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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
Chapter 403
View Entire Chapter
Section 403.7895, Florida Statutes 2004

403.7895  Requirements for the permitting and certification of commercial hazardous waste incinerators.--

(1)  LEGISLATIVE INTENT.--The Legislature finds that Florida should develop an integrated hazardous waste management program, with sufficient capacity to treat the hazardous waste generated within the state, or adequately deal with such waste through regional and national solutions. However, it is not in the state's best interest to develop excess capacity, which would be built at great expense and may have significant impacts on public health and safety and the environmental quality of the state. The state is experiencing a significant mercury contamination problem, which is posing a serious threat to public health and the environment. The long-term, cumulative impacts on public health and the environment have not been sufficiently evaluated for hazardous waste incinerator sites in this state. Technological developments and pollution prevention efforts are reducing the need for hazardous waste treatment capacity, and there is reported to be excess national commercial hazardous waste incinerator capacity, particularly in the southeastern United States. There may be sufficient capacity in existing state and national boilers and industrial furnaces which burn hazardous waste. Federal hazardous waste policies and regulations have recently changed, and are expected to continue to change, in ways which significantly impact the amounts of waste to be treated in the future. Therefore, it is the intent of the Legislature to establish additional permitting criteria for hazardous waste incinerators, to establish a need evaluation process for such incinerators, and to thoroughly study current and projected capacity needed to adequately treat hazardous waste generated in the state.

(2)  APPLICABILITY.--Notwithstanding the provisions of ss. 120.60(1), 403.722(10), and 403.78-403.7893, the requirements of this section shall apply to all applications for a commercial hazardous waste incinerator received by the department for which a permit or certification was not issued prior to May 12, 1993. For the purposes of this section, "commercial hazardous waste incinerator" means a hazardous waste incinerator which accepts waste generated offsite.


(a)  No commercial hazardous waste incinerator shall be permitted or certified in this state without a certification of need, issued by the Governor and Cabinet, sitting as the Statewide Multipurpose Hazardous Waste Facility Siting Board.

(b)  The board shall make a determination of the need for hazardous waste incinerators, based upon the best available evidence of existing and projected need and available capacity, as presented by the applicant, and as determined by the study required by subsection (5).

(c)  No hazardous waste incinerator shall be certified for capacity that is larger than that determined to be needed by the board.

(d)  The board shall not make a determination of need for any hazardous waste incinerator until the study required by subsection (5) is completed.

(4)  ADDITIONAL PERMITTING CONDITIONS.--The following additional requirements shall apply to the department's review of an application for a permit or certification for the construction of a commercial hazardous waste incinerator:

(a)  The department shall, in the review of an application for certification or a permit to construct a commercial hazardous waste incinerator, consider cumulative impacts upon human health and the environment which would result from toxic air emissions from stationary air pollution sources which are existing, under construction, or for which a permit, certification or determination of need by the Florida Public Service Commission has been sought, in the area in which the proposed facility is to be built. The department shall require the submission of information concerning cumulative health and environmental impacts in a permit or certification application.

(b)  The department shall require, as conditions in any permit or certification for the construction or operation of a commercial hazardous waste incinerator, that:

1.  The facility not knowingly accept for treatment by incineration wastes classified by the United States Environmental Protection Agency as containing organic mercury. The permit or certification shall establish procedures to ensure that wastes containing organic mercury are not accepted by the proposed facility, and that

2.  The facility shall be constructed with maximum achievable control technology (MACT) for control of mercury emissions.


(a)  The department shall conduct, by November 1, 1994, or the date by which phase 2 of the next capacity assurance plan must be submitted to the United States Environmental Protection Agency, whichever date occurs first, a comprehensive independent study of the current and future need for hazardous waste incineration in the state. The study shall evaluate the projected statewide capacity needs for a 20-year period. The study shall be updated at least every 5 years.

(b)  The department shall consult with state and nationally recognized experts in the field of hazardous waste management, including representatives from state and federal agencies, industry, local government, environmental groups, universities, and other interested parties.

(c)  The study components shall include but not be limited to the following:

1.  Existing and projected sources, amounts, and types of hazardous waste in the state for which incineration is an appropriate treatment alternative, taking into account all applicable federal regulations on the disposal, storage and treatment or definition of hazardous waste.

2.  Existing and projected hazardous waste incinerator capacity in the state and the nation.

3.  Existing and projected hazardous waste incineration capacity in boilers and industrial furnaces in the state and the nation.

4.  Existing and projected hazardous waste incineration needs, specifically taking into account the impacts of pollution prevention, recycling, and other waste reduction strategies.

5.  Any other impacts associated with construction of excess hazardous waste incineration capacity in this state.

(d)  Upon completion of the study, the department shall present its findings and make recommendations to the board and the Legislature regarding changes in state hazardous waste policies and management strategies. The recommendations shall address the advisability of establishing by statute the maximum capacity for hazardous waste incineration in this state.

History.--s. 57, ch. 93-207; s. 166, ch. 96-410; s. 37, ch. 97-98.

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