Overview of The Florida Solid Waste Management Act of 1988
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Overview of The Florida Solid Waste Management Act of 1988

   

Overview of The Florida Solid Waste Management Act of 19881

Jonathan F.K. Earle, Roger A. Nordstedt and Marie S. Hammer2

A comprehensive Solid Waste Management Act (SWMA), Senate Bill No. 1192, was passed by the Florida Legislature and became effective on October 1, 1988. The SWMA is a major piece of environmental legislation which became a model for other solid waste legislation nationwide. The SWMA essentially amends Chapter 403, Florida Statutes (FS), the Environmental Control Statute, specifically Part IV, Resource Recovery and Management.

The SWMA Chapter 88-130, Laws of Florida, comprises a total of 84 Sections which through amendments, additions and deletions, provides the framework for the future management of solid waste in Florida. A fundamental provision of the Act is the establishment of the Department of Environmental Regulation (DER) as the agency with primary responsibility for developing the state program, adopting all regulations and standards, permitting facilities, and managing a number of grant programs.

SOME SWMA GENERAL PROVISIONS

Included in this section are some of the more general provisions of the SWMA. Other specific provisions are presented in later sections.

Recycling Program

In an effort to achieve stated reduction goals, each county must establish a recycling program by July 1, 1989. All construction and demolition debris, and most newspaper, aluminum cans, glass and bottles must be separated. Separation of plastics, other metal, other paper and yard trash is also encouraged.

Recycling/Reduction Goals

County solid waste management programs should be designed to achieve a reduction of 30% in the weight of solid waste being sent to landfills by December 31, 1994.

Full Cost Accounting

Effective October 1, 1989, each county and municipality must determine the full cost for solid waste management in its service area and advise users of their portion of this cost.

Sale Prohibitions

Under the SWMA, the sale of certain items is prohibited in the State of Florida:

Landfilling Prohibitions

The landfilling of certain items is also banned under the Act.

Landfill Operation

Effective January 1, 1990, persons who perform the duties of operator at a solid waste management facility should have completed a training course approved by the DER.

Solid Waste Management Trust Fund

The SWMA created a Trust Fund to assist counties and municipalities to comply with the requirements of the Act.

Grants and Awards

Eight new grants and awards programs were established by the Act and are funded through the Trust Fund. These are:

RESPONSIBILITIES OF STATE AGENCIES

Powers and Duties of DER

SWMA Section 6 amends Section 403.704, FS, to empower DER to enforce implementation of a solid waste management program and adoption of related rules. DER is also responsible for:

Other State Agencies Responsibilities

In addition to the DER, a number of other state agencies have been given responsibilities under the SWMA. These responsibilities are outlined in Sections 21, 45, 48, 49, 50, 51, 54, 55, 59, 61, and 83.

Florida Department of Revenue (FDOR)

FDOR has responsibility for collection of revenue under the SWMA and overseeing of the Solid Waste Management Trust Fund.

Florida Department of Commerce (FDC)

FDC is mandated in Section 21(2) of the SWMA to assist and encourage the recycling industry in the state.

Department of Education

In Section 21(5) of the SWMA, the Department of Education was mandated to develop, distribute and encourage the use of guidelines for the collection of recyclable materials and for the reduction of solid waste in the state education system.

Department of Agriculture and Consumer Services (DACS)

This department was mandated in Section 21 of the SWMA to investigate potential markets for composted materials.

Department of General Services (DGS)

DGS is mandated in Section 21 of SWMA to conduct the Capitol Pilot Program for waste reduction and recycling, and to cooperate with other state agencies in establishment of recycling programs in their buildings. DGS was also mandated in Section 48(1) to review and revise existing procurement procedures and specifications for the purchase of products with recycled content.

Florida High Technology Industry Council (FHTIC)

Section 45 of the SWMA mandates the FHTIC to develop research programs associated with designing and implementing recycling materials such as plastics, rubber, metal, glass, paper and other components of the Solid Waste Stream. Provision has been made in Section 44 of the SWMA for inclusion of recycling programs and development of high technology applications from recyclable materials in the Florida High Technology Industry Council.

Florida Department of Transportation (FDOT)

Section 49 of the SWMA mandates the FDOT to establish demonstration programs for use of recyclable materials such as waste rubber, incinerator ash, mixed plastic, and glass materials.

Florida Public Service Commission (FPSC)

In Section 54 of the SWMA the FPSC is mandated to establish rules relating to electric utility purchase of energy from solid waste management facilities.

Florida Board of Regents (FBOR)

Section 50 of the SWMA requires that State University System (SUS) projects related to solid and hazardous waste management should be coordinated by the Board of Regents. In this Section the Florida Center for Solid and Hazardous Waste Management (FCSHWM) was created. The FCSHWM is a SUS Type I research center for technology development, technology transfer, and information dissemination, which is directed to conduct research and provide technical assistance in the areas of:

Department of Health and Rehabilitative Services (HRS)

In Section 51 of the SWMA general provisions were included to direct HRS to adopt rules for the minimum sanitary practices relating to the segregation, handling, labeling, storage, treatment and disposal of biohazardous waste, as defined in Section 52.

Clean Florida Commission

A Clean Florida Commission was created within DOT by Section 55 of the SWMA with responsibility for coordinating a statewide litter prevention program in governmental agencies. In addition, the non-profit organization "Keep Florida Beautiful, Inc." was established to coordinate local community litter prevention programs.

Institute of Food and Agricultural Sciences (IFAS)

Section 59 of the SWMA directed implementation of a compost demonstration project in which IFAS was required to demonstrate feasibility of composting yard trash from a typical municipal solid waste stream with at least one project in Alachua County.

Section 61 of the SWMA creates and mandates IFAS to operate the Applications Demonstration Center for Resource Recovery from Solid Organic Materials to demonstrate and evaluate municipal solid waste and wastewater treatment while producing useful byproducts.

Prison Rehabilitative Industries andDiversified Enterprises (PRIDE)

Section 83 of the SWMA instructs PRIDE, a non-profit organization created pursuant to Section 946.504, FS, to examine the feasibility of establishing and operating statewide collection and processing facilities for used oil, waste tires, and plastics.

RESPONSIBILITIES OF LOCAL GOVERNMENTS

Solid Waste Management

Counties have been identified by the SWMA as having primary responsibility for solid waste management in Florida. Cities may not operate disposal facilities except under special circumstances, and hence interlocal agreements between cities and counties are required for effective management of the solid waste stream. Specific provisions relating to local government responsibilities are outlined in SWMA.

Reporting Requirements

Effective October 1, 1989, each county must report annually to DER on the progress made towards achievement of the recycling goals. This annual report should include:

Existing Resource Recovery Plans

Counties required to submit a resource recovery program shall revise such program to bring it into compliance with this new Act.

Other Entities with Waste Management Responsibilities

The requirements of this section shall apply to any special district or other entity which has previously been delegated waste management responsibilities. Such bodies are also eligible for any grants provided under the Act.

Full Cost Accounting

Flow Control/Operation of Facilities

Counties are responsible for provision and operation of solid waste disposal facilities.

Prohibition Against City-Owned Facilities

Cities may not operate disposal facilities unless approved by special act or interlocal agreement. Exceptions are:

Flow Control Across County Boundaries

Counties may regulate disposal at county facilities of waste generated outside the county.

Collection and Transportation in Cities

Cities are required to collect solid waste generated within their jurisdictions and transport such waste to the disposal facility designated by the county.

County Disposal Fees

Counties may charge reasonable disposal fees for the processing of wastes.

Scales at Disposal Facilities

Effective 7/1/89, scales must be installed at disposal facilities with a life expectancy greater than one year.

Operator Training

Effective 1/1/90, all persons responsible for operation of a solid waste management facility should have completed an appropriate training course approved by DER.

Landfill Management Escrow Account

Each landfill owner is required to establish an escrow account to provide for eventual closure of the landfill.

Recycling

Each county must initiate a recycling program by July 1, 1989, designed to achieve a 30 % reduction in the amount of waste disposed by 12/31/94.

Financial Assistance

The SWMA established six grant and two award programs to assist local governments in achieving solid waste management goals. All grants and awards are administered by the DER, except the litter grants, which are overseen by the Clean Florida Commission.

SUMMARY

An overview of the Solid Waste Management Act, Chapter 88-130, Laws of Florida, enacted by the 1988 Florida Legislature has been presented in this manuscript. Several of the more detailed provisions have been omitted from this summary in order to minimize the length of the manuscript. However, efforts have been made to include most of those provisions which impact on local government operations. Reference should be made to the actual language of the Act, where detailed information on specific provisions may be found.

REFERENCES

Florida Solid Waste Management Act of 1988. Chapter 88 - 130 Laws of Florida, SB 1192.

Florida Department of Environmental Regulation. 1989. Solid waste management in Florida, 1989 Annual Report. Division of Waste Management.

Earle, J.F.K. 1989. Anaerobic Bioconversion Volume I. Policy and Planning Manual. Cooperative Extension Service, University of Florida.

Earle, J.F.K. 1991. Significant Dates in the Florida Solid Waste Management Act of 1988. Cooperative Extension Service, University of Florida.

NOMENCLATURE

Footnotes

1. This document is BUL272, one of a series of the Agricultural and Biological Engineering Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida. Original publication date November 1991. Reviewed June 2003. Visit the EDIS Web Site at http://edis.ifas.ufl.edu.

2. Jonathan F.K. Earle, Assistant Professor and Extension Waste Management Specialist, Agricultural Engineering Department, Roger A. Nordstedt, Associate Professor, Agricultural Engineering Department, and Marie S. Hammer, Associate Professor and Extension Home Environment Specialist, Department of Home Economics, Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville FL 32611.

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.