HomeMy WebLinkAbout1990-12 Support of House Bill 3185-Interlocal Co-op before siting of Landfill
RESOLUTION NO, 90 - 12
A RESOLUTION OF THE CIT'i COMMISSION OF THE CIT'i OF
PARKLAND. FLORIDA. SUPPORTING THE ADOPTION OF HOUSE
BILLS 316' AND 318!5. REQUIRING INTERLOCAL COOPERATION
BEFORE THE SITING OF LANDFILL
WHEREAS. the Legislature of the State of Florida is
considering House Bill 3185: and
WHEREAS. said Bill would require an interlocal agreement
prior to the location by a county of a landfill in an area in
close proximity to another: and
WHEREAS. House Bill 316!5 requires regional review of
proposed landfills; and
WHEREAS. the City Commission of the City of Parkland
believes that such interlocal cooperation and regional review
would be beneficial; and
WHEREAS. the City Commission of the City of Parkland
believes that important decisions with regional consequences.
such as the siting of landfill should only be undertaken with
regard to the cooperation of affected parties and a broad based
review;
NOW, THEREFORE. BE IT RESOLVED BY THE CIT'i COMMISSION OF THE
CIT'i OF PARKLAND, AS FOLLOWS:
Section 1. The City Commission of the City of Parkland
hereby strongly urges the Florida Legislature to adopt House
Bills 318!5 and 316!5.
Section 2. The City Manager of the City of Parkland is
hereby authorized to forward copies of this Resolution to all
members of the Florida Legislative Delegation, the Broward County
Legislative Delegation, and to the majority and minority leaders
of both the House and Senate of the State of Florida.
Section 3. That this Resolution shall be in full force and
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 2-DAY OF May
1990.
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CORRECTED COPY
Florida House of Representatives - 1990
By Representative Holzendorf
HB 3185
A bill to be entitled
An act relating to solid waste management.
amending s. 403.707, F.S.f prohibiting the
issuance of a permit for a solid waste landfill
located within 2 miles of an adjacent county if
the counties involved have not entered into an
interlocal agreement with respect thereto.
providing an effective date.
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10 Be It Enacted by the Legislature of the state of Florida.
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12 Section 1. Subsection 151 of section 403.707, Florida
13 Statutes, is amended to read.
14 403.707 Permits.--
15 ISI1!j The department may not issue a construction
16 permit pursuant to this part for a new solid waste landfill
17 within 3,000 feet of Class I surface waters.
18 Ibl The department may not issue a construction permit
19 pursuant to this part for a new solid waste landfill in any
20 county that will be located within 2 miles of the boundary of
21 any other county of this state, unless such counties have
22 entered into an interlocal aareement pursuant to s. 163.01
23 with respect to the landfill.
24 Section Z. This act shall take effect upon becoming a
25 law.
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HOUSE SUI1tIAR'i
Prohibits the issuance of a permit for a solid
landfill located within 2 miles of an adjacent
the counties involved have not entered into an
agreement with respect thereto.
HB 3185
waste
county if
tnterlocal
9 This publication was produced at an average cost of 1.12 cents
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Florida House of Representatives - 1990
By Representative Lombard
HB 3165
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20 WHEREAS. portions of Florida are experiencing repeated
21 and prolonged ahortages of water supplies and water
22 conservation and allocation measures are required. and
23 WHEREAS. almost all of Florida has a mean annual
24 rainfall between 48 and 60 inches with the greatest amounts
25 occurring during the summer. and
26 HHEREAS. vast amounts of rainfall and potential
27 freshwater supplies are allowed to run off upland locations
28 and are not effectively used and are wasted. and
L9 WHEREAS. Florida needs to construct a system of surface
30 water reservoirs to retain rainfall for freshwater supplies
31 during periods of drought and such surface water impoundments
A bill to be entitled
An act relating to water supply projectsJ
amending s. 373.191. F.S.J authorizing counties
to cooperate with the Department of
Environmental Regulation and water management
districts in water conservation projectsJ
amending s. 373.196. F.S.J providing
legislative findings relating to water supply
needsl amending s. 373.1961. F.S.J providing
for water management districts to administer
grant programs for meeting water supply needsl
requiring the department to develop a grant
program to fund the construction of water
supply facilities by local governments I
providing certain re~uirements for matching
fundsl creating the Water Supply Facility Trust
Fundi providing an appropriationJ providing an
effective date.
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HB 3165
1 could, if properly located. facilitate recharge of ground ~
2 water supplies. NOH. THEREFORE,
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4 Be It Enacted by the Legislature of the state of Florida.
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6 Section 1. Section 373.191, Florida statutes, is
7 amended to read.
8 373.191 County water conservation projects.--The
9 several counties of the state may coopetate with the
10 Department of Environmental Reaulation and the water
11 manaaemen' districts diYision by engaging in county water
12 development and conservation projects and may use county funds
13 and e~uipment for this purpose and to do all other things
14 necessary in connection with the development and conservation
15 of the county's water resources consistent with the provisions
16 of this law and the rules and-re,_lations adopted pursuant
17 thereto.
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18 Section 2. Section 373.196, Florida Statutes, is
19 amended to read. ,
20 373.196 Legislative findings.--
21 ll) It is the finding of the Legislature that
22 cooperative efforts between municipalities, counties, water
23 management districts, and the Department of Environmental
24 Regulation are mandatory in order to meet the water needs of
25 rapidly urbanizing areas in a manner which will supply
26 adequate and dependable supplies of water where needed without
27 resulting in adverse effects upon the areas from whence such
28 water is withdrawn. Such efforts should utilize all practical
29 means of obtaining water, including, but not limited to,
30 withdrawals of surface water and ground water, construction of
31 surface water reservoirs and impoundments to facilitate around
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1 water, recharqe. recycling of wastewater, and desalinization,
2 and will necessitate not only cooperation but also well-
3 coordinated activities. The purpose of ss. 373.1961 and
4 373.196Z this-aet is to provide additional statutory authority
5 for such cooperative and coordinated efforts.
6 ~2~--"uftieipalities-aftd-eo.ftties-are-eneo.ra~ed-to
7 ereate-regioftal-water-s.pply-e.thorities-as-a.thorized-hereinT
8 It-is-f.rther-the-intent-that-~.nieip.litiesy-eo.ntiesy-and
9 regioftal-water-supply-..thorities-are-to-haye-the-primary
10 respoftsibility-for-weter-s.pplyy-aftd-water-mafta,eaent
11 distriets-aftd-their-besift-~.rds-are-to-eng~,e-oftly-ift-those
12 f.ftetions-that-ere-ineidental-to-the-exereise-of-their-flood
13 eofttrol-aftd-water-mana,ement-powersT
14 1Zl~3i Nothing herein shall be construed to preclude
5 the various municipalities and counties from continuing to
16 operate existing water production and transmission facilities
17 or to enter into cooperative agreements with other
18 municipalities and counties or with water manaaement districts
19 or water supply authoritie~ for the purpose of meeting their
20 respective needs for dependable and adequate supplies of
21 water, provided the obtaining of water through such operations
22 shall not be done in a manner which results in adverse effects
23 upon the areas from whence such water is withdrawn.
24 Section 3. Section 373.1961, Florida Statutes. is
25 amended to read,
26 373.1961 Hater production.--In the performance of. and
27 in conjunction with, its other powers and duties, the
28 governing board of a water management district existing
.9 pursuant to chapter 373,
30 11) Shall engage in planning to assist counties,
31 municipalities. and regional water supply authorities in
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I meeting water supply needs in such manner as will give
Z priority to encouraging conservation and reducing adverse
S environmental effects of improper or excessive withdrawals of
4 water from concentrated areas. As used in this section.
S regional water supply authorities are regional water
6 authorities created under s. 373.1962 or other laws of this
7 state.
e (%) Shall assist counties. municipalities. and water
9 supply authorities in meeting water supply, needs in such
10 manner as will give priority to encouraging conservation and
11 reducing adverse environmental effects of improper or
12 excessive withdrawals of water from concentrated areas.
13 (3) nay establish. design. construct, operate. and
14 maintain water production and transmission facilities for the
IS purpose of supplying water to counties. municipalities. and
16 regional water supply authorities. The permit re~uired by
17 part II of this chapter for a water management district
18 engaged in water production and transmission shall be granted.
19 denied. or granted with conditions by the department.
20 (4) Shall not engage in local distribution.
21 (5) Shall not deprive. directly or indirectly. any
2Z county wherein water is withdrawn of the prior right t~ the
23 reasonable and beneficial use of water which is required to
24 supply adequately the reasonable and beneficial needs of the
25 county or any of the inhabitants or property owners therein.
26 (6) nay provide water and financial assistance to
27 regional water supply authorities. but may not provide water
28 to counties and municipalities which are located within the
29 area of such authority without the specific approval of the
30 authority or. in the event of the authority's disapproval. the
31 approval of the Governor and Cabinet sitting as the Land and
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( 1 Hater Adjudicatory Commission. The district may supply water
2 at rates and upon terms mutually agreed to by the parties or,
3 if they do not agree, as set by the governing board and
4 specifically approved by the Governor and Cabinet sitting as
5 the Land and Hater Adjudicatory Commission.
6 ( 7) tfay acquire title to such interest as is necessary
7 in real property, by purchase, gift, devise, lease, emlnen~
8 domain, or otherwise, for water production and transmission
9 consistent with this section. However, the district shall not
10 use any of the eminent dcaain powers herein granted to ac~uire
11 water and water rights already devoted to reasonable and
12 beneficial use or any water production or transmission
13 facilities owned by any county, municipality, or regional
14 water supply authority. The district may exercise eminent
(' 15 domain powers outside' of its district boundaries for the
16 ac~uisition of pumpage facilities, storage areas, transmission
17 facilities, and the normal appurtenances thereto, provided
18 that at least 45 days prior to the exercise of eminent domain,
19 the district notifies the district where the property is
20 located after public notice and the district where the
21 property is located does not object within 45 days after
22 notification of such exercise of eminent domain authority.
23 18) In addition to the power to issue revenue bonds
24 pursuant to s. 373.584, may issue revenue bonds for the
25 'purposes of paying the costs and expenses incurred in carrying
26 out the purposes of this chapter or refunding obligations of
Z7 the district issued pursuant to this section. Such revenue
28 bonds shall be secured by, and be payable from, revenues
( 29 derived from the operation, lease, or use of its water
30 production and transmission facilities and other water-related
31 facilities and from the sale of water or services relating
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1 thereto. Such ~evenue bonds may not be secured by, or be
2 payable fr~, .oneys derived by the district from the Hater
3 Manag..ent Lands Trust Fund or from ad valorem taxes received
4 by the district. All provisions of s. 373.584 relating to the
S issuance of revenue bonds which are not inconsistent with this
6 section shall apply to the issuance of revenue bonds pursuant
7 to this section. The district .ay also issue bond
8 anticipation notes in accordance with the provisions of s.
9 373.584.
10 (9) May join with one or .ore other water .anag_ent
11 districts, counties, .unicipalities, or regional water supply
12 authorities for the purpose of carrying out any of its powers,
13 and may contract with such other entities to finance
14 acquisitions, construction. operation. and maintenance. The
IS contract may provide for contributions to be made by each
16 party thereto. for the division and apportionment of the
17 expenses of acquisitions, construction, operation. and
18 maintenance. and for the division and apportionment of the
19 benefits. services, and products therefrom. The contracts may
20 contain other covenants and agreements necessary and
21 appropriate to accomplish their purposes.
22 (10) May administer. in whole or in part. any arant or
23 financial assistance proaram deleaated by the Department of
24 Environmental Reaulation and desianed to assist local
2S aovernments in meetina water supply needs.
26 Section 4. 'Construction arants for water supplY
27 facilities.--
28 11) The Department of Environmental Reaulation shall
29 develop a arant proaram to assist local aovernments in meetina
30 water supply needs. Such arants shall be for the construction
31 of facilities desianed to maximize the usaae of periodic heavy
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. Florid.'1 House of Representatives - 1990
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1 ~ainfalls by storina water for later needs or retainina water
2 for recharae of around water supplies or for the construction
3 of other similar facilities capable of manaaina ~ainfall
4 ~upplies. A arant may not be made for anv proiect unless such
5 proiect and the plans and specifications therefor are approved
6 bY the department.
7 (21 A proiect arant under this proaram may be 1n
8 addition to other state contributions. however. total
9 contributions from state revenue sources may not exceed 50
10 percent of the cost of the pro1ect. A arant may not be made
11 until the local aovernmental aaency has available to it that
12 part of the total cost of the pr01ect which is at least equal
13 to the proiect costs covered by state revenue sources.
14 (3) Any county. municipalitv. water manaaement
15 district. or water supply authority is eliaible to receive a
16 arant under this proaram. Special consideration s~all be
17 aiven to any application for a arant which is desianed to meet
18 a reaional water supply need or the combined needs of several
19 local aovernments. Each local aovernment is encouraaed to
20 develop an interlocal aareement to meet its water supplv
21 ntt!!L.
22 (41 A arant may not be made unless the department has
23 afforded all local aovernments. water manaaement districts.
24 and water supply authorities with iurisd1ction over the
25 proiect area an opportunity to review and comment on the
26 proposed proiect. and the department has determined that the
27 proiect is not harmful to the environment and has a likelihood
28 of accomplishina its purposes.
29 (51 The department shall adopt rules relatina tq
30 forms. application format. and other information and
31 documentation needed to administer this arant proaram.
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(6) There is created within the DepartMent of
Envirollllent.l Reaulation the Mater Supply Facility Trust Fund
for the purpose of providina arant. to eliaible recipients as
provided in thia section and to pay the costs of adMinisterina
these funds and the arant Droaram.
Section 5. There is hereby appropriated for fiscal
year 1990-1991 from the General Revenue Fund to the Hater
Supply Facility Trust Fund the sum of $10.000.000 for arants
in accordance with the provisions in this act. Beainnina in
fiscal year 1991-1992 and annually thereafter at least
$10.000.000 shall be available from the State Infrastructure
Trust Fund for the purposes of this act.
Section 6. This act sha 11 take effect upon becoming a
law.
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SENATE SUMI1AR~
Revises prOV1S10ns relating to water conservation efforts
by counties and water management districts. Authorizes
water mana~ement districts to administer certain grant
and financ1al assistance pr~rams. Re~uires the
Department of Environmental egulation to develop a Irant
~rogram to provide funds for constructing water supp y
aeilities. Provides re~uirements for such grant..
Creates the Hater Supply Facility Trust Fund. See bill
for details.
This publication was produced at an avera~e cost of 1.12 cent.
~er single ~age in comt:ianee with the Ru es and for
he informa ion of mem rs of the Legidature and the public.
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