
1961	not exceed $50 per vehicle registered annually;
1962	(c)  Must provide for the administration or revocation of
1963	waste tire collection center permits, the fee for which may not
1964	exceed $250 annually;
1965	(d)  Must set standards, including financial assurance
1966	standards, for waste tire processing facilities and associated
1967	waste tire sites, waste tire collection centers, waste tire
1968	collectors, and for the storage of waste tires and processed
1969	tires, including storage indoors;
1970	(e)  The department May by rule exempt not-for-hire waste
1971	tire collectors and processing facilities from financial
1972	assurance requirements;
1973	(f)  Must authorize the final disposal of waste tires at a
1974	permitted solid waste disposal facility provided the tires have
1975	been cut into sufficiently small parts to assure their proper
1976	disposal; and
1977	(g)  Must allow waste tire material that which has been cut
1978	into sufficiently small parts to be used as daily cover material
1979	for a landfill.
1980	(5)  A permit is not required for tire storage at:
1981	(a)  A tire retreading business where fewer than 1,500
1982	waste tires are kept on the business premises;
1983	(b)  A business that, in the ordinary course of business,
1984	removes tires from motor vehicles if fewer than 1,500 of these
1985	tires are kept on the business premises; or
1986	(c)  A retail tire-selling business which is serving as a
1987	waste tire collection center if fewer than 1,500 waste tires are
1988	kept on the business premises.
1989	(5)(6)(a)  The department shall encourage the voluntary
1990	establishment of waste tire collection centers at retail tire-
1991	selling businesses, waste tire processing facilities, and solid
1992	waste disposal facilities, to be open to the public for the
1993	deposit of waste tires.
1994	(b)  The department may is authorized to establish an
1995	incentives program for individuals to encourage individuals them
1996	to return their waste tires to a waste tire collection center.
1997	The incentives used by the department may involve the use of
1998	discount or prize coupons, prize drawings, promotional
1999	giveaways, or other activities the department determines will
2000	promote collection, reuse, volume reduction, and proper disposal
2001	of waste tires.
2002	(c)  The department may contract with a promotion company
2003	to administer the incentives program.
2004	Section 20.  Section 403.7221, Florida Statutes, is
2005	transferred, renumbered as section 403.70715, Florida Statutes,
2006	and amended to read:
2007	403.70715 403.7221  Research, development, and
2008	demonstration permits.--
2009	(1)  The department may issue a research, development, and
2010	demonstration permit to the owner or operator of any solid waste
2011	management facility or hazardous waste management facility who
2012	proposes to utilize an innovative and experimental solid waste
2013	treatment technology or process for which permit standards have
2014	not been promulgated. Permits shall:
2015	(a)  Provide for construction and operation of the facility
2016	for not longer than 3 years 1 year, renewable no more than 3
2017	times.
2018	(b)  Provide for the receipt and treatment by the facility
2019	of only those types and quantities of solid waste which the
2020	department deems necessary for purposes of determining the
2021	performance capabilities of the technology or process and the
2022	effects of such technology or process on human health and the
2023	environment.
2024	(c)  Include requirements the department deems necessary
2025	which may include monitoring, operation, testing, financial
2026	responsibility, closure, and remedial action.
2027	(2)  The department may apply the criteria set forth in
2028	this section in establishing the conditions of each permit
2029	without separate establishment of rules implementing such
2030	criteria.
2031	(3)  For the purpose of expediting review and issuance of
2032	permits under this section, the department may, consistent with
2033	the protection of human health and the environment, modify or
2034	waive permit application and permit issuance requirements,
2035	except that there shall be no modification or waiver of
2036	regulations regarding financial responsibility or of procedures
2037	established regarding public participation.
2038	(4)  The department may order an immediate termination of
2039	all operations at the facility at any time upon a determination
2040	that termination is necessary to protect human health and the
2041	environment.
2042	Section 21.  Subsections (1) through (9) of section
2043	403.722, Florida Statutes, are amended to read:
2044	403.722  Permits; hazardous waste disposal, storage, and
2045	treatment facilities.--
2046	(1)  Each person who intends to or is required to
2047	construct, modify, operate, or close a hazardous waste disposal,
2048	storage, or treatment facility shall obtain a construction
2049	permit, operation permit, postclosure permit, clean closure plan
2050	approval, or corrective action permit from the department prior
2051	to constructing, modifying, operating, or closing the facility.
2052	By rule, the department may provide for the issuance of a single
2053	permit instead of any two or more hazardous waste facility
2054	permits.
2055	(2)  Any owner or operator of a hazardous waste facility in
2056	operation on the effective date of the department rule listing
2057	and identifying hazardous wastes shall file an application for a
2058	temporary operation permit within 6 months after the effective
2059	date of such rule. The department, upon receipt of a properly
2060	completed application, shall identify any department rules that
2061	which are being violated by the facility and shall establish a
2062	compliance schedule. However, if the department determines that
2063	an imminent hazard exists, the department may take any necessary
2064	action pursuant to s. 403.726 to abate the hazard. The
2065	department shall issue a temporary operation permit to such
2066	facility within the time constraints of s. 120.60 upon
2067	submission of a properly completed application that which is in
2068	conformance with this subsection. Temporary operation permits
2069	for such facilities shall be issued for up to 3 years only. Upon
2070	termination of the temporary operation permit and upon proper
2071	application by the facility owner or operator, the department
2072	shall issue an operation permit for such existing facilities if
2073	the applicant has corrected all of the deficiencies identified
2074	in the temporary operation permit and is in compliance with all
2075	other rules adopted pursuant to this act.
2076	(3)  Permit Applicants shall provide any information that
2077	which will enable the department to determine that the proposed
2078	construction, modification, operation, or closure, or corrective
2079	action will comply with this act and any applicable rules. In no
2080	instance shall any person construct, modify, operate, or close a
2081	facility or perform corrective actions at a facility in
2082	contravention of the standards, requirements, or criteria for a
2083	hazardous waste facility. Authorizations Permits issued under
2084	this section may include any permit conditions necessary to
2085	achieve compliance with applicable hazardous waste rules and
2086	necessary to protect human health and the environment.
2087	(4)  The department may require, in an a permit
2088	application, submission of information concerning matters
2089	specified in s. 403.721(6) as well as information respecting:
2090	(a)  Estimates of the composition, quantity, and
2091	concentration of any hazardous waste identified or listed under
2092	this act or combinations of any such waste and any other solid
2093	waste, proposed to be disposed of, treated, transported, or
2094	stored and the time, frequency, or rate at which such waste is
2095	proposed to be disposed of, treated, transported, or stored; and
2096	(b)  The site to which such hazardous waste or the products
2097	of treatment of such hazardous waste will be transported and at
2098	which it will be disposed of, treated, or stored.
2099	(5)  An authorization A permit issued pursuant to this
2100	section is not a vested right. The department may revoke or
2101	modify any such authorization permit.
2102	(a)  Authorizations Permits may be revoked for failure of
2103	the holder to comply with the provisions of this act, the terms
2104	of the authorization permit, the standards, requirements, or
2105	criteria adopted pursuant to this act, or an order of the
2106	department; for refusal by the holder to allow lawful
2107	inspection; for submission by the holder of false or inaccurate
2108	information in the permit application; or if necessary to
2109	protect the public health or the environment.
2110	(b)  Authorizations Permits may be modified, upon request
2111	of the holder permittee, if such modification is not in
2112	violation of this act or department rules or if the department
2113	finds the modification necessary to enable the facility to
2114	remain in compliance with this act and department rules.
2115	(c)  An owner or operator of a hazardous waste facility in
2116	existence on the effective date of a department rule changing an
2117	exemption or listing and identifying the hazardous wastes that
2118	which require that facility to be permitted who notifies the
2119	department pursuant to s. 403.72, and who has applied for a
2120	permit pursuant to subsection (2), may continue to operate until
2121	be issued a temporary operation permit. If such owner or
2122	operator intends to or is required to discontinue operation, the
2123	temporary operation permit must include final closure
2124	conditions.
2125	(6)  A hazardous waste facility permit issued pursuant to
2126	this section shall satisfy the permit requirements of s.
2127	403.707(1). The permit exemptions provided in s. 403.707(2) do
2128	shall not apply to hazardous waste.
2129	(7)  The department may establish permit application
2130	procedures for hazardous waste facilities, which procedures may
2131	vary based on differences in amounts, types, and concentrations
2132	of hazardous waste and on differences in the size and location
2133	of facilities and which procedures may take into account
2134	permitting procedures of other laws not in conflict with this
2135	act.
2136	(8)  For authorizations permits required by this section,
2137	the department may require that a fee be paid and may establish,
2138	by rule, a fee schedule based on the degree of hazard and the
2139	amount and type of hazardous waste disposed of, stored, or
2140	treated at the facility.
2141	(9)  It shall not be a requirement for the issuance of such
2142	a hazardous waste authorization permit that the facility
2143	complies with an adopted local government comprehensive plan,
2144	local land use ordinances, zoning ordinances or regulations, or
2145	other local ordinances. However, the issuance of such an
2146	authorization a permit issued by the department does shall not
2147	override any adopted local plan, ordinance, or regulation
2148	government comprehensive plans, local land use ordinances,
2149	zoning ordinances or regulations, or other local ordinances.
2150	Section 22.  Subsection (2) of section 403.7226, Florida
2151	Statutes, is amended to read:
2152	403.7226  Technical assistance by the department.--The
2153	department shall:
2154	(2)  Identify short-term needs and long-term needs for
2155	hazardous waste management for the state on the basis of the
2156	information gathered through the local hazardous waste
2157	management assessments and other information from state and
2158	federal regulatory agencies and sources. The state needs
2159	assessment must be ongoing and must be updated when new data
2160	concerning waste generation and waste management technologies
2161	become available. The department shall annually send a copy of
2162	this assessment to the Governor and to the Legislature.
2163	Section 23.  Subsection (3) of section 403.724, Florida
2164	Statutes, is amended to read:
2165	403.724  Financial responsibility.--
2166	(3)  The amount of financial responsibility required shall
2167	be approved by the department upon each issuance, renewal, or
2168	modification of a hazardous waste facility authorization permit.
2169	Such factors as inflation rates and changes in operation may be
2170	considered when approving financial responsibility for the
2171	duration of the authorization permit. The Office of Insurance
2172	Regulation of the Department of Financial Services Commission
2173	shall be available to assist the department in making this
2174	determination. In approving or modifying the amount of financial
2175	responsibility, the department shall consider:
2176	(a)  The amount and type of hazardous waste involved;
2177	(b)  The probable damage to human health and the
2178	environment;
2179	(c)  The danger and probable damage to private and public
2180	property near the facility;
2181	(d)  The probable time that the hazardous waste and
2182	facility involved will endanger the public health, safety, and
2183	welfare or the environment; and
2184	(e)  The probable costs of properly closing the facility
2185	and performing corrective action.
2186	Section 24.  Section 403.7255, Florida Statutes, is amended
2187	to read:
2188	403.7255  Placement of signs Department to adopt rules.--
2189	(1)  The department shall adopt rules which establish
2190	requirements and procedures for the placement of Signs must be
2191	placed by the owner or operator at sites which may have been
2192	contaminated by hazardous wastes. Sites shall include any site
2193	in the state which that is listed or proposed for listing on the
2194	Superfund Site List of the United States Environmental
2195	Protection Agency or any site identified by the department as a
2196	suspected or confirmed contaminated site contaminated by
2197	hazardous waste where there is may be a risk of exposure to the
2198	public. The requirements of This section does shall not apply to
2199	sites reported under ss. 376.3071 and 376.3072. The department
2200	shall establish requirements and procedures for the placement of
2201	signs, and may do so in rules, permits, orders, or other
2202	authorizations. The authorization rules shall establish the
2203	appropriate size for such signs, which size shall be no smaller
2204	than 2 feet by 2 feet, and shall provide in clearly legible
2205	print appropriate warning language for the waste or other
2206	materials at the site and a telephone number that which may be
2207	called for further information.
2208	(2)  Violations of this act are punishable as provided in
2209	s. 403.161(4).
2210	(3)  The provisions of this act are independent of and
2211	cumulative to any other requirements and remedies in this
2212	chapter or chapter 376, or any rules promulgated thereunder.
2213	Section 25.  Subsection (5) of section 403.726, Florida
2214	Statutes, is amended to read:
2215	403.726  Abatement of imminent hazard caused by hazardous
2216	substance.--
2217	(5)  The department may issue a permit or order requiring
2218	prompt abatement of an imminent hazard.
2219	Section 26.  Section 403.7265, Florida Statutes, is amended
2220	to read:
2221	403.7265  Local hazardous waste collection program.--
2222	(1)  The Legislature recognizes the need for local
2223	governments to establish local hazardous waste management
2224	programs and local collection centers throughout the state.
2225	Local hazardous waste management programs are to educate and
2226	assist small businesses and households in properly managing the
2227	hazardous waste they generate. Local collection centers are to
2228	serve a purpose similar to the collection locations used in the
2229	amnesty days program described in s. 403.7264. Such collection
2230	centers are to be operated to provide a service to homeowners,
2231	farmers, and conditionally exempt small quantity generators to
2232	encourage proper hazardous waste management. Local collection
2233	centers will allow local governments the opportunity to provide
2234	a location for collection and temporary storage of small
2235	quantities of hazardous waste. A private hazardous waste
2236	management company should be responsible for collecting the
2237	waste within 90 days for transfer to a permitted recycling,
2238	disposal, or treatment facility. In time, local collection
2239	centers are to become privately operated businesses in order to
2240	reduce the burden of hazardous waste collection on local
2241	government.
2242	(2)  The department shall develop a statewide local
2243	hazardous waste management plan which will ensure comprehensive
2244	collection and proper management of hazardous waste from small
2245	quantity generators and household hazardous waste in Florida.
2246	The plan shall address, at a minimum, a network of local
2247	collection centers, transfer stations, and expanded hazardous
2248	waste collection route services. The plan shall assess the need
2249	for additional compliance verification inspections, enforcement,
2250	and penalties. The plan shall include a strategy, timetable, and
2251	budget for implementation.
2252	(2)(3)  For the purposes of this section, the phrase:
2253	(a)  "Collection center" means a secured site approved by
2254	the department to be used as a base for a hazardous waste
2255	collection facility.
2256	(b)  "Regional collection center" means a facility
2257	permitted by the department for the storage of hazardous wastes.
2258	(3)(4)  The department shall establish a grant program for
2259	local governments that which desire to provide a local or
2260	regional hazardous waste collection center. Grants shall be
2261	authorized to cover collection center costs associated with
2262	capital outlay for preparing a facility or site to safely serve
2263	as a collection center and to cover costs of administration,
2264	public awareness, and local amnesty days programs. The total
2265	cost for administration and public awareness may shall not
2266	exceed 10 percent of the grant award. Grants shall be available
2267	on a competitive basis to local governments which:
2268	(a)  Comply with the provisions of ss. 403.7225 and
2269	403.7264;
2270	(b)  Design a collection center which is approved by the
2271	department; and
2272	(c)  Provide up to 33 percent of the capital outlay money
2273	needed for the facility as matching money.
2274	(4)(5)  The maximum amount of a grant for any local
2275	government participating in the development of a collection
2276	center is shall be $100,000. If a regional collection facility
2277	is designed, each participating county is shall be eligible for
2278	up to $100,000. The department may is authorized to use up to 1
2279	percent of the funds appropriated for the local hazardous waste
2280	collection center grant program for administrative costs and
2281	public education relating to proper hazardous waste management.
2282	(5)(6)  The department shall establish a cooperative
2283	collection center arrangement grant program enabling a local
2284	hazardous waste collection center grantee to receive a financial
2285	incentive for hosting an amnesty days program in a neighboring
2286	county that is currently unable to establish a permanent
2287	collection center, but desires a local hazardous waste
2288	collection. The grant may reimburse up to 75 percent of the
2289	neighboring county's amnesty days. Grants shall be available, on
2290	a competitive basis, to local governments that which:
2291	(a)  Have established operational hazardous waste
2292	collection centers and are willing to assume a host role,
2293	similar to that of the state in the amnesty days program
2294	described in s. 403.7264, in organizing a local hazardous waste
2295	collection in the neighboring county.
2296	(b)  Enter into, and jointly submit, an interlocal
2297	agreement outlining department-established duties for both the
2298	host local government and neighboring county.
2299	(6)(7)  The maximum amount for the cooperative collection
2300	center arrangement grant is $35,000, with a maximum amnesty days
2301	reimbursement of $25,000, and a limit of $10,000 for the host
2302	local government. The host local government may receive up to
2303	$10,000 per cooperative collection center arrangement in
2304	addition to its maximum local hazardous waste collection center
2305	grant.
2306	(7)(8)  The department may has the authority to establish
2307	an additional local project grant program enabling a local
2308	hazardous waste collection center grantee to receive funding for
2309	unique projects that improve the collection and lower the
2310	incidence of improper management of conditionally exempt or
2311	household hazardous waste. Eligible local governments may
2312	receive up to $50,000 in grant funds for these unique and
2313	innovative projects, provided they match 25 percent of the grant
2314	amount. If the department finds that the project has statewide
2315	applicability and immediate benefits to other local hazardous
2316	waste collection programs in the state, matching funds are not
2317	required. This grant will not count toward the $100,000 maximum
2318	grant amount for development of a collection center.
2319	(8)(9)  The department may has the authority to use grant
2320	funds authorized under this section to assist local governments
2321	in carrying out the responsibilities and programs specified in
2322	ss. 403.7225, 403.7226, 403.7234, 403.7236, and 403.7238.
2323	Section 27.  Subsection (2) of section 171.205, Florida
2324	Statutes, is amended to read:
2325	171.205  Consent requirements for annexation of land under
2326	this part.--Notwithstanding part I, an interlocal service
2327	boundary agreement may provide a process for annexation
2328	consistent with this section or with part I.
2329	(2)  If the area to be annexed includes a privately owned
2330	solid waste disposal facility as defined in s. 403.703(32)(11)
2331	which receives municipal solid waste collected within the
2332	jurisdiction of multiple local governments, the annexing
2333	municipality must set forth in its plan the effects that the
2334	annexation of the solid waste disposal facility will have on the
2335	other local governments. The plan must also indicate that the
2336	owner of the affected solid waste disposal facility has been
2337	contacted in writing concerning the annexation, that an
2338	agreement between the annexing municipality and the solid waste
2339	disposal facility to govern the operations of the solid waste
2340	disposal facility if the annexation occurs has been approved,
2341	and that the owner of the solid waste disposal facility does not
2342	object to the proposed annexation.
2343	Section 28.  Subsection (69) of section 316.003, Florida
2344	Statutes, is amended to read:
2345	316.003  Definitions.--The following words and phrases,
2346	when used in this chapter, shall have the meanings respectively
2347	ascribed to them in this section, except where the context
2348	otherwise requires:
2349	(69)  HAZARDOUS MATERIAL.--Any substance or material which
2350	has been determined by the secretary of the United States
2351	Department of Transportation to be capable of imposing an
2352	unreasonable risk to health, safety, and property. This term
2353	includes hazardous waste as defined in s. 403.703(13)(21).
2354	Section 29.  Paragraph (f) of subsection (2) of section
2355	377.709, Florida Statutes, is amended to read:
2356	377.709  Funding by electric utilities of local
2357	governmental solid waste facilities that generate electricity.--
2358	(2)  DEFINITIONS.--As used in this section, the term:
2359	(f)  "Solid waste facility" means a facility owned or
2360	operated by, or on behalf of, a local government for the purpose
2361	of disposing of solid waste, as that term is defined in s.
2362	403.703(31)(13), by any process that produces heat and
2363	incorporates, as a part of the facility, the means of converting
2364	heat to electrical energy in amounts greater than actually
2365	required for the operation of the facility.
2366	Section 30.  Subsection (1) of section 487.048, Florida
2367	Statutes, is amended to read:
2368	487.048  Dealer's license; records.--
2369	(1)  Each person holding or offering for sale, selling, or
2370	distributing restricted-use pesticides shall obtain a dealer's
2371	license from the department. Application for the license shall
2372	be made on a form prescribed by the department. The license must
2373	be obtained before entering into business or transferring
2374	ownership of a business. The department may require examination
2375	or other proof of competency of individuals to whom licenses are
2376	issued or of individuals employed by persons to whom licenses
2377	are issued. Demonstration of continued competency may be
2378	required for license renewal, as set by rule. The license shall
2379	be renewed annually as provided by rule. An annual license fee
2380	not exceeding $250 shall be established by rule. However, a user
2381	of a restricted-use pesticide may distribute unopened containers
2382	of a properly labeled pesticide to another user who is legally
2383	entitled to use that restricted-use pesticide without obtaining
2384	a pesticide dealer's license. The exclusive purpose of
2385	distribution of the restricted-use pesticide is to keep it from
2386	becoming a hazardous waste as defined in s. 403.703(13)(21).
2387	Section 31.  Sections 403.7075, 403.756, 403.78, 403.781,
2388	403.782, 403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
2389	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
2390	403.789, 403.7891, 403.7892, and 403.7893, and 403.7895, Florida
2391	Statutes, are repealed.
2392	Section 32.  This act shall take effect July 1, 2007.

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