Florida Senate - 2018 SB 1326
By Senator Baxley
12-01214-18 20181326__
1 A bill to be entitled
2 An act relating to the management of storm-generated
3 debris and solid waste; amending s. 403.703, F.S.;
4 revising the definition of “recovered materials” to
5 include certain wood, asphalt, and concrete materials;
6 amending s. 403.7071, F.S.; specifying that the
7 Governor may also order or proclaim storm events that
8 result in certain storm-generated debris provisions;
9 requiring local governments to suspend exclusive
10 contracts for the collection, hauling, staging, or
11 disposal of storm-generated debris and solid waste
12 under certain conditions; prohibiting local
13 governments from entering into and extending such
14 contracts after a specified date; providing
15 applicability; providing a directive to the Division
16 of Law Revision and Information; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (28) of section 403.703, Florida
22 Statutes, is amended to read:
23 403.703 Definitions.—As used in this part, the term:
24 (28) “Recovered materials” means metal, paper, glass,
25 plastic, textile, or rubber, wood, asphalt, or concrete
26 materials that have known recycling potential, can be feasibly
27 recycled, and have been diverted and source separated or have
28 been removed from the solid waste stream for sale, use, or reuse
29 as raw materials, whether or not the materials require
30 subsequent processing or separation from each other, but the
31 term does not include materials destined for any use that
32 constitutes disposal. Recovered materials as described in this
33 subsection are not solid waste.
34 Section 2. Section 403.7071, Florida Statutes, is amended
35 to read:
36 403.7071 Management of storm-generated debris.—Solid waste
37 generated as a result of a storm event that is the subject of an
38 executive order or proclamation of the Governor or an emergency
39 order issued by the department may be managed as follows:
40 (1) Recycling and reuse of storm-generated vegetative
41 debris is encouraged to the greatest extent practicable. Such
42 recycling and reuse must be conducted in accordance with
43 applicable department rules and may include, but is not limited
44 to, chipping and grinding of the vegetative debris to be
45 beneficially used as a ground cover or soil amendment, compost,
46 or as a combustible fuel for any applicable commercial or
47 industrial application.
48 (2) The department may issue field authorizations for
49 staging areas in those counties affected by a storm event. Such
50 staging areas may be used for the temporary storage and
51 management of storm-generated debris, including the chipping,
52 grinding, or burning of vegetative debris. Field authorizations
53 may include specific conditions for the operation and closure of
54 the staging area and must specify the date that closure is
55 required. To the greatest extent possible, staging areas may not
56 be located in wetlands or other surface waters. The area that is
57 used or affected by a staging area must be fully restored upon
58 cessation of the use of the area.
59 (3) Storm-generated vegetative debris managed at a staging
60 area may be disposed of in a permitted lined or unlined
61 landfill, a permitted land clearing debris facility, a permitted
62 or certified waste-to-energy facility, or a permitted
63 construction and demolition debris disposal facility. Vegetative
64 debris may also be managed at a permitted waste processing
65 facility or a registered yard trash processing facility.
66 (4) Construction and demolition debris that is mixed with
67 other storm-generated debris need not be segregated from other
68 solid waste before disposal in a lined landfill. Construction
69 and demolition debris that is source separated or is separated
70 from other hurricane-generated debris at an authorized staging
71 area, or at another area permitted or specifically authorized by
72 the department, may be managed at a permitted construction and
73 demolition debris disposal facility, a Class III landfill, or a
74 recycling facility upon approval by the department of the
75 methods and operational practices used to inspect the waste
76 during segregation.
77 (5) Unsalvageable refrigerators and freezers containing
78 solid waste, such as rotting food, which may create a sanitary
79 nuisance may be disposed of in a permitted lined landfill;
80 however, chlorofluorocarbons and capacitors must be removed and
81 recycled to the greatest extent practicable.
82 (6) A local government or its agent Local governments or
83 their agents may conduct the burning of storm-generated yard
84 trash, other storm-generated vegetative debris, or untreated
85 wood from construction and demolition debris in air-curtain
86 incinerators without prior notice to the department. Within 10
87 days after commencing such burning, the local government shall
88 notify the department in writing describing the general nature
89 of the materials burned; the location and method of burning; and
90 the name, address, and telephone number of the representative of
91 the local government to contact concerning the work. The
92 operator of the air-curtain incinerator is subject to any
93 requirement of the Florida Forest Service or of any other agency
94 concerning authorization to conduct open burning. Any person
95 conducting open burning of vegetative debris is also subject to
96 such requirements.
97 (7) A local government must suspend any exclusive contracts
98 for the collection, hauling, staging, or disposal of storm
99 generated debris or commercial or residential solid waste if the
100 local government reasonably determines that the contractor will
101 not be able to provide the contracted level of service or that
102 the contracted level of service is expected to be insufficient
103 to meet the needs of the local government. After the effective
104 date of this act, a local government may not enter into a new
105 exclusive contract or extend an existing exclusive contract for
106 the collection, hauling, staging, or disposal of storm-generated
107 debris. This subsection does not impair, void, or cause the
108 modification of any contract entered into on or before the
109 effective date of this act between a local government and an
110 exclusive contractor or franchisee.
111 Section 3. The Division of Law Revision and Information is
112 directed to replace the phrase “the effective date of this act”
113 wherever it occurs in this act with the date the act becomes a
114 law.
115 Section 4. This act shall take effect upon becoming a law.