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Florida Solid and Hazardous Waste Regulation Handbook: Introduction1
Michael T. Olexa, Aaron Leviten, and Kelly Samek2Current solid and hazardous waste law is a maze of statutes, regulations, and potential liabilities. This handbook is designed to act as your guide and as a first step in helping you recognize which agricultural and household activities may involve solid and hazardous wastes. It also provides an introduction to the agencies and statutes that govern solid and hazardous waste disposal.
Solid and hazardous waste law is evolving rapidly as concern for the environment increases. Because the specific goals of current environmental statutes vary, the law as a whole can be very confusing. Legal definitions are provided where needed. Always check the glossary section for the definition of terms because statutes and regulations may define many words more broadly or narrowly than you might expect. For example, the statutory definition of solid waste includes solid materials as well as semi-solids, liquids, and even gases. Any word that is not defined or explained should be understood as everyday language.
Because of overlapping, unclear, and occasionally even contradictory waste management rules, this area of law is often difficult for both lawyers and laypersons to determine their exact rights and responsibilities. Persistence in attempting to understand the system is important, though, as penalties or liabilities for failure to comply, in some instances, may be quite substantial.
This work should not be considered the final word on any topic. Instead, use this handbook to determine when you might need to seek more information and as a brief directory of agencies which can help answer specific questions. State and federal agencies are the best sources for information. These agencies can provide more information on a topic, answer specific questions and often supply free literature.
Acknowledgments
The authors are indebted to the personnel of both state and federal agencies who gave their time and advice in the preparation of this handbook. The authors are also indebted to the following University of Florida personnel for a review and critique of the first draft of this publication: Dr. Thomas Dean, Pesticide Education Specialist, and Dr. Norman Nesheim, Pesticide Information Coordinator. Special recognition is also due to Mr. Richard Budell of the Office of Agricultural Water Policy of the Florida Department of Agriculture and Consumer Services for providing funds for the development of this handbook.This handbook is designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It should provide a basic overview of the many rights and responsibilities farmers and farmland owners have under Florida laws. The reader is provided information about these rights and responsibilities and the appropriate contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this publication is based are subject to constant revision, portions of this publication could become outdated at any time. Many details of cited laws are also left out due to space limitations.
This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice and the information contained herein should not be regarded or relied upon as a substitute for professional advice. It is not all-inclusive in providing information to achieve compliance with laws and regulations governing the practice of agriculture. For these reasons, the use of these materials by any person constitutes an agreement to hold harmless the authors, UF/IFAS, the Agricultural Law Center, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance upon the information contained in this publication.
Footnotes
1. This is EDIS document FE441, a publication of the Department of Food and Resource Economics, Florida Cooperative Extension Service, UF/IFAS, University of Florida, Gainesville, FL. Published December 2003. Please visit the EDIS website at http://edis.ifas.ufl.edu.2. Michael T. Olexa, Professor in the Department of Food and Resource Economics and Director of the Agricultural Law Center, Florida Cooperative Extension Service, UF/IFAS, University of Florida, Gainesville, FL, and Member of the Florida Bar and Chair of the Agricultural Law Committee of the Florida Bar; Aaron Leviten, Attorney in Orlando and guest lecturer on pesticide litigation at the University of Florida; and Kelly Samek, 2003 graduate of the Levin College of Law at the University of Florida.
The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other extension publications, contact your county Cooperative Extension service.
U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Larry Arrington, Dean.
Copyright Information
This document is copyrighted by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) for the people of the State of Florida. UF/IFAS retains all rights under all conventions, but permits free reproduction by all agents and offices of the Cooperative Extension Service and the people of the State of Florida. Permission is granted to others to use these materials in part or in full for educational purposes, provided that full credit is given to the UF/IFAS, citing the publication, its source, and date of publication.