Bill Text: FL H0569 | 2010 | Regular Session | Engrossed

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Bill Title: Solid Waste Disposal [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-07-19 - Veto Message received -HJ 00009; Veto Message referred to Rules and Calendar Council -HJ 00016 [H0569 Detail]

Download: Florida-2010-H0569-Engrossed.html

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CS/HB 569

1	A bill to be entitled
2	An act relating to solid waste disposal; amending s.
3	403.708, F.S.; authorizing the disposal of yard trash at a
4	Class I landfill if the landfill has a system for
5	collecting landfill gas and arranging for the reuse of the
6	gas; requiring the Department of Environmental Protection
7	to develop and adopt a methodology to award recycling
8	credit for such use; requiring the landfill to obtain a
9	minor permit modification to its operating permit before
10	receiving yard trash; specifying which entities of local
11	government may accept incidental amounts of yard trash at
12	a landfill; providing applicability; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Paragraph (c) of subsection (12) of section
18	403.708, Florida Statutes, is amended to read:
19	403.708 Prohibition; penalty.-
20	(12) A person who knows or should know of the nature of
21	the following types of solid waste may not dispose of such solid
22	waste in landfills:
23	(c)1. Yard trash in lined landfills classified by
24	department rule as Class I landfills, unless the Class I
25	landfill uses an active gas-collection system to collect
26	landfill gas generated at the disposal facility and provides or
27	arranges for a beneficial use of the gas. A Class I landfill may
28	also accept yard trash for the purpose of mulching and using the
29	yard trash to provide landfill cover for municipal solid waste
30	disposed at the landfill. The department shall, by rule, develop
31	and adopt a methodology to award recycling credit for the use or
32	disposal of yard trash at a Class I landfill having a gas-
33	collection system that makes beneficial use of the collected
34	landfill gas. A qualifying permitted Class I landfill must
35	obtain a minor permit modification to its operating permit which
36	describes the beneficial use being made of the landfill gas and
37	modifies the facility's operation plan before receiving yard
38	trash as authorized under this subparagraph. The permittee must
39	certify that gas collection and beneficial use will continue
40	after closure of the disposal facility that is accepting yard
41	trash. If the landfill is located in a county that owns and
42	operates a compost facility, waste-to-energy facility, or
43	biomass facility that sells renewable energy to a public utility
44	and that is authorized to accept yard trash, the department
45	shall provide the county with notice of, and opportunity to
46	comment on, the application for permit modification.
47	2. Yard trash that is source separated from solid waste
48	may be accepted at a solid waste disposal area if where separate
49	yard trash composting facilities are provided and maintained.
50	The department recognizes that incidental amounts of yard trash
51	may be disposed of in Class I landfills. In any enforcement
52	action taken pursuant to this paragraph, the department shall
53	consider the difficulty of removing incidental amounts of yard
54	trash from a mixed solid waste stream. This limited exception
55	applies in all units of local government, including, but not
56	limited to, municipalities, counties, and special districts.
57	However, the exception does not apply to a county that currently
58	operates under a constitutional home rule charter authorized in
59	1956 in a statewide referendum. The limited exception to the ban
60	on disposing of yard trash in a Class I landfill is not intended
61	to have a material impact on current operations at existing
62	waste-to-energy or biomass facilities.
63	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.