Florida Statutes Part IV - Resource Recovery And Management (Ss. 403.702-403.7721)

• 403.702 - Legislative Findings; Public Purpose.
  (1) In order to enhance the beauty and quality of our environment; conserve and recycle our natural resources; prevent the spread of disease and the creation...
• 403.703 - Definitions.
  As used in this part, the term:(1) “Ash residue” has the same meaning as in the department rule governing solid waste combustors which defines the term.(2) “Biomedical...
• 403.7031 - Limitations On Definitions Adopted By Local Ordinance.
  A county or a municipality shall not adopt by ordinance any definition that is inconsistent with the definitions in s. 403.703.History.—s. 9, ch. 93-207.
• 403.7032 - Recycling.
  (1) The Legislature finds that the failure or inability to economically recover material and energy resources from solid waste results in the unnecessary waste and depletion...
• 403.7033 - Departmental Analysis Of Particular Recyclable Materials.
  The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida’s ecology and economy. As such, the Department of...
• 403.704 - Powers And Duties Of The Department.
  The department shall have responsibility for the implementation and enforcement of this act. In addition to other powers and duties, the department shall:(1) Develop and implement,...
• 403.7043 - Compost Standards And Applications.
  (1) In order to protect the state’s land and water resources, compost produced, utilized, or disposed of by the composting process at solid waste management facilities...
• 403.7045 - Application Of Act And Integration With Other Acts.
  (1) The following wastes or activities shall not be regulated pursuant to this act:(a) Byproduct material, source material, and special nuclear material, the generation, transportation, disposal, storage,...
• 403.7046 - Regulation Of Recovered Materials.
  (1) Any person who handles, purchases, receives, recovers, sells, or is an end user of recovered materials shall annually certify to the department on forms provided...
• 403.7047 - Regulation Of Fossil Fuel Combustion Products.
  (1) As used in this section, the term:(a) “Beneficial use” means the use of fossil fuel combustion products in building products, and as substitutes for raw materials,...
• 403.7049 - Determination Of Full Cost For Solid Waste Management; Local Solid Waste Management Fees.
  (1) Each county and each municipality shall determine each year the full cost for solid waste management within the service area of the county or municipality....
• 403.705 - State Solid Waste Management Program.
  (1) The state solid waste management program shall:(a) Provide guidelines for the orderly storage, separation, processing, recovery, recycling, and disposal of solid waste throughout the state;(b) Encourage coordinated...
• 403.7055 - Methane Capture.
  (1) Each county is encouraged to form multicounty regional solutions to the capture and reuse or sale of methane gas from landfills and wastewater treatment facilities.(2) The...
• 403.706 - Local Government Solid Waste Responsibilities.
  (1) The governing body of a county has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs...
• 403.70605 - Solid Waste Collection Services In Competition With Private Companies.
  (1) SOLID WASTE COLLECTION SERVICES IN COMPETITION WITH PRIVATE COMPANIES.—(a) A local government that provides specific solid waste collection services in direct competition with a private company:1. Shall...
• 403.7061 - Requirements For Review Of New Waste-to-energy Facility Capacity By The Department Of Environmental Protection.
  (1) The Legislature recognizes the need to use an integrated approach to municipal solid waste management. Accordingly, the solid waste management legislation adopted in 1988 was...
• 403.70611 - Requirements Relating To Solid Waste Disposal Facility Permitting.
  Local government applicants for a permit to construct or expand a Class I landfill are encouraged to consider construction of a waste-to-energy facility as an...
• 403.7063 - Use Of Private Services In Solid Waste Management.
  In providing services or programs for solid waste management, local governments and state agencies should use the most cost-effective means for the provision of services...
• 403.7065 - Procurement Of Products Or Materials With Recycled Content.
  (1) Except as provided in 1s. 287.045, any state agency or agency of a political subdivision of the state which is using state funds, or any...
• 403.707 - Permits.
  (1) A solid waste management facility may not be operated, maintained, constructed, expanded, modified, or closed without an appropriate and currently valid permit issued by the...
• 403.7071 - Management Of Storm-generated Debris.
  Solid waste generated as a result of a storm event that is the subject of an emergency order issued by the department may be managed...
• 403.70715 - Research, Development, And Demonstration Permits.
  (1) The department may issue a research, development, and demonstration permit to the owner or operator of any solid waste management facility or hazardous waste management...
• 403.7072 - Citation Of Rule.
  In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application...
• 403.708 - Prohibition; Penalty.
  (1) A person may not:(a) Place or deposit any solid waste in or on the land or waters located within the state except in a manner approved...
• 403.709 - Solid Waste Management Trust Fund; Use Of Waste Tire Fees.
  There is created the Solid Waste Management Trust Fund, to be administered by the department.(1) From the annual revenues deposited in the trust fund, unless otherwise...
• 403.7095 - Solid Waste Management Grant Program.
  (1) The department shall develop a consolidated grant program for small counties having populations fewer than 100,000, with grants to be distributed equally among eligible counties....
• 403.712 - Revenue Bonds.
  (1) Revenue bonds payable from funds which result from the revenues derived from the operation of solid waste management facilities and from any revenues which may...
• 403.7125 - Financial Assurance.
  (1) Every owner or operator of a landfill is jointly and severally liable for the improper operation and closure of the landfill, as provided by law....
• 403.713 - Ownership And Control Of Solid Waste And Recovered Materials.
  (1) Nothing in this act or in any local act or ordinance shall be construed to limit the free flow of solid waste across municipal or...
• 403.714 - Duties Of State Agencies.
  (1) Each state agency, the judicial branch of state government, and the State University System shall:(a) Establish a program, in cooperation with the department and the Department...
• 403.7145 - Recycling.
  (1) The Capitol and the House and Senate office buildings constitute the Capitol recycling area. The Florida House of Representatives, the Florida Senate, and the Office...
• 403.715 - Certification Of Resource Recovery Or Recycling Equipment.
  For purposes of implementing the tax exemption provided by s. 212.08(7)(q), the department shall establish a system for the examination and certification of resource recovery...
• 403.716 - Training Of Operators Of Solid Waste Management And Other Facilities.
  (1) The department shall establish qualifications for, and encourage the development of training programs for, operators of landfills, coordinators of local recycling programs, and operators of...
• 403.717 - Waste Tire And Lead-acid Battery Requirements.
  (1) For purposes of this section and ss. 403.718 and 403.7185:(a) “Department” means the Department of Environmental Protection.(b) “Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck...
• 403.718 - Waste Tire Fees.
  (1) For the privilege of engaging in business, a fee for each new motor vehicle tire sold at retail, including those sold to any governmental entity,...
• 403.7185 - Lead-acid Battery Fees.
  (1) For the privilege of engaging in business, a fee for each new or remanufactured lead-acid battery sold at retail, including those sold to any governmental...
• 403.71851 - Electronic Recycling Grants.
  The Department of Environmental Protection is authorized to use funds from the Solid Waste Management Trust Fund as grants to Florida-based businesses with 5 or...
• 403.71852 - Collection Of Lead-containing Products.
  The Department of Environmental Protection is directed to work with the Department of Management Services to implement a pilot program to collect lead-containing products, including...
• 403.7186 - Environmentally Sound Management Of Mercury-containing Devices And Lamps.
  (1) DEFINITIONS.—For the purposes of this section, unless the context otherwise requires, the term:(a) “Department” means the Department of Environmental Protection.(b) “Mercury-containing device” means any electrical product, or...
• 403.7191 - Toxics In Packaging.
  (1) FINDINGS AND INTENT.—The Legislature finds that:(a) Managing solid waste poses a wide range of hazards to public health and safety and to the environment.(b) Packaging comprises a...
• 403.7192 - Batteries; Requirements For Consumer, Manufacturers, And Sellers; Penalties.
  (1) As used in this section, the term:(a) “Cell” means a galvanic or voltaic device weighing 25 pounds or less consisting of an enclosed or sealed container...
• 403.7193 - Environmental Representations.
  (1) Any person who represents in advertising or on the label or container of a consumer product that the consumer product that the person manufactures or...
• 403.72 - Identification, Listing, And Notification.
  (1) The department shall adopt rules which list hazardous wastes and identify their characteristics and shall establish procedures by which hazardous waste may be identified. The...
• 403.721 - Standards, Requirements, And Procedures For Generators And Transporters Of Hazardous Waste And Owners And Operators Of Hazardous Waste Facilities.
  (1) Persons who generate or transport hazardous waste, or who own or operate a hazardous waste facility, shall comply with the applicable standards, requirements, and procedures...
• 403.7211 - Hazardous Waste Facilities Managing Hazardous Wastes Generated Offsite; Federal Facilities Managing Hazardous Waste.
  (1) This section applies to facilities managing hazardous waste generated offsite. This section does not apply to manufacturers, power generators, or other industrial operations that have...
• 403.7215 - Tax On Gross Receipts Of Commercial Hazardous Waste Facilities.
  (1) The owner or operator of each privately owned, permitted, commercial hazardous waste transfer, storage, treatment, or disposal facility shall, on or before January 25 of...
• 403.722 - Permits; Hazardous Waste Disposal, Storage, And Treatment Facilities.
  (1) Each person who intends to or is required to construct, modify, operate, or close a hazardous waste disposal, storage, or treatment facility shall obtain a...
• 403.7222 - Prohibition Of Hazardous Waste Landfills.
  (1) As used in this section, the term “hazardous waste landfill” means a disposal facility or part of a facility at which hazardous waste that has...
• 403.7223 - Waste Elimination And Reduction Assistance Program.
  (1) The Legislature finds that the reduction of the volume and toxicity of hazardous waste generated in the state is the most environmentally, economically, and technically...
• 403.7225 - Local Hazardous Waste Management Assessments.
  (1) The Legislature recognizes that there is a need for identifying the amount, type, sources, and management of hazardous waste generated by small quantity generators in...
• 403.7226 - Technical Assistance By The Department.
  The department shall:(1) Provide technical assistance to county governments and regional planning councils to ensure consistency in implementing local hazardous waste management assessments as provided in...
• 403.723 - Siting Of Hazardous Waste Facilities.
  It is the intent of the Legislature to facilitate siting of proper hazardous waste storage facilities in each region and any additional storage, treatment, or...
• 403.7234 - Small Quantity Generator Notification And Verification Program.
  (1) Each county shall notify, according to guidelines established under s. 403.7226, each small quantity generator identified on its assessment roll, during the first year of...
• 403.7236 - Local Government Information To Be Sent To The Department.
  Each county shall transmit the following information to the department, according to guidelines established under s. 403.7226:(1) A summary of the information gathered during its local...
• 403.7238 - Expanded Local Hazardous Waste Management Programs.
  (1) The Legislature recognizes the need for increased participation by local governments in ensuring that small quantity generators are properly managing their hazardous waste and that...
• 403.724 - Financial Responsibility.
  (1) An owner or operator of a hazardous waste facility, as a prerequisite to the operation, closure, postclosure, or corrective action at a facility in the...
• 403.7255 - Placement Of Signs.
  (1) Signs must be placed by the owner or operator at any site in the state which is listed or proposed for listing on the Superfund...
• 403.726 - Abatement Of Imminent Hazard Caused By Hazardous Substance.
  (1) The Legislature finds that hazardous waste which has been improperly generated, transported, disposed of, stored, or treated may pose an imminent hazard to the public...
• 403.7264 - Amnesty Days For Purging Small Quantities Of Hazardous Wastes.
  Amnesty days are authorized by the state for the purpose of purging small quantities of hazardous waste, free of charge, from the possession of homeowners,...
• 403.7265 - Local Hazardous Waste Collection Program.
  (1) The Legislature recognizes the need for local governments to establish local hazardous waste management programs and local collection centers throughout the state. Local hazardous waste...
• 403.727 - Violations; Defenses, Penalties, And Remedies.
  (1) It is unlawful for any hazardous waste generator, transporter, or facility owner or operator to:(a) Fail to comply with the provisions of this act or departmental...
• 403.728 - Qualifications Of Operation Personnel Of Hazardous Waste Facilities.
  The owner and operator of a hazardous waste facility shall employ persons who are adequately trained, or who are registered in a training program, to...
• 403.73 - Trade Secrets; Confidentiality.
  Records, reports, or information obtained from any person under this part, unless otherwise provided by law, shall be available to the public, except upon a...
• 403.74 - Management Of Hazardous Materials By Governmental Agencies.
  (1) For the purposes of this section, “hazardous materials” are those substances which are:(a) Listed as constituents of waste streams F001, F002, F003, F004, and F005 in...
• 403.75 - Definitions Relating To Used Oil.
  As used in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, the term:(1) “Public used oil collection center” means:(a) Automotive service facilities...
• 403.751 - Prohibited Actions; Used Oil.
  (1)(a) No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which endangers the public health or welfare.(b) No person may...
• 403.753 - Public Educational Program About Collection And Recycling Of Used Oil.
  The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil and...
• 403.7531 - Notice By Retail Dealer.
  A retail dealer who annually sells directly to the public more than 500 gallons of oil in containers for use off-premises shall post in a...
• 403.754 - Registration Of Persons Transporting, Processing, Burning, Or Marketing Used Oil; Fees; Reports And Records.
  (1) The following persons shall register annually with the department pursuant to rules of the department on forms prescribed by it:(a) Used oil transporters and transfer facilities....
• 403.7545 - Regulation Of Used Oil As Hazardous Waste.
  Nothing in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall prohibit the department from regulating used oil in a...
• 403.757 - Coordination With Other State Agencies.
  (1) The department shall coordinate its activities and functions under ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, with the Department...
• 403.758 - Enforcement And Penalty.
  (1) Except as provided in subsection (2), the department may enforce ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, pursuant to...
• 403.759 - Disposition Of Fees, Fines, And Penalties.
  The proceeds from the registration fees, fines, and penalties imposed by ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall...
• 403.760 - Public Used Oil Collection Centers.
  (1) The department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize such...
• 403.761 - Incentives Program.
  (1) The department is authorized to establish an incentives program for individuals who change their own oil to encourage them to return their used oil to...
• 403.763 - Grants To Local Governments.
  (1) The department shall develop a grants program for local governments to encourage the collection, reuse, and proper disposal of used oil. No grant may be...
• 403.767 - Certification Of Used Oil Transporters.
  (1) Any person who transports over public highways more than 500 gallons annually of used oil must be a certified transporter. This subsection does not apply...
• 403.769 - Permits For Used Oil Processing And Rerefining Facilities.
  (1) Each person who intends to operate, modify, or close a used oil processing facility shall obtain an operation or closure permit from the department prior...
• 403.7721 - Rule Of Construction; Chs. 85-269 And 85-277.
  The provisions of chapters 85-269 and 85-277, Laws of Florida, shall be construed to supplement rather than to diminish or supersede the powers exercised by...

Last modified: September 23, 2016