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

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
CS/HB 569
A bill to be entitled
2An act relating to solid waste disposal; amending s.
3403.708, F.S.; authorizing the disposal of yard trash at a
4Class I landfill if the landfill has a system for
5collecting landfill gas and arranging for the reuse of the
6gas; requiring the Department of Environmental Protection
7to develop and adopt a methodology to award recycling
8credit for such use; requiring the landfill to obtain a
9minor permit modification to its operating permit before
10receiving yard trash; specifying which entities of local
11government may accept incidental amounts of yard trash at
12a landfill; providing applicability; providing an
13effective date.
15Be It Enacted by the Legislature of the State of Florida:
17 Section 1. Paragraph (c) of subsection (12) of section
18403.708, Florida Statutes, is amended to read:
19 403.708 Prohibition; penalty.-
20 (12) A person who knows or should know of the nature of
21the following types of solid waste may not dispose of such solid
22waste in landfills:
23 (c)1. Yard trash in lined landfills classified by
24department rule as Class I landfills, unless the Class I
25landfill uses an active gas-collection system to collect
26landfill gas generated at the disposal facility and provides or
27arranges for a beneficial use of the gas. A Class I landfill may
28also accept yard trash for the purpose of mulching and using the
29yard trash to provide landfill cover for municipal solid waste
30disposed at the landfill. The department shall, by rule, develop
31and adopt a methodology to award recycling credit for the use or
32disposal of yard trash at a Class I landfill having a gas-
33collection system that makes beneficial use of the collected
34landfill gas. A qualifying permitted Class I landfill must
35obtain a minor permit modification to its operating permit which
36describes the beneficial use being made of the landfill gas and
37modifies the facility's operation plan before receiving yard
38trash as authorized under this subparagraph. The permittee must
39certify that gas collection and beneficial use will continue
40after closure of the disposal facility that is accepting yard
41trash. If the landfill is located in a county that owns and
42operates a compost facility, waste-to-energy facility, or
43biomass facility that sells renewable energy to a public utility
44and that is authorized to accept yard trash, the department
45shall provide the county with notice of, and opportunity to
46comment on, the application for permit modification.
47 2. Yard trash that is source separated from solid waste
48may be accepted at a solid waste disposal area if where separate
49yard trash composting facilities are provided and maintained.
50The department recognizes that incidental amounts of yard trash
51may be disposed of in Class I landfills. In any enforcement
52action taken pursuant to this paragraph, the department shall
53consider the difficulty of removing incidental amounts of yard
54trash from a mixed solid waste stream. This limited exception
55applies in all units of local government, including, but not
56limited to, municipalities, counties, and special districts.
57However, the exception does not apply to a county that currently
58operates under a constitutional home rule charter authorized in
591956 in a statewide referendum. The limited exception to the ban
60on disposing of yard trash in a Class I landfill is not intended
61to have a material impact on current operations at existing
62waste-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.