The Florida Senate

403.4154  Phosphogypsum management program.--

(1)  DEFINITIONS.--As used in this section:

(a)  "Department" means the Department of Environmental Protection.

(b)  "Existing stack" means a phosphogypsum stack, as defined in paragraph (d), that is:

1.  In existence in this state on May 12, 1993; or

2.  Constructed in this state after May 12, 1993, and for which the department has received a certification of completion of construction submitted by the owner of the newly constructed phosphogypsum stack.

The term "existing stack" does not include a phosphogypsum stack that has been closed pursuant to a department permit or order.

(c)  "Phosphogypsum" means calcium sulfate and byproducts produced by the reaction of sulfuric acid with phosphate rock to produce phosphoric acid.

(d)  "Phosphogypsum stack" means any defined geographic area associated with a phosphoric acid production facility in which phosphogypsum is disposed of or stored, other than within a fully enclosed building, container, or tank.

(2)  REGULATORY PROGRAM.--

(a)  It is the intent of the Legislature that the department develop a program for the sound and effective regulation of phosphogypsum stack systems in the state. It is further the intent of the Legislature that such regulatory program include the imposition of an annual registration fee on stacks that have not been closed and that such fees be used for the purpose of paying the costs of the department's review of applications to permit the closure of stack systems or the construction of new or expanded stack systems and of the department's review of requests for deferral of mandatory closure requirements.

(b)  The department shall adopt rules that prescribe acceptable construction designs for new or expanded phosphogypsum stack systems and that prescribe permitting criteria for operation, closure criteria, long-term care requirements, and closure financial responsibility requirements for phosphogypsum stack systems.

(3)  REGISTRATION FEES.--

(a)  The total annual registration fees for all existing stacks shall be the amount required by the department to accomplish the following activities:

1.  Review and processing of a request by an owner of a phosphogypsum stack system that it be relieved of any mandatory obligation to close the system, or any portion thereof, prior to using the system for its entire remaining useful life.

2.  Review and processing of an application to construct a new or expanded phosphogypsum stack system.

3.  Review and processing of an application to close a phosphogypsum stack system, or portion thereof.

(b)  On or before August 1 of each fiscal year, the department shall provide written notice to each owner of an existing stack of the annual registration fee payable for that fiscal year. Each owner shall remit the annual registration fee to the department within 30 days after receipt of the notice. The notice required by this section shall be accompanied by a report prepared by the department presenting the expenditures using annual registration fees required by this section made by the department during the immediately preceding fiscal year and indicating the amount of any unexpended funds.

(c)  The total annual registration fees for all existing stacks shall not exceed $500,000. The annual registration fee for each existing stack shall be the amount calculated by dividing the maximum total registration fees collectible in a particular fiscal year by the total number of existing stacks as of June 30 of the immediately preceding fiscal year.

History.--s. 62, ch. 93-207; s. 382, ch. 94-356.