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Publication #FE772

The Florida Agricultural Handbook of Solid and Hazardous Waste Regulation: State Regulation1

Michael T. Olexa and Ian Goldfarb2

Legal overview

State law is similar to federal law. It consists of the same two parts: statutes and the administrative rules (also referred to as administrative regulations). In addition to federal regulations, the management of solid and hazardous waste is also regulated under state law, including

  • mechanical wastes associated with the maintenance of machinery, equipment, and boats;

  • chemical wastes, particularly pesticides, and common household chemical and hazardous wastes;

  • underground storage tanks;

  • biological wastes, primarily the disposal of animal carcasses and by-products;

  • composting;

  • residuals (sludge), including the restrictions on application to agricultural land;

  • on-site sewage disposal.

Does federal law or state law take precedence?

If there is federal law on an issue, that law sets a minimum standard that always applies. State law may be stricter than federal law. Local governments may have even stricter rules than the state. In a few cases, the state may decide not to allow local governments to be stricter by passing a statute that explicitly prevents the local governments from making and enforcing regulations which are stricter than those of the state.

How are state government actions restricted?

To be sure that agencies deal fairly with you, Florida has passed laws that restrict the power of the state government. Three of these laws are

  1. The Florida Administrative Procedure Act;

  2. The Florida Sunshine Law;

  3. The Florida Public Records Law.

How do I tell my side of the story?

The Florida Administrative Procedure Act (Chapter 120, Florida Statutes) establishes your procedural rights:

  • the right to be heard by the agency

  • the right to receive notice of agency actions and meetings

  • the right to challenge an administrative rules validity if substantially affected by agency actions

  • a guaranteed opportunity for those who are most affected by agency actions to use those rights

This statute allows you to have input into agency actions and rulemaking.

How do I find out what happens at agency meetings?

The Florida Sunshine Law (Chapter 286, Florida Statutes) declares that all meetings of any governmental body taking official action must be open to the public and the minutes must be recorded. Additionally, the public records must be made available. While this statute is not a guarantee of unconditional access to the government, it goes a long way toward keeping administrative bodies accountable to you.

How do I find out what has happened in the past?

The Florida Public Records Law (Chapter 119, Florida Statutes) provides that all agency records, with a few exceptions, are available for you to inspect and copy. The exceptions apply when confidential information is necessary for an efficient government or when disclosing the information would have a negative effect on law enforcement.

Footnotes

1.

This is EDIS document FE772, a publication of the Food and Resource Economics Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL. Published November 2008. Please visit the EDIS website at http://edis.ifas.ufl.edu.

Disclaimer: This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice and that the information contained herein should not be regarded or relied upon as a substitute for professional advice. This handbook is not all-inclusive in providing information to achieve compliance with laws and regulations governing the practice of agriculture. For these reasons, using these materials constitutes an agreement to hold harmless the authors, the Center for Agricultural and Natural Resource Law, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person or party as a result of reference to or reliance upon the information contained in this handbook.

2.

Michael T. Olexa, professor, Food and Resource Economics Department; director, Center for Agricultural and Natural Resource Law, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL; and member, Florida Bar and Agricultural Law Committee of the Florida Bar; and Ian Goldfarb, graduate student, Levin College of Law and Hough Graduate School of Business, University of Florida, Gainesville, FL.

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.