Title: CS/CS/HB 1129, First Engrossed
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 Material Information
Title: CS/CS/HB 1129, First Engrossed
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - CS/CS/HB 1129, First Engrossed (JDV Box 43)
General Note: Box 18, Folder 1 ( Water Task Force - 1983 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004133
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






CS/CS/HB 1129, First Engrossed 187-243-5-3


A bill to be entitled

An act relating to water resources; providing a

short title; amending s. 373.026, Florida

Statutes, expanding duties of the Department of

Environmental Regulation with respect to

collecting and monitoring data relating to

water resources; creating a. 487.043, Florida

Statutes, providing for the testing of

restricted-use pesticides; providing duties of

the Department of Agriculture and Consumer

Services and the Department of Environmental

Regulation; creating s. 403.063, Florida

Statutes, requiring the department to establish

a groundwater quality monitoring network and

providing criteria therefore; requiring regional

and local governments to sample and test

groundwater as directed by the department;

amending a. 403.855, Florida Statutes,

expanding duties of the department relating to

imminent hazards in water supplies; provides

the department with the authority to inspect

package sewage treatment facilities; allows the

department to delegate this responsibility to

local governments under certain circumstances;

amending s. 373.206, Florida Statutes,

expanding the authority of the department to

plug hazardous artesian wells; creating s.

373.207, Florida Statutes, requiring water

management districts to adopt plans for

plugging abandoned artesian wells; providing

for review of plans by the department;


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providing for certain liens; creating the Local

Government Hazardous Waste Management Program

within the Department of Environmental

Regulation; providing for a state needs

assessment; providing legislative intent with

respect to local hazardous waste management

programs; requiring counties to conduct a

hazardous waste assessment under rules

established by the department; providing for

technical assistance from the program;

providing a schedule for completion; providing

for annual updating of the assessment;

providing that all local government laws,

ordinances, or regulations be consistent with

state rules; requiring counties to notify small

quantity generators of their responsibilities

annually; requiring such generators to disclose

certain information to the county; providing

for verification of such generators' management

practices; providing for penalties; requiring

counties to furnish information on the

assessment and the notification program to the

department; creating the Local Government

Hazardous Waste Management Trust Fund;

providing an appropriation to the fund to

subsidize preparation of the assessment;

creating a. 376.115, Florida Statutes, creating

the Water Quality Assurance Trust Fund; levying

an excise tax on persons registered for the

operation of pollutant terminal facilities and

persons handling such pollutants; providing a

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187-243-5-3 CS/CS/HB 1129, First Engrossed


definition; providing for the collection and

administration of the tax; providing for the

suspension of the tax under certain

circumstances; repealing as. 208.001, 208.002,

208.003, 208.004, and 208.005, Florida

Statutes, abolishing the tax on the generation

of hazardous wastes; creating ss. 208.201,

208.202, 208.203, 208.204, 208.205, and

208.206, Florida Statutes; providing

definitions; imposing a tax on the sale of

chemicals by wholesale dealers or

manufacturers; providing liability of certain

consumers; requiring taxpayer registration with

the Department of Revenue; providing for annual

determination of the tax rate; providing

exemptions; providing for application of

administrative and penalty provisions of

chapter 212, Florida Statutes; providing for

administration, records, and audits; providing

for deposit of tax revenues in the Hazardous

Waste Management Trust Fund; adding a

subsection to s. 215.22, Florida Statutes,

including Hazardous Waste Management Trust Fund

revenues within those funds a portion of which

may be placed in general revenue; adding a

subsection to s. 403.061, Florida Statutes,

1982 Supplement, authorizing the Department of

Environmental Regulation to establish rules for

the management of underground storage tanks;

amending a. 403.703(18), Florida Statutes,

redefining the "closure" of a resource recovery


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and management facility; amending a.

403.704(16), Florida Statutes, changing

procedures for the review of rules of the

department stricter than those of the United

States Environmental Protection Agency relating

to resource recovery and management; changing

authority of the department to adopt hazardous

waste rules for solid wastes; amending a.

403.7045(1)(c), Florida Statutes, 1982

Supplement, correcting a cross-reference to

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

Florida Statutes, 1982 Supplement; requiring

resource recovery and management facilities and

sites which are closed to be permitted;

changing exceptions from certain permit

requirements; amending a. 403.722(9) and (10),

Florida Statutes, 1982 Supplement; revising

time periods with respect to issuance of

permits for hazardous waste facilities;

authorizing the department to request

additional information from an applicant;

amending a. 403.723, Florida Statutes;

providing for petition to the Governor and

Cabinet when a local government denies a

request for variance from local ordinances,

regulations, or plans or takes no action on a

variance request; requiring recommendation of

such variance by the State Hazardous Waste

Facility Siting Commission; providing

commission procedures and time limitations;

requiring a public hearing; providing criteria


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to be considered by the commission; providing

for a hearing by the Governor and Cabinet;

providing criteria to be considered; amends a.

403.725(1) and (3), relating to the use of

funds in the Hazardous Waste Management Trust

Fund; amending s. 403.727(3) and (4), Florida

Statutes, 1982 Supplement, and adding a new

subsection (4) thereto, increasing penalties

for violations of provisions relating to

hazardous wastes; imposing liability upon

specified persons for costs and damages caused

by the release or threatened release of

hazardous substances; restricting the ability

of government entities to interpose a defense

to such liability; amending a. 403.729, Florida

Statutes; providing for a State Hazardous Waste

Facility Siting Commission within the Florida

Land and Water Adjudicatory Commission in lieu

of the State Hazardous Waste Policy Advisory

Council; providing for membership thereof;

providing for temporary members; creating s.

501.082, Florida Statutes; requiring specified

governmental agencies and institutions of the

State University System to notify the

department regarding hazardous materials and

management practices; requiring written plans

for management and spill control; providing for

siting of a multipurpose hazardous waste

facility by the state; providing for adoption

of siting criteria by the department; providing

for adoption of a site designation by the


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commission; directing the commission to

contract for construction and operation of the

facility; requiring permitting of the facility;

granting eminent domain powers to the Governor

and Cabinet; authorizing the issuance of state

bonds; prohibiting hazardous waste landfills

and the issuance of permits therefore; providing

for emergency temporary permits; providing

immunity from liability for persons who assist

in cleaning up any discharge of hazardous

materials; providing exceptions; creating s.

403.1655, Florida Statutes, creating the

Environmental Short-Term Emergency Trust Fund

to fund pollution abatement procedures; adding

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

transferring certain funds from the Florida

Coastal Protection Trust Fund to such trust

fund; amending s. 381.272, Florida Statutes,

1982 Supplement, providing for the regulation

of onsite, rather than individual, sewage

disposal systems; changing the types of

subdivisions which may use certain systems;

restricting the location of such systems;

providing for equal application of restrictions

and rules; changing the circumstances in which

variances may be granted and the procedures

therefore; authorizing temporary permits for

experimental systems; deleting provisions

relating to organic waste composting systems;

creating s. 381.273, Florida Statutes,

authorizing the Department of Health and


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Rehabilitative Services to collect fees for

regulating such systems and for certain

research; increasing fees to fund the

accelerated soil survey program in the

Department of Agriculture and Consumer

Services; prohibits use of certain chemicals in

the treatment of onsite sewage disposal

systems; providing effective dates.



WHEREAS, the Task Force on Water Issues was appointed

by the Speaker of the House of Representatives to examine

water issues in the State of Florida and concluded that the

threat of contamination of the groundwater and related surface

waters by such elements as hazardous wastes, sewage,

industrial wastes, pesticides, and other chemical products

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

WHEREAS, the Task Force's efforts to determine the

extent or degree of contamination of the groundwater were

substantially inhibited because the State of Florida lacks a

systematic, comprehensive, monitoring system to identify the

degrees or types of contamination occurring, and

WHEREAS, the Task Force's findings indicate that

dramatic changes in the State of Florida, including rapid

growth and development and the increasing use of thousands of

new chemical products, require a substantial increase in

funding if Florida is to adequately manage and protect its

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

citizens, NOW, THEREFORE,



Be It Enacted by the Legislature of the State of Florida:


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

Assurance Act of 1983."

PART I

DEPARTMENT OF ENVIRONMENTAL REGULATION

DATA COLLECTION

Section 2. Section 373.026, Florida Statutes, is

amended to read:

373.026 General powers and duties of the department.--

The Department of Environmental Regulation, or its successor

agency, shall be responsible for the administration of this

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

state that, to the greatest extent possible, the department

may enter into interagency or interlocal agreements with any

other state agency, water management district, or local

government conducting programs related to or materially

affecting the water resources of the state. All such

interageney agreements shall be subject to the provisions of

a. 373.046. In addition to its other powers and duties, the

department shall is aatherised:

(1) Te Conduct, independently or in cooperation with

other agencies, topographic surveys, research, and

investigations into all aspects of water use and water

quality.

(2) Be the central repository for all information

relating to water resources, and, to that end, Te collect,

compile, manage, and maintain and analyse, for its use by any

person and guidance in administering the water reseurse laws

ef this state, scientific and factual data from the United

States Geological Survey or any public or private concern.

All local governments, water management districts, and estate

ageneyi state agencies are directed to cooperate with the

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department or its agents in making available to it for this

purpose such scientific and factual data as they may have

generate or possess, as the department deems necessary. The

department is authorized to prescribe the format and ensure

quality control for all data collected or submitted. The

department shall take all necessary steps to insure that

water-related information and data generated by any public

body in this state is produced and maintained in a common

format which will maximize the utility of the information and

data to others. Additionally, the department shall annually

publish a bibliography of all water resource investigations

conducted in the state. The department shall coordinate all

groundwater research efforts in the state and collect such

information to develop a statewide groundwater data

information base.

(3) Te Cooperate with other state agencies, water

management districts, and regional, county, or other local

governmental organizations or agencies created for the purpose

of utilizing and conserving the waters in this state; te

assist such organizations and agencies in coordinating the use

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

knowledge, and data with such organizations and agencies. For

this purpose the department may maintain an advisory staff of

experts.

(4) To Prepare and provide for dissemination to the

public of current and useful information relating to the water

resources of the state.

(5) Continually Te identify by eantinuing study those

areas of the state where saltwater intrusion or groundwater

contamination is a threat to freshwater resources and annually

report its findings to the water management districts, boards

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of county commissioners, county health units, and the

Legislature public seneerned.

(6) eT Conduct, either independently or in cooperation

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

research, and experimentation and evaluation in the field of

weather modification.

(7) Te Exercise general supervisory authority over all

water management districts. The department may exercise any

power herein authorized to be exercised by a water management

district. The department shall review, and may rescind or

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

management district, except those policies, rules, or

regulations which involve only the internal management of the

district, to insure compliance with the provisions and

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

time either by the department or by an interested person

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

a request for such review with the department and serving a

copy on the water management district. Such request for

review Is not a precondition to the effectiveness of such

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

judicial review as otherwise provided.

(8)(a) Te Provide such coordination, cooperation, or

approval necessary to the effectuation of any plan or project

of the Federal Government in connection with or concerning the

waters in the state. Unless otherwise provided by state or

federal law, the department shall, subject to confirmation by

the Legislature, have the power to approve or disapprove such

federal plans or projects on behalf of the state.

(b) The department, subject to confirmation by the

Legislature, shall act on behalf of the state in the

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negotiation and consummation of any agreement or compact with

another state or other states concerning waters of the state.

(9)(a) To Hold annually a conference on water

resources developmental programs. Each agency, commission,

district, municipality, or political subdivision of the state

responsible for a specific water resources development program

requiring federal assistance shall present at such conference

its programs and projects and the needs thereof. Notice of

the time and place of the annual conference on water resources

developmental programs shall be extended by mail at least 30

days prior to the date of such conference to any person who

has filed a written request for notification with the

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.--


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(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

pesticides or persons wishing to register a restricted-use

pesticide for use in Florida shall apply to the department for

a special permit to conduct tests under field conditions in

Florida.

(3) The department is authorized to establish a

program for the field testing of restricted-use pesticides

before registration. The department shall consult with the

United States Environmental Protection Agency and the

Department of Environmental Regulation with respect to field

tests on restricted-use pesticides which are to be registered

in Florida.

(4) The Department of Environmental Regulation shall

review and comment on restricted-use pesticides registered at

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

for which application for registration has been made.

Further, the Department of Environmental Regulation may review

and comment on any restricted-use pesticide that may pose

unreasonably adverse effects on the environment. The
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Secretary of Environmental Regulation is defined as a

substantially interested person and may have standing under

chapter 120 in any proceeding conducted by the Department of

Agriculture and Consumer Services relating to the registration

of a pesticide under this chapter.

(5) Nothing in this section shall affect the authority

of the Department of Agriculture and Consumer Services to

administer the pesticide registration program under this

chapter or the authority of the Commissioner of Agriculture

and Consumer Services to approve the registration of a

pesticide.

PART III

GROUNDWATER MONITORING

Section 4. Section 403.063, Florida Statutes, is

created to read:

403.063 Groundwater quality monitoring.--

(1) The department, in cooperation with other state
agencies, water management districts, and local governments,

shall establish a groundwater quality monitoring network

designed to detect or predict contamination of the state's

groundwater resources.

(2) The department may, by rule, determine the

priority of sites to be monitored within such groundwater

quality monitoring network, based upon the following criteria:

(a) The degree of danger to the public health caused

or potentially caused by contamination.

(b) The susceptibility of each site to contamination.

(3) This information shall be made available to state

agencies and local governments to facilitate their regulatory

and land use planning decisions.


(4) The actual sampling and testing of groundwater

pursuant to the provisions of this section shall be conducted

by local and regional agencies.

Section 5. The Department of Environmental Regulation

shall implement a program to conduct regular and continuing

inspection of package sewage treatment facilities. To the

greatest extent possible, consistent with the abilities and

the financial resources of local governments, the inspection

program shall be delegated to local governments.

PART IV

WELL FIELD CONTAMINATION MITIGATION

Section 6. Section 403.855, Florida Statutes, is

amended to read:

403.855 Imminent hazards.--In coordination with the

Department of Health and Rehabilitative Services, the

department, upon receipt of information that a contaminant

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

private water supplies system may present an imminent and

substantial danger to the public health, may take such actions

as it may deem necessary in order to protect the public

health. Department actions shall which the department may

take include, but are not limited to:

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

(2) Issuing such corrective orders as may be necessary

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

such supplies systems, including travelers. An order issued

by the department under this section shall become effective

upon service of such order on the alleged violator,

notwithstanding the provisions of s. 403.860(3).


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(3) Establishing a program designed to prevent

contamination or to minimize the danger of contamination to

potable water supplies.

(4) Contracting for clinical tests on samples of the

affected population if the department determines there is a

real and immediate danger to the public health.

(15)J3 Commencing a civil action for appropriate

relief, including a restraining order or permanent or

temporary injunction.

PART V

ARTESIAN WELL PLUGGING

Section 7. Section 373.206, Florida Statutes, is

amended to read:

373.206 Artesian wells; flow regulated.--Every person,

stock company, association or corporation, county or

municipality owning or controlling the real estate upon which

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

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

valve capable of controlling the discharge from the well, and

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

shall be available as is necessary for ordinary use by the

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

personal use and on conducting his business. Upon the

determination by the Department of Environmental Regulation or

the appropriate water management district that the water in an

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

impact upon an aquifer which serves as a source of public

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

future, then such well HeweverV if the water in a well is se

highly mineralised er etherwise ef saeh peer quality that it

is ne longer a usable water espply7 as determined by the

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Department ef Environmental Regulatienr then it shall be

plugged in accordance with the department's or appropriate

water management district's specifications for well plugging.

Section 8. Section 373.207, Florida Statutes, is

created to read:

373.207 Abandoned artesian wells.--

(1) Each water management district shall develop a

work plan identifying the location of all abandoned artesian

wells within its jurisdictional boundaries and defining the

actions which the district must take in order to ensure that

each such well Is plugged on or before January 1, 1992. The

work plan shall include the following:

(a) An inventory, accounting for all abandoned

artesian wells in the district.

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

(c) The methodology proposed by the district to

accomplish the plugging of all abandoned wells within the

district on or before January 1, 1992.

(d) Data relating to costs to be incurred for the

plugging of all wells, including the per well cost and

personnel costs.

(e) A priority schedule of well plugging established

to mitigate damage to the groundwater resource due to water

quality degradation.

(2) Each water management district shall submit its

work plan to the Secretary of Environmental Regulation no

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

district shall submit an annual update of its work plan until

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

plugged, whichever is later.


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187-243-5-3 CS/CS/HB 1129, First Engrossed



1 (3) The water management districts shall adopt rules

2 governing the plugging of abandoned artesian wells. Such

3 rules shall include provisions to notify the owner of land

4 upon which the artesian well is located of the necessity for

5 plugging such well. If the owner fails to plug any such well

6 within a reasonable period of time after receiving such

7 notice, the water management district shall assume

8 responsibility for the pluggingA

9 (4) The Department of Environmental Regulation shall

10 review and approve all rules and work plans pertaining to the

11 plugging of abandoned artesian wells.

12 (5) The Department of Environmental Regulation shall

13 monitor and report the progress of the abandoned artesian well

14 plugging program to the Legislature annually.

15 (6) All moneys expended by a water management district

16 in order to plug an abandoned artesian well shall be returned

17 to the district by the Department of Environmental Regulation

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

19 the request for such moneys.

20 () After January 1, 1986, the owner of the land upon

21 which the artesian well is located shall be liable to the

22 Department of Environmental Regulation for all costs incurred

23 by the water management district and reimbursed by the state

24 in plugging such well. The owner of the land shall be billed

25 by the department for all costs incurred by the district in

26 plugging the well within 60 days of such plugging. Payment on

27 such bill shall be due within 60 days of the billing date. In

28 the event that such charges are not paid as and when due, any

29 unpaid balance thereof and all interest accruing thereon shall

30 be a lien on any parcel of property of the owner. Such lien

31 shall be coequal with the lien of all state, county, district,

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and municipal taxes, and superior in dignity to all other

liens, titles, and claims, until paid. In the event that any

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

shall be in default for 30 days or more, the unpaid balance

thereof and all interest accrued thereon, together with

attorney's fees and costs, may be recovered by the department ,

in a civil action, and any such lien and accrued interest may

be foreclosed or otherwise enforced by the department by

action or suit in equity as for the foreclosure of a mortgage

on real property. The rate of interest chargeable to the

owner of the land under this subsection shall be the same as

that charged by the department pursuant to s. 373.436(2).
PART VI

HAZARDOUS WASTE

Section 9. The Local Government Hazardous Waste

Management Program.--

(1) There is created, within the Department of

Environmental Regulation, the Local Government Hazardous Waste

Management Program. The program shall:

(a) Provide technical assistance to the governments of

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

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

subsection, respectively, in order to carry out the intent of

this act.

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

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

information gathered through the county hazardous waste

assessments, and other information from state and federal

regulatory agencies and sources. The state needs assessment

shall be ongoing and updated when new data concerning waste

generation and waste management technologies become available.
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CS/CS/HB 1129, First Engrossed 187-243-5-3


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

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

to the chairman of the State Hazardous Haste Facility Siting

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

intent of this act.

(2) The department shall contract for the operation of

this program.

Section 10. County hazardous waste assessments.--

(1) The Legislature recognizes the importance of

hazardous waste management programs at the local level. Local

programs assist the state in the overall management of

hazardous wastes by complementing the regulatory activities of

the Department of Environmental Regulation. In addition, the

Legislature recognizes that local programs enable the state to

better estimate the types and quantities of hazardous waste

generated. Local programs also identify current hazardous

waste management practices used by the generators in the

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

identification process, local programs enable the state to

recognize the needs of hazardous waste generators so that

responsible waste management practices are determined and

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

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

(2) Each county shall conduct a hazardous waste

assessment. The assessment shall identify:

(a) The generators of hazardous waste within the

county, including small quantity generators as defined

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

(b) The types and quantities of hazardous waste

generated within the county.



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(c) Current hazardous waste management practices of

generators within the county.

(d) Effective waste management strategies for

hazardous waste generators requiring offsite services,

including the identification of types of facilities needed to

serve the hazardous waste generators within the county.

(e) Abandoned dump sites.

(f) Operating procedures at sanitary landfills.

(3) In order to ensure that each county assessment is

properly prepared, and in order to ensure all information

gathered during the assessment is uniformly compiled and

documented, each county shall contact the Local Government

Hazardous Haste Management Program during the preparation of

the county assessment to receive technical assistance. Each

county shall follow procedures established by rule by the

Department of Environmental Regulation in order to properly

prepare these assessments. The procedures shall be adopted by

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

(4) The schedule for completion of county hazardous

waste assessments is as follows

(a) Brevard, Broward, Dade, Duval, Escambia,

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

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

(b) Alachua, Bay, Clay, Columbia, Gadsden, Gulf,

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

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

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

(c) Baker, Bradford, Calhoun, Charlotte, Citrus,

Collier, Desoto, Dixie, Flagler, Franklin, Gilchrist, Glades,

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


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CS/CS/HB 1129, First Engrossed 187-243-5-3


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

Wakulla, Walton, and Washington by July 1, 1986.

(5) Any county which undertakes and completes a

hazardous waste assessment prior to the scheduled completion

date shall receive a proportionate share out of the Local

Government Hazardous Waste Management Trust Fund according to

the schedule provided in subsection (4).

(6) Each county hazardous waste assessment shall be

updated on an annual basis in order to include newly

established businesses which produce hazardous waste.

(7) Preparation of the county hazardous waste

assessments shall not prevent the siting of storage or

treatment facilities in any area of the state.

(8) Any local government's ordinances, or regulations

pertaining to the subject of hazardous waste regulation shall

be consistent and no more or less restrictive than state rules

adopted under authority of this chapter.

Section 11. Small quantity generator notification

program.--

(1) Within 14 days after a county completes its

hazardous waste assessment, and on an annual basis thereafter,

the county shall send a letter to each small quantity

generator as defined pursuant to federal regulations in 40

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

(a) Detail the legal responsibilities of the small

quantity generator with regard to proper waste management

practices.

(b) Include a list of hazardous waste management

alternatives which are available to the small quantity

generator.



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(2) Within 30 days of receipt of the letter, each

small quantity generator identified in the county assessment

shall disclose to the county government the types and quantity

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

practices. Annually, each county shall verify the management

practices of at least 20 percent of the small quantity

generators. The procedure for verification used by the county

shall be developed by rule by the department within 6 months

of the effective date of this act. The Department of

Environmental Regulation may also verify small quantity

generators' management practices in order to ensure proper

management of hazardous waste.

(3) Any small quantity generator who does not comply

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

accordance with the provisions of a. 403.727, Florida

Statutes.

Section 12. Local government information sent to the

department.--A summary of information gathered during each

county's hazardous waste assessment and from the small

quantity generator notification program shall be sent to the

Department of Environmental Regulation within 30 days of

completion.

Section 13. The Local Government Hazardous Waste

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

proceeds.--

(1) There is created, within the Department of

Revenue, the Local Government Hazardous Waste Management Trust

Fund.

(2) An annual amount equal to 20 percent of the funds

available in the Water Quality Assurance Trust Fund shall be


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187-243-5-3 CS/CS/HB 1129, First Engrossed



1 deposited in the Local Government Hazardous Waste Management

2 Trust Fund.

3 (3) Moneys deposited in the Local Government Hazardous

4 Waste Management Trust Fund by this section shall be used to

5 pay each county in order to prepare its initial hazardous

6 waste assessment in accordance with the schedule provided in

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

8 formula to allocate the funds, by rule, based on the following

9 criteria:

10 (a) Total manufacturing employment within each county

11 jurisdiction: and

12 (b) Total population in each county jurisdiction.

13 Section 14. Section 376.115, Florida Statutes, is

14 created to read:

15 376.115 Water Quality Assurance Trust Fund; tax

16 imposed; administration, audit, collection and enforcement,

17 distribution of proceeds.--

18 (1)(a) There is hereby levied, to be collected from

19 and paid by each registrant, an excise tax upon each

20 registrant for the privilege of operating a terminal facility

21 and handling any pollutant covered by this chapter.

22 (b) The term "terminal facility," for the purposes of

23 this section, includes:

24 1. The definition contained in s. 376.031(9).

25 2. All airline, railroad, and truck facilities of any

26 kind located in this state, including pipelines, used for the

27 purpose of drilling for, pumping, storing,handling,

28 transferring, processing, manufacturing, or refining

29 pollutants, including facilities owned and operated by public

30 utilities and governmental agencies.


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CS/CS/HB 1129, First Engrossed


(2)(a) The excise tax rate shall be 4 cents per barrel

of pollutant transferred to or from the registrant. The

department is empowered to adjust the method of imposition to

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

each barrel, or equivalent measure, of pollutant.

(b) 1. The Department of Revenue shall suspend the

imposition of this tax during any fiscal year, including

fiscal 1983-84, in which actual tax collections during such

year exceed anticipated revenue.

2. For the purpose of this paragraph "anticipated

revenue" means $12.5 million for the 1983-84 fiscal year. For

the 1984-85 fiscal year, and any year thereafter, "anticipated

revenue" shall mean an amount equal to:

a. the previous fiscal year's actual collections,

b. multiplied by the sum of one plus the lesser of the

average change in appropriations from the state general

revenue fund for the three fiscal years prior to the year in

which the decision to suspend the tax is being contemplated,

or the decimal equivalent of 10 percent.

(3) For the purposes of this section, the excise tax

on each barrel of pollutant shall be imposed only once, at the

first transfer of each specific barrel of pollutant. This

excise tax shall be in addition to all other taxes imposed

upon or paid by the registrant.

(4) The excise tax imposed by this section shall be

collected on a monthly basis by the Department of Revenue.

However, any terminal facility which handles 250 barrels of

pollutants or less shall report and pay this excise tax

semiannually.

(5) The Department of Revenue shall administer this

excise tax as follows:
24

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CS/CS/HB 1129, First Engrossed


CS/CS/HB 1129, First Engrossed 187-243-5-3


(a) Except for the dealer collection allowance, the

same duties and privileges imposed by chapter 212 with respect

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

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

compliance with the rules of the Department of Revenue in the

administration of that chapter shall apply to and be binding

on all registrants who are subject to this section.

(b) Records indicating the amount of taxes collected

shall be confidential, as provided in s. 213.053.

(c) The Department of Revenue shall promulgate rules,

establish audit procedures for the audit of registrants under

this section, assess for delinquencies, and prescribe and

publish such forms as may be necessary to effectuate the

purposes of this section.

J6) All proceeds from the tax imposed by this section,

including any penalties and interest assessed, and earnings

realized from the investment of funds collected hereunder,

shall be deposited into a trust fund in the State Treasury

designated the "Water Quality Assurance Trust Fund," which

trust fund is hereby created.

Section 15. Sections 208.001, 208.002, 208.003,

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

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

Section 16. Sections 208.201, 208.202, 208.203,

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

to read:

208.201 Definitions.-When used in this chapter the

following terms shall have the meaning herein indicated:

(1) "Wholesale'dealer" means any person who sells

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

person other than the ultimate consumer of such chemical.

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(2) "Distributor" means any person who acts as an

agent for another person inside or outside this state by

receiving chemicals in interstate or intrastate commerce and

storing such chemicals subject to distribution or delivery

upon order from said principal to wholesale dealers or other

distributing agents wherever located.

(3) "Wholesale price" means the total price, including

charges for storing, packaging or repackaging, or delivery,

paid by any retail dealer or other similar person to a

wholesale dealer for any chemical.

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

(5)(a) "Chemical" means those substances which the

federal government has designated as hazardous, toxic, or

pollutants, according to lists appearing in, or promulgated

by, the following federal statutes or agency rules:

1. Section 102 of the Comprehensive Environmental

Response, Compensation, and Liability Act, 42 U.S.C. a. 9602.

2. Section 307(a) of the Federal Water Pollution

Control Act, 33 U.S.C. a. 13.17.

3. Section 311(b)(2)(A) of the Federal Water Pollution

Control Act. 33 U.S.C. a. 1321.

(b) The term "chemical" includes the following

substances:

1. Radionuclides.

2. The following categories of pesticides registered

for use in Florida by the state Department of Agriculture and

Consumer Services:

a. Restricted-use pesticides.

b. Persistent pesticides.

c. Pesticides which are both restricted-use and

persistent.

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CS/CS/HB 1129, First Engrossed 187-243-5-3


d. Restricted-by-label pesticides.

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

produces or processes chemicals for sale, distribution, or

transfer to a person other than the manufacturer.

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

manufacturer for a chemical, without any deductions for

transportation charges, handling charges, service charges, or

any other charge.

208.202 Tax levied on chemicals; rate imposed on

wholesale dealers; rate imposed on manufacturers; taxpayer

registration; certain consumers liable for tax.--

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

208.203 upon the wholesale price is imposed upon wholesale

dealers for the privilege of selling, transferring,

distributing, or storing for distribution any chemical in this

state.

(b) A tax at the rate provided pursuant to a. 208.203

upon the sales price is imposed upon manufacturers for the

privilege of selling, transferring, distributing or storing

for distribution any chemical.

(c) The tax levied hereunder shall be imposed only

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

manufacturer of such chemcial..

(d) In the event a taxable chemical is created.

manufactured, or imported into this state for further

processing or conversion into another taxable chemical, the

tax imposed by this chapter shall be collected from the

wholesale dealer, manufacturer, or consumer who first handles

or uses such chemical after creation, manufacture, or

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


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(e) Distributing agents shall not be liable for the

tax imposed by this chapter, except when such agent transfers

or sells any chemical directly to the person who consumes such

substance.

(2)(a) Every wholesale dealer or manufacturer

receiving, distributing, storing, transferring, or selling any

chemical shall be required to register with the department,

and remit the tax imposed by this chapter.

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

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

state producer or manufacturer, such consumer shall register

with the department, and shall be liable for paying and

remitting the tax imposed by this chapter.

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

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

dealers or manufacturers of chemicals.

208.203 Tax rate; annual adjustment; legislative

intent.--

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

estimate the total revenues which will be collected during

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

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

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

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

shall be computed as follows:

(a) The sum of $10 million shall be divided by the

amount of revenue estimated to be generated for the current

fiscal year.

(b) The resulting figure shall be multiplied by the

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

shall be imposed during the next fiscal year.
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CS/CS/HB 1129, First Engrossed










CS/CS/HB 1129, First Engrossed 187-243-5-3


(c) After computing the tax rate to be imposed for the

next fiscal year, the department shall notify each person who

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

rate.

(3) It is the intent of the Legislature that the

Department of Revenue shall annually revise the tax rate to be

imposed on taxable chemicals. This intent is based on the

necessity for ensuring that the tax rate does not generate

insufficient, or excessive, revenues.

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

(1) Chemicals manufactured or produced outside this

state and brought into this state only for transshipment out

of the United States, or manufactured or produced outside of

the United States and brought into this state for

transshipment out of this state, for sale in the ordinary

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

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

though the property is temporarily halted or stored within the

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

manufactured or produced outside this state and brought into

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

reached its final destination, which shall be evidenced by the

fact that the individual unit packaging device utilized in the

shipping of the specific chemical has not been opened except

for inspection or storage. However, chemicals transshipped

into this state and subjected in this state to a subsequent

manufacturing process or used in this state in the production

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

12) The manufacture of fertilizer raw materials and

components used therein is exempt from this chapter.



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208.205 Payment of tax; administrative provisions;

power of the department; audit procedure.--

(1) The department shall collect the tax imposed by

this chapter monthly based on the sale or transfer of

chemicals by wholesale dealers or manufacturers during the

prior month.

(2) Except for the collection allowance, the same

duties and privileges imposed by chapter 212 upon dealers of

tangible personal property respecting the remission of taxi

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

books, records, and accounts; enforcement and the compliance

with the rules of the department in the administration of

chapter 212 shall apply to and be binding on all wholesale

dealers or manufacturers who are subject to the provisions of

this chapter.

(3) The department shall keep records showing the

amount of taxes collected. These records shall be maintained

in the same manner with respect to confidentiality as provided

in s. 213.053.

(4) The department shall promulgate regulations,

establish audit procedures for the audit of wholesale dealers

or manufacturers, be authorized to assess for delinquency, and

prescribe and publish such forms as may be necessary to

effectuate the purposes of this chapter.

208.206 Distribution of revenues.--The revenues

collected from the tax imposed by this chapter, less the

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

the Hazardous Waste Management Trust Fund, which is created

pursuant to s. 403.725.

Section 17. Subsection (22) is added to section

215.22, Florida Statutes, to read:
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CS/CS/HB 1129, First Engrossed 187-243-5-3


215.22 Certain moneys and certain trust funds

enumerated.--The following described moneys and trust funds,

by whatever name designated, shall be those from which the

deductions authorized by s. 215.20 shall be made:

(22) All revenues deposited in the Hazardous Waste

Management Trust Fund created pursuant to s. 403.725.



The enumeration of the above moneys or trust funds shall not

prohibit the applicability thereto of a. 215.24 should the

Governor determine that for the reasons mentioned in e. 215.24

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

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

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

matching funds or contributions to any trust fund would be

lost to the state.

Section 18. Subsection (29) is added to section

403.061, Florida Statutes, 1982 Supplement, to reads

403.061 Department; powers and duties.--The department

shall have the power and the duty to control and prohibit

pollution of air and water in accordance with the law and

rules and regulations adopted and promulgated by it, and for

this purpose to:

i29) Establish rules to regulate the management of

underground storage tanks, including construction standards,

permitting of new tanks, maintenance and installation

standards, and removal or disposal standards for underground

storage tanks. The department shall coordinate with county

governments, the Department of Agriculture and Consumer

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

development of these rules. The department may delegate the

permitting functions defined by rule.
31

CODING, Weeds In *.k *elutgh ype ore Jdele.llns In *lting low; words mindrlleai. odd ihes.


Section 19. Subsection (18) of section 403.703,

Florida Statutes, is amended to read:

403.703 Definitions.--As used in this act:

(18) "Closure" means the cessation of operation of a

resource recovery and management facility, and the act of

securing such a facility so that it will pose no significant

threat to human health or the environment.

Section 20. Subsection (16) of section 403.704,

Florida Statutes, is amended to read:

403.704 Powers and duties of the department.--The

department shall have responsibility for the implementation

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

other powers and duties, the department shall:

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

administer, and enforce this act. However, whenever the

department adopts any rule stricter or more stringent than one

which has been set by the United States Environmental

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

shall be followed.7 previded7 ne department rule shall be mere

stringent than federal regulations promulgated pursuant te the

Reseuree Genservatien and Resevery Aet ef 19967 Pub, b N He

94-680s as amended, Heweverr the Envirenmental Regulation

GemmiseoenT pursuant to a finding ef eempelling need7 may

adept by rule a stricter standard than the federal regulatien-

Additienally upen a finding by the Envirenmental Regulatien

Gemmissien that a hasardeua waste net regulated by the United

States Envirenmental Preteetien Ageney peses an imminent

hazard to the public health7 eafetyr and welfare or to the

envirenmenty the Envirenmental Regulatien Gemmiseien may adept

a rule regulating sush hasardeus waste, in either eaeer the

Geverner and Sabinet shall review the rule and shall aeeeptr
32

CODINHG Words Is uo k lhol i ypo ame deletion Iem lxillii o lw; we**edJ ,ndtlined ** eddtleon.


1:t



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lst

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9.48

ist

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Its

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reeestr er modify the ruleT or remand the rule for further

preeeedlngeT within 60 days frem its submiseien, In either

eaeer sueh rules shall net be effective until final astien by

the Geverner and Gabinet) The department shall not, however,

adopt hazardous waste rules for solid waste for which special

studies are required under the Resource Conservation and

Recovery Act, as amended, until the data from the studies are

eempleted by the United States Environmental Protection Agency

or other studies by the State of Florida are and the

information is available to the department for consideration

in adopting its own rule and reasonably indicate that such

solid waste should be classified as a hazardous waste as

defined in s. 403.703(21).

Section 21. Paragraph (c) of subsection (1) of section

403.7045, Florida Statutes, 1982 Supplement, is amended to

read:

403.7045 Application of act and integration with other

acts.--

(1) The following wastes or activities shall not be

regulated pursuant to this act:

(c) Emissions to the air from a stationary

installation or source regulated under provisions of chapter

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

Section 22. Subsections (1) and (2) of section

403.707, Florida Statutes, 1982 Supplement, are amended to

read:

403.707 Permits.--

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

management facility or site shall be operated, maintained,

constructed, expanded, or modified, or closed without an



33

CODIHG: Words Il *. *li. dllw k eypel *.* .fldalns from existing low; words. va.d ind te*e ddlllons.


1.70

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1.72

P.73

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lit

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L:s

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10.8


appropriate and currently valid permit issued by the

department.

(2) Except as provided in a. 403.722(6), no permit

under this section shall be required for the following

activities, provided no public nuisance or any condition

adversely affecting the environment or public health is

created, and provided the activity does not violate other

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

orders:

(a) Disposal by persons of solid waste resulting from

their own activities on their own property. However, the

department may by rule require any such person to file a

written notification to the department of the type of solid

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

of solid waste management being performed.

(b) Normal farming operations.

(c) Solid waste disposal areas limited solely to the

disposal of construction and demolition debris.

Section 23. Subsections (9) and (10) of section

403.722, Florida Statutes, 1982 Supplement, are amended to

read:

403.722 Permits; hazardous waste disposal, storage,

and treatment facilities.--

(9) The department shall preeess permit applisatiens

pursuant te sa 1 a,609 It shall not be a requirement for the

issuance of permits sueh a permit that the facility complies

with an adopted local government comprehensive plan, local

land use ordinances, zoning ordinances or regulations, or

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

department shall not supersede override such adopted local


CODING: Welsi In *.*I dw*eihk type ore deletions from existing low; weods ad eind. re oddllles.


10.10



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government comprehensive plans, local land use ordinances,

zoning ordinances or regulations, or other local ordinances.

(10) Notwithstanding as. 120.60(2), 403.0876, and

403.815sT

ja~ The time specified by law for permit review shall

be tolled by the request of the department for publication of

notice of proposed agency action to issue a permit for a

hazardous waste treatment, storage, or disposal facility and

shall resume 45 days after receipt by the department of proof

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

notice of the proposed agency action, the department receives

written notice of opposition to the intention of the agency to

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

department shall provide for a hearing pursuant to a. 120.57,

if requested by a substantially affected party, or an informal

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

request a hearing within 45 days after publication of the

notice of the proposed agency action shall constitute a waiver

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

time period shall continue to be tolled until the completion

of such hearing or meeting and shall resume pureaent te the

time periods and telling previeene eof sr 1a,69.

(b) Within 60 days after receipt of an application for

a hazardous waste facility permit, the department shall

examine the application, notify the applicant of any apparent

errors or omissions and request any additional information the

department is permitted by law to require. Failure to correct

San error or omission or to supply additional information shall

Snot be grounds for denial of the permit unless the department

Timely notifies the applicant within the 60-day period, except

That the provisions of thisparagraph shall not prevent the
35

CODINGi Wotld In 4i(, 1 wlfu type are deletions Inom existing low; words osd. ln or ae oddielon*.


10.38 1

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12

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17

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At 23

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28

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31


department from denying an application if it does not possess

sufficient information to ensure that the facility is in

compliance with applicable statutes and rules.

(c) The department shall approve or deny every

hazardous waste facility permit within 135 days after receipt

of the original application or after receipt of the requested

additional information or correction of errors or omissions.

However, failure of the department to approve or deny within

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

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

inclusion of specific permit conditions which are necessary to

ensure compliance with applicable statutes and rules.

Section 24. Section 403.723, Florida Statutes, is

amended to read:

403.723 Siting of hazardous waste facilities.--

(1) The department, within 30 days of receipt of a

complete application for a hazardous waste facility

construction or modification permit, shall notify each unit of

local government within 3 miles of the proposed facility that

a permit application has been received and shall publish

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

the proposed facility, that a complete permit application has

been received.

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

hazardous waste facility permit from the department, the local

government'having jurisdiction over the proposed site shall,

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

proposed site is consistent and in compliance with adopted

local government comprehensive plans, local land use

ordinances, local zoning ordinances or regulations, and other

local ordinances in effect at the time a hazardous waste
36

CODING, Wordsln 4oLi inj*g Itpe are deleslons Irn lexlsting low; words a odlined lore ddieeos.


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facility construction or modification permit application is

made.

(3) If the local government determines within 90 days

of the request that construction or modification of the

facility does not comply with such plans, ordinances, or

regulations, the person requesting the determination may

request a variance from such plans, ordinances, or

regulations.

(4) If the variance requested by the applicant is

denied by local government or if there is no determination

made by local government pursuant to subsection (2) within 90

days of the request, or if there is no action on the variance

requested by the applicant within 90 days of the request for

the variance, the person requesting such determination or

variance may petition the Governor and Cabinet for a variance

from the local ordinances, regulations, or plans. The action

taken by a local government shall be identified within the

petition. In addition, within the petition, justifications

for approving facility development, based on the factors

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

However, before the Governor and Cabinet may overturn a local

government decision, the Hazardous Waste Facility Siting

Commission must, by a vote of the majority of a quorum

present, recommend a variance from any local ordinances,

regulations, or plans that would prohibit the siting of the

hazardous waste facilities. As used in this section, a quorum

means at least seven members of the commission.t but only if

the applicablee regional planning oeene1i1 by a vote ef a

majority ef the members present has previously reeemmended a

varianse frem any leeal erdinaneeer reg&latiensr or plane that

prehibit the siting of the hasardeus waste fae4lityr
37

CODING, Words in -.ek s.HIh type are deletions from listingg low; words dIelnlled aore ddtlions.


11.13 1

2

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5

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8
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13
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15
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22

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29

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(5)(a) If a person petitions the Governor and Cabinet

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

immediately notify the chairman of the commission.

(b) Within 7 days of receipt of such notification, the

chairman of the commission shall request the appointment of

the temporary members pursuant to a. 403.729(4). Within 14

days of notification, the appropriate governing bodies shall

select temporary members and notify the chairman of their

selections to the commission.

(c) Within 14 days after the temporary members have

been selected, the commission shall meet to review and

establish a timetable for the consideration of a proposed

facility. The timetable established shall conclude within 180

days, and within that period the commission shall issue a

recommended order to deny or approve the petitioner's request

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

(d) To issue a recommended order for a variance

pursuant to subsection (4), the commission shall conduct a

public hearing pursuant to e. 120.57. In addition to the

other notice requirements for such hearings provided for by

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

publication of notice for such hearing in a newspaper having

major circulation in the vicinity of the proposed facility.

The public notice shall

1. Contain a map indicating the location of the

proposed facility, a description of the proposed action, and

the location where the application may be reviewed and where

copies may be obtained.

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

public hearing in order to receive public testimony.


CODINGM Words In .srerek stlx type are deletlons Ifro existing low; words ..~| llead.roe dditletl .


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

of the public hearing.

le) The public hearing required by paragraph (d) shall

be held within 90 days from the date of notice.

16 ~5) The Hazardous Waste Facility Siting Commission

A regional planning eeuneil may recommend a variance from any

local ordinances, regulations, or plans only if a hazardous

waste permit application has been received issued by the

department and if the commission regional planning oeuneil

finds, based upon competent substantial evidence that clearly

and eenvinesngly establishes, that the facility:

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

hazardous waste facility needs assessment required by a.

AIl)Abl*
(b) Will be in the public interest.

icta) Will not have a significant adverse impact on

the environment and natural resources ef the region.

Jdt(b~ Will not have a significant adverse impact on

the economy ef the regain.

(effaa Does not pose a significant danger to the

public in the region due to transportation of hazardous waste

to or from the facility.

(fd)f Complies with adopted local and state resource

recovery and management programs.

J7(6) Onely If the Hazardous Waste Facility Siting

Commission issues a recommended order approving regional

planning seeneil reeemmends a variance from local ordinances,

regulations, or plans, or if the commission fails to render a

recommended order regional planning eeoune~ dees not take any

setien within 180 98 days pursuant to paragraph (L5)(c, the

request for sash reeemmendatiensT may the person requesting
39


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6

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CODING: Words In 4MAk t tkegh type are deletions from exitling law; words Jundlefied ae* additllns.


the recommendation may request a hearing from for varianee

petitien the Governor and Cabinet on the petition for a

variance from the local ordinances, regulations, or plans in

question. The Governor and Cabinet shall conduct such hearing

within 30 days of the request.

(81f?) The Governor and Cabinet shall consider the

following when determining whether to grant a petition for a

variance from local ordinances, regulations, or plans:

(a). The record of the proceeding before the Hazardous

Waste Facility Siting Commission and their recommendation

concerning the proposed facility regional planning eowne~l.

(b) The state hazardous waste facility needs

assessment required by s. 8(l)(b).

(cJi(b Such studies, reports, and information as the

Governor and Cabinet may request of the department, addressing

the feasibility of alternative methods of storage, treatment,

or disposal of the hazardous waste to be handled at the

proposed facility; the need for the hazardous waste facility

based on the amount of hazardous waste being produced in this

state; the availability of possible suitable locations for the

hazardous waste facility elsewhere in this state; and the

economics of transporting the hazardous waste to be disposed

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

alternative existing facilities in or out of this state.

(delte Such studies, reports, and information as the

Governor and Cabinet may request of the Department of Veteran

and Community Affairs addressing whether or not the facility

unreasonably interferes with the achievement of the goals and

objectives of any adopted state or local comprehensive plan

and any other matter within its jurisdiction. The Governor

and Cabinet may grant a variance from local ordinances,
40

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

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

convincing need for the facility. A clear and convincing need

for a facility is established if the proposed method of

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

handled at the proposed facility is the most feasible method

and if it seems probable that the proposed or existing

facility will be more advantageous economically to generators

of hazardous waste at the proposed site than at possible

alternative sites. The Governor and Cabinet may attach

conditions and restrictions to any variance granted pursuant

to this subsection.

9ljef) The Hazardous Waste Facility Siting Commission

Regional planning oeunesie and the Governor and Cabinet may

adopt rules of procedure that govern these proceedings.

Section 25. Paragraphs (1) and (3) of section 403.725,

Florida Statutes, are amended to read:

403.725 Hazardous Waste Management Trust Fund.--

(1) The purpose of this section is to create a method

to provide financial resources to abate or substantially

reduce an imminent hazard due to hazardous waste, to maintain

and monitor an area where hazardous waste has been disposed

of, to prevent damage from hazardous waste, to pay for all

provable property damages which are the proximate results of

hazardous wastes released into the environment after the

effective date of this act, and to pay for restoration of

areas damaged by hazardous waste from abandoned hazardous

waste sites. It shall be the responsibility of any person

claiming damages from this fund to provide the department with

documentation of the destruction to, or loss of, any real or

personal property. The claimant shall also provide the
41

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2

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17

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department with documentation that the damages were the direct

result of the release of hazardous waste into the environment.

This section shall be liberally construed to effect the

purposes set forth, such construction being especially

imperative due to the danger which hazardous waste poses to

human health, safety, and welfare; the environment; and

private and public property. The fund may be used as

described above for any site contaminated with hazardous

wastes as defined pursuant to this act, or contaminated with

any hazardous substance as defined in the Comprehensive

Environmental Response. Compensation, and Liability Act of

1980. Public Law 96-510. 94 Stat. 2767, or, which is or is

suspected to be carcinogenic, mutagenic, teratoqenic, or toxic

to human beings, or acutely toxic to indigenous species of

significance to the biological community affected by the

hazardous waste or substance, or which poses a serious danger

to the public health, safety, or welfare.

(3) Into the fund shall be deposited:

(a) Appropriations to the fund by the Legislature;

(b) Hazardous waste facility fees;

(c) Fines collected for violations of this act,

department rules, or permit conditions;

(d) Moneys collected from reimbursement requests and

actions;

(e) Grants, moneys, or gifts from public or private

agencies which are specifically designated to be deposited

into the fund for hazardous waste management; and

(f) Eeeise tan fees Chemical tax created in Section 15

of this act.

Section 26. Subsection (3) of section 403.727, Florida

Statutes, 1982 Supplement, is amended, subsection (4) is
42

CODING: Werds In a4L o b.l typel aore Idetla. ~I oi xitlng low; wods ynadtlianedu.Le addillnl.


12.79

12.80

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

said section, to read:

403.727 Violations; defenses, penalties, and

remedies.--

(3) Violations of the provisions of this act shall be

punishable as follows:

(a) Any person who violates the provisions of this

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

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

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

than $50,000 $aS7099 for each day of continued violation. The

department may revoke any permit issued to the violator.

(b) Any person who knowingly

1. Transports any hazardous waste listed pursuant to

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

403.722;

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

any place but a hazardous waste facility which has a current

and valid permit pursuant to a. 403.722; or

3. Makes any false statement or representation in any

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

document required by this act



shall, upon conviction, be guilty of a felony of the third

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

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

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

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

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

both upon the first eenvietiena be subject to a fine ef net

mere than as8e000 for eash day ef violation or to imprisonment

43

CODIHGi Words In 4oL s tke lug ype re *deletions front existing tow; words ndyilIna o.r additilos.


.3.16

iss

13.18

Lit

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.3.24



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1 not to exceed I year or beth7 andt upeo any subsequent

2 eenvietienT shall be subject to a fine of net mere than

3 509,009 per day ef violation or to imprisonment for net mere

4 than a years or both.

5 (4) In addition to any other liability under this

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

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

8 costs of removal or remedial action incurred by the department

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

10 or loss of natural resources, including the reasonable costs

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

12 the release of a hazardous substance as defined in the

13 Comprehensive Environmental Response Compensation and

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

15 (a) The owner and operator of a facility

16 (b) Any person who at the time of disposal of any

17 hazardous substance owned or operated any facility at which

18 such hazardous substances were disposed of;

19 (c) An person who by contract, agreement, or

20 otherwise arranged for disposal or treatment, or arranged with

21 a transporter for transport for disposal or treatment, of

22 hazardous substances owned or possessed by such person or by

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

24 by another party or entity and containing such hazardous

25 substances; and

26 (d) Any person who accepts or accepted any hazardous

27 substances for transport to disposal or treatment facilities

28 or sites selected by such person,

29

30

31


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causes the incurrence of response costs, of a hazardous

substance.

(5(4) 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

from a published tariff and acceptance for carriage by a

common carrier by rail, if the defendant establishes by a

preponderance of the evidence that:

1. The defendant exercised due care with respect to

the hazardous waste concerned, taking into consideration the

characteristics of such hazardous waste, in light of all

relevant facts and circumstances; and

2. The defendant took precautions against foreseeable

acts or omissions of any such third party and against the

consequences that could foreseeably result from such acts or

omissions.

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Section 27. Section 403.729, Florida Statutes, is

amended to read:

(Substantial rewording of section. See

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

403.729 State Hazardous Waste Facility Siting

Commission.--

(1) The State Hazardous Haste Facility Siting

Commission, hereinafter called the "commission," is created

within the Florida Land and Hater Adjudicatory Commission.

The commission shall report to the Governor and Cabinet.

(2) The commission shall consist of nine permanent

members to be appointed by the Governor. Initially, the

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

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

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

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

terms for these members. The terms of the members identified

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

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

time fill a vacancy for an unexpired term.

(3) The commission's permanent membership shall

consist of the followings

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

serve as chairman.

(b) A representative from an environmental group.

(c) A representative from the state university system

who is a chemist.

(d) A hazardous waste generator.

(e) A hazardous waste transporter.

(f) A hazardous waste facility operator.


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(g) The Secretary of Environmental Regulation, or his

or her designated representative.

(h) The Secretary of Health and Rehabilitative

Services, or his or her designated representative.

(1) The Secretary of Commerce, or his or her

designated representative.

(4) When the commission is considering recommending a

variance from local ordinances, regulations or plans to site a

hazardous waste storage or treatment facility pursuant to a.

403.723, four temporary voting members shall be appointed to

the commission. One of the temporary members shall be

appointed by the county wherein the proposed facility is to be

located, and another shall be appointed by the municipality

wherein such site is located. However, if the proposed

facility site is not located within a municipality, the county

shall appoint these two temporary members. The third

temporary member shall be the executive director of the

regional planning council wherein the proposed facility is to

be located, or his or her designated representative. The

fourth temporary member shall be a hydrologist designated by

the governing board of the water management district wherein

the proposed facility is to be located. These four additional

members shall serve on the commission only during discussion

and proceedings relating to the variance recommendation for a

proposed facility which the members were appointed to

consider, and shall vote only on questions relating to the

proposed facility. The four temporary members shall serve on

the commission until final action is taken on the

recommendation which the temporary members were appointed to

consider. Members of the commission identified in paragraphs

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


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(5) The Governor shall appoint an executive director

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

that staff from existing state agencies be used before

additional staff is hired, subject to the provisions of the

General Appropriations Act. Each agency shall cooperate with

the commission with respect to providing information necessary

to carry out the intent of this act.

(6) Members of the commission shall receive no

compensation, but may receive reimbursement for travel and per

diem expenses as provided in a. 112.061.

Section 28. Section 501.082, Florida Statutes, is

created to read:

501.082 Management of hazardous substances by

governmental agencies.--

(1) All local, state and other governmental agencies

and institutions of the State University System that utilize

hazardous substances or that generate hazardous waste shall:

(a) Notify the Department of Environmental Regulation

of the types of annual quantities of each hazardous material,

substance or waste that is used or generated.

(b) Notify the department of the management practice

used for their materials or wastes, including transportation,

storage, treatment and disposal.

(2) Each such agency shall develop written plans for

the management of hazardous materials, substances or wastes in

conjunction with guidelines developed by the department.

(3) Each such agency shall develop plans for spill

prevention control and countermeasures for hazardous materials

incidents.

Section 29. Siting of a multipurpose hazardous waste

facility by the state.--
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187-243-5-3 CS/CS/HB 1129, First Engrossed



1 (1) The Legislature recognizes the need for a

2 multipurpose facility in the state in order to properly manage

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

4 a "multipurpose hazardous waste facility" means a hazardous

5 waste management facility which stores or treats hazardous

6 waste. Therefore, the following procedure shall be used to

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

8 protect the public health, safety, and welfare.

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

10 act, the Department of Environmental Regulation shall develop

11 and adopt, pursuant to the provisions of chapter 120, Florida

12 Statutes, criteria for the siting of a multipurpose hazardous

13 waste facility in the state. Such criteria shall be designed

14 to prevent any significant adverse transportation, land use,

15 and economic impacts resulting from the location or operation

16 of this hazardous waste facility. The department shall seek

17 information from interested persons, including the waste

18 management industry, in order to properly develop and adopt

19 the criteria.

20 (3) Within 12 months after the effective date of this

21 act, the Hazardous Waste Facility Siting Commission, by a

22 majority vote of the quorum present as specified in s.

23 403.723(4), Florida Statutes, shall adopt, pursuant to the

24 provisions of chapter 120, Florida Statutes, a site

25 designation for a multipurpose hazardous waste facility in

26 accordance with the siting criteria developed pursuant to

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

28 facility shall be selected for areas of the state which

29 generate large volumes of hazardous waste. Selection of a

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

31 Preference shall be given by the commission to publicly owned
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land which meets the criteria established pursuant to

subsection (2).

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

act, the commission shall contract for the construction and

operation of the hazardous waste facility.

(5) Within 6 months of the selection by the commission

of the contractor to build and operate the facility, such

contractor shall file an application with the department

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

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

majority vote of the quorum present as specified in e.

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

within 30 days of the denial. This process shall continue

until a contractor is granted a permit by the department for

the construction and operation of a multipurpose hazardous

waste facility.

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

construction and operation of a multipurpose hazardous waste

facility, such contractor may begin construction immediately.

(7) The Governor and Cabinet shall have the right of

eminent domain for the purpose of acquiring title, easements,

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

necessary to acquire and take private property which is or may

be needed for the construction and operation of a multipurpose

hazardous waste facility pursuant to this section. The

procedure to condemn property or interest therein shall be

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

Florida Statutes.

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

operation of a multipurpose hazardous waste facility, state


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bonds shall be issued pursuant to s. 403.1834, Florida

Statutes.

Section 30. Prohibition of hazardous waste

landfills.--

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

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

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

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

(2) The Legislature declares that, due to the

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

future hazardous waste landfills shall be prohibited.

Therefore, the Department of Environmental Regulation shall

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

for a newly constructed hazardous waste landfill. However, if

by executive order, the Governor declares a hazardous waste

management emergency, the department may issue a permit for a

temporary hazardous waste landfill. Any such landfill shall

be used only until such time as an appropriate alternative

disposal method can be derived and implemented. In no event

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

without a further declaration from the Governor.

Section 31. A new section 768.131, Florida Statutes,

is created to reads

768.13 Hazardous spills, Good Samaritan, immunity from

liability.--

(1) For the purpose of this section:

(a) "Spill" shall include the accidental spilling,

leaking, pumping, pouring, emitting, or dumping of hazardous

wastes or materials, which creates an emergency hazardous

situation or is expected to create an emergency hazardous

situation.

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(b) "Hazardous materials" shall include all materials

and substances which are now designated or defined as

hazardous by Florida or federal law or by the rules or

regulations of Florida or any Federal Government agency.

(c) "Emergency hazardous situation" exists whenever

there is an imminent and substantial threat to public health

and safety.

(2) Notwithstanding any provision of the law to the

contrary, no person who provides assistance or advice in

immediately containing or treating or attempting to contain,

treat, or prevent an actual or threatened spill shall be

subject to civil liabilities or penalties of any type. Except

for the immediate response to the spill or threatened spill

all activities to prevent, contain, clean up, and dispose of

or attempting to prevent, contain, clean up, and dispose of

the hazardous materials shall be in accordance with applicable

state and federal law.

(3) The immunities provided in subsection (2) shall

not apply to any person:

(a) whose act or emission causes in whole or in part

such actual or threatened discharge and who would otherwise be

liable therefore; or

(b) who receives compensation other than reimbursement

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

assistance or advice; or

(c) who fails to act as an ordinary reasonably prudent

person would have acted under the same or similar

circumstances; or

(d) who fails to comply with the lawful instruction of

an on scene governmentally supervised operational emergency


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CS/CS/HB 1129, First Engrossed 187-243-5-3


response team whose duty is to prevent, contain or clean up

the spill.

(4) Nothing in subsection (2) shall be construed to

limit or otherwise affect the liability of

(a) any person for damages resulting from such

person's gross negligence, or from such person's reckless,

wanton, or intentional misconduct, or

(b) any person for the improper management of the

hazardous waste or material after the emergency spill response

activities are completed.

Section 32. Responsibilities of the department.--

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

present powers and responsibilities if the Department of

Environmental Regulation with regard to hazardous waste

management.

PART VII

EMERGENCY TRUST FUND

Section 33. Section 403.1655, Florida Statutes, is

created to read:

403.1655 Environmental Short-Term Emergency Trust

Fund.--

(1) It is the purpose of this section to provide a

mechanism through which the State of Florida could immediately

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

actual contamination of the groundwater. It is the intent of

the Legislature that the department provide not only technical

assistance when responding to these short-term emergencies,

but also financial resources to respond to emergencies which

pose an immediate environmental or public health threat.

(2) The Environmental Short-Term Emergency Trust Fund

is hereby established to be administered by the department.

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This fund shall be used for the immediate implementation of

operational and abatement procedures to mitigate air, water,

or land pollution.

(3) The department shall be the lead agency for

interdepartmental coordination relating to water pollution,

toxic substances and hazardous waste, and other environmental

and health emergencies not specifically designated within

other statutes.

(4) The Environmental Short-Term Emergency Trust Fund

shall be utilized to enable the department to respond on an

emergency basis to incidents which threaten the environment or

public health when otherwise responsible parties do not

adequately respond. The department shall adopt rules for the

purposes of this section.

(5) The following shall be deposited into the fund:

(a) Appropriations to the fund by the Legislature.

(b) Grant moneys, or gifts from public or private

agencies, which are specifically designated to be deposited

into the fund for emergency responses.

(6) Any and all interest accrued on moneys contained

within the trust fund shall be retained by the trust fund.

Section 34. Paragraph (f) is added to subsection (5)

of section 376.11, Florida Statutes, to read:

376.11 Florida Coastal Protection Trust Fund.--

(5) Moneys in the Florida Coastal Protection Trust

Fund shall be disbursed for the following purposes and no

others

(f) A one-time expenditure of $6 million to the

Environmental Short-Term Emergency Trust Fund created in a.

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CS/CS/IB 1129, First Engrossed 187-243-5-3


Section 35. There is hereby transferred from the

Florida Coastal Protection Trust Fund created in a. 376.11,

Florida Statutes, to the Environmental Short-Term Emergency

Trust Fund created in a. 403.1655(2), Florida Statutes, the

sum of $6 million.

PART VIII

SEPTIC TANKS

Section 36. Section 381.272, Florida Statutes, 1982

Supplement, is amended to read:

(Substantial rewording of section. See

a. 381.272, F.S., 1982 Supp., for present text.)

381.272 Onsite sewage disposal systems; installations;

conditions.--

(1) The Legislature declares that it is the policy of

this state to require that all onsite sewage disposal systems,

except approved onsite graywater systems, developed under the

provisions of this act connect to a publicly owned or

investor-owned sewerage system within 365 days after

notification that such a system is available. Where a

publicly owned or investor-owned sewerage system is not

available, the Department of Health and Rehabilitative

Services may issue permits for the construction or

installation of onsite sewage disposal systems under

conditions as described in this section. Provision shall be

made, such as the inclusion of sewer utility easements and

rights-of-way in a subdivision, to assure the eventual

construction and utilization of a sewerage system in said

subdivision. The developer of any lot that is developed under

the provisions of this section shall provide advance notice of

this requirement to the purchaser of such lot.


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(2) Subdivisions where each lot has a minimum area of

at least one-half acre and either a minimum dimension of 100

feet or a mean of at least 100 feet of the side bordering the

street and the distance formed by a line parallel to the side

bordering the street drawn between the two most distant points

of the remainder of the lot may be developed with a private

potable well and onsite sewage disposal system, provided the

projected daily domestic sewage flow does not exceed an

average of 1,500 gallons per acre, and provided satisfactory

drinking water can be obtained and all distance and setback,

soil condition, water table elevation, and other related

requirements of this section and rules promulgated hereunder

can be met.

(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) Notwithstanding the provisions of subparagraphs

(2) and (3), the Department of Health and Rehabilitative

Services may permit the temporary use of private potable wells

with on-site sewage disposal systems, when:

(a) The department receives satisfactory assurances

that in no case, will the average daily sewage flow exceed

2500 gallons on any acre;

(b) The department is assured that except for lot size

that all other provisions of this statute and rules

promulgated thereunder, including but not limited to
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requirements concerning soil conditions, water table

elevations, minimum distance and other set back requirements,

are met; and

(c) The department receives written notarized

commitments, enforceable by the department, from both a

regulated public utility and the developer or city and county,

that a central water or sewage system will be installed at a

time when the subdivision reaches an agreed upon density. The

density formula shall be designed to prohibit the degradation

of the ground and surface waters, pursuant to standards set

within Chapter 403, Florida Statutes. The written enforceable

commitment from the developer or other appropriate entity may

include whatever assurances the department deems necessary to

insure that a central water and sewage system is installed,

including but not limited to secured financial commitments or

requirements for performance bonds.

(5) 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.

(6) 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.

(7) 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.
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(8) 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

sewage treatment systems, considering soil conditions, water

table elevations, densities and setback requirements.

(9) The Department of Health and Rehabilitative

Services may adopt variances in hardship cases which may be

less restrictive than the provisions specified in this

section. No variance shall be granted pursuant to this

section until:

(a) The applicant affirmatively shows that the

hardship was not caused intentionally by the action of the

applicants

(b) The applicant affirmatively shows that no

reasonable alternative exists for the treatment of the sewage;

and

(c) The Department of Health and Rehabilitative

Services determines that discharge from the individual sewage

disposal system will not adversely affect the health of the

applicant or other members of the public or significantly

degrade the ground or surface waters. Where soil conditions,

water table elevation, and setback provisions are determined

by the department to be satisfactory, special consideration

shall be given to those lots platted prior to 1972. The

department shall appoint, within the jurisdictional boundaries

of each water management district, an advisory review variance


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board which shall meet monthly to recommend action on variance

requests. These boards shall be comprised of the followings

1. A representative from the Department of Health and

Rehabilitative Services' Health Program Office.

2. A representative from the county health unit.

3. A representative from the home building industry.

4. A representative from the septic tank industry, and

5. A representative from the Department of

Environmental Regulation.

Review group members shall be appointed for a period of three

years with such appointments being staggered so that no more

than two members' terms expire on any one year.

(d) The department may grant general variances

including conditions less restrictive than the provisions

specified in this section for all or portions of subdivisions,

municipalities, or counties when it determines that the

discharge from the installation of individual sewage disposal

systems will not adversely affect the health of the public or

significantly degrade the ground or surface waters of the

surrounding area for which the general variance is granted.

(10)(a) As used in this subsection:

1. "Blackwater" means all residential waste carried

off by toilet and kitchen drains and sewers.

2. "Graywater" means all residential waste not

described in subparagraph 1. and includes bath, lavatory, sink

(but not kitchen sink), and laundry wastes.

3. "Individual graywater disposal system" means a

system of piping, a tank or treatment device, and a subsurface

absorption bed or drainfield for handling and treating

graywater where blackwater is treated by a central sewerage

system.

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It

7.56



7.57


(b) The Department of Health and Rehabilitative

Services is authorized to approve on a limited and

experimental basis the installation of individual graywater

disposal systems.

(c) The general requirements of chapter 10D-6, Florida

Administrative Code, governing the installation of individual

sewage disposal facilities, shall apply for installation of

individual graywater disposal systems except for the

following:

1. The required septic tank or interceptor shall not

be less than 250 gallons in capacity.

2. The required drainfield or absorption bed shall not

be less than 100 square feet in area.

(11) With respect to the installation of experimental

onsite sewage disposal systems, the department is authorized

to issue a temporary permit, provided the permitholder

maintains such monitoring equipment and makes and files such

records and reports as the department deems necessary to

evaluate the effect of such systems on public health and

receiving waters. The department may issue permanent permits

when it is satisfied the systems do not pose a health hazard.

Section 37. Section 381.273, Florida Statutes, is

created to read:

381.273 Fees.--The Department of Health and

Rehabilitative Services is authorized to collect fees for

services provided under this part. Notwithstanding the

provisions of s. 154.06, it is the intent of the Legislature

that total fees assessed under this part shall be in an amount

sufficient to meet the cost of carrying out the provisions of

this part. The fee schedule for fiscal year 1983-1984 shall

be the following minimum fees provided in this section and
60

CODING: Wods In *smk itl iwg type re dletlens Irom existllng lw; w*rds. jdehsje re additlgms.


17.58



17.59



17.60



17.61

17.62



l:t

17.63

l:t

17.64

1:t

17.65

17.66



17.67



17.69

17.70

l:t

17.71

1:s

17.73

17.74



17.75

17.76

17.77

17.78


187-243-5-3


187-243-5-3


CS/CS/HB 1129, First Engrossed










187-243-5-3 CS/CS/HB 1129, First Engrossed



1 such schedule shall remain in effect until the effective date 17.79

2 of a fee schedule promulgated by rule by the Department of 7.80

3 Health and Rehabilitative Services:

4 (1) Permitting, including plan reviews, issuance of 17.83

5 permits, and final inspection of new system -- a fee of not

6 less than $30, nor more than $50. 7.84

7 () Site evaluation -- a fee of not less than $20, nor 18.1

8 more than $40. 8.3

9 (3) Research -- an additional $3 fee shall be added to Iit

10 each permit issued during fiscal years 1983-1988 to be used 8.5

11 for septic tank research to determine whether high density

12 installation of systems, installation of systems under certain 8.6

13 soil and water table conditions, and current methods of system 8.7

14 installation are polluting Florida's groundwater. The 8.8

15 research shall be supervised by the department.

16 (4) Accelerated soil survey -- An additional $7 fee 8.11

17 shall be added to each permit issued during fiscal years 1983-

18 1990 to be used to assist in funding the accelerated soil 8.12

19 survey program in the Department of Agriculture and Consumer

20 Services. 8.13

21 (5) Organic chemical compounds shall not be it

22 advertised, sold, or used in the state of Florida for the 8.15

23 purpose of decreasing or declogging onsite sewage disposal

24 systems. 8.16

25 Section 38. This act shall take effect July 1, 1983, 8.17

26 except that sections 13 and 15 of this act shall take effect

27 August 1, 1983.

28

29

30

31
61


CODINGs Wor.d In -storl olk type sr deletions I fre exislngl low; wo.ds wndijlld oer additiOons.




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