Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 1576 Ì753618<Î753618 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/01/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment to Amendment (130974) 2 3 Delete lines 315 - 440 4 and insert: 5 project cost unless a specific funding source or sources 6 are identified which will provide more than 75 percent of the 7 total project cost. The Northwest Florida Water Management 8 District and the Suwannee River Water Management District are 9 not required to provide matching funds pursuant to this 10 paragraph. 11 Section 9. Section 373.807, Florida Statutes, is created to 12 read: 13 373.807 Protection of water quality in Outstanding Florida 14 Springs.—By July 1, 2015, the department shall assess each 15 Outstanding Florida Spring for which an impairment determination 16 has not been made under the numeric nutrient standards in effect 17 for spring vents. 18 (1) BASIN MANAGEMENT ACTION PLAN.—By July 1, 2017, the 19 department shall develop basin management action plans, as 20 specified in s. 403.067(7), for Outstanding Florida Springs 21 impaired by nutrients. 22 (2)(a) SPRING ACTION PLAN.—By July 1, 2014, the department 23 shall begin preparation of a spring action plan for each 24 Outstanding Florida Spring that has an adopted basin management 25 action plan or an implemented recovery or prevention strategy, 26 or as soon as a basin management action plan is adopted, a 27 recovery or prevention strategy is implemented, or the 28 department projects the Outstanding Florida Spring will be 29 impaired by nutrients within 20 years. Each initial spring 30 action plan shall be adopted within one year of when the 31 department begins preparation of the spring action plan. 32 Further, the spring action plan must be continually updated to 33 reflect newly added and completed projects. 34 (b) A spring action plan must include all of the following: 35 1. All projects in the basin management action plan which 36 are located fully or partially within a spring protection and 37 management zone. 38 2. All projects in the regional water supply plan which are 39 located fully or partially within a spring protection and 40 management zone. 41 3. All projects included in a recovery or prevention 42 strategy which are located fully or partially within a spring 43 protection and management zone. 44 4. All projects proposed to or by the department that will 45 prevent or stop potential nutrient impairment. 46 5. An estimate of each listed project’s reduction of 47 nutrient loading. 48 6. A map and legal descriptions depicting the spring 49 protection and management zones established pursuant to s. 50 373.803. 51 7. Identification of each point source or category of 52 nonpoint sources, including but not limited to, urban turf 53 fertilizer, sports turf fertilizer, agricultural fertilizer, 54 onsite sewage treatment and disposal systems, wastewater 55 treatment facilities, animal wastes, and stormwater facilities. 56 An estimated allocation of the pollutant load shall be provided 57 for each point source or category of nonpoint sources. 58 (3) REQUIREMENTS.— 59 (a) Within 6 months of the delineation of a spring 60 protection and management zone or zones of an Outstanding 61 Florida Spring that is fully or partially within the 62 jurisdiction of a local government, a local government must 63 develop, enact, and implement an ordinance that meets or exceeds 64 the requirements of the department’s Model Ordinance for 65 Florida-Friendly Fertilizer Use on Urban Landscapes. Such 66 ordinance must require that, within a spring protection and 67 management zone of an Outstanding Florida Spring impaired by 68 nutrients, the nitrogen content of any fertilizer applied to 69 turf or landscape plants may not exceed the lowest, basic 70 maintenance rate of the most recent recommendations by the 71 Institute of Food and Agricultural Sciences. The department 72 shall adopt rules to implement this paragraph which establish 73 reasonable minimum standards and reflect advancements or 74 improvements regarding nutrient load reductions. 75 (b) By July 1, 2016, the owner or operator of each existing 76 wastewater treatment facility in a spring protection and 77 management zone shall file for approval by the department a plan 78 for complying with this paragraph. Upon a showing to the 79 department of inordinate expense or that a delay is in the best 80 interest of the public, the department may grant a local 81 government or wastewater treatment facility an extension of up 82 to 2 years to implement the plan. The owner and operator shall 83 submit a proposal for funding at least once every 2 years until 84 the plan is fully implemented. 85 (c) By July 1, 2016, the department, in consultation with 86 the Department of Health and local governments, must identify 87 onsite sewage treatment and disposal systems within a spring 88 protection and management zone. Within sixty (60) days of the 89 department’s completion of the identification of these systems, 90 the department shall provide the location of these systems to 91 the local governments in which these systems are located. Within 92 1 year of identification of these systems, and in consultation 93 with the department, the local governments in which they are 94 located shall develop an onsite sewage treatment and disposal 95 system remediation plan. For each onsite sewage treatment and 96 disposal system or group of systems, the plan must include 97 whether the systems require upgrading, connection to a central 98 sewerage system, or no action. The plan must also include a 99 priority ranking for each system or group of systems that 100 require remediation. Each remediation plan must be submitted to 101 the department for approval. In reviewing and approving the 102 remediation plans, the department shall consider, at a minimum: 103 1. The density of the onsite sewage treatment and disposal 104 systems. 105 2. The number of onsite sewage treatment and disposal 106 systems. 107 3. The proximity of the onsite sewage treatment and 108 disposal system or systems to an Outstanding Florida Spring 109 4. The estimated nutrient loading of the onsite sewage 110 treatment and disposal system or systems. 111 5. The cost of the proposed remedial action. 112 (d) Remedial actions required under this paragraph are not 113 required until adequate funding for the specific project is 114 provided pursuant to s. 373.808. As used in this paragraph, the 115 term “adequate funding” means that the department has agreed to 116 provide 100 percent of the state’s portion of funding requested 117 for the project under s. 373.808. The provisions of this 118 paragraph are supplemental to any other specific requirements or 119 authority provided by law. 120 1. By July 1, 2021, the owner or operator of each existing 121 wastewater treatment facility in a spring protection and 122 management zone shall meet a standard of no more than 3 mg/L 123 Total Nitrogen, expressed as N, on an annual permitted basis, 124 unless granted a variance or exemption pursuant to s. 373.813. 125 2. By July 1, 2019, each agricultural producer in a spring 126 protection and management zone must implement best management 127 practices or other measures necessary to achieve pollution 128 reduction levels established by the department. The Department 129 of Agriculture and Consumers Services, in consultation with the 130 department, shall adopt rules to implement this subparagraph. 131 3. Within 6 months after approval of the onsite sewage 132 treatment and