Title: Bill Entitled "An Act Relating to Water Resources"
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004072/00001
 Material Information
Title: Bill Entitled "An Act Relating to Water Resources"
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Bill Entitled "An Act Relating to Water Resources" (JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 15
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004072
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text











187-243-5-3 / s //2?



1 A bill to be entitled l:btc

2 An act relating to water resources; providing a 1.2

3 short title; amending s. 373.026, Florida 1.3

4 Statutes, expanding duties of the Department of

5 Environmental Regulation with respect to 1.4

6 collecting and monitoring data relating to
7 water resources; creating s. 487.043, Florida 1.5

Statutes, providing for the testing of 1.6

9 restricted-use pesticides; providing duties of

10 the Department of Agriculture and Consumer 1.7

11 Services and the Department of Environmental

12 Regulation; creating s. 403.063, Florida 1.8

13 Statutes, requiring the department to establish

14 a groundwater quality monitoring network and 1.9

15 providing criteria therefore; amending s.

16 403.855, Florida Statutes, expanding duties of 1.10

17 the department relating to imminent hazards in

18 water supplies; amending s. 373.206, Florida 1.12

19 Statutes, expanding the authority of the

26 department to plug hazardous artesian wells; 1.13

21 creating s. 373.207, Florida Statutes,

22 requiring water management districts to adopt 1.14

23 plans for plugging abandoned artesian wells;

24 providing for review of plans by the

25 department; providing for certain liens; 1.15

26 creating the Local Government Hazardous Waste 1.15

27 Management Program within the Department of 1.17

28 Environmental Regulation; providing for a state

29 needs assessment; providing legislative intent 1.18

30 with respect to local hazardous waste

31 management programs; requiring counties to 1.19

1

CODING: Words in 44#"k though type or* deletions from existing law; words underlined are additions.















187-243-5-3



1 conduct a hazardous waste assessment under

2 rules established by the department; providing 1.20

3 for technical assistance from the program;

4 providing a schedule for completion; providing 1.21

5 for annual updating of the assessment;

6 requiring counties to notify small quantity 1.22

7 generators of their responsibilities annually;

8 requiring such generators to disclose certain 1.23

9 information to the county; providing for

10 verification of such generators' management

11 practices; providing for penalties; requiring 1.24

12 counties to furnish information on the

13 assessment and the notification program to the 1.25

14 department; creating the Local Government

15 Hazardous Waste Management Trust Fund; 1.26

16 providing an appropriation to the fund to

17 subsidize preparation of the assessment; 1.27

18 creating s. 376.115, Florida Statutes, creating

19 the Water Quality Assurance Trust Fund; levying 1.28

20 an excise tax on persons registered for the

21 operation of pollutant terminal facilities and

22 persons handling such pollutants; providing a 1.29

23 definition; providing for the collection and

24 administration of the tax; repealing ss. 1.30

25 208.001, 208.002, 208.003, 208.004, and

26 208.005, Florida Statutes, abolishing the tax 1.31

27 on the generation of hazardous wastes; creating 1.32

28 ss. 208.201, 208.202, 208.203, 208.204,

29 208.205, and 208.206, Florida Statutes;

30 providing definitions; imposing a tax on the 1.33

31 sale of chemicals by wholesale dealers or
2


CODING: Words in 4"uk through type are deletions from existing law; words underlined are additions.















187-243-5-3



1 manufacturers; providing liability of certain 1.34

2 consumers; requiring taxpayer registration with

3 the Department of Revenue; providing for annual 1.35

4 determination of the tax rate; providing

5 exemptions; providing for application of 1.36

6 administrative and penalty provisions of
7 chapter 212, Florida Statutes; providing for 1.37

8 administration, records, and audits; providing

9 for deposit of tax revenues in the Hazardous

10 Waste Management Trust Fund; adding a 1.39

11 subsection to s. 215.22, Florida Statutes,

12 including Hazardous Waste Management Trust Fund 1.40

13 revenues within those funds a portion of which 1.41

14 may be placed in general revenue; adding a

15 subsection to s. 403.061, Florida Statutes, 1.42

16 1982 Supplement, authorizing the Department of

17 Environmental Regulation to establish rules for 1.43

18 the management of underground storage tanks;

19 amending s. 403.703(18), Florida Statutes, 1.44

20 redefining the "closure" of a resource recovery

21 and management facility; amending s. 1.45

22 403.704(16), Florida Statutes, changing

23 procedures for the review of rules of the 1.46

24 department stricter than those of the United

25 States Environmental Protection Agency relating 1.47

26 to resource recovery and management; changing

27 authority of the department to adopt hazardous 1.48

28 waste rules for solid wastes; amending s.

29 403.7045(l)(c), Florida Statutes, 1982

30 Supplement, correcting a cross-reference to L.49

31 federal law; amending s. 403.707(1) and (2),
3


CODING: Words in 4.4k tJhle ug type or* deletions from existing law; words underlined are additions.












i


187-243-5-3



1 Florida Statutes, 1982 Supplement; requiring 1.50

2 resource recovery and management facilities and

3 sites which are closed to be permitted; 1.53

4 changing exceptions from certain permit

5 requirements; amending s. 403.722(9) and (10), 1.54

6 Florida Statutes, 1982 Supplement; revising 1.55
7 time periods with respect to issuance of

8 'permits for hazardous waste facilities;

9 authorizing the department to request 1.56

10 additional information from an applicant;

11 amending s. 403.723, Florida Statutes; 1.57

12 providing for petition to the Governor and

13 Cabinet when a local government denies a 1.58

14 request for variance from local ordinances,

15 regulations, or plans or takes no action on a 1.59

16 variance request; requiring recommendation of

17 such variance by the State Hazardous Waste 1.60

18 Facility Siting Commission; providing 1.61

19 commission procedures and time limitations;

20 requiring a public hearing; providing criteria 1.62

21 to be considered by the commission; providing

22 for a hearing by the Governor and Cabinet; 1.63

23 providing criteria to be considered; repealing

24 s. 403.725(3)(f), Florida Statutes, relating to 1.64

25 deposit of excise tax fees in the Hazardous

26 Waste Management Trust Fund; amending s. 1.66

27 403.727(3) and (4), Florida Statutes, 1982

28 Supplement, and adding a new subsection (4)

29 thereto, increasing penalties for violations of 1.68

30 provisions relating to hazardous wastes;

31 imposing liability upon specified persons for 1.69
4


CODING: Words in ts*.k Awu t type are deletions from existing low; words underlined are additions.















187-243-5-3



1 costs and damages caused by the release or

2 threatened release of hazardous substances; 1.70

3 restricting the ability of government entities

4 to interpose a defense to such liability; 1.71

5 amending s. 403.729, Florida Statutes; 1.72

6 providing for a State Hazardous Waste Facility

7 Siting Commission within the Florida Land and 1.73

8 Water Adjudicatory Commission in lieu of the

9 State Hazardous Waste Policy Advisory Council; 1.75

10 providing for membership thereof; providing for

11 temporary members; creating s. 501.082, Florida 1.76

12 Statutes; requiring specified governmental

13 agencies and institutions of the State 1.77

14 University System to notify the department

15 regarding hazardous materials and management

16 practices; requiring written plans for 1.78

17 management and spill control; providing for

18 siting of a multipurpose hazardous waste 1.80

19 facility by the state; providing for adoption

20 of siting criteria by the department; providing 1.81

21 for adoption of a site designation by the

22 commission; directing the commission to

23 contract for construction and operation of the 1.82

24 facility; requiring permitting of the facility;

25 granting eminent domain powers to the Governor 1.83

26 and Cabinet; authorizing the issuance of state

27 bonds; prohibiting hazardous waste landfills 1.84

28 and the issuance of permits therefore; providing 2.1

29 for emergency temporary permits; providing 2.2

30 immunity from liability for persons who assist

31 in cleaning up any discharge of hazardous .3
5


CODING: Words in t*u tough type ore deletions from existing law; words underlined ore additions.















187-243-5-3


1 materials; providing exceptions; creating s. 2.4

2 403.1655, Florida Statutes, creating the

3 Environmental Short-Term Emergency Trust Fund 2.5

4 to fund pollution abatement procedures; adding

5 a paragraph to s. 376.11(5), Florida Statutes, 2.6

6 transferring certain funds from the Florida

7 Coastal Protection Trust Fund to such trust 2.8

8 fund; amending s. 381.272, Florida Statutes, 2.9

9 1982 Supplement, providing for the regulation

10 of onsite, rather than individual, sewage 2.10

11 disposal systems; changing the types of

12 subdivisions which may use certain systems; 2.11

13 restricting the location of such systems;

14 providing for equal application of restrictions 2.12

15 and rules; changing the circumstances in which

16 variances may be granted and the procedures 2.13

17 therefore; authorizing temporary permits for

18 experimental systems; deleting provisions

19 relating to organic waste composting systems; 2.14

20 creating s. 381.273, Florida Statutes,

21 authorizing the Department of Health and 2.15

22 Rehabilitative Services to collect fees for

23 regulating such systems and for certain 2.16

24 research; increasing fees to fund the 2.17

25 accelerated soil survey program in the

26 Department of Agriculture and Consumer 2.18

27 Services; providing effective dates.

28

29 WHEREAS, the Task Force on Water Issues was appointed l:t

30 by the Speaker of the House of Representatives to examine 2.19

31 water issues in the State of Florida and concluded that the
6

CODING: Words in -sok thrigu h type ore deletions from existing law; words underlined are additions.





I









187-243-5-3



1 threat of contamination of the groundwater and related surface 2.20

2 waters by such elements as hazardous wastes, sewage, 2.21

3 industrial wastes, pesticides, and other chemical products

4 represents a serious and real danger to the public health, and 2.22

5 WHEREAS, the Task Force's efforts to determine the l:t

6 extent or degree of contamination of the groundwater were 2.23

7 substantially inhibited because the State of Florida lacks a 2.25

8 systematic, comprehensive, monitoring system to identify the

9 degrees or types of contamination occurring, and 2.26

10 WHEREAS, the Task Force's findings indicate that l:t

11 dramatic changes in the State of Florida, including rapid 2.28

12 growth and development and the increasing use of thousands of

13 new chemical products, require a substantial increase in 2.29

14 funding if Florida is to adequately manage and protect its 2.30

15 water resources, our natural ecosystems, and the health of our

16 citizens, NOW, THEREFORE,

17

18 Be It Enacted by the Legislature of the State of Florida: l:enc

19

20 Section 1. This act may be cited as the "Water Quality 1:t

21 Assurance Act of 1983." 2.34

22 PART I 1:ct

23 DEPARTMENT OF ENVIRONMENTAL REGULATION 2.35

24 DATA COLLECTION 2.36

25 Section 2. Section 373.026, Florida Statutes, is l:t

26 amended to read:

27 373.026 General powers and duties of the department.-- l:s

28 The Department of Environmental Regulation, or its successor 2.38

29 agency, shall be responsible for the administration of this 2.40

30 chapter at the state level. However, it is the policy of the 2.41

31 state that, to the greatest extent possible, the department 2.42
7


CODING: Words in Ptr~ trough type are deletions from existing law; words underlined are additions.















187-243-5-3



1 may enter into interagency or interlocal agreements with any 2.44

S2 other state agency, water management district, or local 2.45

3 government conducting programs related to or materially 2.46

4 affecting the water resources of the state. All such 2.47

5 interageney agreements shall be subject to the provisions of l:los

6 s. 373.046. In addition to its other powers and duties, the 2.50

7 department shall is autkheried: 2.51

8 (1) Te Conduct, independently or in cooperation with l:t
9 other agencies, topographic surveys, research, and 2.53

10 investigations into all aspects of water use and water 2.54

11 quality.

12 (2) Be the central repository for all information 1:t

13 relating to water resources, and, to that end, eT collect, 2.55

14 compile, manage, and maintain and analyse, for its use by any l:lus

15 person and uidacee in administering the water reseuree laws 2.58

16 eo this state, scientific and factual data from the United 2.59

17 States Geological Survey or any public or private concern. 1:lus

18 All local governments, water management districts, and state 2.61

19 ageney- state agencies are directed to cooperate with the 2.62

20 department or its agents in making available to it for this 2.63

21 purpose such scientific and factual data as they may have- 2.64

22 generate or possess, as the department deems necessary. The 2.67

23 department is authorized to prescribe the format and ensure

24 quality control for all data collected or submitted. The 2.69

25 department'shall take all necessary steps to insure that

26 water-related information and data generated by any public 2.70

27 body in this state is produced and maintained in a common

28 format which will maximize the utility of the information and .71

29 data to others. Additionally, the department shall annually .72

30 publish a bibliography of all water resource investigations 2.73

31 conducted in the state. The department shall coordinate all 2.74
8


CODING: Words in 4*spsk *t6-&A type are deletions from existing law; words underlined are additions.















187-243-5-3



1 groundwater research efforts in the state and collect such

2 information to develop a statewide groundwater data 2.75

3 information base.

4 (3) Te Cooperate with other state agencies, water 2.77

5 management districts, and regional, county, or other local

6 governmental organizations or agencies created for the purpose 2.78

7 of utilizing and conserving the waters in this state; te 2.79

8 assist such organizations and agencies in coordinating the use 2.80

9 of their facilities; and participate in an exchange of ideas, 2.81

10 knowledge, and data with such organizations and agencies. For 2.82

11 this purpose the department may maintain an advisory staff of 2.83

12 experts.

13 (4) Te Prepare and provide for dissemination to the 2.84

14 public of current and useful information relating to the water 3.1

15 resources of the state.

16 (5) Continually e identify by eentinmtin study those 1:los

17 areas of the state where saltwater intrusion or groundwater 3.3

18 contamination is a threat to freshwater resources and annually 1:lus

19 report its findings to the water management districts, boards 3.5

20 of county commissioners, county health units, and the 3.6

21 Legislature publie eenerned. 3.7

22 (6) Te Conduct, either independently or in cooperation 1:t

23 with any person or governmental agency, a program of study, 3.9

24 research, and experimentation and evaluation in the field of 3.10

25 weather modification.

26 (7) Te Exercise general supervisory authority over all 3.11

27 water management districts. The department may exercise any 3.13

28 power herein authorized to be exercised by a water management 3.14

29 district. The department shall review, and may rescind or 1.15

30 modify, any policy, rule, regulation, or order of a water

31 management district, except those policies, rules, or 3.16
9

CODING: Words in 4 H tk 6paujl type are deletions from existing law; words underlined are additions.















187-243-5-3


1 regulations which involve only the internal management of the 3.17

2 district, to insure compliance with the provisions and 3.18

3 purposes of this chapter. Such review may be initiated at any 3.19

4 time either by the department or by an interested person 3.20

5 aggrieved by such policy, rule, regulation, or order by filing

6 a request for such review with the department and serving a 3.21

7 copy on the water management district. Such request for 3.23
8 review is not a precondition to the effectiveness of such

9 policy, rule, regulation, or order, or to the seeking of 3.24

10 judicial review as otherwise provided. 3.25

11 (8)(a) eT Provide such coordination, cooperation, or 1:t

12 approval necessary to the effectuation of any plan or project 3.28

13 of the Federal Government in connection with or concerning the 3.29

14 waters in the state. Unless otherwise provided by state or 3.31

15 federal law, the department shall, subject to confirmation by

16 the Legislature, have the power to approve or disapprove such 3.32

17 federal plans or projects on behalf of the state. 3.33

18 (b) The department, subject to confirmation by the 3.34

19 Legislature, shall act on behalf of the state in the 3.35

20 negotiation and consummation of any agreement or compact with 3.36

21 another state or other states concerning waters of the state.

22 (9)(a) Te Hold annually a conference on water 1:t

23 resources developmental programs. Each agency, commission, 3.39

24 district, municipality, or political subdivision of the state 3.40

25 responsible for a specific water resources development program 3.41

26 requiring federal assistance shall present at such conference

27 its programs and projects and the needs thereof. Notice of 3.43

28 the time and place of the annual conference on water resources 3.44

29 developmental programs shall be extended by mail at least 30 3.45

30 days prior to the date of such conference to any person who .46

31 has filed a written request for notification with the
10


CODING: Words in wk thAJ~s h type are deletions from existing low; words underlined are additions.















187-243-5-3


department. Adequate opportunity shall be afforded for

participation at the conference by interested members of the

general public.

(b) Upon termination of the water conference, the

department shall select those projects for presentation in the

Florida program of public works which best represent the

public welfare and interest of the people of the state as

required for the proper development, use, conservation, and

protection of the waters of the state and land resources

affected thereby. Thereafter, the department shall present to

the appropriate committees and agencies of the Federal

Government a program of public works for Florida, requesting

authorization for funds for each project.

PART II

PESTICIDES

Section 3. Section 487.043, Florida Statutes, is

created to read:

487.043 Testing of restricted-use pesticides.--

(1) The Department of Agriculture and Consumer

Services shall adopt rules governing the review of data

submitted by an applicant for restricted-use pesticide

registration, and shall determine whether a restricted-use

pesticide should be registered, registered with conditions, or

tested under field conditions in Florida. The department

shall transmit a copy of the application and other pertinent

information to the Department of Environmental Regulation

within 30 days of receipt of an application for the

registration of a restricted-use pesticide.

(2) When the department or the Department of

Environmental Regulation determines that field testing in

Florida is warranted, manufacturers of restricted-use

11

CODING: Words in -k tls hogh type are deletions from existing law; words underlined are additions.


3.47

3.48



l:t

3.49

3.50



3.51

3.52

3.54

3.55



3.56

l:ct

l:ct

l:t



l:t

l:t

3.62



3.63

3.64

3.65



3.66



3.67

l:t

3.69








iI





187-243-5-3



1 pesticides or persons wishing to register a restricted-use 3.70

2 pesticide for use in Florida shall apply to the department for
3 a special permit to conduct tests under field conditions in 3.71

4 Florida.

5 (3) The department is authorized to establish a l:t

6 program for the field testing of restricted-use pesticides 3.73

7 before registration. The department shall consult with the 3.74

8 United States Environmental Protection Agency and the
9 Department of Environmental Regulation with respect to field 3.75

10 tests on restricted-use pesticides which are to be registered 3.76

11 in Florida.

12 (4) The Department of Environmental Regulation shall l:t

13 review and comment on restricted-use pesticides registered at 3.78

14 the time of review, in addition to restricted-use pesticides 3.79

15 for which application for registration has been made.

16 Further, the Department of Environmental Regulation may review 3.80

17 and comment on any restricted-use pesticide that may pose 3.81

18 unreasonably adverse effects on the environment. The 3.83

19 Secretary of Environmental Regulation is defined as a

20 substantially interested person and may have standing under 3.84

21 chapter 120 in any proceeding conducted by the Department of 4.1

22 Agriculture and Consumer Services relating to the registration

23 of a pesticide under this chapter. 4.2

24 (5) Nothing in this section shall affect the authority l:t

25 of the Department of Agriculture and Consumer Services to 4.4

26 administer the pesticide registration program under this

27 chapter or the authority of the Commissioner of Agriculture 4.5

28 and Consumer Services to approve the registration of a 4.6

29 pesticide.

30 PART III 1:ct

31 GROUNDWATER MONITORING 1:ct
12

CODING: Words in 4**~iL thl u type are deletions from existing law; words underlined ore additions.














187-243-5-3


1 Section 4. Section 403.063, Florida Statutes, is l:t

2 created to read:

3 403.063 Groundwater quality monitoring.-- l:t

4 (1) The department, in cooperation with other state l:t

5 agencies, water management districts, and local governments, 4.12

6 shall establish a groundwater quality monitoring network

7 designed to detect or predict contamination of the state's 4.13

8 groundwater resources. 4.14

9 (2) The department may, by rule, determine the l:t

10 priority of sites to be monitored within such groundwater 4.15

11 quality monitoring network, based upon the following criteria: 4.16

12 (a) The degree of danger to the public health caused l:t

13 or potentially caused by contamination. 4.17

14 (b) The susceptibility of each site to contamination. 4.18

15 (3) This information shall be made available to state 4.19

16 agencies and local governments to facilitate their regulatory

17 and land use planning decisions. 4.20

18 (4) To the greatest extent practicable, the actual 1:t

19 sampling and testing of groundwater pursuant to the provisions 4.21

20 of this section shall be conducted by local and regional

21 agencies. 4.22

22 PART IV 1:ct

23 WELL FIELD CONTAMINATION MITIGATION l:ct

24 Section 5. Section 403.855, Florida Statutes, is l:t

25 amended to read:

26 403.855 Imminent hazards.--In coordination with the 4.27

27 Department of Health and Rehabilitative Services, the 4.28

28 department, upon receipt of information that a contaminant

29 which is present in, or is likely to enter, a public or 4.29

30 private water supplies system may present an imminent and 4.32

31 substantial danger to the public health, may take such actions
13

CODING: Words in 4* tku t oug type are deletions from existing law; words underlined are additions.















187-243-5-3



1 as it may deem necessary in order to protect the public 4.33

2 health. Department actions shall whieh the department may l:lus

3 take include, but are not limited to: 4.35

4 (1) Adopting emergency rules pursuant to s. 120.54(9). 4.36

5 (2) Issuing such corrective orders as may be necessary l:t

6 to protect the health of persons who are or may be users of 4.38

7 such supplies systems, including travelers. An order issued 4.40

8 by the department under this section shall become effective

9 upon service of such order on the alleged violator, 4.41

10 notwithstanding the provisions of s. 403.860(3). 4.42

11 (3) Establishing a program designed to prevent l:t

12 contamination or to minimize the danger of contamination to 4.43

13 potable water supplies.

14 (4) Contracting for clinical tests on samples of the l:t

15 affected population if the department determines there is a 4.45

16 real and immediate danger to the public health.

17 (5)f3+ Commencing a civil action for appropriate 4.47

18 relief, including a restraining order or permanent or 4.48

19 temporary injunction.

20 PART V 1:ct

21 ARTESIAN WELL PLUGGING l:ct

22 Section 6. Section 373.206, Florida Statutes, is l:t

23 amended to read:

24 373.206 Artesian wells; flow regulated.--Every person, 1:s

25 stock company, association or corporation, county or 4.53

26 municipality owning or controlling the real estate upon which 4.54

27 is located a flowing artesian well in this state shall, within 4.55

28 90 days after June 15, 1953, provide each such well with a 4.56

29 valve capable of controlling the discharge from the well, and 4.57

30 shall keep the valve so adjusted that only a supply of water

31 shall be available as is necessary for ordinary use by the 4.58
14

CODING: Words in 4.uc4k thJpiu type are deletions from existing law; words underlined are additions.















187-243-5-3



1 owner, tenant, occupant or person in control of the land for 4.59

2 personal use and on conducting his business. Upon the l:lus

3 determination by the Department of Environmental Regulation or

4 the appropriate water management district that the water in an 4.62

5 artesian well is of such poor quality as to have an adverse 4.63

6 impact upon an aquifer which serves as a source of public

7 drinking water, or which is likely to be such a source in the 4.64

8 future, then such well However7 if the water in a well is so 4.65

9 highly mineralieed er otherwise ef saeh peer quaeity that it 4.66

10 is Re longer a usable water supply& as determined by the 4.67

11 Bepartmeat eo Envirwomeenta Regulatie4 then it shall be

12 plugged in accordance with the department's or appropriate 4.68

13 water management district's specifications for well plugging. 4.69

14 Section 7. Section 373.207, Florida Statutes, is l:t

15 created to read: 4.71

16 373.207 Abandoned artesian wells.-- l:s

17 (1) Each water management district shall develop a 4.72

18 work plan identifying the location of all abandoned artesian 4.73

19 wells within its jurisdictional boundaries and defining the 4.74

20 actions which the district must take in order to ensure that

21 each such well is plugged on or before January 1, 1992. The 4.76

22 work plan shall include the following:

23 (a) An inventory, accounting for all abandoned 4.77

24 artesian wells in the district.

25 (b) The location and owner of each abandoned well. 4.78

26 (c) The methodology proposed by the district to l:t

27 accomplish the plugging of all abandoned wells within the 4.80

28 district on or before January 1, 1992. 4.81

29 (d) Data relating to costs to be incurred for the l:t

30 plugging of all wells, including the per well cost and 4.82

31 personnel costs.
15


CODING: Words in tck though type are deletions from existing law; words underlined ore additions.















187-243-5-3


1 (e) A priority schedule of well plugging established 4.83

2 to mitigate damage to the groundwater resource due to water

3 quality degradation. 4.84

4 (2) Each water management district shall submit its l:t

5 work plan to the Secretary of Environmental Regulation no 5.2

6 later than January 1, 1984. Thereafter, each water management 5.3

7 district shall submit an annual update of its work plan until

8 January 1, 1992, or until all wells identified by the plan are 5.4

9 plugged, whichever is later. 5.5

10 (3) The water management districts shall adopt rules l:t

11 governing the plugging of abandoned artesian wells. Such 5.8

12 rules shall include provisions to notify the owner of land

13 upon which the artesian well is located of the necessity for 5.9

14 plugging such well. If the owner fails to plug any such well 5.10

15 within a reasonable period of time after receiving such

16 notice, the water management district shall assume 5.11

17 responsibility for the plugging.

18 (4) The Department of Environmental Regulation shall 5.12

19 review and approve all rules and work plans pertaining to the 5.13

20 plugging of abandoned artesian wells. 5.14

21 (5) The Department of Environmental Regulation shall 5.16

22 monitor and report the progress of the abandoned artesian well

23 plugging program to the Legislature annually. 5.17

24 (6) All moneys expended by a water management district l:t

25 in order to plug an abandoned artesian well shall be returned 5.18

26 to the district by the Department of Environmental Regulation 5.19

27 from the Water Quality Assurance Trust Fund within 60 days of

28 the request for such moneys. 5.20

29 (7) The owner of the land upon which the artesian well l:t

30 is located shall be liable to the Department of Environmental 5.22

31 Regulation for all costs incurred by the water management
16

CODING: Words in 4 thuuJcougk type are deletions from existing law; words underlined ore additions.















187-243-5-3



1 district and reimbursed by the state in plugging such well. 5.24

2 The owner of the land shall be billed by the department for 5.25

3 all costs incurred by the district in plugging the well within 5.26

4 60 days of such plugging. Payment on such bill shall be due 5.27

5 within 60 days of the billing date. In the event that such 5.28

6 charges are not paid as and when due, any unpaid balance

7 thereof and all interest accruing thereon shall be a lien on 5.29

8 any parcel of property of the owner. Such lien shall be 5.30

9 coequal with the lien of all state, county, district, and

10 municipal taxes, and superior in dignity to all other liens, 5.31

11 titles, and claims, until paid. In the event that any such 5.32

12 plugging charge shall not be paid as and when due and shall be

13 in default for 30 days or more, the unpaid balance thereof and 5.33

14 all interest accrued thereon, together with attorney's fees 5.34

15 and costs, may be recovered by the department in a civil 5.35

16 action, and any such lien and accrued interest may be

17 foreclosed or otherwise enforced by the department by action 5.36

18 or suit in equity as for the foreclosure of a mortgage on real 5.37

19 property. The rate of interest chargeable to the owner of the 5.38

20 land under this subsection shall be the same as that charged 5.39

21 by the department pursuant to s. 373.436(2).

22 PART VI 1:ct

23 HAZARDOUS WASTE l:ct

24 Section 8. The Local Government Hazardous Waste 5.41

25 Management Program.-- l:eus

26 (1) There is created, within the Department of 5.44

27 Environmental Regulation, the Local Government Hazardous Waste

28 Management Program. The program shall: l:eus

29 (a) Provide technical assistance to the governments of l:t

30 the group of counties listed in paragraph (a) of subsection 5.50

31 9(4) first, then paragraph (b), and then paragraph (c) of said
17


CODING: Words in tPuk Shough type are deletions from existing law; words underlined are additions.














187-243-5-3


1 subsection, respectively, in order to carry out the intent of 5.53-

2 this act.

3 (b) Identify short-term and long-term hazardous waste 5.5

4 facility and service needs for the state on the basis of the

5 information gathered through the county hazardous waste 5.55

6 assessments, and other information from state and federal

7 regulatory agencies and sources. The state needs assessment 5.57

8 shall be ongoing and updated when new data concerning waste 5.59

9 generation and waste management technologies become available.

10 On June 1, 1984, and on an annual basis thereafter, a copy of 5.62

11 this assessment shall be sent to the Governor and Cabinet, and 5.63

12 to the chairman of the State Hazardous Waste Facility Siting

13 Commission, for review and use in order to carry out the 5.65

14 intent of this act.

15 (2) The department shall contract for the operation of l:t

16 this program.

17 Section 9. County hazardous waste assessments.-- 5.68

18 (1) The Legislature recognizes the importance of 5.69

19 hazardous waste management programs at the local level. Local 5.70

20 programs assist the state in the overall management of

21 hazardous wastes by complementing the regulatory activities of 5.72

22 the Department of Environmental Regulation. In addition, the

23 Legislature recognizes that local programs enable the state to 5.73

24 better estimate the types and quantities of hazardous waste 5.74

25 generated. Local programs also identify current hazardous 5.75

26 waste management practices used by the generators in the 5.76

27 state. It is the intent of the Legislature that through this 5.77

28 identification process, local programs enable the state to 5.79

29 recognize the needs of hazardous waste generators so that

30 responsible waste management practices are determined and 5.80

31
18

CODING: Words in *tusk toughh type ore deletions from existing low; words underlined ore additions.











187-243-5-3


1 implemented in order to protect the public health, safety, and 5.81

2 welfare, the environment, and the economy of the state. 5.82

3 (2) Each county shall conduct a hazardous waste l:t

4 assessment. The assessment shall identify: 5.84

5 (a) The generators of hazardous waste within the l:t

6 county, including small quantity generators as defined 6.2

7 pursuant to federal regulations under 40 C.F.R. part 261.5. 6.3

g (b) The types and quantities of hazardous waste l:t
9 generated within the county. 6.5

10 (c) Current hazardous waste management practices of 6.7

11 generators within the county. 6.8

12 (d) Effective waste management strategies for l:t

13 hazardous waste generators requiring offsite services, 6.10

14 including the identification of types of facilities needed to 6.11

15 serve the hazardous waste generators within the county.

16 (e) Abandoned dump sites. 6.12

17 (f) Operating procedures at sanitary landfills. 6.13

18 (3) In order to ensure that each county assessment is l:t

19 properly prepared, and in order to ensure all information 6.14

20 gathered during the assessment is uniformly compiled and 6.15

21 documented, each county shall contact the Local Government

22 Hazardous Waste Management Program during the preparation of 6.16

23 the county assessment to receive technical assistance. Each 6.17

24 county shall follow procedures established by rule by the 6.18

25 Department of Environmental Regulation in order to properly

26 prepare these assessments. The procedures shall be adopted by 6.21

27 rule within 6 months of the effective date of this act.

28 (4) The schedule for completion of county hazardous l:t

29 waste assessments is as follows: 6.23

30

31
19

CODING: Words in stck th jough type are deletions from existing law; words underlined are additions.















187-243-5-3



1 (a) Brevard, Broward, Dade, Duval, Escambia, l:t

2 Hillsborough, Manatee, Marion, Orange, Palm Beach, Pinellas, 6.24

3 Polk, Sarasota, Seminole, and Volusia by July 1, 1984. 6.25

4 (b) Alachua, Bay, Clay, Columbia, Gadsden, Gulf, l:t

5 Hamilton, Hernando, Indian River, Jackson, Lake, Lee, Leon, 6.26

6 Martin, Nassau, Okaloosa, Osceola, Pasco, Putnam, St. Johns, 6.27

7 St. Lucie, Santa Rosa, and Taylor by July 1, 1985.

8 (c) Baker, Bradford, Calhoun, Charlotte, Citrus, 6.28
9 Collier, Desoto, Dixie, Flagler, Franklin, Gilchrist, Glades, 6.29

10 Hardee, Hendry, Highlands, Holmes, Jefferson, Lafayette, Levy, 6.30

11 Liberty, Madison, Monroe, Okeechobee, Sumter, Suwannee, Union, 6.31

12 Wakulla, Walton, and Washington by July 1, 1986. l:eus

13 (5) Any county which undertakes and completes a l:t

14 hazardous waste assessment prior to the scheduled completion 6.34

15 date shall receive a proportionate share out of the Local

16 Government Hazardous Waste Management Trust Fund according to 6.35

17 the schedule provided in subsection (4). 6.36

18 (6) Each county hazardous waste assessment shall be l:t

19 updated on an annual basis in order to include newly 6.37

20 established businesses which produce hazardous waste.

21 (7) Preparation of the county hazardous waste 6.39

22 assessments shall not prevent the siting of storage or

23 treatment facilities in any area of the state. 6.40

24 Section 10. Small quantity generator notification 1:t

25 program.--

26 (1) Within 14 days after a county completes its 6.42

27 hazardous waste assessment, and on an annual basis thereafter, 6.43

28 the county shall send a letter to each small quantity 6.44

29 generator as defined pursuant to federal regulations in 40 6.45

30 C.F.R. part 261.5. The letter shall:

31
20


CODING: Words in 4.usck .h*ogh type ore deletions from existing law; words underlined ore additions.















187-243-5-3



1 (a) Detail the legal responsibilities of the small 6.47

2 quantity generator with regard to proper waste management 6.48

3 practices. 6.49

4 (b) Include a list of hazardous waste management l:t

5 alternatives which are available to the small quantity 6.50

6 generator.

7 (2) Within 30 days of receipt of the letter, each l:t

8 small quantity generator identified in the county assessment 6.52

9 shall disclose to the county government the types and quantity 6.53

10 of waste, as well as the small quantity generator's management 6.54

11 practices. Annually, each county shall verify the management 6.55

12 practices of at least 20 percent of the small quantity 6.56

13 generators. The procedure for verification used by the county 6.58

14 shall be developed by rule by the department within 6 months 6.59

15 of the effective date of this act. The Department of 6.60

16 Environmental Regulation may also verify small quantity 6.61

17 generators' management practices in order to ensure proper

18 management of hazardous waste. l:eus

19 (3) Any small quantity generator who does not comply 1:t

20 with the requirements of subsection (2) shall be penalized in 6.65

21 accordance with the provisions of s. 403.727, Florida

22 Statutes.

23 Section 11. Local government information sent to the 6.66

24 department.--A summary of information gathered during each 6.67

25 county's hazardous waste assessment and from the small

26 quantity generator notification program shall be sent to the 6.68

27 Department of Environmental Regulation within 30 days of 6.69

28 completion. 1:eus

29 Section 12. The Local Government Hazardous Waste l:t

30 Management Trust Fund; creation; source of funds; use of 6.71

31 proceeds.--
21


CODING: Words in a-stik Jspough type are deletions from existing low; words underlined are additions.















187-243-5-3



1 (1) There is created, within the Department of l:t

2 Revenue, the Local Government Hazardous Waste Management Trust 6.72

3 Fund. 6.73

4 (2) An annual amount equal to 18 percent of the funds l:t

5 available in the Water Quality Assurance Trust Fund shall be 6.74

6 deposited in the Local Government Hazardous Waste Management

7 Trust Fund. 6.75

8 (3) Moneys deposited in the Local Government Hazardous l:t
9 Waste Management Trust Fund by this section shall be used to 6.76

10 pay each county in order to prepare its initial hazardous

11 waste assessment in accordance with the schedule provided in 6.77

12 subsection 9(4). The Department of Revenue shall develop a 6.78

13 formula to allocate the funds, by rule, based on the following 6.79

14 criteria:

15 (a) Total manufacturing employment within each county l:t

16 jurisdiction; and 6.80

17 (b) Total population in each county jurisdiction, l:t

18 Section 13. Section 376.115, Florida Statutes, is l:t

19 created to read: 6.83

20 376.115 Water Quality Assurance Trust Fund; tax l:t

21 imposed; administration, audit, collection and enforcement; 6.84

22 distribution of proceeds.-- 7.1

23 (l)(a) There is hereby levied, to be collected from l:t

24 and paid by each registrant, an excise tax upon each 7.2

25 registrant for the privilege of operating a terminal facility 7.3

26 and handling any pollutant covered by this chapter.

27 (b) The term "terminal facility," for the purposes of l:qq

28 this section, includes: 7.5

29 1. The definition contained in s. 376.031(9). 7.6

30 2. All airline, railroad, and truck facilities of any l:t

31 kind located in this state, including pipelines, used for the 7.7

22


CODING: Words in 44k though type ore deletions from existing low; words underlined are additions.

























4 utilities and governmental agencies. 7.10

5 (2) The excise tax rate shall be 4 cents per barrel of l:t

6 pollutant transferred to or from the registrant. The 7.12

7 department is empowered to adjust the method of imposition to

8 ensure that an amount equal to 4 cents per barrel is levied on 7.13

9 each barrel, or equivalent measure, of pollutant. 7.14

10 (3) For the purposes of this section, the excise tax l:t
11 on each barrel of pollutant shall be imposed only once, at the 7.16

12 first transfer of each specific barrel of pollutant. This 7.18

13 excise tax shall be in addition to all other taxes imposed

14 upon or paid by the registrant. 7.19

15 (4) The excise tax imposed by this section shall be l:t

16 collected on a monthly basis by the Department of Revenue. 7.20

17 However, any terminal facility which handles 250 barrels of 7.21

18 pollutants or less shall report and pay this excise tax 7.23

19 semiannually.

20 (5) The Department of Revenue shall administer this 7.24

21 excise tax as follows:

22 (a) Except for the dealer collection allowance, the 7.25

23 same duties and privileges imposed by chapter 212 with respect

24 to the remission of tax; the making of returns; penalties and 7.26

25 interest; the keeping of books, records, and accounts; and the 7.28

26 compliance with the rules of the Department of Revenue in the

27 administration of that chapter shall apply to and be binding 7.29

28 on all registrants who are subject to this section. 7.30

29 (b) Records indicating the amount of taxes collected l:t

30 shall be confidential, as provided in s. 213.053. 7.31

31
23


CODING: Words in a t ~.shoo*gh type are deletions from existing law; words underlined are additions.















187-243-5-3


1 (c) The Department of Revenue shall promulgate rules, 7.32

2 establish audit procedures for the audit of registrants under

3 this section, assess for delinquencies, and prescribe and 7.33

4 publish such forms as may be necessary to effectuate the 7.34

5 purposes of this section.

6 (6) All proceeds from the tax imposed by this section, 1:t

7 including any penalties and interest assessed, and earnings 7.35

8 realized from the investment of funds collected hereunder, 7.36

9 shall be deposited into a trust fund in the State Treasury 7.37

10 designated the "Water Quality Assurance Trust Fund," which

11 trust fund is hereby created. 7.38

12 Section 14. Sections 208.001, 208.002, 208.003, l:t

13 208.004, and 208.005, Florida Statutes, as created by chapter 7.40

14 80-302, Laws of Florida, are hereby repealed.

15 Section 15. Sections 208.201, 208.202, 208.203, 7.42

16 208.204, 208.205, and 208.206, Florida Statutes, are created

17 to read: 7.43

18 208.201 Definitions.--When used in this chapter the 7.44

19 following terms shall have the meaning herein indicated: 7.45

20 (1) "Wholesale dealer" means any person who sells l:t

21 chemicals to another wholesale dealer, a retail dealer, or any 7.46

22 person other than the ultimate consumer of such chemical. 7.47

23 (2) "Distributor" means any person who acts as an l:t

24 agent for another person inside or outside this state by 7.48

25 receiving chemicals in interstate or intrastate commerce and

26 storing such chemicals subject to distribution or delivery 7.49

27 upon order from said principal to wholesale dealers or other 7.50

28 distributing agents wherever located. 7.51

29 (3) "Wholesale price" means the total price, including l:t

30 charges for storing, packaging or repackaging, or delivery, 7.52

31
24

CODING: Words in t uc o k i type are deletions from existing law; words underlined ore additions.





Sii









187-243-5-3



1 paid by any retail dealer or other similar person to a 7.54

2 wholesale dealer for any chemical.

3 (4) "Department" means the Department of Revenue. 7.55

4 (5)(a) "Chemical" means those substances which the l:t

5 federal government has designated as hazardous, toxic, or 7.56

6 pollutants, according to lists appearing in, or promulgated

7 by, the following federal statutes or agency rules: 7.57

8 1. Section 102 of the Comprehensive Environmental 7.58
9 Response, Compensation, and Liability Act, 42 U.S.C. s. 9602. 7.59

10 2. Section 307(a) of the Federal Water Pollution l:t

11 Control Act, 33 U.S.C. s. 13.17. 7.60

12 3. Section 311(b)(2)(A) of the Federal Water Pollution 1:t

13 Control Act, 33 U.S.C. s. 1321. 7.61

14 (b) The term "chemical" includes the following 7.62

15 substances: 7.63

16 1. Radionuclides. 1:t

17 2. The following categories of pesticides registered 7.64

18 for use in Florida by the state Department of Agriculture and 7.65

19 Consumer Services: 7.66

20 a. Restricted-use pesticides. 1:t

21 b. Persistent pesticides. 7.67

22 .c. Pesticides which are both restricted-use and 1:t

23 persistent. 7.68

24 d. Restricted-by-label pesticides. 1:t

25 (6) "Manufacturer" means any person who creates, 7.70

26 produces or processes chemicals for sale, distribution, or

27 transfer to a person other than the manufacturer. 7.71

28 (7) "Sales price" means the total amount charged by a 7.72

29 manufacturer for a chemical, without any deductions for

30 transportation charges, handling charges, service charges, or .73

31 any other charge.
25


CODING: Words in 4s thc suMk type ore deletions from existing law; words underlined are additions.















187-243-5-3



1 208.202 Tax levied on chemicals; rate imposed on 7.74

2 wholesale dealers; rate imposed on manufacturers; taxpayer

3 registration; certain consumers liable for tax.-- 7.75

4 (1)(a) A tax at the rate provided pursuant to s. 7.76

5 208.203 upon the wholesale price is imposed upon wholesale

6 dealers for the privilege of selling, transferring, 7.77

7 distributing, or storing for distribution any chemical in this

8 state.

9 (b) A tax at the rate provided pursuant to s. 208.203 7.79

10 upon the sales price is imposed upon manufacturers for the

11 privilege of selling, transferring, distributing or storing 7.80

12 for distribution any chemical.

13 (c) The tax levied hereunder shall be imposed only l:t

14 once, at the first sale or transfer by a wholesale dealer or 7.81

15 manufacturer of such chemcial. 7.82

16 (d) In the event a taxable chemical is created, l:t

17 manufactured, or imported into this state for further 7.84

18 processing or conversion into another taxable chemical, the

19 tax imposed by this chapter shall be collected from the 8.2

20 wholesale dealer, manufacturer, or consumer who first handles

21 or uses such chemical after creation, manufacture, or 8.3

22 importation, and shall not be collected on the final product. 8.4

23 (e) Distributing agents shall not be liable for the l:t

24 tax imposed by this chapter, except when such agent transfers 8.5

25 or sells any chemical directly to the person who consumes such 8.6

26 substance.

27 (2)(a) Every wholesale dealer or manufacturer l:t

28 receiving, distributing, storing, transferring, or selling any 8.8

29 chemical shall be required to register with the department,

30 and remit the tax imposed by this chapter. 8.9

31

26

CODING: Words in 44mk though type are deletions from existing low; words underlined are additions.















187-243-5-3



1 (b) In an instance where an in-state ultimate consumer 8.10

2 of a chemical purchases such product directly from an out-of-

3 state producer or manufacturer, such consumer shall register 8.11

4 with the department, and shall be liable for paying and

5 remitting the tax imposed by this chapter. 8.12

6 (3) This tax shall be in addition to all other taxes 8.14

7 imposed on the sale of chemicals in this state or on wholesale

8 dealers or manufacturers of chemicals. 8.15

9 208.203 Tax rate; annual adjustment; legislative l:s

10 intent.-- 8.16

11 (1) By June 1 of each year, the department shall 1:t

12 estimate the total revenues which will be collected during 8.17

13 such fiscal year, and adjust the tax rate to be imposed for

14 the next fiscal year as provided in subsection (2). 8.18

15 (2) The tax rate for the 1983-1984 fiscal year shall 8.19

16 be 1.5 percent. The tax rate for each subsequent fiscal year 8.20

17 shall be computed as follows: 8.21

18 (a) The sum of $10 million shall be divided by the l:t

19 amount of revenue estimated to be generated for the current 8.22

20 fiscal year.

21 (b) The resulting figure shall be multiplied by the 8.23

22 tax rate currently being imposed, to derive the tax rate which

23 shall be imposed during the next fiscal year. 8.24

24 (c) After computing the tax rate to be imposed for the 1:t

25 next fiscal year, the department shall notify each person who 8.26

26 has a tax liability pursuant to this chapter of the new tax

27 rate. 3.27

28 (3) It is the intent of the Legislature that the :t

29 Department of Revenue shall annually revise the tax rate to be 3.28

30 imposed on taxable chemicals. This intent is based on the 3.29

31
27

CODING: Words in 4PMk s ug type are deletions from existing low; words underlined ore additions.















187-243-5-3



1 necessity for ensuring that the tax rate does not generate

2 insufficient, or excessive, revenues. 8.30

3 208.204 Exemptions; goods-in-transit; fertilizer.-- 8.31

4 (1) Chemicals manufactured or produced outside this 8.32

5 state and brought into this state only for transshipment out 8.35

6 of the United States, or manufactured or produced outside of

7 the United States and brought into this state for 8.36

8 transshipment out of this state, for sale in the ordinary 8.37

9 course of trade or business are considered goods-in-transit

10 and shall not be deemed to have acquired a taxable situs even 8.38

11 though the property is temporarily halted or stored within the

12 state. The term "goods-in-transit" implies that the chemical 8.40

13 manufactured or produced outside this state and brought into 8.41

14 this state has not been diverted to domestic use and has not

15 reached its final destination, which shall be evidenced by the 8.42

16 fact that the individual unit packaging device utilized in the 8.43

17 shipping of the specific chemical has not been opened except

18 for inspection or storage. However, chemicals transshipped 8.45

19 into this state and subjected in this state to a subsequent

20 manufacturing process or used in this state in the production 8.46

21 of other substances or chemicals are not goods-in-transit. 8.47

22 (2) The manufacture of fertilizer raw materials and 1:t

23 components used therein is exempt from this chapter. 8.49

24 208.205 Payment of tax; administrative provisions; 8.50

25 power of the department; audit procedure.-- 8.51

26 (1) The department shall collect the tax imposed by l:t

27 this chapter monthly based on the sale or transfer of 8.52

28 chemicals by wholesale dealers or manufacturers during the

29 prior month. 8.53

30 (2) Except for the collection allowance, the same l:t

31 duties and privileges imposed by chapter 212 upon dealers of 8.54
28


CODING: Words in *k thou ghi type are deletions from existing law; words underlined are additions.















187-243-5-3


1 tangible personal property respecting the remission of tax; 8.55

2 the making of returns; penalties and interest; the keeping of

3 books, records, and accounts; enforcement; and the compliance 8.56

4 with the rules of the department in the administration of 8.57

5 chapter 212 shall apply to and be binding on all wholesale 8.58

6 dealers or manufacturers who are subject to the provisions of

7 this chapter. 8.59

8 (3) The department shall keep records showing the l:t

9 amount of taxes collected. These records shall be maintained 8.61

10 in the same manner with respect to confidentiality as provided

11 in s. 213.053. 8.62

12 (4) The department shall promulgate regulations, 1:t

13 establish audit procedures for the audit of wholesale dealers 8.64

14 or manufacturers, be authorized to assess for delinquency, and
15 prescribe and publish such forms as may be necessary to 8.65

16 effectuate the purposes of this chapter. 8.66

17 208.206 Distribution of revenues.--The revenues 1:t

18 collected from the tax imposed by this chapter, less the 8.67

19 service charge required in s. 215.20, shall be deposited in 8.68

20 the Hazardous Waste Management Trust Fund, which is created

21 pursuant to s. 403.725. 8.69

22 Section 16. Subsection (22) is added to section 8.71

23 215.22, Florida Statutes, to read:

24 215.22 Certain moneys and certain trust funds 1:s

25 enumerated.--The following described moneys and trust funds, B.73

26 by whatever name designated, shall be those from which the 8.74

27 deductions authorized by s. 215.20 shall be made: 8.75

28 (22) All revenues deposited in the Hazardous Waste l:t

29 Management Trust Fund created pursuant to s. 403.725. 3.77

30

31
29

CODING: Words inr* Su~ k u type are deletions from existing low; words underlined are additions.















187-243-5-3



1 The enumeration of the above moneys or trust funds shall not 8.79

2 prohibit the applicability thereto of s. 215.24 should the 8.80

3 Governor determine that for the reasons mentioned in s. 215.24

4 said money or trust fund should be exempt herefrom, as it is 8.81

5 the purpose of this law to exempt all trust funds from its 8.82

6 force and effect where, by the operation of this law, federal 8.83

7 matching funds or contributions to any trust fund would be 8.84

8 lost to the state.

9 Section 17. Subsection (29) is added to section 9.2

10 403.061, Florida Statutes, 1982 Supplement, to read:

11 403.061 Department; powers and duties.--The department l:s

12 shall have the power and the duty to control and prohibit

13 pollution of air and water in accordance with the law and 9.4

14 rules and regulations adopted and promulgated by it, and for 9.5

15 this purpose to: 9.6

16 (29) Establish rules to regulate the management of i:t

17 underground storage tanks, including construction standards, 9.7

18 permitting of new tanks, maintenance and installation

19 standards, and removal or disposal standards for underground 9.8

20 storage tanks. The department shall coordinate with county 9.9

21 governments, the Department of Agriculture and Consumer

22 Services, and the State Fire Marshal's Office in the 9.10

23 development of these rules. The department may delegate the 9.11

24 permitting functions defined by rule.

25 Section 18. Subsection (18) of section 403.703, l:t

26 Florida Statutes, is amended to read:

27 403.703 Definitions.--As used in this act: 1:s

28 (18) "Closure" means the cessation of operation of a l:t

29 resource recovery and management facility, and the act of 9.15

30 securing such a facility so that it will pose no significant 9.16

31 threat to human health or the environment. 9.17
30

CODING: Words in 44prk t.Jouw type are deletions from existing law; words underlined ore additions.




s










187-243-5-3



1 Section 19. Subsection (16) of section 403.704, l:t

2 Florida Statutes, is amended to read: 9.18

3 403.704 Powers and duties of the department.--The l:s

4 department shall have responsibility for the implementation 9.20

5 and enforcement of the provisions of this act. In addition to 9.22

6 other powers and duties, the department shall:

7 (16) Adopt, repeal, or amend rules to implement, 9.24

8 administer, and enforce this act. However, whenever the 9.25

9 department adopts any rule stricter or more stringent than one

10 which has been set by the United States Environmental 9.26

11 Protection Agency, the procedures set forth in s. 403.804(2)

12 shall be followed.T previdedr me department rule shall be mere 9.28

13 stringent than federal reeuatiems premulgated pursuant te the

14 Reseuree Gemservatiem and Reeevery Aet eof 1967 PU b bF Ne- 9.29

15 94-5897 as amended- Hewever- the Enviryememtai RegulatoeR 9.30

16 Gemmisseion pursuant te a finding eo eempelling meedy may

17 adept by rule a strieter standard thae the federal re ~ atiem- 9.31

18 Additiaealayi upen a finding by the Enviremmentai Regulatien 9.32

19 Gemmissien that a haasedels waste net regulated by the United 9.33

20 States Envireme ieaa Preteetien Agemey peses am imminent

21 hazard te the ptubie health safety; and welfare er to the 9.34

22 enviremmeRt- the EBvireomeiRta Regulatein Eemmeissie may adept 9.36

23 a rule regulating sueh hazardeus waste-. n either ease the 9.37

24 Geverner and Gabiaet shall review the rule and shall aeeept7

25 rejee7; er medify the rule eor remand the rule for further 9.39

26 preeedeings within 68 days roem its submissiem- in either 9.40

27 ease saeh rules shall met be effective until final aeteie by

28 the Geverner and GabinetT The department shall not, however, 9.41

29 adopt hazardous waste rules for solid waste for which special 3.42

30 studies are required under the Resource Conservation and 9.43

31 Recovery Act, as amended, until the data from the studies are l:lus
31


CODING: Words in .uias tshIoug type are deletions from existing law; words underlined are additions.















187-243-5-3


1 eempieted by the United States Environmental Protection Agency 9.45

2 or other studies by the State of Florida are and the 9.46

3 infermatiea is available to the department for consideration 9.47

4 in adopting its own rule and reasonably indicate that such 9.48

5 solid waste should be classified as a hazardous waste as

6 defined in s. 403.703(21). 9.49

7 Section 20. Paragraph (c) of subsection (1) of section l:t

8 403.7045, Florida Statutes, 1982 Supplement, is amended to 9.51

9 read:

10 403.7045 Application of act and integration with other l:s

11 acts.-- 9.53

12 (1) The following wastes or activities shall not be l:t

13 regulated pursuant to this act: 9.54

14 (c) Emissions to the air from a stationary l:t

15 installation or source regulated under provisions of chapter 9.55

16 403 or under the Clean Air Act, Pub. L. No. 95-95 95-11; 9.56

17 Section 21. Subsections (1) and (2) of section l:t

18 403.707, Florida Statutes, 1982 Supplement, are amended to 9.58

19 read:

20 403.707 Permits.-- l:s

21 (1) After January 1, 1975, no resource recovery and 9.60

22 management facility or site shall be operated, maintained,

23 constructed, expanded, eL modified, or closed without an 9.61

24 appropriate and currently valid permit issued by the 9.63

25 department.

26 (2) Except as provided in s. 403.722(6), no permit l:t

27 under this section shall be required for the following 9.65

28 activities, provided no public nuisance or any condition 9.66

29 adversely affecting the environment or public health is 9.67

30 created, and provided the activity does not violate other 9.68

31
32

CODING: Words in k tseo.~jh type are deletions from existing law; words underlined are additions.















187-243-5-3


1 state or local laws, ordinances, rules, regulations, or 9.69

2 orders:

3 (a) Disposal by persons of solid waste resulting from 9.70

4 their own activities on their own property. However, the l:lus

5 department may by rule require any such person to file a

6 written notification to the department of the type of solid 9.72

7 waste being disposed of, the location of disposal, and methods 9.73

8 of solid waste management being performed.

9 (b) Normal farming operations. 9.74

10 (c) Solid waste disposal areas limited solely to the l:t
11 disposal of construction and demolition debris. 9.75

12 Section 22. Subsections (9) and (10) of section l:t

13 403.722, Florida Statutes, 1982 Supplement, are amended to 9.77

14 read:

15 403.722 Permits; hazardous waste disposal, storage, l:s

16 and treatment facilities.-- 9.79

17 (9) The department shall preeess permit applieatieee l:t

18 pursuant te s- i-28-69- It shall not be a requirement for the 9.81

19 issuance of permits sueh a permit that the facility complies 9.84

20 with an adopted local government comprehensive plan, local 10.2

21 land use ordinances, zoning ordinances or regulations, or 10.3

22 other local ordinances. However, such a permit issued by the 10.4

23 department shall not supersede everriee such adopted local 1:los

24 government comprehensive plans, local land use ordinances, 10.7

25 zoning ordinances or regulations, or other local ordinances. 10.8

26 (10) Notwithstanding ss. 120.60(2), 403.0876, and 1:t

27 403.815:7 10.10

24 (a) The time specified by law for permit review shall 10.12

29 be tolled by the request of the department for publication of

30 notice of proposed agency action to issue a permit for a 10.14

31 hazardous waste treatment, storage, or disposal facility and
33

CODING: Words in 4M4u k tshieagh type are deletions from existing law; words underlined ore additions.















187-243-5-3



1 shall resume 45 days after receipt by the department of proof 10.15

2 of publication. If, within 45 days after publication of the 10.16

3 notice of the proposed agency action, the department receives 10.17

4 written notice of opposition to the intention of the agency to

5 issue such permit and receives a request for a hearing, the 10.18

6 department shall provide for a hearing pursuant to s. 120.57, 10.19

7 if requested by a substantially affected party, or an informal

8 public meeting, if requested by any other person. Failure to 10.21

9 request a hearing within 45 days after publication of the

10 notice of the proposed agency action shall constitute a waiver 10.22

11 of the right to a hearing under s. 120.57. The permit review 10.24

12 time period shall continue to be tolled until the completion

13 of such hearing or meeting and shall resume pursuant te the 10.25

14 time pereds and telling p5reviiees e s- 128-60. 10.27

15 (b) Within 60 days after receipt of an application for l:t

16 a hazardous waste facility permit, the department shall 10.29

17 examine the application, notify the applicant of any apparent

18 errors or omissions and request any additional information the 10.30

19 department is permitted by law to require. Failure to correct 10.32

20 an error or omission or to supply additional information shall

21 not be grounds for denial of the permit unless the department 10.33

22 timely notifies the applicant within the 60-day period, except 10.34

23 that the provisions of this paragraph shall not prevent the

24 department from denying an application if it does not possess 10.36

25 sufficient information to ensure that the facility is in

26 compliance with applicable statutes and rules. 10.37

27 (c) The department shall approve or deny every 10.38

28 hazardous waste facility permit within 135 days after receipt 10.39

29 of the original application or after receipt of the requested

30 additional information or correction of errors or omissions. 10.40

31 However, failure of the department to approve or deny within 10.41

34


CODING: Words in ~tuck h..uqh type aor deletions from existing law; words underlined are additions.















187-243-5-3


1 the 135-day time period shall not result in the automatic

2 approval or denial of the permit, and shall not prevent the

3 inclusion of specific permit conditions which are necessary to

4 ensure compliance with applicable statutes and rules.

5 Section 23. Section 403.723, Florida Statutes, is

6 amended to read:

7 403.723 Siting of hazardous waste facilities.--

8 (1) The department, within 30 days of receipt of a
9 complete application for a hazardous waste facility

10 construction or modification permit, shall notify each unit of
11 local government within 3 miles of the proposed facility that

12 a permit application has been received and shall publish

13 notice, in a newspaper of general circulation in the area of

14 the proposed facility, that a complete permit application has

15 been received.

16 (2) Upon request by a person who has applied for a

17 hazardous waste facility permit from the department, the local

18 government having jurisdiction over the proposed site shall,

19 within 90 days of such request, determine whether or not the

20 proposed site is consistent and in compliance with adopted

21 local government comprehensive plans, local land use

22 ordinances, local zoning ordinances or regulations, and other

23 local ordinances in effect at the time a hazardous waste

24 facility construction or modification permit application is

25 made.

26 (3) If the local government determines within 90 days

27 of the request that construction or modification of the

28 facility does not comply with such plans, ordinances, or

29 regulations, the person requesting the determination may

30 request a variance from such plans, ordinances, or

31 regulations.
35

CODING: Words in ts I &Pe.Lk type are deletions from existing law; words underlined are additions.


10.42

10.44



10.46



l:t

10.47

10.48

10.49

10.50



10.53

10.55



10.56

10.60

10.61



10.63



10.65



10.66



L0.67

L0.68



L0.69

L0.70






'i
1






187-243-5-3



1 (4) If the variance requested by the applicant is l:t

2 denied by local government or if there is no determination 10.71
3 made by local government pursuant to subsection (2) within 90 10.72

4 days of the request, or if there is no action on the variance 10.73
5 requested by the applicant within 90 days of the request for

6 the variance, the person requesting such determination or 10.74

7 variance may petition the Governor and Cabinet for a variance

8 from the local ordinances, regulations, or plans. The action 10.76
9 taken by a local government shall be identified within the 10.77

10 petition. In addition, within the petition, justifications 10.78
11 for approving facility development, based on the factors 10.79

12 listed in subsection (6), shall be provided by the petitioner. 10.80

13 However, before the Governor and Cabinet may overturn a local 10.81

14 government decision, the Hazardous Waste Facility Siting

S 15 Commission must, by a vote of the majority of a quorum 10.82
16 present, recommend a variance from any local ordinances, 10.83

17 regulations, or plans that would prohibit the siting of the
18 hazardous waste facilities. As used in this section, a quorum 11.1

19 means at least seven members of the commission.7 but eany if 11.2

20 the applieable regional plaaning eeunei&7 by a vote ef a 11.4

21 majority ef the members present has prevaieasy reeemmended a

22 variance frem any ieeal erdinamees7 reeguati e sy er pIans that 11.5

23 prekhibt the siting ef the hazardens waste faeiity- 11.6

24 (5)(a) If a person petitions the Governor and Cabinet l:t

25 for a variance pursuant to subsection (4), the Governor shall 11.9

26 immediately notify the chairman of the commission. 11.10

27 (b) Within 7 days of receipt of such notification, the l:t

28 chairman of the commission shall request the appointment of 11.12

29 the temporary members pursuant to s. 403.729(4). Within 14 11.13

30 days of notification, the appropriate governing bodies shall

31
36


CODING: Words in ~ce I wukg m typ* are deletions from existing law; words underlined are additions.















187-243-5-3



1 select temporary members and notify the chairman of their 11.14

2 selections to the commission.

3 (c) Within 14 days after the temporary members have 11.15

4 been selected, the commission shall meet to review and

5 establish a timetable for the consideration of a proposed 11.17

6 facility. The timetable established shall conclude within 180 11.18

7 days, and within that period the commission shall issue a 11.19

8 recommended order to deny or approve the petitioner's request 11.20

9 for a variance from a local ordinance, regulation, or plan.

10 (d) To issue a recommended order for a variance 11.21
11 pursuant to subsection (4), the commission shall conduct a 11.22

12 public hearing pursuant to s. 120.57. In addition to the 11.23

13 other notice requirements for such hearings provided for by 11.24

14 chapter 120, the commission shall set a date and arrange for 11.25

15 publication of notice for such hearing in a newspaper having 11.26

16 major circulation in the vicinity of the proposed facility.

17 The public notice shall: 11.27

18 1. Contain a map indicating the location of the l:t

19 proposed facility, a description of the proposed action, and 11.28

20 the location where the application may be reviewed and where 11.29

21 copies may be obtained.

22 2. Identify the time, place, and location for the 11.30

23 public hearing in order to receive public testimony.

24 3. Be published not less than 30 days before the date 11.31

25 of the public hearing. 11.32

26 (e) The public hearing required by paragraph (d) shall 1:t

27 be held within 90 days from the date of notice. 11.34

28 (6)Ef5 The Hazardous Waste Facility Siting Commission 11.37

29 A reegenal planning eeuaeil may recommend a variance from any

30 local ordinances, regulations, or plans only if a hazardous 11.39

31 waste permit application has been received issued by the 1:lus
37


CODING: Words in 4**4pik tIA. type ore deletions from existing low; words underlined are additions.














187-243-5-3



1 department and if the commission regienal planning eeuneil 11.42

2 finds, based upon competent substantial evidence that elearly l:los

3 and eenviaeingly establishes, that the facility: 11.45

4 (a) Is necessary, as determined by examining the state 11.46

5 hazardous waste facility needs assessment required by s. 11.47

6 8(1)(b).

7 (b) Will be in the public interest. 11.48

8 (c)1fa Will not have a significant adverse impact on 11.49

9 the environment and natural resources eo the regien.

10 (d)fbj Will not have a significant adverse impact on 11.51

11 the economy ef the region.

12 (e)+fe Does not pose a significant danger to the 11.52

13 public in the region due to transportation of hazardous waste 11.55

14 to or from the facility.

15 (f)fd. Complies with adopted local and state resource 11.57

16 recovery and management programs.

17 (7)f6+ Rgly If the Hazardous Waste Facility Siting 1:lus

18 Commission issues a recommended order approving regional 11.60

19 planning eeumei reeemmeeds a variance from local ordinances, 11.63

20 regulations, or plans, or if the commission fails to render a l:lus

21 recommended order reqienal planning eeuneil does not take any 11.65

22 aetioe within 180 98 days pursuant to paragraph (5)(c), eo the l:los

23 request for sueh reeemmeadaties-7 may the person requesting 11.73

24 the recommendation may request a hearing from for varianee 11.74

25 petition the Governor and Cabinet on the petition for a 11.77

26 variance from the local ordinances, regulations, or plans in 11.78

27 question. The Governor and Cabinet shall conduct such hearing 1:lus

28 within 30 days of the request. 11.80

29 (8)+# The Governor and Cabinet shall consider the 1:t

30 following when determining whether to grant a petition for a 11.82

31 variance from local ordinances, regulations, or plans:

38


CODING: Words in c4uc4J tspou- type are deletions from existing law; words underlined ore additions.






-








187-243-5-3



1 (a) The record of the proceeding before the Hazardous 11.83

2 Waste Facility Siting Commission and their recommendation 11.84

3 concerning the proposed facility regienaa panamnms eeumeil. 12.1

4 (b) The state hazardous waste facility needs 12.3
5 assessment required by s. 8(1)(b).

6 (c)fbJ Such studies, reports, and information as the 12.5

7 Governor and Cabinet may request of the department, addressing

8 the feasibility of alternative methods of storage, treatment, 12.6
9 or disposal of the hazardous waste to be handled at the 12.7

10 proposed facility; the need for the hazardous waste facility

11 based on the amount of hazardous waste being produced in this 12.8

12 state; the availability of possible suitable locations for the 12.9

13 hazardous waste facility elsewhere in this state; and the 12.10

14 economics of transporting the hazardous waste to be disposed 12.11

15 of, stored, or treated at the proposed or existing facility to

16 alternative existing facilities in or out of this state. 12.12

17 (d)fe+ Such studies, reports, and information as the 12.14

18 Governor and Cabinet may request of the Department of Veteran 12.15

19 and Community Affairs addressing whether or not the facility 12.18

20 unreasonably interferes with the achievement of the goals and

21 objectives of any adopted state or local comprehensive plan 12.19

22 and any other matter within its jurisdiction. The Governor 12.20

23 and Cabinet may grant a variance from local ordinances,

24 regulations, or plans only if the permit has been issued by 12.21

25 the department and if they find that there is a clear and

26 convincing need for the facility. A clear and convincing need 12.24

27 for a facility is established if the proposed method of

28 storage, treatment, or disposal of the hazardous waste to be 12.28

29 handled at the proposed facility is the most feasible method

30 and if it seems probable that the proposed or existing 12.30

31 facility will be more advantageous economically to generators
39

CODING: Words in *t k h h type are deletions from existing law; words underlined are additions.















187-243-5-3



1 of hazardous waste at the proposed site than at possible 12.31

2 alternative sites. The Governor and Cabinet may attach 12.32

3 conditions and restrictions to any variance granted pursuant

4 to this subsection. 12.33

5 _(9)C 8 The Hazardous Waste Facility Siting Commission 12.34

6 Regienal plainniR eeuneils and the Governor and Cabinet may 12.35

7 adopt rules of procedure that govern these proceedings. 12.36

8 Section 24. Paragraph (f) of subsection (3) of section 12.37
9 403.725, Florida Statutes, as created by chapter 80-302, Laws

10 of Florida, is hereby repealed. 12.38

11 Section 25. Subsection (3) of section 403.727, Florida l:t

12 Statutes, 1982 Supplement, is amended, subsection (4) is 12.40

13 renumbered and amended, and a new subsection (4) is added to

14 said section, to read: 12.41

15 403.727 Violations; defenses, penalties, and l:s

S 16 remedies.-- 12.43

17 (3) Violations of the provisions of this act shall be l:t

18 punishable as follows: 12.44

19 (a) Any person who violates the provisions of this l:t

20 act, the rules or orders of the department, or the conditions 12.45

21 of a permit shall be liable to the state for any damages

22 specified in s. 403.141 and for a civil penalty of not more 12.46

23 than $50,000 $25-999 for each day of continued violation. The 12.49

24 department may revoke any permit issued to the violator.

25 (b) Any person who knowingly: 12.50

26 1. Transports any hazardous waste listed pursuant to l:t

27 this act to a facility which does not have a permit under s. 12.52

28 403.722;

29 2. Disposes of, treats, or stores hazardous waste at 12.53

30 any place but a hazardous waste facility which has a current

31 and valid permit pursuant to s. 403.722; or 12.54
40


CODING: Words in *4wl throuek type are deletions from existing law; words underlined are additions.














187-243-5-3



1 3. Makes any false statement or representation in any 12.55

2 application, label, manifest, record, report, permit, or other

3 document required by this act 12.56

4
5 shall, upon conviction, be guilty of a felony of the third l:j

6 degree, punishable for the first such conviction by a fine of 12.57

7 not more than $50,000 for each day of violation or 12.58

8 imprisonment not to exceed 5 years, or both, and for any

9 subsequent conviction by a fine of not more than $100,000 per 12.59

10 day of violation or imprisonment of not more than 10 years, or

11 both upen the first eenvietien7 be sabjeet et a fine eo net 12.60

12 mere than $25 999 fer eaee day e veiolatie er te impriseement 12.62

13 met et eexeed i year er bethy and, upen any subsequent 12.63

14 eeMvietieR7 shall be subjeet he a fine ef net mere than

15 $597999 per day eo vielatien er te impriseument fer met mere 12.66

16 than 2 years er beth.

17 (4) In addition to any other liability under this 12.67

18 section, and subject only to the defenses set forth in

19 subsection (5), the following persons shall be liable for all 12.69

20 costs of removal or remedial action incurred by the department 12.70

21 under this section and damages for injury to, destruction of,

22 or loss of natural resources, including the reasonable costs 12.72

23 of assessing such injury, destruction, or loss resulting from

24 the release of a hazardous substance as defined in the 12.73

25 Comprehensive Environmental Response Compensation and 12.74

26 Liability Act of 1980, Pub. L. No. 95-510:

27 (a) The owner and operator of a facility; 12.75

28 (b) Any person who at the time of disposal of any l:t

29 hazardous substance owned or operated any facility at which 12.76

30 such hazardous substances were disposed of; 12.77

31
41

CODING: Words in ~ugs A.w9ug1 type ore deletions from existing law; words underlined ore additions.















187-243-5-3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


(c) Any person who by contract, agreement, or

otherwise arranged for disposal or treatment, or arranged with

a transporter for transport for disposal or treatment, of

hazardous substances owned or possessed by such person or by

any other party or entity, at any facility owned or operated

by another party or entity and containing such hazardous

substances; and

(d) Any person who accepts or accepted any hazardous

substances for transport to disposal or treatment facilities

or sites selected by such person,



from which there is a release, or a threatened release which

causes the incurrence of response costs, of a hazardous

substance.

(5)f4j The following defenses shall be available to a

person alleged to be in violation of this act, who shall plead

and prove that the alleged violation was solely the result of

any of the following or combination of the following:

(a) An act of war.

(b) An act of government, either state, federal, or

local, unless the person claiming the defense is a

governmental body, in which case this defense is available

only by acts of other governmental bodies.

(c) An act of God, which means only an unforeseeable

act exclusively occasioned by the violence of nature without

the interference of any human agency.

(d) An act or omission of a third party other than an

employee or agent of the defendant or other than one whose act

or omission occurs in connection with a contractual

relationship existing, directly or indirectly, with the

defendant, except when the sole contractual arrangement arises

42

CODING: Words in *uw l Law type are deletions from existing law; words underlined ore additions.


l:t

12.78



12.79

12.80



12.81

l:t

12.82





12.84



13.1

13.2



13.3

13.4

1:t

1:t

13.5

13.6



1:t

13.7



13.8

13.9



13.10














187-243-5-3



1 from a published tariff and acceptance for carriage by a 13.11

2 common carrier by rail, if the defendant establishes by a 13.12

3 preponderance of the evidence that:

4 1. The defendant exercised due care with respect to l:t
5 the hazardous waste concerned, taking into consideration the 13.14

6 characteristics of such hazardous waste, in light of all

7 relevant facts and circumstances; and 13.15

8 2. The defendant took precautions against foreseeable 1:t
9 acts or omissions of any such third party and against the 13.17

10 consequences that could foreseeably result from such acts or
11 omissions.

12 Section 26. Section 403.729, Florida Statutes, is 1:t

13 amended to read: 13.19

14 (Substantial rewording of section. See 13.21

15 s. 403.729, F.S., for present text.) 13.22

16 403.729 State Hazardous Waste Facility Siting l:t

17 Commission.--

18 (1) The State Hazardous Waste Facility Siting 13.23

19 Commission, hereinafter called the "commission," is created 13.24

20 within the Florida Land and Water Adjudicatory Commission.

21 The commission shall report to the Governor and Cabinet. 13.26

22 (2) The commission shall consist of nine permanent l:t

23 members to be appointed by the Governor. Initially, the 13.27

24 members identified in paragraphs (3)(a), (b), and (c) shall be 13.28

25 appointed for a 2-year term, and the members identified in

26 paragraphs (3)(d), (e), and (f) shall be appointed for a 3- 13.29

27 year term. Thereafter, all appointments shall be for 4-year 13.30

28 terms for these members. The terms of the members identified

29 in paragraphs (3)(g), (h), and (i) shall be determined by the 13.31

30 Governor at his or her discretion. The Governor may at any 13.33

31 time fill a vacancy for an unexpired term. 13.34
43


CODING: Words in ..*uk twuLgh type are deletions from existing law; words underlined are additions.




i








187-243-5-3



1 (3) The commission's permanent membership shall 13.35

2 consist of the following:

3 (a) A representative of the general public, who shall 13.36

4 serve as chairman.

5 (b) A representative from an environmental group. l:t

6 (c) A representative from the state university system 13.37

7 who is a chemist. 13.38

8 (d) A hazardous waste generator. l:t

9 (e) A hazardous waste transporter. 13.39

10 (f) A hazardous waste facility operator. 13.40

11 (g) The Secretary of Environmental Regulation, or his 13.41

12 or her designated representative.

13 (h) The Secretary of Health and Rehabilitative 13.42

14 Services, or his or her designated representative.

15 (i) The Secretary of Commerce, or his or her 13.44

16 designated representative. 13.45

17 (4) When the commission is considering recommending a 1:t

18 variance from local ordinances, regulations or plans to site a 13.46

19 hazardous waste storage or treatment facility pursuant to s. 13.47

20 403.723, four temporary voting members shall be appointed to 13.48

21 the commission. One of the temporary members shall be

22 appointed by the county wherein the proposed facility is to be 13.49

23 located, and another shall be appointed by the municipality L3.50

24 wherein such site is located. However, if the proposed

25 facility site is not located within a municipality, the county 13.51

26 shall appoint these two temporary members. The third 13.52

27 temporary member shall be the executive director of the

28 regional planning council wherein the proposed facility is to L3.53

29 be located, or his or her designated representative. The 13.55

30 fourth temporary member shall be a hydrologist designated by L3.56

31 the governing board of the water management district wherein
44


CODING: Words in ur shew.qk type are deletions from existing low; words underlined are additions.














187-243-5-3



1 the proposed facility is to be located. These four additional 13.58

2 members shall serve on the commission only during discussion 13.59

3 and proceedings relating to the variance recommendation for a

4 proposed facility which the members were appointed to 13.61

5 consider, and shall vote only on questions relating to the

6 proposed facility. The four temporary members shall serve on 13.63

7 the commission until final action is taken on the

8 recommendation which the temporary members were appointed to 13.64

9 consider. Members of the commission identified in paragraphs 13.66

10 (3)(a)-(f) shall be confirmed by the Senate. 13.67

11 (5) The Governor shall appoint an executive director l:t

12 to staff the commission. It is the intent of the Legislature 13.69

13 that staff from existing state agencies be used before

14 additional staff is hired, subject to the provisions of the 13.70

15 General Appropriations Act. Each agency shall cooperate with 13.71

16 the commission with respect to providing information necessary

17 to carry out the intent of this act. 13.72

18 (6) Members of the commission shall receive no 13.73

19 compensation, but may receive reimbursement for travel and per

20 diem expenses as provided in s. 112.061. 13.74

21 Section 27. Section 501.082, Florida Statutes, is l:t

22 created to read: 13.76

23 501.082 Management of hazardous substances by l:s

24 governmental agencies.-- 13.77

25 (1) All local, state and other governmental agencies l:t

26 and institutions of the State University System that utilize 13.78

27 hazardous substances or that generate hazardous waste shall: 13.79

28 (a) Notify the Department of Environmental Regulation 13.80

29 of the types of annual quantities of each hazardous material,

30 substance or waste that is used or generated. 13.81

31
45


CODING: Words in *wuk slwo.g type are deletions from existing law; words underlined are additions.






i
i







187-243-5-3



1 (b) Notify the department of the management practice l:t

2 used for their materials or wastes, including transportation, 13.82

3 storage, treatment and disposal. 13.83

4 (2) Each such agency shall develop written plans for l:t
5 the management of hazardous materials, substances or wastes in 13.84

6 conjunction with guidelines developed by the department. 14.1

7 (3) Each such agency shall develop plans for spill l:t

8 prevention control and countermeasures for hazardous materials 14.2

9 incidents. 14.3

10 Section 28. Siting of a multipurpose hazardous waste l:t
11 facility by the state.-- 14.4

12 (1) The Legislature recognizes the need for a 1:t

13 multipurpose facility in the state in order to properly manage 14.6

14 Florida's hazardous waste. For the purposes of this section,

15 a "multipurpose hazardous waste facility" means a hazardous 14.7

16 waste management facility which stores or treats hazardous 14.8

17 waste. Therefore, the following procedure shall be used to 14.9

18 provide a coordinated effort to site this facility in order to

19 protect the public health, safety, and welfare. 14.10

20 (2) Within 8 months after the effective date of this 14.12

21 act, the Department of Environmental Regulation shall develop

22 and adopt, pursuant to the provisions of chapter 120, Florida 14.13

23 Statutes, criteria for the siting of a multipurpose hazardous

24 waste facility in the state. Such criteria shall be designed 14.16

25 to prevent any significant adverse transportation, land use, 14.17

26 and economic impacts resulting from the location or operation 14.18

27 of this hazardous waste facility. The department shall seek 14.19

28 information from interested persons, including the waste 14.20

29 management industry, in order to properly develop and adopt 14.21

30 the criteria. L4.22

31
46


CODING: Words in *4usk th1o~.g type ore deletions from existing law; words underlined are additions.














187-243-5-3



S(3) Within 12 months after the effective date of this l:t

2 act, the Hazardous Waste Facility Siting Commission, by a 14.24

3 majority vote of the quorum present as specified in s. 14.25

4 403.723(4), Florida Statutes, shall adopt, pursuant to the

5 provisions of chapter 120, Florida Statutes, a site 14.26

6 designation for a multipurpose hazardous waste facility in

7 accordance with the siting criteria developed pursuant to 14.30

8 subsection (2). The site designated by the commission for the 14.31

9 facility shall be selected for areas of the state which 14.32

10 generate large volumes of hazardous waste. Selection of a

11 site by the commission shall be in proximity to those areas. 14.33

12 Preference shall be given by the commission to publicly owned 14.34

13 land which meets the criteria established pursuant to 14.35

14 subsection (2).

15 (4) Within 15 months of the effective date of this 14.36

16 act, the commission shall contract for the construction and 14.37

17 operation of the hazardous waste facility.

18 (5) Within 6 months of the selection by the commission l:t

19 of the contractor to build and operate the facility, such 14.40

20 contractor shall file an application with the department

21 pursuant to s. 403.722, Florida Statutes. If the contractor 14.42

22 is denied a permit by the department, the commission, by a 14.43

23 majority vote of the quorum present as specified in s. 14.44

24 403.723(4), Florida Statutes, shall select another contractor

25 within 30 days of the denial. This process shall continue 14.47

26 until a contractor is granted a permit by the department for

27 the construction and operation of a multipurpose hazardous 14.48

28 waste facility.

29 (6) If a contractor is granted a permit for the 14.50

30 construction and operation of a multipurpose hazardous waste

31
47


CODING: Words in *s shawouh type are deletions from existing low; words underlined are additions.















187-243-5-3



1 facility, such contractor may begin construction immediately. 14.52

2 (7) The Governor and Cabinet shall have the right of l:t

3 eminent domain for the purpose of acquiring title, easements, 14.53

4 rights-of-way, or other rights or interest in property 14.54

5 necessary to acquire and take private property which is or may

6 be needed for the construction and operation of a multipurpose 14.55

7 hazardous waste facility pursuant to this section. The 14.56

8 procedure to condemn property or interest therein shall be

9 exercised in the manner set forth in chapters 73 and 74, 14.57

10 Florida Statutes.

11 (8) In order to pay the cost for the construction and 14.58

12 operation of a multipurpose hazardous waste facility, state

13 bonds shall be issued pursuant to s. 403.1834, Florida 14.59

14 Statutes.

15 Section 29. Prohibition of hazardous waste 14.60

16 landfills.-- 14.61

17 (1) As used in this section, "hazardous waste 1:t

18 landfill" means a disposal facility or part of a facility at 14.65

19 which hazardous waste is placed in or on land, including an

20 injection well, and which is not a land treatment facility. 14.66

21 (2) The Legislature declares that, due to the 14.67

22 permeability of the soil and high water table in Florida, any

23 future hazardous waste landfills shall be prohibited. 14.68

24 Therefore, the Department of Environmental Regulation shall

25 not issue a permit pursuant to s. 403.722, Florida Statutes, 14.69

26 for a newly constructed hazardous waste landfill. However, if 14.70

27 by executive order, the Governor declares a hazardous waste

28 management emergency, the department may issue a permit for a 14.71

29 temporary hazardous waste landfill. Any such landfill shall 14.72

30 be used only until such time as an appropriate alternative

31 disposal method can be derived and implemented. In no event 14.73
48

CODING: Words in 44Pk though type ore deletions from existing law; words underlined ore additions.














187-243-5-3



1 shall such a permit be issued for a period exceeding 6 months 14.74

2 without a further declaration from the Governor.

3 Section 30. Liability of persons voluntarily assisting 14.75

4 in the cleanup of discharges of hazardous materials.-- 14.76

5 (1) For the purpose of this section: 14.77

6 (a) "Discharge" include leakages, seepage, or other l:t

7 release. 14.78

8 (b) "Hazardous materials" includes all materials and 1:t
9 substances which are now designated or defined as hazardous by 14.79

10 Florida or federal law or by the rules or regulations of 14.80

11 Florida or any Federal Government agency. 14.81

12 (2) Notwithstanding any provision of law to the l:t

13 contrary, no person who provides assistance or advice in 14.82

14 mitigating or attempting to mitigate the effects of an actual 14.83

15 or threatened discharge of hazardous materials, or in

16 preventing, cleaning up, or disposing of, or in attempting to 14.84

17 prevent, clean up, or dispose of, any discharge of hazardous

18 materials, shall be subject to civil liabilities or penalties 15.1

19 or any type, with respect to such actions. 15.2

20 (3) The immunities provided in subsection (2) shall l:t

21 not apply to any person: 15.3

22 (a) Whose act or omission caused in whole or in part l:t

23 such actual or threatened discharge and who would otherwise be 15.4

24 liable therefore.

25 (b) Who receives compensation other than reimbursement 15.5

26 for out-of-pocket expenses for services in rendering such 15.6

27 assistance or advice.

28 Section 31. Responsibilities of the department.-- 15.8

29 Nothing in this act shall be construed to limit or remove any

30 present powers and responsibilities if the Department of 15.9

31
49


CODING: Words in 44&"4 tpow s type are deletions from existing low; words underlined are additions.














187-243-5-3



1 Environmental Regulation with regard to hazardous waste 15.10

2 management.

3 PART VII l:ct

4 EMERGENCY TRUST FUND 1:ct

5 Section 32. Section 403.1655, Florida Statutes, is 15.11

6 created to read:

7 403.1655 Environmental Short-Term Emergency Trust l:s

8 Fund.-- 15.12

9 (1) It is the purpose of this section to provide a l:t

10 mechanism through which the State of Florida could immediately 15.13

11 respond to short-term emergencies involving a threat to or an 15.14

12 actual contamination of the groundwater. It is the intent of 15.15

13 the Legislature that the department provide not only technical

14 assistance when responding to these short-term emergencies, 15.16

15 but also financial resources to respond to emergencies which 15.17

16 pose an immediate environmental or public health threat.

17 (2) The Environmental Short-Term Emergency Trust Fund l:t

18 is hereby established to be administered by the department. 15.19

19 This fund shall be used for the immediate implementation of 15.20

20 operational and abatement procedures to mitigate air, water, 15.21

21 or land pollution.

22 (3) The department shall be the lead agency for 15.22

23 interdepartmental coordination relating to water pollution,

24 toxic substances and hazardous waste, and other environmental 15.23

25 and health emergencies not specifically designated within

26 other statutes. 15.24

27 (4) The Environmental Short-Term Emergency Trust Fund 1:t

28 shall be utilized to enable the department to respond on an 15.26

29 emergency basis to incidents which threaten the environment or

30 public health when otherwise responsible parties do not 15.27

31
50


CODING: Words in I~wk s.hrugh type ore deletions from existing low; words underlined are additions.














187-243-5-3



1 adequately respond. The department shall adopt rules for the 15.28

2 purposes of this section.

3 (5) The following shall be deposited into the fund: 15.29

4 (a) Appropriations to the fund by the Legislature. 15.30

5 (b) Grant moneys, or gifts from public or private l:t

6 agencies, which are specifically designated to be deposited 15.31

7 into the fund for emergency responses. 15.32

8 (6) Any and all interest accrued on moneys contained l:t
9 within the trust fund shall be retained by the trust fund. 15.33

10 Section 33. Paragraph (f) is added to subsection (5) l:t

11 of section 376.11, Florida Statutes, to read: 15.34

12 376.11 Florida Coastal Protection Trust Fund.-- 1:s

13 (5) Moneys in the Florida Coastal Protection Trust 15.36

14 Fund shall be disbursed for the following purposes and no 15.37

15 others:

16 (f) A one-time expenditure of $6 million to the l:t

17 Environmental Short-Term Emergency Trust Fund created in s. 15.39

18 403.1655(2).

19 Section 34. There is hereby transferred from the 15.40

20 Florida Coastal Protection Trust Fund created in s. 376.11, 15.41

21 Florida Statutes, to the Environmental Short-Term Emergency

22 Trust Fund created in s. 403.1655(2), Florida Statutes, the 15.42

23 sum of $6 million.

24 PART VIII l:ct

25 SEPTIC TANKS 15.44

26 Section 35. Section 381.272, Florida Statutes, 1982 1:t

27 Supplement, is amended to read: 15.45

28 (Substantial rewording of section. See 15.46

29 s. 381.272, F.S., 1982 Supp., for present text.) l:t

30 381.272 Onsite sewage disposal systems; installations; l:t

31 conditions.-- 15.48
51


CODING: Words in -*ok though type ore deletions from existing law; words underlined ore additions.














187-243-5-3


1 (1) The Legislature declares that it is the policy of l:t

2 this state to require that all onsite sewage disposal systems, 15.49

3 except approved onsite graywater systems, developed under the 15.50

4 provisions of this act connect to a publicly owned or

5 investor-owned sewerage system within 365 days after 15.51

6 notification that such a system is available. Where a 15.52

7 publicly owned or investor-owned sewerage system is not

8 available, the Department of Health and Rehabilitative 15.53

9 Services may issue permits for the construction or

10 installation of onsite sewage disposal systems under 15.54

11 conditions as described in this section. Provision shall be 15.55

12 made, such as the inclusion of sewer utility easements and

13 rights-of-way in a subdivision, to assure the eventual 15.56

14 construction and utilization of a sewerage system in said

15 subdivision. The developer of any lot that is developed under 15.58

16 the provisions of this section shall provide advance notice of 15.59

17 this requirement to the purchaser of such lot.

18 (2) Subdivisions where each lot has a minimum area of l:t

19 at least one-half acre and either a minimum dimension of 100 15.61

20 feet or a mean of at least 100 feet of the side bordering the

21 street and the distance formed by a line parallel to the side 15.62

22 bordering the street drawn between the two most distant points 15.63

23 of the remainder of the lot may be developed with a private

24 potable well and onsite sewage disposal system, provided the 15.64

25 projected daily domestic sewage flow does not exceed an

26 average of 1,500 gallons per acre, and provided satisfactory 15.66

27 drinking water can be obtained and all distance and setback, 15.68

28 soil condition, water table elevation, and other related

29 requirements of this section and rules promulgated hereunder 15.69

30 can be met.

31
52

CODING: Words in 4&t*wk tJlauk type are deletions from existing low; words underlined are additions.














187-243-5-3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

* 18

19

20

21

22

23

24

25

26

27

28

29

30

31


CODING: Words in 4oek s~. agh type ore deletions from existing law; words underlined are additions.


(3) Subdivisions with a public water system may

utilize onsite sewage disposal systems, provided there are no

more than four lots per acre, provided the projected daily

domestic sewage flow does not exceed an average of 2,500

gallons per acre, and provided that all distance and setback,

soil condition, water table elevation, and other related

requirements which are generally applicable to the use of

onsite sewage disposal systems are met.

(4) Subsections (2) and (3) shall not apply to areas

where a municipally owned or investor-owned public sewerage

system is available contiguous to the proposed subdivision or

within one-fourth mile thereof with public right-of-way

accessibility.

(5) Onsite sewage disposal systems shall be placed no

closer than the minimum distances indicated for the following:

(a) 75 feet from a private potable well.

(b) 100 feet from a public potable well.

(c) 75 feet from surface waters.

(6) All provisions of this section and rules

promulgated hereunder relating to soil condition, water table

elevation, density, distance, and other setback requirements

shall be equally applied to all lots regardless of the date of

platting.

(7) The provisions of this section shall not apply to

those parts of any Florida county in which more than 60

percent of the surface and subsurface soils consist of Key

Largo limestone and to those islands in the state in which

more than 60 percent of the surface and subsurface soils

consist of Miami limestone. For such areas, the department

shall promulgate rules governing the installation of onsite


l:t

15.72



15.73

15.74



15.75



1:t

15.77



15.78



l:t

15.80

l:t

l:t

1:t

l:t

15.84



16.1



16.2



6.3

6.4

6.5

6.6














187-243-5-3



1 sewage treatment systems, considering soil conditions, water 16.7

2 table elevations, densities and setback requirements. 16.8

3 (8) The Department of Health and Rehabilitative 16.9

4 Services may adopt variances in hardship cases which may be
5 less restrictive than the provisions specified in this 16.10

6 section. No variance shall be granted pursuant to this 16.11

7 section until the applicant affirmatively shows the following: 16.12

8 (a) That the hardship was not caused intentionally by l:t
9 the action of the applicant; 16.13

10 (b) That no reasonable alternative exists for the 1:t
11 treatment of the sewage; and 16.14

12 (c) That discharge from the individual sewage disposal l:t

13 system will not adversely affect the health of the applicant 16.15

14 or other members of the public or significantly degrade the

15 ground or surface waters. Where soil conditions, water table 16.17

16 elevation, and setback provisions are determined by the

17 department to be satisfactory, special consideration shall be 16.18

18 given to those lots platted prior to 1972. The department 16.20

19 shall appoint an advisory review variance board which shall

20 meet monthly to recommend agency action on variance requests. 16.21

21 (9)(a) As used in this subsection: 16.22

22 1. "Blackwater" means all residential waste carried l:t

23 off by toilet and kitchen drains and sewers. 16.23

24 2. "Graywater" means all residential waste not l:t

25 described in subparagraph 1. and includes bath, lavatory, sink 16.24

26 (but not kitchen sink), and laundry wastes. 16.25

27 3. "Individual graywater disposal system" means a 1:t

28 system of piping, a tank or treatment device, and a subsurface 16.26

29 absorption bed or drainfield for handling and treating

30 graywater where blackwater is treated by a central sewerage 16.27

31 system.
54


CODING: Words in srk shoLayl type are deletions from existing low; words underlined ore additions.















187-243-5-3



1 (b) The Department of Health and Rehabilitative 16.28

2 Services is authorized to approve on a limited and

3 experimental basis the installation of individual graywater 16.29

4 disposal systems.

5 (c) The general requirements of chapter 10D-6, Florida 16.30

6 Administrative Code, governing the installation of individual

7 sewage disposal facilities, shall apply for installation of 16.31

8 individual graywater disposal systems except for the 16.32

9 following:

10 1. The required septic tank or interceptor shall not l:t
11 be less than 250 gallons in capacity. 16.33

12 2. The required drainfield or absorption bed shall not l:t

13 be less than 100 square feet in area. 16.34

14 (10) With respect to the installation of experimental l:t

15 onsite sewage disposal systems, the department is authorized 16.35

16 to issue a temporary permit, provided the permitholder 16.36

17 maintains such monitoring equipment and makes and files such

18 records and reports as the department deems necessary to 16.37

19 evaluate the effect of such systems on public health and

20 receiving waters. The department may issue permanent permits 16.39

21 when it is satisfied the systems do not pose a health hazard. 16.40

22 Section 36. Section 381.273, Florida Statutes, is l:t

23 created to read: 16.41

24 381.273 Fees.--The Department of Health and 1:s

25 Rehabilitative Services is authorized to collect fees for 16.43

26 services provided under this part. Notwithstanding the 16.44

27 provisions of s. 154.06, it is the intent of the Legislature

28 that total fees assessed under this part shall be in an amount 16.45

29 sufficient to meet the cost of carrying out the provisions of 16.46

30 this part. The fee schedule for fiscal year 1983-1984 shall 16.47

31 be the following minimum fees provided in this section and 16.48
55


CODING: Words in 4tuk *t6ougP type are deletions from existing law; words underlined are additions.















187-243-5-3



1 such schedule shall remain in effect until the effective date 16.49

2 of a fee schedule promulgated by rule by the Department of 16.50

3 Health and Rehabilitative Services:

4 (1) Permitting, including plan reviews, issuance of 16.53
5 permits, and final inspection of new system -- a fee of not

6 less than $30, nor more than $50. 16.54

7 (2) Site evaluation -- a fee of not less than $20, nor 16.55

g more than $40. 16.57

9 (3) Research -- an additional $3 fee shall be added to l:t

10 each permit issued during fiscal years 1983-1988 to be used 16.59

11 for septic tank research to determine whether high density

12 installation of systems, installation of systems under certain 16.60

13 soil and water table conditions, and current methods of system 16.61

14 installation are polluting Florida's groundwater. The 16.62

15 research shall be supervised by the department.

16 (4) Accelerated soil survey -- An additional $7 fee 16.65

17 shall be added to each permit issued during fiscal years 1983-

18 1990 to be used to assist in funding the accelerated soil 16.66

19 survey program in the Department of Agriculture and Consumer

20 Services. 16.67

21 Section 37. This act shall take effect July 1, 1983, 16.69

22 except that sections 13 and 15 of this act shall take effect

23 August 1, 1983.

24

25

26

27

28

29

30

31
56


CODING: Words in ck Aehog type are deletions from existing law; words underlined ore additions.














187-243-5-3



1 **************************************** l:hbs

2 HOUSE SUMMARY l:hbs

3 Creates the "Water Quality Assurance Act of 1983." 16.72
Provides generally for a system of monitoring and 16.73
4 evaluating threats to water quality in the state, and 16.74
provides, with respect to the related matters, as
5 follows:

6 DATA COLLECTION.-Expands the duties of the Department of 16.76
Environmental Regulation with respect to the collection 16.77
7 and review of data relating to water resources of the
state.
8
PESTICIDES.--Provides for testing of restricted-use 16.79
9 pesticides and specifies duties of the Department of 16.80
Agriculture and Consumer Services and the Department of
10 Environmental Regulation.

11 GROUNDWATER MONITORING.--Requires the Department of 16.82
Environmental Regulation to establish a groundwater 16.83
12 quality monitoring network and specifies criteria
therefore.
13
WELL FIELD CONTAMINATION MITIGATION.--Expands the duties 17.1
14 of the Department of Environmental Regulation upon 17.2
finding that a contaminant in a water supply poses an
15 imminent danger to the public health. 17.3

16 ARTESIAN WELL PLUGGING.--Expands the authority of the 17.5
department to order the plugging of artesian wells and 17.6
17 changes the standard to apply to circumstances whereby a
threat to the aquifer is posed. Requires each water 17.8
18 management district to adopt a plan for the plugging of
all abandoned artesian wells. Provides for departmental 17.10
19 review of such plans. Creates liens for the cost of 17.11
plugging.
20
HAZARDOUS WASTE.--Creates within the Department of 17.13
21 Environmental Regulation, the Local Government Hazardous 17.14
Waste Management Program to assist local governments and
22 to provide a state needs assessment. Requires counties 17.16
to conduct hazardous waste assessment under rules of the
23 department and specifies the content thereof. Specifies 17.18
a schedule for the completion of such assessments and
24 provides for annual updating. Requires counties to 17.19
annually notify small quantity generators of their
25 responsibilities with respect to hazardous waste 17.20
management. Requires such generators to disclose certain 17.21
26 information to the counties and provides for county
verification of such generators' management practices. 17.22
27 Requires counties to send summaries of such information 17.23
to the department. Creates the Local Government 17.24
28 Hazardous Waste Management Trust Fund within the
Department of Revenue to subsidize county assessments. 17.25
29
Imposes an excise tax upon persons registered as 17.27
30 operators of pollutant terminal facilities and persons 17.28
handling such pollutants. Provides for the collection
31 and administration of the excise tax. Creates the Water 17.29
57

CODING: Words in 4a4sw duuwgh typo or* deletions from existing low; wort undrlined ore additions.














187-243-5-3


1 Quality Assurance Trust Fund. Abolishes the tax on the 17.30
generation of hazardous wastes.
2
Imposes a tax on the sale of chemicals by wholesale 17.32
3 dealers or manufacturers. Provides liability of certain 17.33
consumers. Requires taxpayer registration with the 17.34
4 Department of Revenue. Provides for annual determination 17.35
of the tax rate. Provides exemptions. Provides for 17.37
5 administration. Provides for deposit of tax revenues in 17.38
the Hazardous Waste Management Trust Fund.
6
Includes Hazardous Waste Management Trust Fund revenues 17.40
7 within those funds a portion of which may be placed in 17.41
general revenue.
8
Authorizes the Department of Environmental Regulation to 17.43
9 establish rules for the management of underground storage 17.44
tanks. Redefines the term "closure" for purposes of the 17.45
10 department's power to close and secure a resource 17.46
recovery and management facility. Changes procedures for 17.47
11 the review by the Governor and Cabinet of rules of the
department relating to resource recovery and management 17.48
12 which are stricter than those of the United States
Environmental Protection Agency. Changes the 17.50
13 circumstances under which the department may adopt
hazardous waste rules for solid waste. Prohibits the 17.52
14 closure of resource recovery and management facilities
without a permit from the department. Changes certain 17.54
15 permitting exceptions. Changes review procedures for 17.55
hazardous waste facility permits issued by the
16 department. Changes procedures for hearings by the 17.56
Governor and Cabinet of petitions of permittees for a
17 variance from local ordinances, regulations or plans. 17.57
Requires the State Hazardous Waste Facility Siting 17.58
18 Commission to recommend such variance and provides 17.59
procedures for review of such petitions by the 17.60
19 commission. Provides review criteria. Repeals 17.62
provisions relating to the deposit of excise tax fees
20 into the Hazardous Waste Management Trust Fund. 17.63

21 Increases the penalties for persons who violate 17.65
provisions relating to hazardous wastes. Imposes 17.66
22 liability upon specified persons for costs and damages
caused by the release or threatened release of hazardous 17.67
23 substances. Restricts the circumstances in which a 17.68
governmental entity may interpose a defense to such
24 liability. 17.69

25 Replaces the State Hazardous Waste Policy Advisory 17.71
Council with a State Hazardous Waste Facility Siting 17.72
26 Commission within the Florida Land and Water Adjudicatory
Commission. Specifies the membership of the commission. 17.73
271
2 Requires all governmental agencies and institutions 17.75
28 within the State University System to notify the 17.76
Department of Environmental Regulation regarding
291 hazardous substances or wastes used or generated and 17.77
management practices. Requires such agencies to develop 17.78
30 plans for management and spill control.

31
58

CODING: Words in *4.wk skuew type ore deletions from existing law; words underlined ore additions.















187-243-5-3



1 Provides for the siting of a multipurpose hazardous waste 17.80
facility in the state. Provides for the adoption of 17.81
2 siting criteria by the Department of Environmental
Regulation. Requires the State Hazardous Waste Facility 17.82
3 Siting Commission to adopt a site designation and to
contract for the construction and operation of the 17.84
4 facility. Requires the facility to have a permit issued 18.1
by the department. Grants eminent domain powers to the 18.2
5 Governor and Cabinet. Authorizes the issuance of state
S bonds to construct and operate the facility. 18.3
6
Prohibits the construction or permitting of hazardous 18.5
7 waste landfills but authorizes temporary permits in case 18.6
of a hazardous waste management emergency. Exempts 18.7
8 persons who assist in preventing, cleaning up, or
disposing of discharges of hazardous materials from civil 18.8
9 liability. Provides exceptions. 18.9

10 EMERGENCY TRUST FUND.--Establishes the Environmental 18.11
Short-Term Emergency Trust Fund to be used to fund 18.12
11 immediate implementation of procedures to abate
pollution. Transfers funds to the trust fund from the 18.13
12 Florida Coastal Protection Trust Fund.

13 SEPTIC TANKS.--Provides for regulation by the Department 18.15
of Health and Rehabilitative Services on onsite, rather 18.16
14 than individual, sewage disposal systems. Changes the 18.17
types of subdivisions which may use certain systems.
15 Restricts the location of such systems near wells and 18.18
surface waters. Provides for equal application of 18.19
16 certain regulatory provisions and rules to lots,
regardless of date of platting. Changes the 18.21
17 circumstances in which variances may be granted and
changes variance procedures. Authorizes the issuance of 18.22
18 temporary permits for experimental systems. Removes 18.23
provisions relating to organic waste composting systems.
19 Authorizes the department to collect fees for permitting 18.24
and research. Increases the fees for funding the 18.25
20 'accelerated soil survey program in the Department of
Agriculture and Consumer Services. 18.26
21

22

23

24

25

26

27

28i

29

30

31

59

CODING: Words in **< s t h type ore deletions from existing law; words underlined are additions.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs