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Publication #FE760

 

The Florida Agricultural Handbook of Solid and Hazardous Waste Regulation: Overview1

Michael T. Olexa and Ian Goldfarb2

Overview

Federal law regulating the management of solid and hazardous wastes can be found in many different acts of Congress. For example, the Resource Conservation and Recovery Act (RCRA) affects waste management. No single comprehensive federal law for solid and hazardous waste management exists, although RCRA touches on most of the major issues.

There is also no single comprehensive state law that typically fills in the gaps and supplements federal law. In some cases, as in RCRA, the federal government delegates the responsibility for administering the statute to a state agency. In many instances, state law standards are stricter than federal standards. Consequently, although compliance with state law may ensure compliance with federal laws, the converse is not necessarily true. Because state and federal laws often have different purposes, the specific regulations may vary. For example, the federal government may regulate pesticides to protect consumers while the state regulates pesticides to protect farmworkers. Both statutes regulate pesticides but for different reasons. Therefore compliance with state regulations is not always sufficient to ensure compliance with federal regulations.

Local regulation may be stricter still. Counties and cities in Florida are becoming increasingly aware of the dangers posed by mismanagement of wastes, and are concerned about bearing a disproportionate share of the costs of such mismanagement. Local regulations are not covered in this handbook due to the number and diversity of those regulations throughout the state. We strongly recommend that you contact your local county and city commissions, as well as the local waste-planning agency, for detailed information about local waste management regulations.

If you have questions about whether you have complied with all applicable regulations, always ask, as it is well recognized in the American legal system that ignorance of the law is not an excuse. It is best to prevent a potential problem entirely. Next best is to investigate and correct a problem early. The least desirable option is to allow a problem to get out of control and to suffer the penalties. Not knowing or understanding the rules will not protect you from these penalties.

Footnotes

1.

This is EDIS document FE760, 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. Nick T. Place, Dean.