Senate Bill 1006
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Florida Senate - 1998 SB 1006
By the Committee on Natural Resources
312-624B-98
1 A bill to be entitled
2 An act relating to water quality; amending s.
3 373.453, F.S.; specifying priority
4 consideration for surfacewater improvement and
5 management plans; amending s. 381.0065, F.S.;
6 providing requirements to be imposed in areas
7 determined to be nutrient-impaired to improve
8 water quality; amending s. 403.061, F.S.;
9 authorizing the Department of Environmental
10 Protection to adopt rules for stricter
11 permitting and enforcement requirements in
12 nutrient-impaired coastal waters; creating s.
13 403.0863, F.S.; providing special requirements
14 in nutrient-impaired coastal waters and
15 surfacewater improvement and management areas;
16 providing criteria for establishing by rule
17 procedures for determining that coastal waters
18 are nutrient-impaired; amending s. 403.1835,
19 F.S.; providing a priority for funding from the
20 sewage treatment facilities revolving loan
21 program for facilities located within the
22 geographic area encompassed by a plan adopted
23 pursuant to s. 373.456, F.S.; amending s.
24 403.804, F.S.; providing for calculating
25 maximum load for certain constituents for a
26 specific watercourse and water body; requiring
27 the Secretary of Environmental Protection to
28 approve the maximum load calculation after
29 notice of agency action pursuant to ch. 120,
30 F.S., and limiting the point of entry for a
31 challenge to the calculation; authorizing the
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Florida Senate - 1998 SB 1006
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1 department to adopt rules establishing
2 procedures for pollutant trading in areas where
3 a maximum load calculation has been approved;
4 creating s. 514.095, F.S.; authorizing the
5 Department of Health to adopt rules for
6 bacteriological sampling of beach waters and
7 issue health advisories; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (1) of section 373.453, Florida
13 Statutes, is amended to read:
14 373.453 Surface water improvement and management plans
15 and programs.--
16 (1)(a) Each water management district, in cooperation
17 with the department, the Department of Agriculture and
18 Consumer Services, the Department of Community Affairs, the
19 Game and Fresh Water Fish Commission, and local governments
20 shall prepare and maintain a list which shall prioritize water
21 bodies of regional or statewide significance within each water
22 management district. The list shall be reviewed and updated
23 every 3 years. The list shall be based on criteria adopted by
24 rule of the department and shall assign priorities to the
25 water bodies based on their need for protection and
26 restoration.
27 (b) Criteria developed by the department shall
28 include, but need not be limited to, consideration of
29 violations of water quality standards occurring in the water
30 body, the amounts of nutrients entering the water body and the
31 water body's trophic state, the existence of or need for a
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1 continuous aquatic weed control program in the water body, the
2 biological condition of the water body, reduced fish and
3 wildlife values, and threats to agricultural and urban water
4 supplies and public recreational opportunities.
5 (c) In developing their respective priority lists,
6 water management districts shall give consideration to the
7 following priority areas:
8 1. The South Florida Water Management District shall
9 give priority to the restoration needs of Lake Okeechobee,
10 Biscayne Bay, and the Indian River Lagoon system and their
11 tributaries.
12 2. The Southwest Florida Water Management District
13 shall give priority to the restoration needs of Tampa Bay and
14 its tributaries.
15 3. The St. Johns River Water Management District shall
16 give priority to the restoration needs of Lake Apopka, the
17 Lower St. Johns River, and the Indian River Lagoon system and
18 their tributaries.
19 4. All water management districts shall give priority
20 to nutrient-impaired waters as established pursuant to s.
21 403.0863.
22 Section 2. Present paragraphs (l), (m), (n), (o), (p),
23 and (q) of subsection (4) of section 381.0065, Florida
24 Statutes, are redesignated as paragraphs (n), (o), (p), (q),
25 (r), and (s), respectively, and new paragraphs (l) and (m) are
26 added to that subsection to read:
27 381.0065 Onsite sewage treatment and disposal systems;
28 regulation.--
29 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
30 may not construct, repair, modify, abandon, or operate an
31 onsite sewage treatment and disposal system without first
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1 obtaining a permit approved by the department. The department
2 may issue permits to carry out this section. A construction
3 permit is valid for 18 months from the issuance date and may
4 be extended by the department for one 90-day period under
5 rules adopted by the department. A repair permit is valid for
6 90 days from the date of issuance. An operating permit is
7 valid for 1 year from the date of issuance and must be renewed
8 annually. If all information pertaining to the siting,
9 location, and installation conditions or repair of an onsite
10 sewage treatment and disposal system remains the same, a
11 construction or repair permit for the onsite sewage treatment
12 and disposal system may be transferred to another person, if
13 the transferee files, within 60 days after the transfer of
14 ownership, an amended application providing all corrected
15 information and proof of ownership of the property. There is
16 no fee associated with the processing of this supplemental
17 information. A person may not contract to construct, modify,
18 alter, repair, service, abandon, or maintain any portion of an
19 onsite sewage treatment and disposal system without being
20 registered under part III of chapter 489. A property owner
21 who personally performs construction, maintenance, or repairs
22 to a system serving his or her own owner-occupied
23 single-family residence is exempt from registration
24 requirements for performing such construction, maintenance, or
25 repairs on that residence, but is subject to all permitting
26 requirements.
27 (l) Within the geographic area encompassed by
28 surfacewater improvement and management plan adopted pursuant
29 to s. 373.456 and within 1 mile of any coastal waters the
30 Department of Environmental Protection determines to be
31 nutrient-impaired, including any river, stream, channel,
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1 canal, bay, bayou, sound, or other water tributary thereto,
2 the Department of Health and the appropriate local
3 governmental entity must require:
4 1. The owner of an onsite sewage treatment and
5 disposal system to connect to a centralized sewerage system
6 where such a system is available, as provided under s.
7 381.00655(1)(a);
8 2. That all new developments and subdivisions,
9 regardless of size or density, be connected to a centralized
10 sewerage system where such a system is available as defined in
11 subsection (2);
12 3. Where a centralized sewerage system is not
13 available, that all new onsite sewage treatment and disposal
14 systems use the best available technology to ensure that
15 effluent meets, at a minimum, advanced secondary treatment
16 standards as determined by rule of the Department of Health;
17 and
18 4. Where a centralized sewerage system is not
19 available, upon the transfer or sale of any property with an
20 onsite sewage treatment and disposal system, that the onsite
21 sewage treatment and disposal system be inspected and repaired
22 or upgraded, as necessary, to produce an effluent that meets,
23 at a minimum, advanced secondary treatment standards as
24 determined by rule of the Department of Health.
25 (m) In waters that the Department of Environmental
26 Protection determines to be nutrient-impaired, the Department
27 of Health must coordinate with county health departments and
28 local governments in developing programs, including operating
29 permits, to ensure that onsite sewage treatment and disposal
30 systems currently in use do not degrade water quality. An
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1 operating permit must, at a minimum, require proper operation
2 and maintenance of the system.
3 Section 3. Subsection (34) of section 403.061, Florida
4 Statutes, is amended to read:
5 403.061 Department; powers and duties.--The department
6 shall have the power and the duty to control and prohibit
7 pollution of air and water in accordance with the law and
8 rules adopted and promulgated by it and, for this purpose, to:
9 (34) Adopt rules that which may include stricter
10 permitting and enforcement provisions within Outstanding
11 Florida Waters, nutrient-impaired coastal waters under s.
12 403.0863, waters within the geographic area encompassed by a
13 surfacewater improvement and management plan adopted pursuant
14 to s. 373.456, aquatic preserves, areas of critical state
15 concern, and areas subject to chapter 380 resource management
16 plans adopted by rule by the Administration Commission, when
17 the plans for an area include waters that are particularly
18 identified as needing additional protection, which provisions
19 are not inconsistent with the applicable rules adopted for the
20 management of such areas by the department and the Governor
21 and Cabinet.
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23 The department shall implement such programs in conjunction
24 with its other powers and duties and shall place special
25 emphasis on reducing and eliminating contamination that
26 presents a threat to humans, animals or plants, or to the
27 environment.
28 Section 4. Section 403.0863, Florida Statutes, is
29 created to read:
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1 403.0863 Special requirements in nutrient-impaired
2 coastal waters and surfacewater improvement and management
3 areas.--
4 (1) For purposes of this section, the term "coastal
5 waters" means predominantly marine waters as defined in
6 department rule.
7 (2) The department shall implement and enforce the
8 requirements in subsections (4)-(7) for:
9 (a) Any watercourse or water body within the
10 geographic area encompassed by a surfacewater improvement and
11 management plan adopted pursuant to s. 373.456; and
12 (b) Any coastal waters determined by the department to
13 be nutrient-impaired and any river, stream, channel, canal,
14 bay, bayou, sound, or other water tributary thereto.
15 (3) The department shall adopt by rule procedures for
16 determining that coastal waters are nutrient-impaired. For
17 purposes of this chapter, nutrient impairment shall be
18 established using the following criteria, at a minimum:
19 (a) Excessive levels of chlorophyll a as determined by
20 methods established in department rule;
21 (b) Excessive algal growth potential as determined by
22 methods established in department rule;
23 (c) Nutrient concentrations at levels that cause an
24 imbalance in natural populations of aquatic flora or fauna; or
25 (d) A high trophic state index, as determined by
26 methods established in department rule, which is indicative of
27 eutrophic conditions.
28 (4)(a) All new and expanded domestic wastewater
29 facilities that discharge to any of the waters identified in
30 subsection (2) must provide advanced waste treatment as
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1 defined in s. 403.086(4), unless the facility discharges less
2 than 50,000 gallons per day;
3 (b) All existing domestic wastewater facilities that
4 discharge 50,000 gallons per day or more to any of the waters
5 identified in subsection (2) must provide advanced waste
6 treatment as defined in s. 403.086(4) no later than January 1,
7 2004.
8 (5) The department may waive the requirement for
9 advanced waste treatment in subsection (4) if the permit
10 applicant conclusively demonstrates that the proposed
11 discharge, by itself or in combination with other discharges,
12 will not cause or contribute to nutrient impairment.
13 (6) If advanced waste treatment as required in
14 subsection (4) will not prevent the discharge, by itself or in
15 combination with other discharges, from resulting in a
16 violation of state water quality standards, the department
17 shall:
18 (a) Require more stringent or additional effluent
19 limitations;
20 (b) Order the point or method of discharge changed;
21 (c) Limit the duration or volume of discharge; or
22 (d) Prohibit the discharge.
23 (7) Where a maximum load calculation under s. 403.804
24 has been approved, the department may waive the requirement
25 for advanced waste treatment in subsection (4) pursuant to s.
26 403.804(4)(c).
27 Section 5. Subsection (7) of section 403.1835, Florida
28 Statutes, is amended, to read:
29 403.1835 Sewage treatment facilities revolving loan
30 program.--
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1 (7) Eligible projects must be given priority according
2 to the extent each project is intended to remove, mitigate, or
3 prevent adverse effects on surface or ground water quality and
4 public health. However, preference must be given to eligible
5 projects that protect the public health, that or are required
6 by law to eliminate sewage treatment facility discharges into
7 specific bodies of water, or that are located within the
8 geographic area encompassed by any surfacewater improvement
9 and management plan adopted pursuant to s. 373.456.
10 Section 6. Subsection (4) is added to section 403.804,
11 Florida Statutes to read:
12 403.804 Environmental Regulation Commission; powers
13 and duties.--
14 (4)(a) Where the commission has approved in a
15 department rule a numeric or narrative water quality standard
16 for a particular constituent, the department, a water
17 management district, or a local program having delegated
18 authority under s. 403.182 may apply the standard by
19 calculating the constituent's maximum load for a specific
20 watercourse or water body and, where such maximum load is
21 calculated, shall implement the maximum load calculation
22 through its permitting programs.
23 (b) Prior to implementation of the maximum load:
24 1. The department, a water management district, or a
25 local program having delegated authority under s. 403.182 must
26 have prepared a plan of study for the maximum load
27 calculation; and
28 2. The secretary of the department must have approved
29 the maximum load calculation after notice of proposed agency
30 action under chapter 120. The secretary's approval of the
31 maximum load calculation is the sole point of entry for a
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1 challenge to the maximum load calculation for that watercourse
2 or water body.
3 (c) The department, a water management district, or a
4 local program having delegated authority under s. 403.182
5 shall consider the contributions of both point source and
6 nonpoint source pollutant loads in calculating and
7 implementing a maximum load. The department may, by rule,
8 establish procedures for pollutant trading in areas where a
9 maximum load calculation has been approved. Such procedures
10 may be implemented through permits or other authorizations,
11 must be legally binding, and must result in a higher level of
12 water quality protection than could be achieved in the absence
13 of pollutant trading.
14 (d) Rule adoption under chapter 120 is not required to
15 implement the maximum load calculation or to accomplish any
16 other provision of this subsection. This subsection does not
17 alter any applicable state water quality standards or restrict
18 the authority otherwise granted to the department or a water
19 management district under this chapter or chapter 373.
20 Section 7. Section 514.095, Florida Statutes, is
21 created to read:
22 514.095 Beach water sampling; health advisories.--The
23 department may adopt and enforce rules to protect the health,
24 safety, and welfare of persons using beach waters. The rules
25 shall establish health standards and prescribe procedures and
26 timeframes for bacteriological sampling of beach waters.
27 Beach waters include saltwater and brackish water. The
28 department may issue health advisories if beach water quality
29 fails to meet standards established by the department. The
30 authority to issue health advisories related to the
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1 bacteriological sampling results of beach waters is preempted
2 to the state.
3 Section 8. This act shall take effect upon becoming a
4 law.
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7 SENATE SUMMARY
8 Directs the Department of Environmental Protection to
adopt by rule procedures to determine that watersheds are
9 nutrient-impaired. Provides that special requirements be
imposed by the Department of Health and local governments
10 for onsite sewage treatment disposal systems in
nutrient-impaired areas and areas encompassed by
11 surfacewater improvement and management plans. Provides
that special requirements be imposed by the Department of
12 Environmental Protection for domestic wastewater
facilities in nutrient-impaired areas and areas
13 encompassed by surfacewater improvement and management
plans. Provides for calculating maximum load
14 determinations for polluting constituents in water areas.
Limits the point of entry for a challenge to the maximum
15 load calculations. Authorizes the Department of
Environmental Protection to adopt rules for pollutant
16 trading in areas where a maximum load calculation has
been approved. Authorizes the Department of Health to
17 adopt rules for bacteriological sampling of beach waters
and issue health advisories.
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