Fla. Stat. 403.704
Powers and duties of the department


(1)

Develop and implement, in consultation with local governments, a state solid waste management program, as defined in s. 403.705.

(2)

Provide technical assistance to counties, municipalities, and other persons, and cooperate with appropriate federal agencies and private organizations in carrying out this act.

(3)

Promote the planning and application of recycling and resource recovery systems which preserve and enhance the quality of the air, water, and other natural resources of the state and assist in and encourage, where appropriate, the development of regional solid waste management facilities.

(4)

Serve as the official state representative for all purposes of the federal Solid Waste Disposal Act, as amended by Pub. L. No. 91-512, or as subsequently amended.

(5)

Use private industry or the State University System through contractual arrangements for implementation of some or all of the requirements of the state solid waste management program and for such other activities as may be considered necessary, desirable, or convenient.

(6)

Encourage recycling and resource recovery as a source of energy and materials.

(7)

Assist in and encourage, as much as possible, the development within the state of industries and commercial enterprises which are based upon resource recovery, recycling, and reuse of solid waste.

(8)

Determine by rule the facilities, equipment, personnel, and number of monitoring wells to be provided at each solid waste disposal facility.

(9)

Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce this act, including requirements for the classification, construction, operation, maintenance, and closure of solid waste management facilities and requirements for, and conditions on, solid waste disposal in this state, whether such solid waste is generated within this state or outside this state as long as such requirements and conditions are not based on the out-of-state origin of the waste and are consistent with applicable law. When classifying solid waste management facilities, the department shall consider the hydrogeology of the site for the facility, the types of wastes to be handled by the facility, and methods used to control the types of waste to be handled by the facility and shall seek to minimize the adverse effects of solid waste management on the environment. Whenever the department adopts any rule stricter or more stringent than one that has been set by the United States Environmental Protection Agency, the procedures set forth in s. 403.804(2) shall be followed. The department shall not, however, adopt hazardous waste rules for solid waste for which special studies were required prior to October 1, 1988, under s. 8002 of the Resource Conservation and Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies are completed by the United States Environmental Protection Agency and the information is available to the department for consideration in adopting its own rule.

(10)

Issue or modify permits on such conditions as are necessary to effect the intent and purposes of this act, and may deny or revoke permits.

(11)

Develop and implement or contract for services to develop information on recovered materials markets and strategies for market development and expansion for use of these materials. Additionally, the department shall maintain a directory of recycling businesses operating in the state and shall serve as a coordinator to match recovered materials with markets. Such directory shall be made available to the public and to local governments to assist with their solid waste management activities.

(12)

Establish accounts and deposit to the Solid Waste Management Trust Fund and control and administer moneys it may withdraw from the fund.

(13)

Manage a program of grants, using funds from the Solid Waste Management Trust Fund and funds provided by the Legislature for solid waste management, for programs for recycling, composting, litter control, and special waste management and for programs that provide for the safe and proper management of solid waste.

(14)

Budget and receive appropriated funds and accept, receive, and administer grants or other funds or gifts from public or private agencies, including the state and the Federal Government, for the purpose of carrying out this act.

(15)

Delegate its powers, enter into contracts, or take such other actions as may be necessary to implement this act.

(16)

Receive and administer funds appropriated for county hazardous waste management assessments.

(17)

Provide technical assistance to local governments and regional agencies to ensure consistency between county hazardous waste management assessments; coordinate the development of such assessments with the assistance of the appropriate regional planning councils; and review and make recommendations to the Legislature relative to the sufficiency of the assessments to meet state hazardous waste management needs.

(18)

Increase public education and public awareness of solid and hazardous waste issues by developing and promoting statewide programs of litter control, recycling, volume reduction, and proper methods of solid waste and hazardous waste management.

(19)

Assist the hazardous waste storage, treatment, or disposal industry by providing to the industry any data produced on the types and quantities of hazardous waste generated.

(20)

Institute a hazardous waste emergency response program which would include emergency telecommunication capabilities and coordination with appropriate agencies.

(21)

Adopt rules necessary to accept delegation of the hazardous waste management program from the Environmental Protection Agency under the Hazardous and Solid Waste Amendments of 1984, Pub. L. No. 98-616.

(22)

Adopt rules, if necessary, to address the incineration and disposal of biomedical waste and the management of biological waste within the state, whether such waste is generated within this state or outside this state, as long as such requirements and conditions are not based on the out-of-state origin of the waste and are consistent with applicable provisions of law.

Source: Section 403.704 — Powers and duties of the department, https://www.­flsenate.­gov/Laws/Statutes/2024/0403.­704 (accessed Aug. 7, 2025).

403.72
Identification, listing, and notification
403.74
Management of hazardous materials by governmental agencies
403.75
Definitions relating to used oil
403.702
Legislative findings
403.703
Definitions
403.704
Powers and duties of the department
403.705
State solid waste management program
403.706
Local government solid waste responsibilities
403.707
Permits
403.708
Prohibition
403.709
Solid Waste Management Trust Fund
403.712
Revenue bonds
403.713
Ownership and control of solid waste and recovered materials
403.714
Duties of state agencies
403.715
Certification of resource recovery or recycling equipment
403.716
Training of operators of solid waste management and other facilities
403.717
Waste tire and lead-acid battery requirements
403.718
Waste tire fees
403.721
Standards, requirements, and procedures for generators and transporters of hazardous waste and owners and operators of hazardous waste facilities
403.722
Permits
403.723
Siting of hazardous waste facilities
403.724
Financial responsibility
403.726
Abatement of imminent hazard caused by hazardous substance
403.727
Violations
403.728
Qualifications of operation personnel of hazardous waste facilities
403.751
Prohibited actions
403.753
Public educational program about collection and recycling of used oil
403.754
Registration of persons transporting, processing, burning, or marketing used oil
403.757
Coordination with other state agencies
403.758
Enforcement and penalty
403.759
Disposition of fees, fines, and penalties
403.760
Public used oil collection centers
403.761
Incentives program
403.763
Grants to local governments
403.767
Certification of used oil transporters
403.769
Permits for used oil processing and rerefining facilities
403.7031
Limitations on definitions adopted by local ordinance
403.7032
Recycling
403.7033
Departmental analysis of particular recyclable materials
403.7043
Compost standards and applications
403.7045
Application of act and integration with other acts
403.7046
Regulation of recovered materials
403.7047
Regulation of fossil fuel combustion products
403.7049
Determination of full cost for solid waste management
403.7055
Methane capture
403.7061
Requirements for review of new waste-to-energy facility capacity by the Department of Environmental Protection
403.7063
Use of private services in solid waste management
403.7065
Procurement of products or materials with recycled content
403.7071
Management of storm-generated debris
403.7072
Citation of rule
403.7095
Solid waste management grant program
403.7125
Financial assurance
403.7145
Recycling
403.7185
Lead-acid battery fees
403.7186
Environmentally sound management of mercury-containing devices and lamps
403.7191
Toxics in packaging
403.7192
Batteries
403.7193
Environmental representations
403.7211
Hazardous waste facilities managing hazardous wastes generated offsite
403.7215
Tax on gross receipts of commercial hazardous waste facilities
403.7222
Prohibition of hazardous waste landfills
403.7223
Waste elimination and reduction assistance program
403.7225
Local hazardous waste management assessments
403.7226
Technical assistance by the department
403.7234
Small quantity generator notification and verification program
403.7236
Local government information to be sent to the department
403.7238
Expanded local hazardous waste management programs
403.7255
Placement of signs
403.7264
Amnesty days for purging small quantities of hazardous wastes
403.7265
Local hazardous waste collection program
403.7531
Notice by retail dealer
403.7545
Regulation of used oil as hazardous waste
403.7721
Rule of construction
403.70605
Solid waste collection services in competition with private companies
403.70611
Requirements relating to solid waste disposal facility permitting
403.70715
Research, development, and demonstration permits
403.71851
Electronic recycling grants
403.71852
Collection of lead-containing products

Current through Fall 2025

§ 403.704. Powers & duties of the department's source at flsenate​.gov