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:

10

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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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.

27

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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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.

30

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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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.

29

30  The department shall implement such programs in conjunction

31  with its other powers and duties and shall place special

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    Florida Senate - 1998                 SB 1334 (Corrected Copy)
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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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  7            *****************************************

  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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