Bill Text: FL S1338 | 2010 | Regular Session | Introduced

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Bill Title: Limestone Mining [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Environmental Preservation and Conservation, companion bill(s) passed, see CS/CS/CS/SB 550 (Ch. 2010-205) [S1338 Detail]

Download: Florida-2010-S1338-Introduced.html

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Florida Senate - 2010                                    SB 1338 
 
By Senator Dean 
3-01303-10                                            20101338__ 
1                        A bill to be entitled 
2         An act relating to limestone mining; amending s. 
3         373.414, F.S.; eliminating criteria for determining 
4         the ratio of mitigation-to-wetlands loss relating to 
5         limestone and sand mining; providing that financial 
6         responsibility for mitigation for wetlands and other 
7         surface waters required by a permit for activities 
8         associated with the extraction of limestone is subject 
9         to approval by the Department of Environmental 
10         Protection as part of permit application review; 
11         conforming terminology; amending s. 378.901, F.S.; 
12         authorizing mine operators proposing to mine or 
13         extract limestone to apply for a life-of-the-mine 
14         permit; providing an exception for life-of-the-mine 
15         permit application review requirements; amending ss. 
16         316.520, 337.0261, 373.4149, 373.41492, 373.4415, 
17         377.244, 378.403, and 378.4115, F.S.; conforming 
18         terminology; providing for retroactive applicability; 
19         providing an effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. Paragraph (d) of subsection (6), subsection 
24  (16), and paragraph (a) of subsection (19) of section 373.414, 
25  Florida Statutes, are amended to read: 
26         373.414 Additional criteria for activities in surface 
27  waters and wetlands.— 
28         (6) 
29         (d) Onsite reclamation of the mine pit for limestone 
30  limerock and sand mining shall be conducted in accordance with 
31  the requirements of chapter 378. 
32         1. Mitigation activities for limestone limerock and sand 
33  mining must offset the regulated activities’ adverse impacts on 
34  surface waters and wetlands. Mitigation activities shall be 
35  located on site, unless onsite mitigation activities are not 
36  feasible, in which case, offsite mitigation as close to the 
37  activities as possible shall be required. However, mitigation 
38  banking may be an acceptable form of mitigation, whether on or 
39  off site, as judged on a case-by-case basis. 
40         2. The ratio of mitigation-to-wetlands loss shall be 
41  determined on a case-by-case basis and shall be based on the 
42  quality of the wetland to be impacted and the type of mitigation 
43  proposed. 
44         (16) Until October 1, 2000, regulation under rules adopted 
45  pursuant to this part of any sand, limerock, or limestone mining 
46  activity which is located in Township 52 South, Range 39 East, 
47  sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 
48  27, 34, 35, and 36; in Township 52 South, Range 40 East, 
49  sections 6, 7, 8, 18, and 19; in Township 53 South, Range 39 
50  East, sections 1, 2, 13, 21, 22, 23, 24, 25, 26, 33, 34, 35, and 
51  36; and in Township 54 South, Range 38 East, sections 24, and 
52  25, and 36, shall not include the rules adopted pursuant to 
53  subsection (9). In addition, until October 1, 2000, such 
54  activities shall continue to be regulated under the rules 
55  adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the 
56  Florida Statutes 1983, as amended, as such rules existed prior 
57  to the effective date of the rules adopted pursuant to 
58  subsection (9) and such dredge and fill jurisdiction shall be 
59  that which existed prior to January 24, 1984. In addition, any 
60  such sand, limerock, or limestone mining activity shall be 
61  approved by Miami-Dade County and the United States Army Corps 
62  of Engineers. This section shall only apply to mining activities 
63  which are continuous and carried out on land contiguous to 
64  mining operations that were in existence on or before October 1, 
65  1984. 
66         (19)(a) Financial responsibility for mitigation for 
67  wetlands and other surface waters required by a permit issued 
68  pursuant to this part for activities associated with the 
69  extraction of limestone and phosphate are subject to approval by 
70  the department as part of permit application review. Financial 
71  responsibility for permitted activities which will occur over a 
72  period of 3 years or less of mining operations must be provided 
73  to the department prior to the commencement of mining operations 
74  and shall be in an amount equal to 110 percent of the estimated 
75  mitigation costs for wetlands and other surface waters affected 
76  under the permit. For permitted activities which will occur over 
77  a period of more than 3 years of mining operations, the initial 
78  financial responsibility demonstration shall be in an amount 
79  equal to 110 percent of the estimated mitigation costs for 
80  wetlands and other surface waters affected in the first 3 years 
81  of operation under the permit; and, for each year thereafter, 
82  the financial responsibility demonstration shall be updated, 
83  including to provide an amount equal to 110 percent of the 
84  estimated mitigation costs for the next year of operations under 
85  the permit for which financial responsibility has not already 
86  been demonstrated and to release portions of the financial 
87  responsibility mechanisms in accordance with applicable rules. 
88         Section 2. Subsection (2) and paragraph (c) of subsection 
89  (4) of section 378.901, Florida Statutes, are amended to read: 
90         378.901 Life-of-the-mine permit.— 
91         (2) As an alternative to, and in lieu of, separate 
92  applications for permits required by part IV of chapter 373 and 
93  part IV of this chapter, each operator who proposes to mine or 
94  extract heavy minerals, limestone, or fuller’s earth clay may 
95  apply to the bureau for a life-of-the-mine permit. 
96         (4) Notwithstanding the provisions of s. 378.405, an 
97  application for a life-of-the-mine permit must be reviewed as 
98  follows: 
99         (c) A life-of-the-mine permit must be approved or denied by 
100  the bureau within 135 days after receipt of the original 
101  completed application, receipt of the timely requested 
102  additional information, or correction of errors or omissions. 
103  The 135-day period must be tolled in accordance with s. 120.60. 
104  This paragraph does not apply to applications for permits to 
105  mine or extract limestone filed before July 1, 2010. 
106         Section 3. Subsection (2) of section 316.520, Florida 
107  Statutes, is amended to read: 
108         316.520 Loads on vehicles.— 
109         (2) It is the duty of every owner and driver, severally, of 
110  any vehicle hauling, upon any public road or highway open to the 
111  public, dirt, sand, limestone lime rock, gravel, silica, or 
112  other similar aggregate or trash, garbage, any inanimate object 
113  or objects, or any similar material that could fall or blow from 
114  such vehicle, to prevent such materials from falling, blowing, 
115  or in any way escaping from such vehicle. Covering and securing 
116  the load with a close-fitting tarpaulin or other appropriate 
117  cover or a load securing device meeting the requirements of 49 
118  C.F.R. s. 393.100 or a device designed to reasonably ensure that 
119  cargo will not shift upon or fall from the vehicle is required 
120  and shall constitute compliance with this section. 
121         Section 4. Subsections (1) and (4) of section 337.0261, 
122  Florida Statutes, are amended to read: 
123         337.0261 Construction aggregate materials.— 
124         (1) DEFINITIONS.—“Construction aggregate materials” means 
125  crushed stone, limestone, dolomite, limerock, shell rock, 
126  cemented coquina, sand for use as a component of mortars, 
127  concrete, bituminous mixtures, or underdrain filters, and other 
128  mined resources providing the basic material for concrete, 
129  asphalt, and road base. 
130         (4) EXPEDITED PERMITTING.—Due to the state’s critical 
131  infrastructure needs and the potential shortfall in available 
132  construction aggregate materials, limestone limerock 
133  environmental resource permitting and reclamation applications 
134  filed after March 1, 2007, are eligible for the expedited 
135  permitting processes contained in s. 403.973. Challenges to 
136  state agency action in the expedited permitting process for 
137  establishment of a limestone limerock mine in this state under 
138  s. 403.973 are subject to the same requirements as challenges 
139  brought under s. 403.973(14)(a), except that, notwithstanding s. 
140  120.574, summary proceedings must be conducted within 30 days 
141  after a party files the motion for summary hearing, regardless 
142  of whether the parties agree to the summary proceeding. 
143         Section 5. Subsection (4) of section 373.4149, Florida 
144  Statutes, is amended to read: 
145         373.4149 Miami-Dade County Lake Belt Plan.— 
146         (4) The identification of the Miami-Dade County Lake Belt 
147  Area shall not preempt local land use jurisdiction, planning, or 
148  regulatory authority in regard to the use of land by private 
149  land owners. When amending local comprehensive plans, or 
150  implementing zoning regulations, development regulations, or 
151  other local regulations, Miami-Dade County shall strongly 
152  consider limestone mining activities and ancillary operations, 
153  such as lake excavation, including use of explosives, rock 
154  processing, cement, concrete and asphalt products manufacturing, 
155  and ancillary activities, within the rock mining supported and 
156  allowable areas of the Miami-Dade County Lake Plan adopted by 
157  subsection (1); provided, however, that limestone limerock 
158  mining activities are consistent with wellfield protection. 
159  Rezonings or amendments to local comprehensive plans concerning 
160  properties that are located within 1 mile of the Miami-Dade Lake 
161  Belt Area shall be compatible with limestone mining activities. 
162  No rezonings, variances, or amendments to local comprehensive 
163  plans for any residential purpose may be approved for any 
164  property located in sections 35 and 36 and the east one-half of 
165  sections 24 and 25, Township 53 South, Range 39 East until such 
166  time as there is no active mining within 2 miles of the 
167  property. This section does not preclude residential development 
168  that complies with current regulations. 
169         Section 6. Subsection (2) and paragraph (b) of subsection 
170  (6) of section 373.41492, Florida Statutes, are amended to read: 
171         373.41492 Miami-Dade County Lake Belt Mitigation Plan; 
172  mitigation for mining activities within the Miami-Dade County 
173  Lake Belt.— 
174         (2) To provide for the mitigation of wetland resources lost 
175  to mining activities within the Miami-Dade County Lake Belt 
176  Plan, effective October 1, 1999, a mitigation fee is imposed on 
177  each ton of limestone limerock and sand extracted by any person 
178  who engages in the business of extracting limestone limerock or 
179  sand from within the Miami-Dade County Lake Belt Area and the 
180  east one-half of sections 24 and 25 and all of sections 35 and 
181  36, Township 53 South, Range 39 East. The mitigation fee is 
182  imposed for each ton of limestone limerock and sand sold from 
183  within the properties where the fee applies in raw, processed, 
184  or manufactured form, including, but not limited to, sized 
185  aggregate, asphalt, cement, concrete, and other limestone 
186  limerock and concrete products. The mitigation fee imposed by 
187  this subsection for each ton of limestone limerock and sand sold 
188  shall be 12 cents per ton beginning January 1, 2007; 18 cents 
189  per ton beginning January 1, 2008; and 24 cents per ton 
190  beginning January 1, 2009. To upgrade a water treatment plant 
191  that treats water coming from the Northwest Wellfield in Miami 
192  Dade County, a water treatment plant upgrade fee is imposed 
193  within the same Lake Belt Area subject to the mitigation fee and 
194  upon the same kind of mined limestone limerock and sand subject 
195  to the mitigation fee. The water treatment plant upgrade fee 
196  imposed by this subsection for each ton of limestone limerock 
197  and sand sold shall be 15 cents per ton beginning on January 1, 
198  2007, and the collection of this fee shall cease once the total 
199  amount of proceeds collected for this fee reaches the amount of 
200  the actual moneys necessary to design and construct the water 
201  treatment plant upgrade, as determined in an open, public 
202  solicitation process. Any limestone limerock or sand that is 
203  used within the mine from which the limestone limerock or sand 
204  is extracted is exempt from the fees. The amount of the 
205  mitigation fee and the water treatment plant upgrade fee imposed 
206  under this section must be stated separately on the invoice 
207  provided to the purchaser of the limestone limerock or sand 
208  product from the limestone limerock or sand miner, or its 
209  subsidiary or affiliate, for which the fee or fees apply. The 
210  limestone limerock or sand miner, or its subsidiary or 
211  affiliate, who sells the limestone limerock or sand product 
212  shall collect the mitigation fee and the water treatment plant 
213  upgrade fee and forward the proceeds of the fees to the 
214  Department of Revenue on or before the 20th day of the month 
215  following the calendar month in which the sale occurs. 
216         (6) 
217         (b) Expenditures of the mitigation fee must be approved by 
218  an interagency committee consisting of representatives from each 
219  of the following: the Miami-Dade County Department of 
220  Environmental Resource Management, the Department of 
221  Environmental Protection, the South Florida Water Management 
222  District, and the Fish and Wildlife Conservation Commission. In 
223  addition, the limestone limerock mining industry shall select a 
224  representative to serve as a nonvoting member of the interagency 
225  committee. At the discretion of the committee, additional 
226  members may be added to represent federal regulatory, 
227  environmental, and fish and wildlife agencies. 
228         Section 7. Section 373.4415, Florida Statutes, is amended 
229  to read: 
230         373.4415 Role of Miami-Dade County in processing permits 
231  for limestone limerock mining in Miami-Dade County Lake Belt. 
232  The department and Miami-Dade County shall cooperate to 
233  establish and fulfill reasonable requirements for the 
234  departmental delegation to the Miami-Dade County Department of 
235  Environmental Resource Management of authority to implement the 
236  permitting program under ss. 373.403-373.439 for limestone 
237  limerock mining activities within the geographic area of the 
238  Miami-Dade County Lake Belt which was recommended for mining in 
239  the report submitted to the Legislature in February 1997 under 
240  s. 373.4149. The delegation of authority must be consistent with 
241  s. 373.441 and chapter 62-344, Florida Administrative Code. To 
242  further streamline permitting within the Miami-Dade County Lake 
243  Belt, the department and Miami-Dade County are encouraged to 
244  work with the United States Army Corps of Engineers to establish 
245  a general permit under s. 404 of the Clean Water Act for 
246  limestone limerock mining activities within the geographic area 
247  of the Miami-Dade County Lake Belt consistent with the report 
248  submitted in February 1997. Miami-Dade County is further 
249  encouraged to seek delegation from the United States Army Corps 
250  of Engineers for the implementation of any such general permit. 
251  This section does not limit the authority of the department to 
252  delegate other responsibilities to Miami-Dade County under this 
253  part. 
254         Section 8. Subsection (2) of section 377.244, Florida 
255  Statutes, is amended to read: 
256         377.244 Conditions for granting permits for surface 
257  exploratory and extraction operations.— 
258         (2) The provisions of this act shall not apply to the 
259  exploration and removal from lands of peat, muck, marl, 
260  limestone, limerock, kaolin, fuller’s earth, phosphate, common 
261  clays, gravel, shell, sand, and similar substances, it being the 
262  legislative determination that the mining and extraction 
263  operations, and the grants of authority under which these 
264  activities are conducted for said substances exempted from the 
265  provisions of this act, are dissimilar from the exploratory and 
266  extraction operations and the grants of authority under which 
267  these activities are conducted for substances which come within 
268  the purview of the regulatory provisions of this act. 
269         Section 9. Subsection (17) of section 378.403, Florida 
270  Statutes, is amended to read: 
271         378.403 Definitions.—As used in this part, the term: 
272         (17) “Resource” means soil, clay, peat, stone, gravel, 
273  sand, limestone limerock, metallic ore, or any other solid 
274  substance of commercial value found in natural deposits on or in 
275  the earth, except phosphate, which is regulated by part III. 
276         Section 10. Section 378.4115, Florida Statutes, is amended 
277  to read: 
278         378.4115 County certification for limestone limerock mining 
279  in the Miami-Dade County Lake Belt.—The department and Miami 
280  Dade County shall cooperate to establish and fulfill reasonable 
281  requirements for the departmental certification of the Miami 
282  Dade County Department of Environmental Resource Management to 
283  implement the reclamation program under ss. 378.401-378.503 for 
284  limestone limerock mining activities within the geographic area 
285  of the Miami-Dade County Lake Belt which was recommended for 
286  mining in the report submitted to the Legislature in February 
287  1997 under s. 373.4149. The delegation of implementing authority 
288  must be consistent with s. 378.411 and chapter 62C-36, Florida 
289  Administrative Code. Further, the reclamation program shall 
290  maximize the efficient mining of limestone, and the littoral 
291  area surrounding the lake excavations shall not be required to 
292  be greater than 100 feet average in width. 
293         Section 11. The amendments to ss. 373.414 and 378.901, 
294  Florida Statutes, made by this act, other than the conforming of 
295  terminology, apply retroactively to any permit granted by the 
296  Department of Environmental Protection under part IV of chapter 
297  373, Florida Statutes, or part IV of chapter 378, Florida 
298  Statutes, after September 1, 2009. 
299         Section 12. This act shall take effect upon becoming a law.