January 21, 2021
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The Florida Statutes

The 2006 Florida Statutes

Title XXIX
Chapter 403
View Entire Chapter
Section 403.788, Florida Statutes 2006

403.788  Final disposition of application.--

(1)  For the purposes of issuing a final order, the board shall serve as the agency head. Within 45 days after receipt of the administrative law judge's recommended order, the board shall issue a final order as provided by s. 120.57(1)(l), approving the application in whole, approving the application with such modifications or conditions as the board deems appropriate, or denying the issuance of a certification and stating the reasons for issuance or denial.

(2)  In regard to the properties and works of any agency which is a party to the certification hearing, the board shall have the authority to decide issues relating to the use thereof, the connection thereto, or the crossing thereof for the project and to direct such state agency to execute, within 30 days of the entry of certification, the necessary license or easement for such use, connection, or crossing, subject only to the conditions set forth in such certification.

(3)  If certification is denied, the board shall set forth in writing the action the applicant would have to take to secure the approval of the application by the board.

(4)  In determining whether an application shall be approved in whole, approved with modifications or conditions, or denied, the board shall consider whether, and the extent to which, the proposed project will:

(a)  Ensure adequate capacity for treatment, storage, and disposal of hazardous wastes generated in the state;

(b)  Meet the hazardous waste treatment, storage, and disposal needs of the state in an orderly and timely fashion;

(c)  Comply with the nonprocedural standards of s. 403.722 pertaining to permitting of hazardous waste facilities;

(d)  Comply with applicable nonprocedural requirements of affected agencies;

(e)  Be consistent with applicable siting criteria.

(5)  Any project certified by the board shall meet the criteria of this section.

(6)  The issuance or denial of the certification by the board shall be final agency action. Proceedings under this act shall be subject only to judicial review as provided in s. 120.68.

History.--s. 4, ch. 89-285; s. 165, ch. 96-410; s. 39, ch. 2000-153.

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