Overview of The Florida Solid Waste Management Act of 19881
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:
effective January 1, 1989 - beverage containers with detachable metal ring or tab.
effective July 1, 1989 - separate plastic ring holding devices, unless degradable within 120 days.
effective January 1, 1990 - use by retail outlets of plastic bags not degradable within 120 days.
effective July 1, 1990 - plastic container products without resin labelling.
effective October 1, 1990 - containers or packing materials manufactured with fully halogenated chlorofluorocarbons.
polystyrene foam or plastic-coated paper products, used with food for human consumption, not degradable within 12 months.
Landfilling Prohibitions
The landfilling of certain items is also banned under the Act.
effective October 1, 1988 - used oil
effective January 1, 1989 - lead acid batteries
effective January 1, 1990 - white goods
effective January 1, 1992 - yard trash
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:
recycling
education
waste tires
small county base grants
litter
used oil
recycling program awards
private sector innovative technologies.
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:
development of information on recovered materials markets (Section 6)
management of grants program for recycling and solid waste management (Section 6)
adoption of rules for implementation of biohazardous and biological waste management program (Section 6)
establishment of standards for production of compost (Section 7)
yearly reports on status of the solid waste management program (Section 10)
certification of recycling equipment for tax exemption purposes (Section 23)
regulation of used oil as a hazardous waste under federal law requirements (Section 29)
coordinating use of recycled oil with other state agencies (Section 30)
enforcement of recycled oil regulation (Section 31)
establishment of incentive program for use of used oil collection center (Section 34)
development of grants program for collection and reuse of used oil (Section 35)
development of certification program for transporters of used oil (Section 36)
development of permit system for regulation of used oil recycling facilities (Section 37)
establishment of qualifications for operators of solid waste management facilities (Section 39)
establishment of training programs for operators of solid waste management facilities (Section 39)
adoption of rules for establishment of landfill management escrow account to fund closure of landfills (Section 40)
establishment of waste tire grant program for counties which establish a waste tire processing facility (Section 43)
implementation of demonstration projects for disposal of seafood processing byproducts in five coastal counties (Section 60)
issuing research, development and demonstration permits to solid waste management facilities (Section 80)
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:
methods and processes for recycling solid and hazardous wastes
methods of treatment for detoxifying hazardous wastes
technologies for disposing of solid and hazardous wastes.
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:
the county's public education program on recycling
the amounts of waste disposed by the following types: yard trash, white goods, clean debris, tires, and all other
amount and type of materials recovered for recycling
percentage of population participating in program
percent reduction in amount of waste disposed
description of recycling activities attempted, success rates, reasons for success or failure, evaluation of most successful ongoing activities
recycling programs in progress (first report 10/1/89).
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
Each local government is required to determine the full cost of waste management in its service area (not jurisdiction) by 10/1/89, or within one year after DER promulgates a rule. This cost should be updated annually.
By 10/1/89, and on an annual basis, counties and cities must inform each user of his/her share of the full cost incurred.
A private contractor may not be required by cities and counties to make these calculations or provide the information to the public, unless the franchisee agrees.
In addition to any other fees allowed or required by law, a county or city may levy fees for:
solid waste disposal, which may be based on any relevant factor
developing and implementing a recycling program for which the non ad-valorem process of Chapter 197 may be used.
A local government may provide grants, loans or other incentives to aid low-income persons.
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:
facilities permitted on or prior to 10/1/88
resource recovery and related on-site facilities.
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
DACS - Department of Agriculture and Consumer Services
DER - Department of Environmental Regulation
DGS - Department of General Services
FCSHWM - Florida Center for Solid and Hazardous Waste Management
FDC - Florida Department of Commerce
FDOR - Florida Department of Revenue
FDOT - Florida Department of Transportation
FHTIC - Florida High Technology Industry Council
FS - Florida Statutes
HRS - Department of Health and Rehabilitative Services
IFAS - Institute of Food and Agricultural Sciences
PRIDE - Prison Rehabilitative Industries and Diversified Enterprises
PSC - Florida Public Service Commission
SUS - State University System
SWMA - Solid Waste Management Act, Senate Bill No. 1192
Footnotes
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.
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
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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. Millie Ferrer-Chancy,
Interim Dean.
