The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF TRANSPORTATION

RULE NO.: RULE TITLE:
14-10.047: Jurisdiction
14-10.049: Screening Criteria
14-10.050: Nonconforming Junkyards
14-10.051: Violations
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: These rules regulate junkyards. Only a few junkyards are located within the state and they will be given guidance by the Department. These rules are now unnecessary.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Based upon an economic impact analysis, the agency has determined that this rule will not have an adverse impact on small business and will not increase regulatory costs by $200,000 in the aggregate within one year. A SERC has not been prepared by the agency. In addition, the agency has determined that the rule(s) will not require legislative ratification pursuant to Section 120.541(3), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 334.044(2) FS.
LAW IMPLEMENTED: 339.05, 339.241 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, [phone], [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

14-10.047 Jurisdiction.

(1) The department under the authority of Section 339.241, F.S., and title 23, sect. 136, u.s. code, shall effectively control or cause to be controlled junkyards within 1,000 feet of the nearest edge of the right of way and visible from the main traveled way of the highways on the interstate and federal-aid primary systems except the following:

(a) Junkyards or scrap metal processing plants which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the highway or otherwise removed from sight.

(b) Junkyards or scrap metal processing plants which are located in areas which are zoned for industrial use.

(c) Junkyards or scrap metal processing plants which are not visible from the main traveled way of any interstate or federal-aid primary highway.

(2) All junkyards and scrap metal processing plants in controlled areas, except those located in zoned or unzoned industrial areas, must be screened by the junkyard operator at the operator’s own expense unless the location is included in an abatement project under provisions of subsection 14-10.051(1), F.A.C., or the location is not visible from the main-traveled way.

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241 FS. History–New 12-10-77, Formerly 14-10.47, Amended 6-28-98, Repealed_________.

 

14-10.049 Screening Criteria.

(1) Any junkyard lawfully in existence under Section 339.241, F.S., on december 8, 1971, located outside of zoned or unzoned industrial areas, which is within one thousand (1,000) feet of the nearest edge of the right of way of all interstate and federal-aid primary highways shall be screened so as not to be visible from the main traveled way or removed from sight. no screening will be allowed on state right of way unless placed there by the Florida Department of Transportation.

(a) The owner of a junkyard which is required to be screened shall submit a plan drawn to scale indicating how screening is to be accomplished. such plan shall show the construction details of the screening to be used and the location of the buildings and driveways. the plan will also describe the placement of the junk, i.e., rows of junk cars, stacked junk cars, piles of scrap iron, etc., and the topography of the junkyard including pictures of the site.

(b) Acceptable screening material: subject to the approval of the florida department of transportation, acceptable fencing shall include fences of steel or other metals, durable woods such as heart cypress, redwood, or other wood treated with a preservative, or walls of masonry. Some of the types acceptable are:

1. Fencing Material:

a. Chain link type with aluminum, steel, plastic, or wooden slat inserts.

b. Wooden types of basket weave, palisade, louver, or other suitable design.

c. Walls of masonry including plain or ornamental concrete block, block, brick stone, or other suitable masonry material.

d. Earth mounds used individually or in combination with plantings and fencing.

Note: The above types of fencing and walls are given for examples only. Any other design of fencing constructed of other materials may be submitted for consideration.

2. Plant Material:

a. Plant materials indicated on the plans shall specify the botanical name of the plant materials used, the size at the time of planting, and the spacing between plants. All plant material shall be predominately evergreen and approved by the Florida Department of Transportation.

b. The minimum size of plant material at the time of planting shall be as follows:

Shade Trees: 1'' – 1 1/2'' Caliper (Deciduous)

Multi-Stem Trees: 4' – 5' In Height (Hawthorne, Crepe Myrtle, Etc.)

Evergreen Trees: 4' – 5' In Height (Pinus, Magnolia, Etc.)

Evergreen Shrubs: 2 1/2' – 3' In Height (Including Plantings That Will Not Get “Leggy” As Elaeagnus, Abelia, Etc.)

c. Planting plans shall show plant pit size, back fill material used, and planting and staking details. Care should be exercised in selecting plant material to assure that the selected plantings will not get “leggy” as they mature (such as some pine trees) so that the junk the plantings are attempting to screen becomes exposed. Seedlings should also be considered as a supplement to the bigger plants where appropriate. The junkyard operator will be responsible for assuring that shrubs, bushes, etc., planted to screen junkyards are adequately watered, fertilized, and maintained to effectively screen the junk. The junkyard operator will be responsible for replacing any dead, sick or damaged plants at the time that such condition is first observed. During the next regular junkyard inspection or at the time the operator requests payment for screening of the junkyard, the department will determine if the screening is adequate to screen the junk from view of persons traveling on the controlled road. The department will advise the owner of deficiencies needing corrective action such as dead or damaged plantings that need replacement, screening of insufficient height or density to be effective or other conditions that allow the junk to be seen from the controlled highway. The Junkyard operator will not be reimbursed for the eligible costs incurred in screening the junkyard until these deficiencies have been corrected.

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241(3), (4), (6), (7) FS. History–New 12-10-77, Amended 6-26-78, Formerly 14-10.49, Amended 6-28-98, Repealed________.

 

14-10.050 Nonconforming Junkyards.

A junkyard, to be classified as a nonconforming junkyard, is required to be located within 1,000 feet of any highway on the interstate or federal-aid primary system, except those located in zoned or unzoned industrial areas. For the junkyard operator to be eligible for the reimbursement of the costs incurred in screening, recycling or removing the junk, the junkyard must have been in place on december 8, 1971 or on the date that the route section was added to the interstate or federal-aid primary systems, whichever is later. Nonconforming junkyards cannot be extended, enlarged, or changed in use and must be operated as an on-going business. For a junkyard to retain its nonconforming status, it must be adequately screened, and the operator must have property rights in the junk. Abandoned and worthless junk do not qualify a junkyard for nonconforming status.

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241(3) FS. History–New 12-10-77, Formerly 14-10.50, Amended 6-28-98, Repealed________.

 

14-10.051 Violations.

(1) The department shall inspect junkyards for compliance with these requirements at least once each year. Nonconforming junkyards which are not effectively screened in accordance with the above criteria are considered to be in violation of these requirements. A violation notice will be given to junkyard operators when screening is not adequate to screen all of the junk, and the notice will give the operator either 30 calendar days to clear the violation, 30 calendar days to submit an adequate plan to clear the violation with the work to be completed within 120 calendar days after the operator is notified that the abatement plan has been approved or 30 calendar days in which to request an administrative hearing under Sections 120.569 and 120.57, F.S. the plan can propose any combination of screening, relocation, removal, and recycling which will correct the violation. The department will participate in those eligible costs incurred in the initial effort to bring each nonconforming junkyard established prior to december 8, 1971, into compliance if the abatement plan is approved in advance by fhwa. federal funds can participate in any combination of screening, removal, relocation, and recycling of the junk that is necessary to clear the violation as set forth in the approved abatement plan. Abatement plans will be submitted to fhwa for groups of junkyards so that the work can be programmed and authorized as a junkyard abatement project upon approval of the related work. Any proposed screening must comply with the screening criteria listed above. The placement of junk so that it may be seen above or beyond a screen or so that it otherwise becomes visible is a violation of these requirements, even though the existing screening is effective for the junk placed behind the existing fence or screening.

(2) If the junkyard operator does not correct the violation, submit a realistic plan to remove the junk from view, or request an administrative hearing under Section 120.57, F.S., within the 30 day period allowed, the department will initiate the appropriate legal action to obtain compliance with these requirements, including but not limited to the swearing out of warrants under the provisions of Section 339.241(6), F.S., so that the courts can order compliance and assess penalties for noncompliance or abate the violation.

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241 FS. History–New 12-10-72, Amended 6-26-78, Formerly 14-10.51, Amended 6-28-98, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: John Garner, Director, Office of Right of Way
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ananth Prasad, P.E., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 19, 2011