Bill Text: FL S1764 | 2021 | Regular Session | Introduced


Bill Title: Recycling of Organic Waste Material

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-04-30 - Died in Environment and Natural Resources [S1764 Detail]

Download: Florida-2021-S1764-Introduced.html
       Florida Senate - 2021                                    SB 1764
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-01915-21                                           20211764__
    1                        A bill to be entitled                      
    2         An act relating to the recycling of organic waste
    3         material; amending s. 403.703, F.S.; defining terms;
    4         creating s. 403.7044, F.S.; requiring certain
    5         commercial waste generators and certain institutions
    6         of higher education, beginning on specified dates and
    7         under certain circumstances, to ensure that their
    8         organic waste materials are separated and recycled at
    9         specified recycling facilities; providing an exception
   10         for commercial waste generators or institutions of
   11         higher education that perform composting of or treat
   12         organic waste material onsite; amending s. 403.707,
   13         F.S.; conforming cross-references; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsections (1) through (5), (6) through
   19  (22), and (23) through (47) of section 403.703, Florida
   20  Statutes, are redesignated as subsections (2) through (6), (10)
   21  through (26), and (28) through (52), respectively, new
   22  subsections (1), (7), (8), (9), and (27) are added to that
   23  section, and present subsection (35) is amended, to read:
   24         403.703 Definitions.—As used in this part, the term:
   25         (1) “Anaerobic digestion” means the process by which
   26  biological decomposition of organic products is carried out
   27  under controlled anaerobic conditions, which stabilizes the
   28  organic fraction into a material that can be easily and safely
   29  stored, handled, and used in an environmentally acceptable
   30  manner.
   31         (7)“Commercial waste generator” means any commercial food
   32  wholesaler or distributor, industrial food manufacturer or
   33  processor, supermarket, resort or conference center, banquet
   34  hall, restaurant, religious institution, military installation,
   35  prison, corporation, hospital or other medical care institution,
   36  or casino.
   37         (8)“Composting” means the process by which biological
   38  decomposition of organic solid waste is carried out under
   39  controlled aerobic conditions, which stabilizes the organic
   40  fraction into a material that can be easily and safely stored,
   41  handled, and used in an environmentally acceptable manner. The
   42  presence of anaerobic zones within the composting material does
   43  not affect the classification of the process as composting.
   44         (9)“Composting facility” means a solid waste management
   45  facility where solid waste is processed using composting
   46  technology, which may include physical turning, windrowing,
   47  aeration, or other mechanical handling of the organic matter.
   48         (27)“Organic waste material” means the portion of the
   49  solid waste stream which is organic material, including, but not
   50  limited to, food scraps, food processing residue, and soiled or
   51  unrecyclable paper that has been separated from nonorganic
   52  material.
   53         (40)(35) “Solid waste” means sludge unregulated under the
   54  federal Clean Water Act or Clean Air Act, sludge from a waste
   55  treatment works, water supply treatment plant, or air pollution
   56  control facility, or garbage, rubbish, refuse, special waste, or
   57  other discarded material, including solid, liquid, semisolid, or
   58  contained gaseous material resulting from domestic, industrial,
   59  commercial, mining, agricultural, or governmental operations.
   60  Post-use polymers as defined in subsection (29) and recovered
   61  materials as defined in subsection (33) (28) and post-use
   62  polymers as defined in subsection (24) are not solid waste.
   63         Section 2. Section 403.7044, Florida Statutes, is created
   64  to read:
   65         403.7044 Required recycling of organic waste material.—
   66         (1)Any commercial waste generator or institution of higher
   67  education at which organic waste material is generated shall:
   68         (a)Beginning January 1, 2022, ensure that such material
   69  generated onsite is separated from other solid waste material
   70  and recycled at a composting facility or a facility that uses
   71  anaerobic digestion if:
   72         1.The commercial waste generator or institution generates
   73  more than 104 tons per year of organic waste material;
   74         2.The commercial waste generator or institution is located
   75  within 15 miles of the facility; and
   76         3.The facility has available capacity to accept such
   77  material.
   78         (b)Beginning January 1, 2024, ensure that such material
   79  generated onsite is separated from other solid waste material
   80  and recycled at a composting facility or a facility that uses
   81  anaerobic digestion if:
   82         1.The commercial waste generator or institution generates
   83  more than 52 tons per year of organic waste material;
   84         2.The commercial waste generator or institution is located
   85  within 15 miles of the facility; and
   86         3.The facility has available capacity to accept such
   87  material.
   88         (2)This section does not apply to a commercial waste
   89  generator or institution of higher education that performs
   90  composting of organic waste material onsite or treats organic
   91  waste material onsite using organic treatment equipment
   92  authorized by state or federal law.
   93         Section 3. Paragraph (j) of subsection (9) of section
   94  403.707, Florida Statutes, is amended to read:
   95         403.707 Permits.—
   96         (9) The department shall establish a separate category for
   97  solid waste management facilities that accept only construction
   98  and demolition debris for disposal or recycling. The department
   99  shall establish a reasonable schedule for existing facilities to
  100  comply with this section to avoid undue hardship to such
  101  facilities. However, a permitted solid waste disposal unit that
  102  receives a significant amount of waste prior to the compliance
  103  deadline established in this schedule shall not be required to
  104  be retrofitted with liners or leachate control systems.
  105         (j) The Legislature recognizes that recycling, waste
  106  reduction, and resource recovery are important aspects of an
  107  integrated solid waste management program and as such are
  108  necessary to protect the public health and the environment. If
  109  necessary to promote such an integrated program, the county may
  110  determine, after providing notice and an opportunity for a
  111  hearing prior to April 30, 2008, that some or all of the
  112  material described in s. 403.703 s. 403.703(6)(b) shall be
  113  excluded from the definition of “construction and demolition
  114  debris” in s. 403.703 s. 403.703(6) within the jurisdiction of
  115  such county. The county may make such a determination only if it
  116  finds that, prior to June 1, 2007, the county has established an
  117  adequate method for the use or recycling of such wood material
  118  at an existing or proposed solid waste management facility that
  119  is permitted or authorized by the department on June 1, 2007.
  120  The county is not required to hold a hearing if the county
  121  represents that it previously has held a hearing for such
  122  purpose, or if the county represents that it previously has held
  123  a public meeting or hearing that authorized such method for the
  124  use or recycling of trash or other nonputrescible waste
  125  materials and that such materials include those materials
  126  described in s. 403.703 s. 403.703(6)(b). The county shall
  127  provide written notice of its determination to the department by
  128  no later than April 30, 2008; thereafter, the materials
  129  described in s. 403.703 s. 403.703(6) shall be excluded from the
  130  definition of “construction and demolition debris” in s. 403.703
  131  s. 403.703(6) within the jurisdiction of such county. The county
  132  may withdraw or revoke its determination at any time by
  133  providing written notice to the department.
  134         Section 4. This act shall take effect July 1, 2021.

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