Senate Bill 1334
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Florida Senate - 1998 SB 1334 (Corrected Copy)
By Senator Latvala
312-949A-98
1 A bill to be entitled
2 An act relating to rulemaking authority of the
3 Department of Environmental Protection (RAB);
4 amending s. 403.061, F.S.; authorizing the
5 adoption of rules on quality-assurance
6 requirements for environmental data submitted
7 to the department; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Section 403.061, Florida Statutes, is
12 amended to read:
13 403.061 Department; powers and duties.--The department
14 shall have the power and the duty to control and prohibit
15 pollution of air and water in accordance with the law and
16 rules adopted and promulgated by it and, for this purpose, to:
17 (1) Approve and promulgate current and long-range
18 plans developed to provide for air and water quality control
19 and pollution abatement.
20 (2) Hire only such employees as may be necessary to
21 effectuate the responsibilities of the department.
22 (3) Utilize the facilities and personnel of other
23 state agencies, including the Department of Health and
24 Rehabilitative Services, and delegate to any such agency any
25 duties and functions as the department may deem necessary to
26 carry out the purposes of this act.
27 (4) Secure necessary scientific, technical, research,
28 administrative, and operational services by interagency
29 agreement, by contract, or otherwise. All state agencies,
30 upon direction of the department, shall make these services
31 and facilities available.
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1 (5) Accept state appropriations and loans and grants
2 from the Federal Government and from other sources, public or
3 private, which loans and grants shall not be expended for
4 other than the purposes of this act.
5 (6) Exercise general supervision of the administration
6 and enforcement of the laws, rules, and regulations pertaining
7 to air and water pollution.
8 (7) Adopt, modify, and repeal rules and regulations to
9 carry out the intent and purposes of this act. Any rule or
10 regulation adopted pursuant to this act shall be consistent
11 with the provisions of federal law, if any, relating to
12 control of emissions from motor vehicles, effluent
13 limitations, pretreatment requirements, or standards of
14 performance. No county, municipality, or political subdivision
15 shall adopt or enforce any local ordinance, special law, or
16 local regulation requiring the installation of Stage II vapor
17 recovery systems, as currently defined by department rule,
18 unless such county, municipality, or political subdivision is
19 or has been in the past designated by federal regulation as a
20 moderate, serious, or severe ozone nonattainment area. Rules
21 adopted pursuant to this act shall not require dischargers of
22 waste into waters of the state to improve natural background
23 conditions. Discharges from steam electric generating plants
24 existing or licensed under this chapter on July 1, 1984, shall
25 not be required to be treated to a greater extent than may be
26 necessary to assure that the quality of nonthermal components
27 of discharges from nonrecirculated cooling water systems is as
28 high as the quality of the makeup waters; that the quality of
29 nonthermal components of discharges from recirculated cooling
30 water systems is no lower than is allowed for blowdown from
31 such systems; or that the quality of noncooling system
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1 discharges which receive makeup water from a receiving body of
2 water which does not meet applicable department water quality
3 standards is as high as the quality of the receiving body of
4 water. The department may not adopt standards more stringent
5 than federal regulations, except as provided in s. 403.804.
6 (8) Issue such orders as are necessary to effectuate
7 the control of air and water pollution and enforce the same by
8 all appropriate administrative and judicial proceedings.
9 (9) Adopt a comprehensive program for the prevention,
10 control, and abatement of pollution of the air and waters of
11 the state, and from time to time review and modify such
12 program as necessary.
13 (10) Develop a comprehensive program for the
14 prevention, abatement, and control of the pollution of the
15 waters of the state. In order to effect this purpose, a
16 grouping of the waters into classes may be made in accordance
17 with the present and future most beneficial uses. Such
18 classifications may from time to time be altered or modified.
19 However, before any such classification is made, or any
20 modification made thereto, public hearings shall be held by
21 the department.
22 (11) Establish ambient air quality and water quality
23 standards for the state as a whole or for any part thereof,
24 and also standards for the abatement of excessive and
25 unnecessary noise. The department is authorized to establish
26 reasonable zones of mixing for discharges into waters.
27 (a) When a receiving body of water fails to meet a
28 water quality standard for pollutants set forth in department
29 rules, a steam electric generating plant discharge of
30 pollutants that is existing or licensed under this chapter on
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1 July 1, 1984, may nevertheless be granted a mixing zone,
2 provided that:
3 1. The standard would not be met in the water body in
4 the absence of the discharge;
5 2. The discharge is in compliance with all applicable
6 technology-based effluent limitations;
7 3. The discharge does not cause a measurable increase
8 in the degree of noncompliance with the standard at the
9 boundary of the mixing zone; and
10 4. The discharge otherwise complies with the mixing
11 zone provisions specified in department rules.
12 (b) No mixing zone for point source discharges shall
13 be permitted in Outstanding Florida Waters except for:
14 1. Sources which have received permits from the
15 department prior to April 1, 1982, or the date of designation,
16 whichever is later;
17 2. Blowdown from new power plants certified pursuant
18 to the Florida Electrical Power Plant Siting Act; and
19 3. Discharges of water necessary for water management
20 purposes which have been approved by the governing board of a
21 water management district and, if required by law, by the
22 secretary.
23 (c) The department, by rule, shall establish water
24 quality criteria for wetlands which criteria give appropriate
25 recognition to the water quality of such wetlands in their
26 natural state.
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28 Nothing in this act shall be construed to invalidate any
29 existing department rule relating to mixing zones. The
30 department shall cooperate with the Department of Highway
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1 Safety and Motor Vehicles in the development of regulations
2 required by s. 316.272(1).
3 (12)(a) Cause field studies to be made and samples to
4 be taken out of the air and from the waters of the state
5 periodically and in a logical geographic manner so as to
6 determine the levels of air quality of the air and water
7 quality of the waters of the state.
8 (b) Determine the source of the pollution whenever a
9 study is made or a sample collected which proves to be below
10 the air or water quality standard set for air or water.
11 (13) Require persons engaged in operations which may
12 result in pollution to file reports which may contain
13 information relating to locations, size of outlet, height of
14 outlet, rate and period of emission, and composition and
15 concentration of effluent and such other information as the
16 department shall prescribe to be filed relative to pollution.
17 (14) Establish a permit system whereby a permit may be
18 required for the operation, construction, or expansion of any
19 installation that may be a source of air or water pollution
20 and provide for the issuance and revocation of such permits
21 and for the posting of an appropriate bond to operate.
22 (a) Notwithstanding any other provision of this
23 chapter, the department may authorize, by rule, the Department
24 of Transportation to perform any activity requiring a permit
25 from the department covered by this chapter, upon
26 certification by the Department of Transportation that it will
27 meet all requirements imposed by statute, rule, or standard
28 for environmental control and protection as such statute,
29 rule, or standard applies to a governmental program. To this
30 end, the department may accept such certification of
31 compliance for programs of the Department of Transportation,
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1 may conduct investigations for compliance, and, if a violation
2 is found to exist, may take all necessary enforcement action
3 pertaining thereto, including, but not limited to, the
4 revocation of certification. The authorization shall be by
5 rule of the department, shall be limited to the maintenance,
6 repair, or replacement of existing structures, and shall be
7 conditioned upon compliance by the Department of
8 Transportation with specific guidelines or requirements which
9 are set forth in the formal acceptance and deemed necessary by
10 the department to assure future compliance with this chapter
11 and applicable department rules. The failure of the Department
12 of Transportation to comply with any provision of the written
13 acceptance shall constitute grounds for its revocation by the
14 department.
15 (b) The provisions of chapter 120 shall be accorded
16 any person when substantial interests will be affected by an
17 activity proposed to be conducted by the Department of
18 Transportation pursuant to its certification and the
19 acceptance of the department. If a proceeding is conducted
20 pursuant to ss. 120.569 and 120.57, the department may
21 intervene as a party. Should an administrative law judge of
22 the Division of Administrative Hearings of the Department of
23 Management Services submit a recommended order pursuant to ss.
24 120.569 and 120.57, the department shall issue a final
25 department order adopting, rejecting, or modifying the
26 recommended order pursuant to such action.
27 (15) Consult with any person proposing to construct,
28 install, or otherwise acquire a pollution control device or
29 system concerning the efficacy of such device or system, or
30 the pollution problem which may be related to the source,
31 device, or system. Nothing in any such consultation shall be
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1 construed to relieve any person from compliance with this act,
2 rules and regulations of the department, or any other
3 provision of law.
4 (16) Encourage voluntary cooperation by persons and
5 affected groups to achieve the purposes of this act.
6 (17) Encourage local units of government to handle
7 pollution problems within their respective jurisdictions on a
8 cooperative basis and provide technical and consultative
9 assistance therefor.
10 (18) Encourage and conduct studies, investigations,
11 and research relating to pollution and its causes, effects,
12 prevention, abatement, and control.
13 (19) Make a continuing study of the effects of the
14 emission of air contaminants from motor vehicles on the
15 quality of the outdoor atmosphere of this state and the
16 several parts thereof and make recommendations to appropriate
17 public and private bodies with respect thereto.
18 (20) Collect and disseminate information and conduct
19 educational and training programs relating to pollution.
20 (21) Advise, consult, cooperate, and enter into
21 agreements with other agencies of the state, the Federal
22 Government, other states, interstate agencies, groups,
23 political subdivisions, and industries affected by the
24 provisions of this act, rules, or policies of the department.
25 However, the secretary of the department shall not enter into
26 any interstate agreement relating to the transport of ozone
27 precursor pollutants, nor modify its rules based upon a
28 recommendation from the Ozone Transport Assessment Group or
29 any other such organization that is not an official
30 subdivision of the United States Environmental Protection
31 Agency but which studies issues related to the transport of
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1 ozone precursor pollutants, without prior review and specific
2 legislative approval.
3 (22) Adopt, modify, and repeal rules governing the
4 specifications, construction, and maintenance of industrial
5 reservoirs, dams, and containers which store or retain
6 industrial wastes of a deleterious nature.
7 (23) Adopt rules and regulations to ensure that no
8 detergents are sold in Florida after December 31, 1972, which
9 are reasonably found to have a harmful or deleterious effect
10 on human health or on the environment. Any regulations adopted
11 pursuant to this subsection shall apply statewide. Subsequent
12 to the promulgation of such rules and regulations, no county,
13 municipality, or other local political subdivision shall adopt
14 or enforce any local ordinance, special law, or local
15 regulation governing detergents which is less stringent than
16 state law or regulation. Regulations, ordinances, or special
17 acts adopted by a county or municipality governing detergents
18 shall be subject to approval by the department, except that
19 regulations, ordinances, or special acts adopted by any county
20 or municipality with a local pollution control program
21 approved pursuant to s. 403.182 shall be approved as an
22 element of the local pollution control program.
23 (24)(a) Establish a permit system to provide for spoil
24 site approval, as may be requested and required by local
25 governmental agencies as defined in s. 403.1822(3), or
26 mosquito control districts as defined in s. 388.011(5), to
27 facilitate these agencies in providing spoil sites for the
28 deposit of spoil from maintenance dredging of navigation
29 channels, port harbors, turning basins, and harbor berths, as
30 part of a federal project, when the agency is acting as
31 sponsor of a contemplated dredge and fill operation involving
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1 an established navigation channel, harbor, turning basin, or
2 harbor berth. A spoil site approval granted to the agency
3 shall be granted for a period of 10 to 25 years when such site
4 is not inconsistent with an adopted local governmental
5 comprehensive plan and the requirements of this chapter. The
6 department shall periodically review each permit to determine
7 compliance with the terms and conditions of the permit. Such
8 review shall be conducted at least once every 10 years.
9 (b) This subsection applies only to those maintenance
10 dredging operations permitted after July 1, 1980, where the
11 United States Army Corps of Engineers is the prime dredge and
12 fill agent and the local governmental agency is acting as
13 sponsor for the operation, and does not require the
14 redesignation of currently approved spoil sites under such
15 previous operations.
16 (25) Establish and administer a program for the
17 restoration and preservation of bodies of water within the
18 state. The department shall have the power to acquire lands,
19 to cooperate with other applicable state or local agencies to
20 enhance existing public access to such bodies of water, and to
21 adopt all rules necessary to accomplish this purpose.
22 (26)(a) Develop standards and criteria for waters used
23 for deepwater shipping which standards and criteria consider
24 existing water quality; appropriate mixing zones and other
25 requirements for maintenance dredging in previously
26 constructed deepwater navigation channels, port harbors,
27 turning basins, or harbor berths; and appropriate mixing zones
28 for disposal of spoil material from dredging and, where
29 necessary, develop a separate classification for such waters.
30 Such classification, standards, and criteria shall recognize
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1 that the present dedicated use of these waters is for
2 deepwater commercial navigation.
3 (b) The provisions of paragraph (a) apply only to the
4 port waters, spoil disposal sites, port harbors, navigation
5 channels, turning basins, and harbor berths used for deepwater
6 commercial navigation in the ports of Jacksonville, Tampa,
7 Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
8 Beach, Port Manatee, Port St. Joe, Panama City, St.
9 Petersburg, Port Bartow, Florida Power Corporation's Crystal
10 River Canal, Boca Grande, Green Cove Springs, and Pensacola.
11 (27) Establish rules which provide for a special
12 category of water bodies within the state, to be referred to
13 as "Outstanding Florida Waters," which water bodies shall be
14 worthy of special protection because of their natural
15 attributes. Nothing in this subsection shall affect any
16 existing rule of the department.
17 (28) Perform any other act necessary to control and
18 prohibit air and water pollution, and to delegate any of its
19 responsibilities, authority, and powers, other than rulemaking
20 powers, to any state agency now or hereinafter established.
21 (29) Adopt by rule special criteria to protect Class
22 II shellfish harvesting waters. Rules previously adopted by
23 the department in rule 17-4.28(8)(a), Florida Administrative
24 Code, are hereby ratified and determined to be a valid
25 exercise of delegated legislative authority and shall remain
26 in effect unless amended by the Environmental Regulation
27 Commission.
28 (30) Establish requirements by rule that reasonably
29 protect the public health and welfare from electric and
30 magnetic fields associated with existing 230 kV or greater
31 electrical transmission lines, new 230 kV and greater
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1 electrical transmission lines for which an application for
2 certification under the Transmission Line Siting Act, ss.
3 403.52-403.5365, is not filed, new or existing electrical
4 transmission or distribution lines with voltage less than 230
5 kV, and substation facilities. Notwithstanding any other
6 provision in this chapter or any other law of this state or
7 political subdivision thereof, the department shall have
8 exclusive jurisdiction in the regulation of electric and
9 magnetic fields associated with all electrical transmission
10 and distribution lines and substation facilities. However,
11 nothing herein shall be construed as superseding or repealing
12 the provisions of s. 403.523(1) and (10).
13 (31) Adopt rules necessary to obtain approval from the
14 United States Environmental Protection Agency to administer
15 the Federal National Pollution Discharge Elimination System
16 (NPDES) permitting program in Florida under ss. 318, 402, and
17 405 of the Federal Clean Water Act, Pub. L. No. 92-500, as
18 amended. This authority shall be implemented consistent with
19 the provisions of part II, which shall be applicable to
20 facilities certified thereunder. The department shall
21 establish all rules, standards, and requirements that regulate
22 the discharge of pollutants into waters of the United States
23 as defined by and in a manner consistent with federal
24 regulations; provided, however, that the department may adopt
25 a standard that is stricter or more stringent than one set by
26 the United States Environmental Protection Agency if approved
27 by the Governor and Cabinet in accordance with the procedures
28 of s. 403.804(2).
29 (32) Coordinate the state's stormwater program.
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1 (33) Establish and administer programs providing
2 appropriate incentives that have the following goals, in order
3 of importance:
4 (a) Preventing and reducing pollution at its source.
5 (b) Recycling contaminants that have the potential to
6 pollute.
7 (c) Treating and neutralizing contaminants that are
8 difficult to recycle.
9 (d) Disposing of contaminants only after other options
10 have been used to the greatest extent practicable.
11 (34) Adopt rules which may include stricter permitting
12 and enforcement provisions within Outstanding Florida Waters,
13 aquatic preserves, areas of critical state concern, and areas
14 subject to chapter 380 resource management plans adopted by
15 rule by the Administration Commission, when the plans for an
16 area include waters that are particularly identified as
17 needing additional protection, which provisions are not
18 inconsistent with the applicable rules adopted for the
19 management of such areas by the department and the Governor
20 and Cabinet.
21 (35) Exercise the duties, powers, and responsibilities
22 required of the state under the federal Clean Air Act, 42
23 U.S.C. ss. 7401 et seq. The department shall implement the
24 programs required under that act in conjunction with its other
25 powers and duties. Nothing in this subsection shall be
26 construed to repeal or supersede any of the department's
27 existing rules.
28 (36) Establish statewide standards for persons engaged
29 in determining visible air emissions and to require these
30 persons to obtain training to meet such standards.
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1 (37) Enter into a memorandum of agreement with the
2 Florida Ports Council which provides a supplemental permitting
3 process for the issuance of a joint coastal permit pursuant to
4 s. 161.055 or environmental resource permit pursuant to part
5 IV of chapter 373, to a port listed in s. 311.09(1), for
6 maintenance dredging and the management of dredged materials
7 from maintenance dredging of all navigation channels, port
8 harbors, turning basins, and harbor berths. Such permit shall
9 be issued for a period of 5 years and shall be annually
10 extended for an additional year if the port is in compliance
11 with all permit conditions at the time of extension.
12 (38) Enter into a memorandum of agreement with the
13 Florida Ports Council which provides a supplemental permitting
14 process for the issuance of a conceptual joint coastal permit
15 pursuant to s. 161.055 or environmental resource permit
16 pursuant to part IV of chapter 373, to a port listed in s.
17 311.09(1), for dredging and the management of materials from
18 dredging and for other related activities necessary for
19 development, including the expansion of navigation channels,
20 port harbors, turning basins, harbor berths, and associated
21 facilities. Such permit shall be issued for a period of up to
22 15 years.
23 (39) Establish, by rule, appropriate quality-assurance
24 requirements for environmental data submitted to the
25 department and the criteria by which environmental data may be
26 rejected by the department. The rules may be in addition to
27 any laboratory-certification provisions under ss. 403.0625 and
28 403.863.
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30 The department shall implement such programs in conjunction
31 with its other powers and duties and shall place special
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1 emphasis on reducing and eliminating contamination that
2 presents a threat to humans, animals or plants, or to the
3 environment.
4 Section 2. This act shall take effect upon becoming a
5 law.
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8 SENATE SUMMARY
9 Authorizes the Department of Environmental Protection to
adopt rules on quality-assurance requirements for
10 environmental data submitted to the department.
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