a-_ 40.13 196SPPEET OFORD TAUE 16 0.
(b) The department shall prepare an annual report
detailing the amount loaned, interest earned, and loans
outstanding at the end of each fiscal year.
(6) Prior to approval of a loan, the local government
(a) Provide a repayment schedule.
(b) Submit plans and specifications for sewage
(c) Provide assurance that records will be kept using
accepted government accounting standards and that
the department, the Auditor General, or their agents will
have access to all records pertaining to the loan.
(d) Provide assurance that the facility will be proper-
ly operated and maintained.
(e) Document that the revenues generated will be
sufficient to ensure that the facilities will be self-
(7) Eligible projects shall be given priority according
to the extent each project is intended to remove, miti-
gate, or prevent adverse effects on surface or ground
, water quality and public health.
(8) In the event a local governmental agency be-
comes delinquent on its loan, the department shall so
certify to the Comptroller who shall forward the amount
delinquent to the department from any unobligated
-r funds due to the local governmental agency under any
f (3 revenue sharing or tax sharing fund established by the
state, except as otherwise provided by the State Consti-
S tution. Certification of delinquency shall not limit the de-
partment from pursuing other remedies available for de-
fault on a loan. The department may impose a penalty
for delinquent loan payments in the amount of 6 percent
of the amount due in addition to charging the cost to
handle and process the debt. Penalty interest shall ac-
crue on any amount due and payable beginning on the
30th day following the date upon which payment is due.
(9) A trust fund with revolving loan provisions to be
known as the "Sewage Treatment Loan Fund' is hereby
established in the State Treasury to be used as a revolv-
ing fund by the department to carry out the purpose of
this section. Any funds therein not needed on an imme-
diate basis for loans may be invested pursuant to s.
215.49. The cost of administering this program shall be
S paid by the department from funds appropriated to it.
S Grants awarded by the Federal Government to fund re-
ii~ evolving loans for local governmental agencies' sewage
treatment facilities shall be deposited in the Sewage
Treatment Loan Fund. All funds available in the sewage
treatment loan fund are hereby designated to carry out
the purpose of this section, and the principal of all loans
repaid or investments made shall be deposited into this
HiSM .-s I Ch 72-723. 19. ch 79-6. S 20. ch 86-186.
(1) Upon application, the department in its discre-
tion may grant a variance from the provisions of this act
or the rules and regulations adopted pursuant hereto.
Variances and renewals thereof may be granted for any
one of the following reasons:
(a) There is no practicable means known or available
for the adequate control of the pollution involved.
(b) Compliance with the particular requirement or re-
quirements from which a variance is sought will necessi-
tate the taking of measures which, because of their ex-
tent or cost, must be spread over a considerable period
of time A variance granted for this reason shall pre-
scribe a timetable for the taking of the measures re-
(c) To relieve or prevent hardship of a kind other
than those provided for in paragraphs (a) and (b). Vari-
ances and renewals thereof granted under authority of
this paragraph shall each be limited to a period of 24
months, except that variances granted pursuant to part
II may extend for the life of the permit or certification.
(2) No variance shall be granted from any provision
or requirement concerning hazardous waste manage-
ment which would result in the provision or requirement
being less stringent than a comparable federal provision
or requirement, except as provided in s. 403.7221.
(3) The department shall publish notice, or shall re-
quire a petitioner for a variance to publish notice, in the
Florida Administrative Weekly and in a newspaper of
general circulation in the area affected, of proposed
agency action; and the department shall afford interest-
ed persons an opportunity for a hearing on each applica-
tion for a variance. If no request for hearing is filed with
the department within 14 days of published notice, the
department may proceed to final agency action without
(4) The department may require by rule a process-
ing fee for and may prescribe such time limits and other
conditions to the granting of a variance as it deems ap-
HiUYo.-s 21, ch 67-436. u 26 35. ch 69-106: s 1. ch 74-170. s. 14. ch
78-95. I 7. ch 82-27. s 21. ch 8-186
ELECTRICAL POWER PLANT SITING
Department of Environmental Regulation;
powers and duties enumerated.
Applicability and certification.
Reports and studies.
Proceedings, parties, participants.
Final disposition of application.
Effect of certification.
Modification of certification.
Department of Environmental Regulation;
powers and duties.
(1) "Applicant' means any electric utility which
makes application for an electric power plant site certifi-
cation pursuant to the provisions of this act.
(2) 'Application' means the documents required by
the department to be filed to initiate a certification pro-
ceeding and shall include the documents necessary for
the department to render a decision on any permit re-
quired pursuant to any federally delegated or approved
(3) "Person" means an individual, partnership, joint
venture, private or public corporation, association, firm,
1986 SUPPLEMENT TO FLORIDA STATUTES 1985
a. 403.503 19886 SUPPLEMENT TO F
public service company, political subdivision, municipal
corporation, government agency, public utility district,
or any other entity, public or private, however organized.
(4) "Electric utility" means cities and towns, coun-
ties, public utility districts, regulated electric companies,
electric cooperatives, and joint operating agencies, or
combinations thereof, engaged in, or authorized to en-
gage in, the business of generating, transmitting, or dis-
tributing electric energy.
(5) "Site" means any proposed location wherein an
electrical power plant, or an electrical power plant alter-
ation or addition resulting in an increase in generating
capacity, will be located, including offshore sites within
(6) "Certification" means the written order of the
board approving an application in whole or with such
modifications or conditions as the board may deem ap-
(7) "Electrical power plant" means, for the purpose
of certification, any steam or solar electrical generating
facility using any process or fuel, including nuclear mate-
rials, and includes associated facilities and those direct-
ly associated transmission lines required to connect the
electrical power plant to an existing transmission net-
work or rights-of-way to which the applicant intends to
connect, except that this term does not include any
team or solar electrical generating facility of less than
| <5 megawatts in capacity unless the applicant for such
a facility elects to apply for certification under this act.
(8) "Department" means the Department of Environ-
(9) "Board" means the Governor and Cabinet sitting
as the Siting Board.
(10) "Agency," as the context requires, means an offi-
cial, officer, commission, authority, council, committee,
department, division, bureau, board, section, or other
unit or entity of government, including a regional or local
(11) "State comprehensive plan' means that plan pre-
pared in accordance with the provisions of part I of chap-
(12) license e means a franchise, permit, certification,
registration, charter, or similar form of authorization re-
quired by law, but it does not include a license required
primarily for revenue purposes when issuance of the li-
cense is merely a ministerial act.
(13) "Designated hearing officer" means the hearing
officer assigned by the Division of Administrative Hear-
ings pursuant to chapter 120 to conduct the hearings re-
quired by this part.
(14) "Notice of intent" means that notice which is filed
with the department on behalf of an electric utility prior
to submission of an application pursuant to this act and
which notifies the department of an intent to file an appli-
(15) "Modification" means any change in the certifica-
tion order after issuance, including a change in the con-
Cns of certification.
I 6) "Amendment" means any change in the applica-
tnn for certification made after the initial filing.
(17) "Federally delegated or approved permit pro-
gram" means any environmental regulatory program ap-
proved by an agency of the Federal Government so as
LORIDA STATUTES 1985
to authorize the department to administer and issue per-
mits pursuant to federal law, including, but not limited
to, new source review and prevention of significant dete-
rioration permits under the Clean Air Act (42 U.S.C. s
7401 et seq.), permits under sections 402 and 404 of the
Clean Water Act (33 U.S.C. s. 1251 et seq.), and permits
under the Resource Conservation and Recovery Act (42
U.S.C. s. 6901 et seq.).
Hmy.--sJ ach 73-33. 1. cht 76-7&s 1. ch 79-7. 3. ch 81-13s 14.
c. 86-173; 22.ch 86-186
403.504 Department of Enviromental Regulatlon;
powes and duties enumerated.-The Department of
Environmental Regulation shall have the following pow-
ers and duties in relation to this act:
(1) To adopt, promulgate, or amend reasonable
rules to implement the provisions of this act, including
rules setting forth environmental precautions to be fol.
lowed in relation to the location and operation of electri-
cal power plants.
(2) To prescribe the form and content of the notice
of intent and the form, content, and necessary support.
ing documentation and studies to be prepared by the
applicant for electric power plant site certification app&
(3) To receive applications for electrical power plant
site certifications and to determine the completeness
and sufficiency thereof.
(4) To make, or contract for, studies of electrical
power plant site certification applications.
(5) To administer the processing of applications for
electric power plant site certifications and to ensure that
the applications are processed as expeditiously as pos-
(6) To notify al affected agencies of the filing of an
application within 15 days of receiving the complete ap
(7)(a) To require an application fee for certification
not to exceed $50,000. The application fee shall be paid
to the department upon the filing of each application for
site certification. The fee shall be fixed by rule on a sid
ing scale related to the size, type, ultimate site capacity
or increase in generating capacity proposed by the ap
plication. A minimum fee of $5,000 shall be required for
each application. All reasonable expenses and costs Of
the proceeding incurred by the department, the Division
of Administrative Hearings, the Public Service Comil"
sion, the Department of Community Affairs, the war
management district, created pursuant to chapter T37
in the jurisdiction of which the facility is to be Ioclr"
or any other agency from which the department r'
quests special studies pursuant to s. 403.507(1)X(' '
cluding those expenses and costs which are associate
with the cost of publication of public notices, the pi.
ration and conduct of the hearings, the recording an
transcription of the proceedings, and the studieW I
quired of the agencies by this act, shall be paid from do
application fee. Any sums remaining after the PI
of authorized costs shall be refunded to the a
within 90 days of the issuance or denial of ceVto :
or withdrawal of the application. The applicant S
provided with an itemized accounting of the e,"
r (b) To require a
department with a n,
manner as the appli
W. rd the application
. ';-(8) To prepare
W.~ik the designated
rise no later than
F mi-nis filed with tt
-:(a) A statement
gslctrical power plant
be in complied
(b) The report fro
required by ss. 4C
(1c) The report of
s as required by s
(d) The report fro
Required by s. 40W
(e) The studies ci
(ff The comment.
mty other agency.
; (0) The recommer
depositionn of the apf
osn of certification
should be imposed.
(h)' Any notice of
aiding any permit ret
9gted or approved pe
(9) To provide ad
application and ol
u11nt to this part, incil
Lipcable under any fed
(10) To prescribe t
arising from the c
Power plants to t
of the certifcati
(11) To notify all age
of intent within 15
sPlblish public noti
such notice of
(12) To require a ce
$5,000. from tr
onwhich fee shall
a formal peMition h
t to s. 403.516
shll be rei
after approval or
13) To withhold fror
this section a reaw
required by any
shall be specify
completion of an
sha be refunded t
)To issue, simult
~" 'Iy. delegate.
cl. I aS S1
(b) To require a fee of $2,500 to be submitted to the
department with a notice of intent The notice-of-intent
fee shall be used, disbursed, and refunded in the same
manner as the application fee and shall be a credit to-
ward the application fee.
(8) To prepare a written analysis which shall be filed
with the designated hearing officer and served on al
parties no later than 8 months after the complete appli-
cation is filed with the department, and which shall in-
(a) A statement indicating whether the proposed
electrical power plant and proposed ultimate site capac-
ity will be in compliance with the rules of the depart-
(b) The report from the Public Service Commission
as required by as. 403.507 and 403.519.
(c) The report of the Department of Community Af-
S fairs as required by s. 403.507.
r (d) The report from the water management district
S as required by s. 403.507.
(e) The studies conducted pursuant to s. 403.507.
(f) The comments received by the department from
any other agency.
'- (g) The recommendation of the department as to the
disposition of the application and any proposed condi-
tions of certification which the department believes
should be imposed.
(h) Any notice of proposed department action re-
garding any permit required pursuant to a federally dele-
gated or approved permit program.
(9) To provide adequate public notice of the filing of
S the application and of the proceedings conducted pur-
: suant to this part, including the notice requirements ap-
Splicable under any federally delegated or approved per-
S (10) To prescribe the means for monitoring the ef-
fects arising from the construction and operation of elec-
trical power plants to assure continued compliance with
Terms of the certification.
(11) To notify all agencies affected of the fiing of a no-
tice of intent within 15 days of receipt of the notice and
to publish public notice that the department has re-
ceived such notice of intent.
(12) To require a certification modification fee, not to
exceed $5,000, from the party petitioning for the modifi-
aotion, which fee shall be submitted to the department
With a formal petition for modification to the department
pursuant to s. 403.516(3). Any sums remaining after the
proceeding shall be refunded to the petitioner within 90
days after approval or denial of the modification.
(13) To withhold from the application fee established
by this section a reasonable sum sufficient to cover
costs associated with postcertification review of activi-
ties required by any condition of certification. Such
sums shall be specified as a part of each condition.
Upon completion of any such reviews, any sums remain-
ing shall be refunded to the applicant.
(14) To issue, simultaneously with the electrical pow-
er plant certification, any permit required pursuant to
My federally delegated or approved pMit program
.*Ia.-s .. c 6I. er -7;i. 1. ch TI77-1* 13 h 0-10. L.
4, Cd81-131. 35 ci k 81-167 3, di 83-t a 2.dc M86-1N
403.506 Applicability and ceficaton.--
(1) The provisions of this chapter shall apply to any
electrical power plant as defined herein, except that the
provisions of the Power Plant Siting Act shall not apply
to any electrical power plant or steam generating plant
of less than 75 megawatts in capacity unless the appli-
cant has elected to apply for certification under this act.
No construction of any new electrical power plant or ex-
pansion in steam generating capacity of any existing
electrical power plant may be undertaken after October
1, 1973, without first obtaining certification in the man-
ner as herein provided, except that this act shall not ap-
ply to any such electrical power plant which is presently
operating or under construction or which has, upon the
effective date of chapter 73-33, Laws of Florida, applied
for a permit or certification under requirements in force
prior to the effective date of such act.
(2) Except as provided in the certification, modifica-
tion of nonnuclear fuels, internal related hardware, or op-
erating conditions not in conflict with certification which
increase the electrical output of a unit to no greater ca-
pacity than the maximum operating capacity of the ex-
isting generator shall not constitute an alteration or addi-
tion to generating capacity which requires certification
pursuant to this act.
(3) The application for any related department per-
met which is required pursuant to any federally delegat-
ed or approved permit program shall be processed with-
in the time periods allowed by this act, in lieu of those
specified in s. 120.60.
MIi.Ln--.. I.ch 73-3. 3. ch 7766: 1 2.en 79-7&6 5. ch 81-131. s 15.
ch. 86-173. 24. ch 86-1.
40.50 Reports and smdl.-
(1) It shall be the duty of the department to provide
copies of the application as filed, within 15 days of its
receipt by the department, to the Department of Com-
munity Affairs, the Public Service Commission, and the
water management district, created by chapter 373, in
the jurisdiction of which the facility is to be located. The
applicant, at its cost, shall furnish such information,
studies, and data as the department may direct.
(a) Within 5 months of receipt of a copy of the com-
plete application, the Department of Community Affairs
shall present a report as to the compatibility of the pro-
posed electrical power plant with the state comprehen-
sive plan to the department. The Department of Commu-
nity Affairs shall submit a preliminary report within 60
days of receipt of a copy of the complete application.
(b) The Public Service Commission shall prepare a
report as to the present and future need for the electrical
generating capacity to be supplied by the proposed
electrical power plant. The report may include the com-
ments of the commission with respect to any matters
within its jurisdiction. It shall submit its report to the de-
partment within 5 months of receipt of a copy of the
complete application. The commission shall submit a
preliminary report within 60 days of receipt of a copy of
the complete application
(c) Within 5 months of receipt of a copy of the com-
plete application, the water management district, as de-
fined in chapter 373, in the jurisdiction of which the pro-
posed electrical power plant is to be located shall pre-
_L _L r~___ _I
pare a report as to matters within its jurisdiction. Thewa-
ter management district shall submit a preliminary re-
port within 60 days of receipt of a copy of the complete
(d) The department may request that any other
agency perform studies and prepare reports as to mat-
ters within the jurisdiction of that agency which may be
Potentially affected by the proposed electrical power
plant. Such studies or reports shall be submitted to the
department within 5 months of receipt of a copy of the
complete application by that agency.
(2) As needed to verify or supplement the studies
made by the applicant in support of the application, it
shall be the duty of the department to conduct, or con-
tract for, studies of the proposed electrical power plant
and site, including, but not limited to, the following:
(a) Cooling system requirements.
(b) Construction and operational safeguards.
(c) Proximity to transportation systems.
(d) Soil and foundation conditions.
(e) Impact on suitable present and projected water
supplies for this and other competing uses.
(f) Impact on surrounding land uses.
(g) Accessibility to transmission corridors.
(h) Environmental impacts.
(i) Requirements applicable under any federally del-
(!gated or approved permit program.
S(3) The department shall initiate the activities re-
quired by this section no later than 30 days after the
complete application is filed. The department shall keep
the applicant informed as to the progress of the studies
and any issues raised thereby.
(4) The studies required by subsection (2) shal be
completed no later than 7 months after the complete ap-
plication is filed with the department.
lter I.-1 1. c. 73-3 s. i. 76-7 a. 133. ch 19-10. tI c 81-131. t
33. ch 81-IS t 36. ch 3-S: s. 25 ch. 8-1s
403.50 Proceedging p~li paitpMM--
(1) The designated hearing officer shall conduct a
land use hearing in the county of the proposed site with-
in 90 days of receipt of a complete application for electri-
cal power plant site certification by the department. The
place of such hearing shall be as close as possible to the
proposed site. The department shall arrange for publica-
tion of notice of the land use hearing and of the deadline
for filing of notice of intent to be a party at least 45 days
before the date set for the land use hearing.
(2) The sole issue for determination at the land use
hearing shall be whether or not the proposed site is
consistent and in compliance with existing land use
plans and zoning ordinances. The designated heanng
officer's recommended order shall be issued within 30
days of completion of the hearing and shall be reviewed
by the board within 45 days of receipt of the recom-
mended order by the board. If it is determined by the
board that the proposed site does conform with existing
od use plans and zoning ordinances in effect as of the
e of the application, the responsible zoning or plan-
ning authority shall not thereafter change such land use
plans or zoning ordinances so as to affect the proposed
site unless certification is subsequently denied. If it is
determined by the board that the proposed site does
not conform, it shall be the responsibility of the applwcant
to make the necessary application for rezoning. Should
the application for rezoning be denied, the applican
may appeal this decision to the board, which may, 1 1,
determines after notice and hearing that it is in the pu
lic interest to authorize a nonconforming use of the land
as a site for an electrical power plant, authorize a val
ance to the existing land use plan and zoning ornI
nances. In the event a variance is denied, no further a.,
tion may be taken on the complete application by the
department until the proposed site conforms to existing
land use plans or zoning ordinances.
(3) A certification hearing shall be held by the desi
nated hearing officer no later than 10 months after the
complete application is filed with the department; how
ever, an affirmative determination of need by the Publ
Service Commission pursuant to s. 403.519 shall be a
condition precedent to the conduct of the certificatba
hearing. The certification hearing shall also constitute
the sole hearing allowed by chapter 120 to determine
the substantial interest of a party regarding any related
permit required pursuant to any federally delegated or
approved permit program. At the conclusion of the cor
fiction hearing, the designated hearing officer shall,. t
ter consideration of all evidence of record, submit to ffr
board a recommended order no later than 12 months a
ter receipt of the complete application by the depfl
(4)a) Parties to the proceeding shall include'
1. The applicant.
2. The Public Service Commission.
3. The Department of Community Affairs
4. The water management district, as defined IN
chapter 373, in the jurisdiction of which the propoBW
electrical power plant is to be located.
5. The department.
(b) Upon the filing with the department of a nolw
of intent to be a party at least 15 days prior to the dl .
set for the land use hearing, the following shall also I
parties to the proceeding:
1. Any county or municipality in whose jurins
the proposed electrical power plant is to be locam"
2. Any state agency not listed in paragraph ()
to matters within its jurisdiction.
3. Any domestic nonprofit corporation or a
tion formed, in whole or in part, to promote ons,1 :
or natural beauty; to protect the environmantw.i ,
health, or other biological values; to preserve
sites: to promote consumer interests; to represent
commercial, or industrial groups; or to pro"mo -
development of the area in which the propo .d
cal power plant is to be located.
(c) Notwithstanding paragraph (4d). fl
agency described in subparagraphs (4)(b)1. or i
to file a notice of intent to be a party within the M
vided herein shall constitute a waiver of the ri
agency to participate as a party in the proc .aSi
(d) Other parties may include any perSob)
those persons enumerated in paragraph (4Xb)
failed to timely file a notice of intent to be aptl
substantial interests are affected and beg
by the proceeding and who timely file,
vene pursuant to chapter 120 and epplical"
1t- sa i pursuant to tt
Discretion of the
such conditions i
is. msdavsbefore thec
Any agency wh
id pursuant to s.
he request of th
proposes to con
es shall be g
Sor challenge c
i and duties grar
0 and 403 and by
ve disputes over
i-t.l.c c r7-; a s
I: L 36. cth. -167. s
Within 60 days oi
he application t
approving with n
Ift a certificate, 11
I, and stating the
rwificate is dens
the action the apF
on, the departm
hired pursuant to
Permit program. 7
ey the permit s
1% subsection sh
Ication issued b
Sby the dep
d approved pe
hal not affect t
regard to the
Which is a party th
have the auth
l electrical power
agency to execu
et forth in su
Sissuance or de
the issuance 01
fr permit pro
. 1966 SUT TO F A Sa.403.511
s-w.59 al dipoasiti of applction.-
(1) Within 60 days of receipt of the designated hear-
ing officer's recommended order, the board shall act
upon the application by written order, approving in
Whole, approving with modifications, or denying the is-
suance of a certificate, in accordance with the terms of
this act, and stating the reasons for issuance or denial.
If the certificate is denied, the board shall set forth in
writing the action the applicant would have to take to se-
cure the board's approval of the application.
(2) Simultaneously with the board's action on the
,application, the department shall issue or deny any per-
mit required pursuant to any federal delegated or ap-
proved permit program. The department's decision to is-
sue or deny the permit shall be based upon the record
Sand recommended order of the certification hearing. Un-
les the federally delegated or approved permit program
,provides otherwise, permits issued by the department
. under this subsection shall be effective for the term of
i the certification issued by the board. If renewal of any
SPermit issued by the department pursuant to a federally
. delegated or approved permit program is required, such
renewal shall not affect the certification issued by the
(3) In regard to the properties and works of any
agency which is a party to the certification hearing, the
bad shalt have the authority to decide issues relating
ib the use, the connection thereto, or the crossing there-
pf. for the electrical power plant and site and to direct
rny such agency to execute, within 30 days of the entry
Certification, the necessary license or easement for
use, connection, or crossing, subject only to the
tions set forth in such certification.
(4) The issuance or denial of the certification by the
d and the issuance or denial of any related depart-
Pent permit required pursuant to any federally delegat-
approved permit program shall be the final admin-
action required as to that application.
--m I, ch 73-33. 7 ch 16-6 I 141. ch 77-104. s. 27, ch 86-18,
vention pursuant to this paragraph may be granted at
the discretion of the designated hearing officer and
upon such conditions as he may prescribe any time prior
to 15 days before the commencement of the certification
(e) Any agency whose properties or works are being
affected pursuant to s. 403 509(2) shall be made a party
upon the request of the department or the applicant.
(5) When appropriate, any person may be given an
opportunity to present oral or written communications to
the designated hearing officer. If the designated hearing
officer proposes to consider such communications, then
all parties shall be given an opportunity to cross-
examine or challenge or rebut such communications.
(6) The designated hearing officer shall have all
powers and duties granted to hearing officers by chap-
ters 120 and 403 and by the rules of the department and
the Administration Commission, including the authority
to resolve disputes over the completeness of an applica-
tion for certification.
NHkrM.-s 1.ch 73- 6.ch 6-76. I 1.ch 77-174. s 134. ch 79-190.
9,ch 81-131. s 31. ch 81-167. a 37. ch 83-5& s 6. ch. 86-188
403.511 Effect of certificaton.-
(1) Subject to the conditions set forth therein, any
certification signed by the Governor shall constitute the
sole license of the state and any agency as to the ap-
proval of the site and the construction and operation of
the proposed electrical power plant, except for the issu-
ance of department permits required under any federally
delegated or approved permit program and except as
otherwise provided In subsection (4).
(2) The certification shall authorize the electric utility
named therein to construct and operate the proposed
electrical power plant, subject only to the conditions of
certification set forth in such certification, and except for
the issuance of department permits required under any
federally delegated or approved permit program. Except
as provided in subsection (4), the certification agree-
ment may include conditions which constitute variances
from nonprocedural standards or regulations of the de-
partment or any other standards or regulations of any
other agency which were expressly considered during
the proceeding and which otherwise would be applica-
ble to the construction and operation of the proposed
electrical power plant. However, no vanance shall be
granted from standards or regulations of the department
applicable under any federally delegated or approved
permit program, except as expressly allowed in such
(3) The certification shall be in lieu of any license,
permit, certificate, or similar document required by any
agency pursuant to, but not limited to, chapter 161,
chapter 253, chapter 298, chapter 370, chapter 373,
chapter 380. chapter 381, chapter 387, chapter 404, the
Florida Transportation Code, or 33 U.S.C. s. 1341.
(4) This part shall not affect in any way the ratemak-
ing powers of the Public Service Commission under
chapter 366; nor shall this part in any way affect the right
of any local government to charge appropriate fees or
require that construction be in compliance with local
building codes, standards, and regulations.
(5(a) An electrical power plant certified pursuant to
this act shall comply with rules adopted by the depart-
ment subsequent to the issuance of the certification
which prescribe new or stricter criteria, to the extent that
the rules are applicable to electrical power plants. Ex-
cept when express variances have been granted, sub-
sequently adopted rules which prescribe new or stricter
criteria shall operate as automatic modifications to certi-
(b) Any holder of a certification issued pursuant to
this act may choose to operate the certified electrical
power plant in compliance with any rule subsequently
adopted by the department which prescribes criteria
more lenient than the criteria required by the terms and
conditions in the certification which are not site-
(c) No term or condition of certification shall be inter-
preted to preclude the postcertification exercise by any
party of whatever procedural rights it may have under
chapter 120, including those related to rulemaking pro-
ceedings. This subsection shall apply to previously is-
HlM .- l .ch t 73- s 2,ch 74-170. t0 ch 76-76 i I ch r7-174 s
, ch 19-66 s 28. ch 86-t1
L-- ~^.n- I -
1986 SUPPLEMENT TO FLORIDA STATUTES 1M9
. s 403.511
1986 SUPPLEMENT TO FLORIDA STATUTES 1985
403.513 Review.-Proceedings under this part shall
be subject to judicial review as provided in chapter 120.
Separate appeals of the certification order issued by the
board and of any department permit issued pursuant to
a federally delegated or approved permit program shall
be consolidated for purposes of judicial review.
Hslmy.-s 1. ch 73-33.s 12. ch 76-76. 29 ch 86-186
403.516 Modification of cetification.-
(1) A certification may be modified after issuance in
any one of the following ways
(a) The board may delegate to the department the
authority to modify specific conditions in the certifica-
(b) The parties to the certification proceeding may
modify the terms and conditions of the certification by
mutual written agreement. Upon execution of the agree-
ment by the parties, the provisions of s. 120.57 shall ap-
ply to the proceedings for approval or denial of the
agreement by the board.
(c) If the parties to the certification proceeding are
unable to reach a mutual written agreement on modifica-
tion of the terms and conditions of the certification, a pe-
tition for modification setting forth:
1. The proposed modification,
S2. The factual reasons asserted for the modifica-
3. The anticipated effects of the proposed modifi-
cation on the applicant, the public, and the environment
shall be filed with the Division of Administrative Hear-
ings. The provisions of s. 120.57 shall apply to the pro-
ceedings for approval or denial of the petition by the
(d) As required by s. 403.511(5).
(2) Any agreement or modification under this sec-
tion must be in accordance with the terms of this act.
No modification to a certification shall be granted that
constitutes a variance from standards or regulations of
the department applicable under any federally delegat-
ed or approved permit program, except as expressly al-
lowed in such program.
Hia .-a 13. ch 76-76 a 10 ch 81-131. s 30, ch 86-186i
403.523 Deprtent of Environmental Rgulaion;
powers and dules.-The department shall have the fol-
lowing powers and duties:
(1) To adopt or amend reasonable procedural rules
to implement the provisions of this act and to adopt or
amend rules to implement the provisions of subsection
S(2) To prescribe the form, content, and necessary
supporting documentation, and any required studies, for
certification applications. All such data and studies shall
be related to the jurisdiction of the agencies relevant to
(3) To receive applications for transmission line and
Corridor certifications and initially determine the com-
pleteness and sufficiency thereof.
(4) To make or contract for studies of certification
applications. Al such studies shall be related to the luris-
diction of the agencies relevant to the application. For
studies in areas outside the jurisdiction of the depart-
ment and in the jurisdiction of another agency, the de-
apartment may initiate such studies, but only Winh the
consent of such agency.
(5) To administer the processing of applications for
certification and ensure that the applications are pro.
cessed as expeditiously as possible.
(6) To notify all affected agencies of the filing of an
application and of the filing of subsequent amendments
within 15 days after receiving the complete application
or subsequent amendments.
(7) To require an application fee, which shall be paid
to the department upon the filing of each application tor
corridor certification. The apphcation fee shall be $750
for each mile of the proposed transmission line corridor.
A minimum fee of $20,000 shall be required for each ap
plication. The application fee shall be used to pay those
expenses associated with the cost of the preparation
and conduct of the hearings, the recording and tran-
scription of the proceedings, the studies required by th
act, and agency travel and per diem. Salaries for full-
time state agency employees, excluding other personal
services employees, may not be charged against the
fee. If any sums remain after payment of such expenses.
the application fee shall be applied pro rata to reimburse
all reasonable expenses pursuant to this act incurred by
the agencies. Any sums remaining after the payment of
all authorized costs shall be refunded to the applicant
within 90 days after the issuance or denial of certification
or the withdrawal of the application. The applicant shall
be provided with an itemized accounting of the expend-
(8) To prepare a compilation of agency reports and
summaries of the material contained therein which shall
be filed with the hearing officer and served on all parties
no later than 4 months after the complete application is
filed with the department, and which shall include:
(a) The studies and reports required by ss. 403 526
and 403.537, including the recommendations of the de&
apartment relating to the disposition of the application.
(b) Comments received from any other agency.
(9) To provide public notice of the filing of the app5
cation and of the proceedings conducted pursuant tO
(10) To prescribe the means for monitoring the .
fects arising from the location of the transmission line
corridor and the construction and maintenance of the
transmission lines to assure continued compliance wit
the terms of the certification.
(11) To require a certification modification fee. f no
corridor alignment change is proposed by the applicant
the modification fee shall be $2,000. If a corridor
ment change is proposed by the applicant, the fee
be $2.000 plus $750 for each mile of realignment
fee shall be submitted to the department upon nothfiC
lion by an applicant that modification pursuant to
403 5315(2) or (3) is sought, and which shall beus"
disbursed, and accounted for in the same manner as
(12) To make a determination of acceptability o ,
alternate corridor proposed for consideration pur"-
to s. 403 527(5). i, tn '
(13) To withhold from the fees established b
section a reasonable sum sufficient to cover tt
associated with postcertification review of activii"
isOtA4Ied by any conditi
specified as part
Z.-_ (14) To set require
S o'ic health and wel
f I of tranmissioa
id after the elfectr
5)To present re
raised at the cei
1. sa11 a.
cluk &S. W-i
I704 Powers a
i722 Permits; I
7234 Small qu
7265 Local haz
L ft'gulBon or
r'oty or rr
w lws ofthis
it as.02--3 ignst I fmo I Sl IV III ----. ---I s. .U M TIM
quired by any condition of certification. Such sums shall
'be specified as part of each condition.
S(14) To set requirements that reasonably protect the
Public health and welfare from the electric and magnetic
fields of transmission lines for which an application is
filed after the effective date of this act.
(15) To present rebuttal evidence on any issue prop-
erly raised at the certification hearing.
L lHnya.-s-. 1. eh 8-6, S7 ch. 81-167. s. 2ch.81-25%. 39.ch 83-56;
t 4. Oh 83-222: ch 8-173. s 55. ch 86-18
SOURCE RECOVERY AND MANAGEMENT
Powers and duties of the department.
Standards, requirements, and procedures
for generators and transporters of hazard-
ous waste and owners and operators of
hazardous waste facilities.
Permits; hazardous waste disposal, storage.
and treatment facilities.
Research, development, and demonstration
Prohibition of hazardous waste landfills.
Small quantity generator notification pro-
Amnesty days for purging small quantities of
Local hazardous waste collection program.
Violations; defenses, penalties, and reme-
Regulation of used oil as hazardous waste.
Assessment of risk potential due to acciden-
tal release of toxic or otherwise hazardous
40.703 Delnitions.-As used in this act, the term:
(1) "Department" means the Department of Environ-
metd Regulation or any successor agency performing
a lke function.
(2) "County or municipality," or any like term. in-
dues political subdivisions engaged in resource recov-
ry and management.
(3) "Per oomeans any and al persons, natural or ar-
tificial, including any individual, firm, or association; any
muiipal or private corporation organized or existing
under he laws of this state or any other state; any coun-
ty of this state; and any governmental agency of this
state or the Federal Government.
(4) "Recycling" means the reuse of solid waste in
manufacturing, agriculture, power production, or other
(5) "Resource management means the process by
which solid waste is collected, transported, stored, sep-
Srated, processed, or disposed of in any other way, ac-
.cording toan orderly, purposeful, and planned program.
; (6) "Resource recovery" means the process by
rWUch materials, excluding those under control of the
Atmic Energy Commission, which still have useful
typical or chemical properties after serving a specific
purpose are reused or recycled for the same or other
purposes, including use as an energy source.
(7) "Resource recovery and management facility"
means any solid waste disposal area, volume reduction
plant, or other facility, the purpose of which is resource
recovery or the disposal, recycling, processing, or stor-
age of solid waste.
(8) "Resource recovery equipment" means equip-
ment or machinery exclusively and integrally used in the
actual process of recovering material or energy re-
sources from solid waste.
(9) "Solid waste" means sludge from a waste treat-
ment works, water supply treatment plant, or air pollu-
tion control facility or garbage, rubbish, refuse, or other
discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from domestic, in-
dustrial, commercial, mining, agricultural, or governmen-
(10) "Volume reduction plant" Includes, but is not lim-
ited to, incinerators, pulverizers, compactors, shredding
and baling plants, transfer stations, composting plants,
and other plants which accept and process solid waste
for recycling or disposal.
(11) "Yard trash' means vegetative matter resulting
from landscaping maintenance and land-clearing oper-
(12) "Trash landfills" means combinations of yard
trash and construction and demolition debsa along with
paper, cardboard, cloth, glass, white gO'de, street
sweepings, vehicle tires, and other like ar
(13) "Construction and demolition debit' C .ans ma-
terial generally considered to be not water uble and
nonhazardous in nature, including, but not ImlWted to,
steel, glass, brick, concrete, or asphalt roofing material.
(14) "Class I solid waste disposal area' means a dis-
posal facility which receives an average of. 0 tons or
more per day, if scales are vaelable. or 50 cubic yards
or more per day of solid waste, as measured in place af-
ter covering, and which receives an initial cover daily.
(15) "Class I sold waste disposal area' means a dis-
posa facility which receives an average ofless than 50
cubic yard per day of solid waste, as measured in place
after covering, and which receives an initial cover at
least once every 4 days.
(16) Initial cover means a 6-inch layer of compacted
earth, or other suitable material as approved by the de-
partment, used to enclose a volume of solid waste prior
to intermediate or final cover.
(17) "Monitoring well means a strategically located
well from which water samples are drawn for water quali-
(18) "Closure" means the cessation of operation of a
resource recovery and management facility and the act
of securing such facility so that it will pose no significant
threat to human health or the environment.
(19) "Disposal" means the discharge, deposit, injec-
tion, dumping, spilling, leaking, or placing of any solid
waste or hazardous waste into or upon any land or water
so that such solid waste or hazardous waste or any con-
stituent thereof may enter other lands or be emitted into
the air or discharged into any waters, including ground
waters, or otherwise enter the environment.
si 403 523
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