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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to the use of phosphogypsum; amending 2
s. 336.044, F.S.; authorizing the Department of 3
Transportation to undertake demonstration projects 4
using phosphogypsum in road construction aggregate 5
material to determine its feasibility as a paving 6
material; creating s. 337.02611, F.S.; requiring the 7
department to conduct a study on the suitability of 8
using phosphogypsum as a construction aggregate 9
material; providing requirements for the study; 10
providing that such materials may be used as a 11
construction aggregate material in accordance with 12
specified regulations if the department determines it 13
suitable for such use; amending s. 403.7045, F.S.; 14
providing that phosphogypsum used under specified 15
circumstances is not solid waste and is an allowed use 16
in the state; authorizing the placement of 17
phosphogypsum in specified stack systems; providing an 18
effective date. 19
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Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Subsection (2) of section 336.044, Florida 23
Statutes, is amended to read: 24
336.044 Use of recyclable materials in construction. — 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) The Legislature declares it to be in the public 26
interest to find alternative ways to u se certain recyclable 27
materials that currently are part of the solid waste stream and 28
that contribute to problems of declining space in landfills. To 29
determine the feasibility of using certain recyclable materials 30
for paving materials, the department may u ndertake demonstration 31
projects using all of the following materials in road 32
construction: 33
(a) Ground rubber from automobile tires in road 34
resurfacing or subbase materials for roads .; 35
(b) Ash residue from coal combustion byproducts for 36
concrete and ash residue from waste incineration facilities and 37
oil combustion byproducts for subbase material .; 38
(c) Recycled mixed-plastic material for guardrail posts or 39
right-of-way fence posts.; 40
(d) Construction steel, including reinforcing rods and I -41
beams, manufactured from scrap metals disposed of in the state .; 42
and 43
(e) Glass, and glass aggregates. 44
(f) Phosphogypsum from phosphate production in road 45
construction aggregate material. 46
Section 2. Section 337.02611, Florida Statutes, is created 47
to read: 48
337.02611 Phosphogypsum as a construction aggregate 49
material; study.— 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) The department shall conduct a study to evaluate the 51
suitability of using phosphogypsum as a construction aggregate 52
material as defined in s. 337.0261(1). The department may 53
consider any prior or ongoing studies of phosphogypsum's road 54
suitability in the fulfillment of this duty. The study and a 55
determination of suitability must be completed by April 1, 2024. 56
(2) Upon a determination of suitability by the department, 57
phosphogypsum from phosphate production may be used as a 58
construction aggregate material in accordance with the 59
conditions of the United States Environmental Protection Agency 60
approval for the use. 61
Section 3. Paragraph (f) of subsection (1) of section 62
403.7045, Florida Statutes, is amended to read: 63
403.7045 Application of act and integration with other 64
acts.— 65
(1) The following wastes or activities may not be 66
regulated pursuant to this act: 67
(f) Industrial byproducts, if: 68
1. A majority of the indu strial byproducts are 69
demonstrated to be sold, used, or reused within 1 year ;. 70
2. The industrial byproducts are not discharged, 71
deposited, injected, dumped, spilled, leaked, or placed upon any 72
land or water so that such industrial byproducts, or any 73
constituent thereof, may enter other lands or be emitted into 74
the air or discharged into any waters, including groundwaters, 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or otherwise enter the environment such that a threat of 76
contamination in excess of applicable department standards and 77
criteria or a significant threat to public health is caused ; 78
and. 79
3. The industrial byproducts are not hazardous wastes as 80
defined in s. 403.703 and rules adopted under this section. 81
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Sludge from an industrial waste treatment works that meets the 83
exemption requirements of this paragraph is not solid waste as 84
defined in s. 403.703. Phosphogypsum used in accordance with an 85
allowed use expressly specified in United States Environmental 86
Protection Agency regulations or pursuant to an express United 87
States Environmental Prot ection Agency approval for the specific 88
use is not solid waste as defined in s. 403.703 and is an 89
allowed use in the state. Phosphogypsum may be placed in a 90
phosphogypsum stack system permitted by the department under ss. 91
403.4154 and 403.4155. 92
Section 4. This act shall take effect July 1, 2023. 93