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Group Title: Bulletin
Title: Overview of the Florida solid waste management act of 1988
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 Material Information
Title: Overview of the Florida solid waste management act of 1988
Series Title: Bulletin
Alternate Title: Florida solid waste management act of 1988
Physical Description: 5 p. : ; 28 cm.
Language: English
Creator: Earle, Jonathan F. K., 1940-
Nordstedt, Roger Arlo, 1942-
Hammer, Marie S
Publisher: Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida
Place of Publication: Gainesville Fla
Publication Date: 1991
 Subjects
Subject: Refuse and refuse disposal -- Law and legislation -- Florida   ( lcsh )
Recycling (Waste, etc.) -- Law and legislation -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
non-fiction   ( marcgt )
 Notes
Bibliography: Includes bibliographical references.
Statement of Responsibility: Jonathan F.K. Earle, Roger A. Nordstedt and Marie S. Hammer.
General Note: Cover title.
General Note: "June 1991."
 Record Information
Bibliographic ID: UF00008528
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltqf - AAA6790
ltuf - AHR4421
oclc - 24157664
alephbibnum - 001639397

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June 1991


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Bulletin 272


I I'




Overview of the Florida Solid

Waste Management Act of 1988


Jonathan F.K. Earle, Roger A. Nordstedt and Marie S. Hammer
















Florida Cooperative Extension Service
Institute of Food and Agricultural Sciences
University of Florida
John T. Woeste, dean










































































Jonathan F. K. Earle, assistant professor and Extension waste management specialist; Roger A. Nordstedt, associate professor,
Department of Agricultural Engineering; and Marie S. Hammer, associate professor and Extension home environment specialist,
Department of Home Economics; IFAS, University of Florida, Gainesville, FL 32611









Introduction
A comprehensive Solid Waste Management Act
(SWMA), Senate Bill No. 1192, was passed by the
Florida Legislature and became effective on Octo-
ber 1, 1988. The SWMA is a major piece of environ-
mental legislation which became a model for other
solid waste legislation nationwide. The SWMA
essentially amends Chapter 403, Florida Statutes
(FS), the Environmental Control Statute, specifi-
cally Part IV, Resource Recovery and Management.
The SWMA Chapter 88-130, Laws of Florida,
comprises a total of 84 Sections which through
amendments, additions and deletions, provides the
framework for the future management of solid
waste in Florida. A fundamental provision of the
Act is the establishment of the Department of
Environmental Regulation (DER) as the agency
with primary responsibility for developing the state
program, adopting all regulations and standards,
permitting facilities, and managing a number of
grant programs.

Some SWMA general
provisions
Included in this section are some of the more
general provisions of the SWMA. Other specific
provisions are presented in later sections.

Recycling program
In an effort to achieve stated reduction goals,
each county must establish a recycling program by
July 1, 1989. All construction and demolition
debris, and most newspaper, aluminum cans, glass
and bottles must be separated. Separation of
plastics, other metal, other paper and yard trash is
also encouraged.

Recycling/reduction goals
County solid waste management programs
should be designed to achieve a reduction of 30% in
the weight of solid waste being sent to landfills by
December 31, 1994.

Full cost accounting
Effective October 1, 1989, each county and
municipality must determine the full cost for solid
waste management in its service area and advise
users of their portion of this cost.

Sale prohibitions
Under the SWMA, the sale of certain items is
prohibited in'the State of Florida:


* effective January 1, 1989 beverage containers
with detachable metal ring or tab.
* effective July 1, 1989 separate plastic ring
holding devices, unless degradable within 120
days.
* effective January 1, 1990 use by retail outlets of
plastic bags not degradable within 120 days.
* effective July 1, 1990 plastic container products
without resin labelling.
* effective October 1, 1990 containers or packing
materials manufactured with fully halogenated
chlorofluorocarbons.
* polystyrene foam or plastic-coated paper prod-
ucts, used with food for human consumption, not
degradable within 12 months.

Landfilling prohibitions
The landfilling of certain items is also banned
under the Act:
m effective October 1, 1988 used oil
* effective January 1, 1989 lead acid batteries
* effective January 1, 1990 white goods
* effective January 1, 1992 yard trash

Landfill operation
Effective January 1, 1990, persons who perform
the duties of operator at a solid waste management
facility should have completed a training course
approved by the DER.

Solid Waste Management Trust Fund
The SWMA created a Trust Fund to assist
counties and municipalities to comply with the
requirements of the Act.

Grants and awards
Eight new grants and awards programs were
established by the Act and are funded through the
Trust Fund. These are:
recycling
education
waste tires
m small county base grants
litter
used oil








* recycling program awards
* private sector innovative technologies.

Responsibilities of state
agencies

Powers and duties of DER
SWMA Section 6 amends Section 403.704, FS, to
empower DER to enforce implementation of a solid
waste management program and adoption of
related rules. DER is also responsible for:
* development of information on recovered materi-
als markets (Section 6)
* management of grants program for recycling and
solid waste management (Section 6)
* adoption of rules for implementation of
biohazardous and biological waste management
program (Section 6)
* establishment of standards for production of
compost (Section 7)
* yearly reports on status of the solid waste
management program (Section 10)
* certification of recycling equipment for tax
exemption purposes (Section 23)
* regulation of used oil as a hazardous waste
under federal law requirements (Section 29)
* coordinating use of recycled oil with other state
agencies (Section 30)
* enforcement of recycled oil regulation (Section
31)
* establishment of incentive program for use of
used oil collection center (Section 34)
* development of grants program for collection and
reuse of used oil (Section 35)
* development of certification program for trans-
porters of used oil (Section 36)
* development of permit system for regulation of
used oil recycling facilities (Section 37)
* establishment of qualifications for operators of
solid waste management facilities (Section 39)
* establishment of training programs for operators
of solid waste management facilities (Section 39)
* adoption of rules for establishment of landfill
management escrow account to fund closure of
landfills (Section 40)


* establishment of waste tire grant program for
counties which establish a waste tire processing
facility (Section 43)
* implementation of demonstration projects for
disposal of seafood processing byproducts in five
coastal counties (Section 60)
* issuing research, development and demonstra-
tion permits to solid waste management facili-
ties (Section 80)

Other state agencies' responsibilities
In addition to the DER, a number of other state
agencies have been given responsibilities under the
SWMA. These responsibilities are outlined in
Sections 21, 45, 48, 49, 50, 51, 54, 55, 59, 61, and
83.

Florida Department of Revenue (FDOR)
FDOR has responsibility for collection of revenue
under the SWMA and overseeing of the Solid Waste
Management Trust Fund.

Florida Department of Commerce (FDC)
FDC is mandated in Section 21(2) of the SWMA
to assist and encourage the recycling industry in
the state.

Department of Education
In Section 21(5) of the SWMA, the Department
of Education is mandated to develop, distribute and
encourage the use of guidelines for the collection of
recyclable materials and for the reduction of solid
waste in the state education system.

Department of Agriculture and Consumer
Services (DACS)
This department is mandated in Section 21 of
the SWMA to investigate potential markets for
composted materials.

Department of General Services (DGS)
DGS is mandated in Section 21 of SWMA to
conduct the Capitol Pilot Program for waste reduc-
tion and recycling, and to cooperate with other
state agencies in establishment of recycling pro-
grams in their buildings. DGS was also mandated
in Section 48(1) to review and revise existing
procurement procedures and specifications for the
purchase of products with recycled content.








Florida High Technology Industry Council
(FHTIC)
Section 45 of the SWMA mandates the FHTIC to
develop research programs associated with design-
ing and implementing recycling materials such as
plastics, rubber, metal, glass, paper and other
components of the Solid Waste Stream. Provision
has been made in Section 44 of the SWMA for
inclusion of recycling programs and development of
high technology applications from recyclable
materials in the Florida High Technology Industry
Council

Florida Department of Transportation
(FDOT)
Section 49 of the SWMA mandates the FDOT to
establish demonstration programs for use of recy-
clable materials such as waste rubber, incinerator
ash, mixed plastic, and glass materials.

Florida Public Service Commission (FPSC)
In Section 54 of the SWMA the PSC is mandated
to establish rules relating to electric utility pur-
chase of energy from solid waste management
facilities.

Florida Board of Regents (FBOR)
Section 50 of the SWMA requires that State
University System (SUS) projects related to solid
and hazardous waste management should be
coordinated by the Board of Regents. In this
Section the Florida Center for Solid and Hazardous
Waste Management (FCSHWM) was created. The
FCSHWM is a SUS Type I research center for
technology development, technology transfer, and
information dissemination, which is directed to
conduct research and provide technical assistance
in the areas of:
* methods and processes for recycling solid and
hazardous wastes
* methods of treatment for detoxifying hazardous
wastes
* technologies for disposing of solid and hazardous
wastes.

Department of Health and Rehabilitative
Services (HRS)
In Section 51 of the SWMA, general provisions
were included to direct HRS to adopt rules for the
minimum sanitary practices relating to the segre-
gation, handling, labeling, storage, treatment and


disposal ofbiohazardous waste, as defined in
Section 52.
Clean Florida Commission
A Clean Florida Commission was created within
DOT by Section 55 of the SWMA with responsibil-
ity for coordinating a statewide litter prevention
program in governmental agencies. In addition,
the non-profit organization "Keep Florida Beauti-
ful, Inc." was established to coordinate local com-
munity litter prevention programs.

Institute of Food and Agricultural Sciences
(IFAS)
Section 59 of the SWMA directed implementa-
tion of a compost demonstration project in which
IFAS was required to demonstrate feasibility of
composting yard trash from a typical municipal
solid waste stream with at least one project in
Alachua County.
Section 61 of the SWMA creates and mandates
IFAS to operate the Applications Demonstration
Center for Resource Recovery from Solid Organic
Materials to demonstrate and evaluate municipal
solid waste and wastewater treatment while
producing useful byproducts.

Prison Rehabilitative Industries and
Diversified Enterprises (PRIDE)
Section 83 of the SWMA instructs PRIDE, a non-
profit organization created pursuant to Section
946.504, FS, to examine the feasibility of establish-
ing and operating statewide collection and process-
ing facilities for used oil, waste tires, and plastics.

Responsibilities of local
governments

Solid waste management
Counties have been identified by the SWMA as
having primary responsibility for solid waste
management in Florida. Cities may not operate
disposal facilities except under special circum-
stances, and hence interlocal agreements between
cities and counties are required for effective man-
agement of the solid waste stream. Specific provi-
sions relating to local government responsibilities
are outlined in SWMA.

Reporting requirements
Effective October 1, 1989, each county must
report annually to DER on the progress made





%J i ,. T'
i. iiL "


towards achievement of the recycling goals. This
annual report should include:
* the county's public education program on recy-
cling
* the amounts of waste disposed by the following
types: yard trash, white goods, clean debris,
tires, and all other
* amount and type of materials recovered for
recycling
* percentage of population participating in pro-
gram
* percent reduction in amount of waste disposed
* description of recycling activities attempted,
success rates, reasons for success or failure,
evaluation of most successful ongoing activities
* recycling programs in progress (first report 10/1/
89).

Existing resource recovery plans
Counties required to submit a resource recovery
program shall revise such program to bring it into
compliance with this new Act.
Other entities with waste management responsi-
bilities
The requirements of this section shall apply to
any special district or other entity which has
previously been delegated waste management
responsibilities. Such bodies are also eligible for
any grants provided under the Act.

Full cost accounting
* Each local government is required to determine
the full cost of waste management in its service
area (not jurisdiction) by 10/1/89, or within one
year after DER promulgates a rule. This cost
should be updated annually.
a By 10/1/89, and on an annual basis, counties and
cities must inform each user of his/her share of
the full cost incurred.
* A private contractor may not be required by
cities and counties to make these calculations or
provide the information to the public, unless the
franchisee agrees.
In addition to any other fees allowed or required
by law, a county or city may levy fees for:
solid waste disposal, which may be based on
any relevant factor


developing and implementing a recycling
program for which the non ad-valorem process
of Chapter 197 may be used.
* A local government may provide grants, loans or
other incentives to aid low-income persons.

Flow control/operation of facilities
Counties are responsible for provision and
operation of solid waste disposal facilities.
Prohibition against city-owned facilities
Cities may not operate disposal facilities unless
approved by special act or interlocal agreement.
Exceptions are:
* facilities permitted on or prior to 10/1/88
* resource recovery and related on-site facilities.

Flow control across county boundaries
Counties may regulate disposal at county facili-
ties of waste generated outside the county.

Collection and transportation in cities
Cities are required to collect solid waste gener-
ated within their jurisdictions and transport such
waste to the disposal facility designated by the
county.

County disposal fees
Counties may charge reasonable disposal fees for
the processing of wastes.

Scales at disposal facilities
Effective 7/1/89, scales must be installed at
disposal facilities with a life expectancy greater
than one year.

Operator training
Effective 1/1/90, all persons responsible for
operation of a solid waste management facility
should have completed an appropriate training
course approved by DER.

Landfill management escrow account
Each landfill owner is required to establish an
escrow account to provide for eventual closure of
the landfill.





MARSTON SCIENCE LIBRARY


Recycling
Each county must initiate a recycling program
by July 1, 1989, designed to achieve a 30% reduc-
tion in the amount of waste disposed by 12/31/94.

Financial assistance
The SWMA established six grant and two award
programs to assist local governments in achieving
solid waste management goals. All grants and
awards are administered by the DER, except the
litter grants, which are overseen by the Clean
Florida Commission.

Summary
An overview of the Solid Waste Management
Act, Chapter 88-130, Laws of Florida, enacted by
the 1988 Florida Legislature has been presented in
this manuscript. Several of the more detailed
provisions have been omitted from this summary in
order to minimize the length of the manuscript.
However, efforts have been made to include most of
those provisions with direct impact on local govern-
ment operations. Reference should be made to the
actual language of the Act, where detailed informa-
tion on specific provisions may be found.

References
Florida Solid Waste Management Act of 1988.
Chapter 88 130 Laws of Florida, SB 1192.
Florida Department of Environmental Regulation.
1989. Solid waste management in Florida, 1989
Annual Report. Division of Waste Management.
Earle, J.F.K. 1989. Anaerobic Bioconversion
Volume I. Policy and Planning Manual. Coop-
erative Extension Service, University of Florida.


Earle, J.F.K. 1991. Significant Dates in the Florida
Solid Waste Management Act of 1988. Coopera-
tive Extension Service, University of Florida.

Nomenclature
DACS Department of Agriculture and Consumer
Services
DER Department of Environmental Regulation
DGS Department of General Services
FCSHWM Florida Center for Solid and Hazardous
Waste Management
FDC Florida Department of Commerce
FDOR Florida Department of Revenue
FDOT Florida Department of Transportation
FHTIC Florida High Technology Industry Council
FS Florida Statutes
HRS Department of Health and Rehabilitative
Services
IFAS Institute of Food and Agricultural Sciences
PRIDE Prison Rehabilitative Industries and
Diversified Enterprises
PSC Florida Public Service Commission
SUS State University System
SWMA Solid Waste Management Act, Senate Bill
No. 1192






















































































COOPERATIVE EXTENSION SERVICE,UNIVERSITYOF FLORIDA, INSTITUTE OF FOODANDAGRICULTURALSCIENCES,JohnT.Woeste,
director, in cooperation with the United States Department of Agriculture, publishes this information to further the purpose of the May 8 and June
30, 1914Acts of Congress; and is authorized to provide research, educational information and other services only to individuals and institutions that
function without regard to race, color, sex, age, handicap or national origin. Single copies of extension publications (excluding 4-H and youth
publications) are available free to Florida residents from county extension offices. Information on bulk rates or copies for out-of-state purchasers
is available from C.M. Hinton, Publications Distribution Center, IFAS Building 664, University of Florida, Gainesville, Florida32611. Before publicizing
this publication, editors should contact this address to determine availability. Printed 6/91.


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