Senate Bill 2282er

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    1999 Legislature                 CS for SB 2282, 1st Engrossed



  1

  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


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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


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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:

18

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.

31


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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,

31


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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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    ENROLLED

    1999 Legislature                 CS for SB 2282, 1st Engrossed



  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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    ENROLLED

    1999 Legislature                 CS for SB 2282, 1st Engrossed



  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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