Senate Bill 2282e1
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1 A bill to be entitled
2 An act relating to implementation of water
3 quality standards; amending s. 403.031, F.S.;
4 defining the term "total maximum daily load";
5 creating s. 403.067, F.S.; providing
6 legislative findings and intent; requiring the
7 Department of Environmental Protection to
8 periodically submit to the United States
9 Environmental Protection Agency a list of
10 surface waters or segments for which total
11 maximum daily load assessments will be
12 conducted; providing that the list cannot be
13 used in the administration or implementation of
14 any regulatory program; providing for public
15 comment on the list; requiring the Department
16 of Environmental Protection to conduct total
17 maximum daily load assessments on water bodies
18 based on the priority ranking and schedule;
19 requiring the Department of Environmental
20 Protection to adopt a methodology for
21 determining those water bodies which are
22 impaired by rule; specifying what the rule
23 shall set forth; providing for the adoption of
24 a subsequent updated list of water bodies for
25 which total maximum daily loads will be
26 calculated under certain circumstances;
27 providing for the removal of surface waters or
28 segments under certain conditions; providing
29 for the process for calculating and allocating
30 total maximum daily loads; providing that the
31 Department of Environmental Protection must
1
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1 submit a report by February 1, 2001, to the
2 Governor, the President of the Senate, and the
3 Speaker of the House of Representatives which
4 contains recommendations and draft legislation
5 for any modifications to the process for
6 allocating total maximum daily loads; requiring
7 that the recommendations be developed by the
8 department in cooperation with a technical
9 committee; providing that the total maximum
10 daily load calculations and allocations shall
11 be adopted by rule; providing for public
12 workshops and public notice; providing that the
13 Department of Environmental Protection shall be
14 the lead agency in coordinating the
15 implementation of the total maximum daily load
16 allocation through water quality protection
17 programs; authorizing the department to develop
18 a basin plan requiring the department to
19 cooperatively develop suitable interim
20 measures, best management practices, or other
21 measures necessary to achieve the level of
22 pollution reduction established in allocations
23 for nonagricultural nonpoint pollutant sources;
24 requiring the Department of Agriculture and
25 Consumer Services to develop, and to adopt by
26 rule at its discretion, certain interim
27 measures or best management practices necessary
28 to achieve the level of pollution reduction
29 established in allocations of agricultural
30 pollutant sources; authorizing the Department
31 of Environmental Protection to adopt certain
2
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1 rules; prohibiting the Department of
2 Environmental Protection from implementing,
3 without prior legislative approval, any
4 additional regulatory authority pursuant to the
5 Clean Water Act; amending s. 403.805, F.S.;
6 providing for the powers and duties of the
7 secretary; requiring the Department of
8 Environmental Protection, in coordination with
9 the water management district and the
10 Department of Agriculture and Consumer
11 Services, to evaluate the effectiveness of the
12 implementation of total maximum daily loads for
13 a specific period and to report to the Governor
14 and the Legislature; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Short title.--This act may be cited as the
20 "Florida Watershed Restoration Act."
21 Section 2. Subsection (21) is added to section
22 403.031, Florida Statutes, to read:
23 403.031 Definitions.--In construing this chapter, or
24 rules and regulations adopted pursuant hereto, the following
25 words, phrases, or terms, unless the context otherwise
26 indicates, have the following meanings:
27 (21) "Total maximum daily load" is defined as the sum
28 of the individual wasteload allocations for point sources and
29 the load allocations for nonpoint sources and natural
30 background. Prior to determining individual wasteload
31 allocations and load allocations, the maximum amount of a
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1 pollutant that a water body or water segment can assimilate
2 from all sources without exceeding water quality standards
3 must first be calculated.
4 Section 3. Section 403.067, Florida Statutes, is
5 created to read:
6 403.067 Establishment and implementation of total
7 maximum daily loads.--
8 (1) LEGISLATIVE FINDINGS AND INTENT.--In furtherance
9 of public policy established in s. 403.021, the Legislature
10 declares that the waters of the state are among its most basic
11 resources and that the development of a total maximum daily
12 load program for state waters as required by ss. 303(d) of the
13 Clean Water Act. Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et
14 seq. will promote improvements in water quality throughout the
15 state through the coordinated control of point and nonpoint
16 sources of pollution. The Legislature finds that, while point
17 and nonpoint sources of pollution have been managed through
18 numerous programs, better coordination among these efforts and
19 additional management measures may be needed in order to
20 achieve the restoration of impaired water bodies. The
21 scientifically based total maximum daily load program is
22 necessary to fairly and equitably allocate pollution loads to
23 both nonpoint and point sources. Implementation of the
24 allocation shall include consideration of a cost-effective
25 approach coordinated between contributing point and nonpoint
26 sources of pollution for impaired water bodies or water body
27 segments and may include the opportunity to implement the
28 allocation through non-regulatory and incentive-based
29 programs. The Legislature further declares that the Department
30 of Environmental Protection shall be the lead agency in
31 administering this program and shall coordinate with local
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1 governments, water management districts, the Department of
2 Agriculture and Consumer Services, local soil and water
3 conservation districts, environmental groups, regulated
4 interests, other appropriate state agencies, and affected
5 pollution sources in developing and executing the total
6 maximum daily load program.
7 (2) LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
8 with ss. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
9 U.S.C. ss. 1251 et seq., the department must submit
10 periodically to the United States Environmental Protection
11 Agency a list of surface waters or segments for which total
12 maximum daily load assessments will be conducted. The
13 assessments shall evaluate the water quality conditions of the
14 listed waters and, if such waters are determined not to meet
15 water quality standards, total maximum daily loads shall be
16 established, subject to the provisions of s. 403.067(4). The
17 department shall establish a priority ranking and schedule for
18 analyzing such waters.
19 (a) The list, priority ranking, and schedule cannot be
20 used in the administration or implementation of any regulatory
21 program. However, this paragraph does not prohibit any agency
22 from employing the data or other information used to establish
23 the list, priority ranking, or schedule in administering any
24 program.
25 (b) The list, priority ranking, and schedule prepared
26 under this subsection shall be made available for public
27 comment, but shall not be subject to challenge under chapter
28 120.
29 (c) The provisions of this subsection are applicable
30 to all lists prepared by the department and submitted to the
31 United States Environmental Protection Agency pursuant to
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1 section ss. 303(d) of the Clean Water Act. Pub. L. No. 92-500,
2 33 U.S.C. ss. 1251 et seq., including those submitted prior to
3 the effective date of this act, except as provided in s.
4 403.067(4).
5 (d) If the department proposes to implement total
6 maximum daily load calculations or allocations established
7 prior to the effective date of this act, the department shall
8 adopt those calculations and allocations by rule by the
9 secretary pursuant to ss. 120.54, 120.536(1) and
10 403.067(6)(d).
11 (3) ASSESSMENT.--
12 (a) Based on the priority ranking and schedule for a
13 particular listed water body or water body segment, the
14 department shall conduct a total maximum daily load assessment
15 of the basin in which the water body or water body segment is
16 located using the methodology developed pursuant to s.
17 403.067(3)(b). In conducting this assessment, the department
18 shall coordinate with the local water management district, the
19 Department of Agriculture and Consumer Services, other
20 appropriate state agencies, soil and water conservation
21 districts, environmental groups, regulated interests, and
22 other interested parties.
23 (b) The department shall adopt by rule a methodology
24 for determining those waters which are impaired. The rule
25 shall provide for consideration as to whether water quality
26 standards codified in chapter 62-302, Florida Administrative
27 Code, are being exceeded, based on objective and credible
28 data, studies and reports, including surface water improvement
29 and management plans approved by water management districts
30 under s. 373.456 and pollutant load reduction goals developed
31 according to department rule. Such rule also shall set forth:
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1 1. Water quality sample collection and analysis
2 requirements, accounting for ambient background conditions,
3 seasonal and other natural variations;
4 2. Approved methodologies;
5 3. Quality assurance and quality control protocols;
6 4. Data modeling; and
7 5. Other appropriate water quality assessment
8 measures.
9 (c) If the department has adopted a rule establishing
10 a numerical criterion for a particular pollutant, a narrative
11 or biological criterion may not be the basis for determining
12 an impairment in connection with that pollutant unless the
13 department identifies specific factors as to why the numerical
14 criterion is not adequate to protect water quality. If water
15 quality non-attainment is based on narrative or biological
16 criteria, the specific factors concerning particular
17 pollutants shall be identified prior to a total maximum daily
18 load being developed for those criteria for that surface water
19 or surface water segment.
20 (4) APPROVED LIST.--If the department determines,
21 based on the total maximum daily load assessment methodology
22 described in s. 403.067(3), that water quality standards are
23 not being achieved and that technology-based effluent
24 limitations and other pollution control programs under local,
25 state, or federal authority, including Everglades restoration
26 activities pursuant to s. 373.4592 and the National Estuary
27 Program, which are designed to restore such waters for the
28 pollutant of concern are not sufficient to result in
29 attainment of applicable surface water quality standards, it
30 shall confirm that determination by issuing a subsequent,
31 updated list of those water bodies or segments for which total
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1 maximum daily loads will be calculated. In association with
2 this updated list the department shall establish priority
3 rankings and schedules by which water bodies or segments will
4 be subjected to total maximum daily load calculations. If a
5 surface water or water segment is to be listed under this
6 subsection, the department must specify the particular
7 pollutants causing the impairment and the concentration of
8 those pollutants causing the impairment relative to the water
9 quality standard. This updated list shall be approved and
10 amended by order of the department subsequent to completion of
11 an assessment of each water body or water body segment, and
12 submitted to the United States Environmental Protection
13 Agency. Each order shall be subject to challenge under ss.
14 120.569 and 120.57.
15 (5) REMOVAL FROM LIST.--At any time throughout the
16 total maximum daily load process, surface waters or segments
17 evaluated or listed under this section shall be removed from
18 the lists described in s. 403.067(2) or s. 403.067(4) upon
19 demonstration that water quality criteria are being attained,
20 based on data equivalent to that required by rule under s.
21 403.067(3).
22 (6) CALCULATION AND ALLOCATION.--
23 (a) Calculation of total maximum daily load.
24 1. Prior to developing a total maximum daily load
25 calculation for each water body or water body segment on the
26 list specified in s. 403.067(4), the department shall
27 coordinate with applicable local governments, water management
28 districts, the Department of Agriculture and Consumer
29 Services, other appropriate state agencies, local soil and
30 water conservation districts, environmental groups, regulated
31 interests, and affected pollution sources to determine the
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1 information required, accepted methods of data collection and
2 analysis, and quality control/quality assurance requirements.
3 The analysis may include mathematical water quality modeling
4 using approved procedures and methods.
5 2. The department shall develop total maximum daily
6 load calculations for each water body or water body segment on
7 the list described in s. 403.067(4) according to the priority
8 ranking and schedule unless the impairment of such waters is
9 due solely to activities other than point and nonpoint sources
10 of pollution. For waters determined to be impaired due solely
11 to factors other than point and nonpoint sources of pollution,
12 no total maximum daily load will be required. A total maximum
13 daily load may be required for those waters that are impaired
14 predominantly due to activities other than point and nonpoint
15 sources. The total maximum daily load calculation shall
16 establish the amount of a pollutant that a water body or water
17 body segment can assimilate without exceeding water quality
18 standards, and shall account for seasonal variations and
19 include a margin of safety that takes into account any lack of
20 knowledge concerning the relationship between effluent
21 limitations and water quality. The total maximum daily load
22 may be based on a pollutant load reduction goal developed by a
23 water management district, provided that such pollutant load
24 reduction goal is promulgated by the department in accordance
25 with the procedural and substantive requirements of this
26 subsection.
27 (b) Allocation of total maximum daily loads. The total
28 maximum daily loads shall include establishment of reasonable
29 and equitable allocations of the total maximum daily load
30 among point and nonpoint sources that will alone, or in
31 conjunction with other management and restoration activities,
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1 provide for the attainment of water quality standards and the
2 restoration of impaired waters. The allocations shall
3 establish the maximum amount of the water pollutant from a
4 given source or category of sources that may be discharged or
5 released into the water body or water body segment in
6 combination with other discharges or releases. Such
7 allocations shall be designed to attain water quality
8 standards and shall be based on consideration of the
9 following:
10 1. Existing treatment levels and management practices;
11 2. Differing impacts pollutant sources may have on
12 water quality;
13 3. The availability of treatment technologies,
14 management practices, or other pollutant reduction measures;
15 4. Environmental, economic, and technological
16 feasibility of achieving the allocation;
17 5. The cost benefit associated with achieving the
18 allocation;
19 6. Reasonable timeframes for implementation;
20 7. Potential applicability of any moderating
21 provisions such as variances, exemptions, and mixing zones;
22 and
23 8. The extent to which nonattainment of water quality
24 standards is caused by pollution sources outside of Florida,
25 discharges that have ceased, or alterations to water bodies
26 prior to the date of this act.
27 (c) Not later than February 1, 2001, the department
28 shall submit a report to the Governor, the President of the
29 Senate, and the Speaker of the House of Representatives
30 containing recommendations, including draft legislation, for
31 any modifications to the process for allocating total maximum
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1 daily loads, including the relationship between allocations
2 and the basin planning process. Such recommendations shall be
3 developed by the department in cooperation with a technical
4 advisory committee which includes representatives of affected
5 parties, environmental organizations, water management
6 districts, and other appropriate local, state, and federal
7 government agencies. The technical advisory committee shall
8 also include such members as may be designated by the
9 President of the Senate and the Speaker of the House of
10 Representatives.
11 (d) The total maximum daily load calculations and
12 allocations for each water body or water body segment shall be
13 adopted by rule by the secretary pursuant to ss. 120.54 and
14 120.536(1), and 403.805. The rules adopted pursuant to this
15 paragraph shall not be subject to approval by the
16 Environmental Regulation Commission. As part of the rule
17 development process, the department shall hold at least one
18 public workshop in the vicinity of the water body or water
19 body segment for which the total maximum daily load is being
20 developed. Notice of the public workshop shall be published
21 not less than 5 days nor more than 15 days before the public
22 workshop in a newspaper of general circulation in the county
23 or counties containing the water bodies or water body segments
24 for which the total maximum daily load calculation and
25 allocation are being developed.
26 (7) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
27 (a) The department shall be the lead agency in
28 coordinating the implementation of the total maximum daily
29 load allocation through water quality protection
30 programs. Application of a total maximum daily load
31 calculation or allocation by a water management district shall
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1 be consistent with this section and shall not require the
2 issuance of an order or a separate action pursuant to s.
3 120.54 or s. 120.536(1) for adoption of the calculation and
4 allocation previously established by the department. Such
5 programs may include, but are not limited to:
6 1. Permitting and other existing regulatory programs;
7 2. Nonregulatory and incentive-based programs,
8 including best management practices, cost sharing, waste
9 minimization, pollution prevention, and public education;
10 3. Other water quality management and restoration
11 activities, for example surface water improvement and
12 management plans approved by water management districts under
13 s. 373.456;
14 4. Pollutant trading or other equitable economically
15 based agreements;
16 5. Public works including capital facilities; or
17 6. Land acquisition.
18 (b) In developing and implementing the total maximum
19 daily load allocation, the department may develop a basin
20 plan. The basin plan will serve to fully integrate all the
21 management strategies available to the state for the purpose
22 of achieving water quality restoration. The basin planning
23 process is intended to involve the broadest possible range of
24 interested parties, with the objective of encouraging the
25 greatest amount of cooperation and consensus possible. The
26 department shall hold at least one public meeting in the
27 vicinity of the basin to discuss and receive comments during
28 the basin planning process and shall otherwise encourage
29 public participation to the greatest practical extent. Notice
30 of the public meeting shall be published in a newspaper of
31 general circulation in each county in which the basin lies not
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1 less than 5 days nor more than 15 days before the public
2 meeting. A basin plan shall not supplant or otherwise alter
3 any assessment made under s. 403.086(3) and s.403.086(4), or
4 any calculation or allocation made under s. 403.086(6).
5 (c) The department, in cooperation with the water
6 management districts and other interested parties, as
7 appropriate, may develop suitable interim measures, best
8 management practices, or other measures necessary to achieve
9 the level of pollution reduction established by the department
10 for nonagricultural nonpoint pollutant sources in allocations
11 developed pursuant to s. 403.067(6)(b). These practices and
12 measures may be adopted by rule by the department and the
13 water management districts pursuant to ss. 120.54 and
14 120.536(1), and may be implemented by those parties
15 responsible for nonagricultural nonpoint pollutant sources and
16 the department and the water management districts shall assist
17 with implementation. Where interim measures, best management
18 practices, or other measures are adopted by rule, the
19 effectiveness of such practices in achieving the levels of
20 pollution reduction established in allocations developed by
21 the department pursuant to s. 403.067(6)(b) shall be verified
22 by the department. Implementation, in accordance with
23 applicable rules, of practices that have been verified by the
24 department to be effective at representative sites shall
25 provide a presumption of compliance with state water quality
26 standards and release from the provisions of s. 376.307(5) for
27 those pollutants addressed by the practices, and the
28 department is not authorized to institute proceedings against
29 the owner of the source of pollution to recover costs or
30 damages associated with the contamination of surface or ground
31 water caused by those pollutants. Such rules shall also
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1 incorporate provisions for a notice of intent to implement the
2 practices and a system to assure the implementation of the
3 practices, including recordkeeping requirements. Where water
4 quality problems are detected despite the appropriate
5 implementation, operation and maintenance of best management
6 practices and other measures according to rules adopted under
7 this paragraph, the department or the water management
8 districts shall institute a reevaluation of the best
9 management practice or other measures.
10 (d) The Department of Agriculture and Consumer
11 Services may develop and adopt by rule pursuant to ss. 120.54
12 and 120.536(1) suitable interim measures, best management
13 practices, or other measures necessary to achieve the level of
14 pollution reduction established by the department for
15 agricultural pollutant sources in allocations developed
16 pursuant to s. 403.067(6)(b). These practices and measures may
17 be implemented by those parties responsible for agricultural
18 pollutant sources and the department, the water management
19 districts and the Department of Agriculture and Consumer
20 Services shall assist with implementation. Where interim
21 measures, best management practices, or other measures are
22 adopted by rule, the effectiveness of such practices in
23 achieving the levels of pollution reduction established in
24 allocations developed by the department pursuant to s.
25 403.067(6)(b) shall be verified by the department.
26 Implementation, in accordance with applicable rules, of
27 practices that have been verified by the department to be
28 effective at representative sites shall provide a presumption
29 of compliance with state water quality standards and release
30 from the provisions of s. 376.307(5) for those pollutants
31 addressed by the practices, and the department is not
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1 authorized to institute proceedings against the owner of the
2 source of pollution to recover costs or damages associated
3 with the contamination of surface or ground water caused by
4 those pollutants. In the process of developing and adopting
5 rules for interim measures, best management practices, or
6 other measures, the Department of Agriculture and Consumer
7 Services shall consult with the department, the Department of
8 Health, the water management districts, representatives from
9 affected farming groups, and environmental group
10 representatives. Such rules shall also incorporate provisions
11 for a notice of intent to implement the practices and a system
12 to assure the implementation of the practices, including
13 recordkeeping requirements. Where water quality problems are
14 detected despite the appropriate implementation, operation and
15 maintenance of best management practices and other measures
16 according to rules adopted under this paragraph, the
17 Department of Agriculture and Consumer Services shall
18 institute a reevaluation of the best management practice or
19 other measure.
20 (e) The provisions of s. 403.067(7) paragraphs (c) and
21 (d) shall not preclude the department or water management
22 district from requiring compliance with water quality
23 standards or with current best management practice
24 requirements set forth in any applicable regulatory program
25 authorized by law for the purpose of protecting water
26 quality. Additionally, s. 403.067(7)(c) and s. 403.067(7)(d)
27 are applicable only to the extent that they do not conflict
28 with any rules promulgated by the department that are
29 necessary to maintain a federally delegated or approved
30 program.
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1 (8) RULES.--The department is authorized to adopt
2 rules pursuant to ss. 120.54 and 120.536(1) for:
3 (a) Delisting water bodies or water body segments from
4 the list developed under s. 403.067(4) pursuant to the
5 guidance under s. 403.067(5);
6 (b) Administration of funds to implement the total
7 maximum daily load program;
8 (c) Procedures for pollutant trading among the
9 pollutant sources to a water body or water body segment,
10 including a mechanism for the issuance and tracking of
11 pollutant credits. Such procedures may be implemented through
12 permits or other authorizations and must be legally binding.
13 No rule implementing a pollutant trading program shall become
14 effective prior to review and ratification by the Legislature;
15 and
16 (d) The total maximum daily load calculation in
17 accordance with s. 403.067(6)(a) immediately upon the
18 effective date of this act, for those eight water segments
19 within Lake Okeechobee proper as submitted to the United
20 States Environmental Protection Agency pursuant to s.
21 403.067(2).
22 (9) APPLICATION.--The provisions of this section are
23 intended to supplement existing law and nothing in this
24 section shall be construed as altering any applicable state
25 water quality standards or as restricting the authority
26 otherwise granted to the department or a water management
27 district under this chapter or chapter 373. The exclusive
28 means of state implementation of section ss. 303(d) of the
29 Clean Water Act. Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et
30 seq. shall be in accordance with the identification,
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1 assessment, calculation and allocation, and implementation
2 provisions of s. 403.067.
3 (10) CONSTRUCTION.--Nothing in this section shall be
4 construed as limiting the applicability or consideration of
5 any mixing zone, variance, exemption, site specific
6 alternative criteria, or other moderating provision.
7 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.--The
8 department shall not implement, without prior legislative
9 approval, any additional regulatory authority pursuant to the
10 Clean Water Act ss. 303(d) or 40 CFR Part 130, if such
11 implementation would result in water quality discharge
12 regulation of activities not currently subject to regulation.
13 (12) In order to provide adequate due process while
14 ensuring timely development of total maximum daily loads,
15 proposed rules and orders authorized by this act shall be
16 ineffective pending resolution of a section 120.54(3), 120.56,
17 120.569, or 120.57 administrative proceeding. However, the
18 department may go forward prior to resolution of such
19 administrative proceedings with subsequent agency actions
20 authorized by s. 403.067(2) through s. 403.067(6), provided
21 that the department can support and substantiate those actions
22 using the underlying bases for the rules or orders without the
23 benefit of any legal presumption favoring, or in deference to,
24 the challenged rules or orders.
25 Section 4. Subsection (1) of section 403.805, Florida
26 Statutes, is amended to read:
27 403.805 Secretary; powers and duties.--
28 (1) The secretary shall have the powers and duties of
29 heads of departments set forth in chapter 20, including the
30 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
31 to implement the provisions of chapters 253, 373, and 376 and
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1 this chapter. The secretary shall have rulemaking
2 responsibility under chapter 120, but shall submit any
3 proposed rule containing standards to the Environmental
4 Regulation Commission for approval, modification, or
5 disapproval pursuant to s. 403.804, except for total maximum
6 daily load calculations and allocations developed pursuant to
7 s. 403.067(6). The secretary shall have responsibility for
8 final agency action regarding total maximum daily load
9 calculations and allocations developed pursuant to s.
10 403.067(6). The secretary shall employ legal counsel to
11 represent the department in matters affecting the department.
12 Except for appeals on permits specifically assigned by this
13 act to the Governor and Cabinet, and unless otherwise
14 prohibited by law, the secretary may delegate the authority
15 assigned to the department by this act to the assistant
16 secretary, division directors, and district and branch office
17 managers and to the water management districts.
18 Section 5. The department, coordinating with the water
19 management districts and the Department of Agriculture and
20 Consumer Services, shall evaluate the effectiveness of the
21 implementation of total maximum daily loads for a period of 5
22 years from the effective date of this act. The department
23 shall document that effectiveness, using all data and
24 information at its disposal, in a report to the Governor, the
25 President of the Senate, and the Speaker of the House of
26 Representatives by January 1, 2005. The report shall provide
27 specific recommendations for statutory changes necessary to
28 implement total maximum daily loads more effectively,
29 including the development or expansion of pollution prevention
30 and pollutant trading opportunities, and best management
31 practices. The report shall also provide recommendations for
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1 statutory changes relating to pollutant sources which are not
2 subject to permitting under chapter 403, Florida Statutes, or
3 chapter 373, Florida Statutes, and which do not implement the
4 nonregulatory practices or other measures outlined in the
5 basin plan prepared under s. 403.067, Florida Statutes, in
6 accordance with the schedule of the plan, or fail to implement
7 them as designed.
8 Section 6. This act shall take effect upon becoming a
9 law.
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