Senate Bill 1494

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    Florida Senate - 2000                                  SB 1494

    By Senator Laurent





    17-980A-00                                          See HB 991

  1                      A bill to be entitled

  2         An act relating to Lake Okeechobee; amending s.

  3         373.4595, F.S.; providing legislative findings

  4         and intent; providing definitions; providing

  5         for implementation of a Lake Okeechobee

  6         Protection Program; requiring completion of a

  7         Lake Okeechobee Protection Plan by a specified

  8         date; requiring implementation of a regional

  9         water quality treatment construction project;

10         requiring completion of research and rulemaking

11         related to Lake Okeechobee; requiring regional

12         water quality monitoring; requiring a

13         phosphorus control program and implementation

14         of a best management practices program;

15         providing for interagency agreements and for

16         interim measures; providing for protection of

17         native flora and fauna; providing for a study

18         regarding phosphorus removal; requiring annual

19         reports; requiring certain permits for

20         activities in the Lake Okeechobee watershed;

21         preserving all existing state water quality

22         standards; preserving existing authority;

23         amending s. 373.406, F.S.; providing exemptions

24         from regulation under pt. IV of ch. 373, F.S.,

25         relating to management and storage of surface

26         waters; providing the South Florida Water

27         Management District with certain authority to

28         manage lands it acquires for the Kissimmee

29         River Revitalization Project; encouraging less

30         than fee title acquisition under certain

31         circumstances; providing an effective date.

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 373.4595, Florida Statutes, is

  4  amended to read:

  5         (Substantial rewording of section. See

  6         s. 373.4595, F.S., for present text.)

  7         373.4595  Lake Okeechobee Protection Program.--

  8         (1)  FINDINGS AND INTENT.--

  9         (a)  The Legislature finds that Lake Okeechobee is one

10  of the most important water resources of the state, providing

11  many functions benefiting the public interest, including

12  agricultural, public, and environmental water supply; flood

13  control; fishing; navigation and recreation; and habitat to

14  endangered and threatened species and other flora and fauna.

15         (b)  The Legislature finds that land uses in the Lake

16  Okeechobee watershed and the construction of the Central and

17  Southern Florida Project have resulted in adverse changes to

18  the hydrology and water quality of Lake Okeechobee. These

19  hydrology and water quality changes have resulted in algal

20  blooms and other adverse impacts to water quality both in Lake

21  Okeechobee and in downstream receiving waters.

22         (c)  The Legislature finds that improvement to the

23  hydrology and water quality of Lake Okeechobee is essential to

24  the protection of the Everglades.

25         (d)  The Legislature also finds that it is imperative

26  for the state, local governments, and agricultural and

27  environmental communities to commit to restoring and

28  protecting Lake Okeechobee and downstream receiving waters,

29  and that a watershed-based approach to address these issues

30  must be developed and implemented immediately.

31

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         (e)  The Legislature finds that phosphorus loads from

  2  the Lake Okeechobee watershed have contributed to excessive

  3  phosphorus levels in Lake Okeechobee and downstream receiving

  4  waters and that a reduction in levels of phosphorus will

  5  benefit the ecology of these systems. The excessive levels of

  6  phosphorus have also resulted in an accumulation of phosphorus

  7  in the sediments of Lake Okeechobee. If not removed, internal

  8  phosphorus loads from the sediments are expected to delay

  9  responses of the lake to external phosphorus reductions.

10         (f)  The Legislature finds that the Lake Okeechobee

11  phosphorus loads set forth in the South Florida Water

12  Management District's Technical Publication 81-2 represent an

13  appropriate basis for the initial phase of phosphorus load

14  reductions to Lake Okeechobee and that subsequent phases of

15  phosphorus load reductions shall be determined by the total

16  maximum daily loads established in accordance with s. 403.067.

17         (g)  The Legislature finds that this section, in

18  conjunction with s. 403.067, provides a reasonable means of

19  achieving and maintaining compliance with state water quality

20  standards.

21         (h)  The Legislature finds that the implementation of

22  the programs contained in this section is for the benefit of

23  the public health, safety, and welfare and is in the public

24  interest.

25         (i)  The Legislature finds that sufficient research has

26  been conducted and sufficient plans developed to immediately

27  initiate the first phase of a program to address the hydrology

28  and water quality problems in Lake Okeechobee and downstream

29  receiving waters.

30         (j)  It is the intent of the Legislature to achieve and

31  maintain compliance with water quality standards in Lake

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  Okeechobee and downstream receiving waters through a phased,

  2  comprehensive, and innovative protection program to reduce

  3  both internal and external phosphorus loads to Lake Okeechobee

  4  through immediate actions to achieve the phosphorus load

  5  reductions set forth in Technical Publication 81-2 and

  6  long-term solutions based upon the total maximum daily loads

  7  established in accordance with s. 403.067. This program shall

  8  be watershed-based, shall provide for consideration of all

  9  potential phosphorus sources, and shall include research and

10  monitoring, development and implementation of best management

11  practices, refinement of existing regulations, and structural

12  and nonstructural projects, including public works.

13         (k)  It is the intent of the Legislature that the Lake

14  Okeechobee Protection Program be developed and implemented in

15  coordination with and, to the greatest extent practicable,

16  through the implementation of Restudy project components and

17  other federal programs in order to maximize opportunities for

18  the most efficient and timely expenditures of public funds.

19         (l)  It is the intent of the Legislature that the

20  coordinating agencies encourage and support the development of

21  creative public-private partnerships and programs, including

22  opportunities for pollutant trading and credits, to facilitate

23  or further the restoration of Lake Okeechobee, consistent with

24  s. 403.067.

25         (2)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Best management practice" means a practice or

27  combination of practices determined by the coordinating

28  agencies, based on research, field-testing, and expert review,

29  to be the most effective and practicable on-location means,

30  including economic and technological considerations, for

31  improving water quality in agricultural and urban discharges.

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  Best management practices for agricultural discharges shall

  2  reflect a balance between water quality improvements and

  3  agricultural productivity.

  4         (b)  "Coordinating agencies" means the Department of

  5  Agriculture and Consumer Services, the Department of

  6  Environmental Protection, and the South Florida Water

  7  Management District.

  8         (c)  "Corps of Engineers" means the United States Army

  9  Corps of Engineers.

10         (d)  "Department" means the Department of Environmental

11  Protection.

12         (e)  "District" means the South Florida Water

13  Management District.

14         (f)  "District's WOD program" means the program

15  implemented pursuant to rules adopted as authorized by this

16  section and ss. 373.016, 373.044, 373.085, 373.086, 373.109,

17  373.113, 373.118, 373.451, and 373.453, entitled "Works of the

18  District Basin."

19         (g)  "Lake Okeechobee Construction Project" means the

20  construction project developed pursuant to paragraph (3)(b).

21         (h)  "Lake Okeechobee Protection Plan" means the plan

22  developed pursuant to this section and ss. 373.451-373.459.

23         (i)  "Lake Okeechobee watershed" means the area

24  surrounding and tributary to Lake Okeechobee, composed of 39

25  surrounding hydrologic basins, as defined by South Florida

26  Water Management District SWIM Plan Update dated August 8,

27  1997.

28         (j)  "Lake Okeechobee Watershed Phosphorus Control

29  Program" means the program developed pursuant to paragraph

30  (3)(c).

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         (k)  "Project component" means any structural or

  2  operational change, resulting from the Restudy, to the Central

  3  and Southern Florida Project as it existed and was operated as

  4  of January 1, 1999.

  5         (l)  "Restudy" means the Comprehensive Review Study of

  6  the Central and Southern Florida Project, for which federal

  7  participation was authorized by the Federal Water Resources

  8  Development Acts of 1992 and 1996 together with related

  9  Congressional resolutions and for which participation by the

10  South Florida Water Management District is authorized by s.

11  373.1501. The term includes all actions undertaken pursuant to

12  the aforementioned authorizations which will result in

13  recommendations for modifications or additions to the Central

14  and Southern Florida Project.

15         (m)  "Total maximum daily load" means the sum of the

16  individual wasteload allocations for point sources and the

17  load allocations for nonpoint sources and natural background.

18  Prior to determining individual wasteload allocations and load

19  allocations, the maximum amount of a pollutant that a water

20  body or water segment can assimilate from all sources without

21  exceeding water quality standards must first be calculated.

22         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

23  program for Lake Okeechobee that achieves phosphorus load

24  reductions for Lake Okeechobee shall be immediately

25  implemented as specified in this subsection. The program shall

26  address the reduction of phosphorus loading to the lake from

27  both internal and external sources. Phosphorus load reductions

28  shall be achieved through a phased program of implementation.

29  Initial implementation actions shall be technology-based,

30  based upon a consideration of both the availability of

31  appropriate technology and the cost of such technology, and

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  shall include phosphorus reduction measures at both the source

  2  and the regional level. The initial phase of phosphorus load

  3  reductions shall be based upon the district's Technical

  4  Publication 81-2 and the district's WOD program, with

  5  subsequent phases of phosphorus load reductions based upon the

  6  total maximum daily loads established in accordance with s.

  7  403.067. In the development and administration of the Lake

  8  Okeechobee Protection Program, the coordinating agencies shall

  9  maximize opportunities provided by federal cost-sharing

10  programs and opportunities for partnerships with the private

11  sector.

12         (a)  Lake Okeechobee Protection Plan.--By January 1,

13  2004, the district, in cooperation with the other coordinating

14  agencies, shall complete a Lake Okeechobee Protection Plan in

15  accordance with this section and ss. 373.451-373.459. The plan

16  shall contain an implementation schedule for subsequent phases

17  of phosphorus load reduction consistent with the total maximum

18  daily loads established in accordance with s. 403.067. The

19  plan shall consider and build upon a review and analysis of

20  the following:

21         1.  The performance of projects constructed during

22  Phase I of the Lake Okeechobee Construction Project, pursuant

23  to paragraph (b).

24         2.  Relevant information resulting from the Lake

25  Okeechobee Watershed Phosphorus Control Program, pursuant to

26  paragraph (c).

27         3.  Relevant information resulting from the Lake

28  Okeechobee Research and Water Quality Monitoring Program,

29  pursuant to paragraph (d).

30

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         4.  Relevant information resulting from the Lake

  2  Okeechobee Exotic Species Control Program, pursuant to

  3  paragraph (e).

  4         5.  Relevant information resulting from the Lake

  5  Okeechobee Internal Phosphorus Management Program, pursuant to

  6  paragraph (f).

  7         (b)  Lake Okeechobee Construction Project.--To improve

  8  the hydrology and water quality of Lake Okeechobee and

  9  downstream receiving waters, the district shall design and

10  construct the Lake Okeechobee Construction Project.

11         1.  Phase I.--Phase I of the Lake Okeechobee

12  Construction Project shall consist of a series of project

13  features consistent with the recommendations of the South

14  Florida Ecosystem Restoration Working Group's Lake Okeechobee

15  Action Plan. Priority basins for such projects include S-191,

16  S-154, and Pools D and E in the Lower Kissimmee River. In

17  order to obtain immediate phosphorus load reductions to Lake

18  Okeechobee as soon as possible, the following actions shall be

19  implemented:

20         a.  The district shall serve as a full partner with the

21  Corps of Engineers in the design and construction of the

22  Grassy Island Ranch and New Palm Dairy stormwater treatment

23  facilities as components of the Lake Okeechobee Water

24  Retention/Phosphorus Removal Critical Project. The Corps of

25  Engineers shall have the lead in design and construction of

26  these facilities. However, the district shall encourage the

27  Corps of Engineers to complete a detailed design document by

28  July 1, 2001. Should delays be encountered in the

29  implementation of either of these facilities, the district

30  shall notify the department and recommend corrective actions.

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         b.  By January 1, 2001, the district shall obtain

  2  permits and complete construction of two of the isolated

  3  wetland restoration projects that are part of the Lake

  4  Okeechobee Water Retention/Phosphorus Removal Critical

  5  Project. The additional isolated wetland projects included in

  6  this critical project shall be permitted and constructed by

  7  January 1, 2003, to further reduce phosphorus loading to Lake

  8  Okeechobee.

  9         c.  By January 31, 2002, the district shall design and

10  complete implementation of the Lake Okeechobee Tributary

11  Sediment Removal Pilot Project. This project shall consist of

12  testing two alternative technologies for trapping and

13  collecting phosphorus-laden sediment in the secondary drainage

14  system prior to its discharge into the primary canal system

15  and Lake Okeechobee, thereby further reducing the total

16  sediment loading to the lake.

17         d.  The district shall work with the Corps of Engineers

18  to expedite initiation of the design process for the Taylor

19  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment

20  Area, a project component of the Restudy. The district shall

21  propose to the Corps of Engineers that the district take the

22  lead in the design and construction of the Reservoir Assisted

23  Stormwater Treatment Area and receive credit towards the local

24  share of the total cost of the Restudy.

25         2.  Phase II.--By January 1, 2004, the district, in

26  cooperation with the other coordinating agencies and the Corps

27  of Engineers, shall develop an implementation plan for Phase

28  II of the Lake Okeechobee Construction Project. Phase II shall

29  include construction of additional facilities in the priority

30  basins identified in subparagraph (b)1., as well as facilities

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  for other basins in the Lake Okeechobee watershed. The

  2  implementation plan shall:

  3         a.  Identify Lake Okeechobee Construction Project

  4  facilities to be constructed to achieve a design objective of

  5  40 parts per billion (ppb) for phosphorus measured as a

  6  long-term flow weighted average concentration, unless an

  7  allocation has been established pursuant to s. 403.067 for the

  8  Lake Okeechobee total maximum daily load.

  9         b.  Identify the size and location of all such Lake

10  Okeechobee Construction Project facilities.

11         c.  Provide a construction schedule for all such Lake

12  Okeechobee Construction Project facilities, including the

13  sequencing and specific timeframe for construction of each

14  Lake Okeechobee Construction Project facility.

15         d.  Provide a land acquisition schedule for lands

16  necessary to achieve the construction schedule.

17         e.  Provide a detailed schedule of costs associated

18  with the construction schedule.

19         f.  Identify, to the maximum extent practicable,

20  wetland impacts expected to be associated with construction of

21  such facilities, including potential alternatives to minimize

22  or mitigate such impacts.

23         3.  Evaluation.--By January 1, 2004, and every 3 years

24  thereafter, the district, in cooperation with the coordinating

25  agencies, shall conduct an evaluation of any further

26  phosphorus load reductions necessary to achieve compliance

27  with the Lake Okeechobee total maximum daily load established

28  pursuant to s. 403.067. Additionally, the district shall

29  identify modifications to facilities of the Lake Okeechobee

30  Construction Project as appropriate if the design objective of

31  40 parts per billion (ppb) or the allocation established

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  pursuant to s. 403.067 for the Lake Okeechobee total maximum

  2  daily load established pursuant to s. 403.067 is not being

  3  met. The evaluation shall be included in the applicable annual

  4  progress report submitted pursuant to paragraph (g).

  5         4.  Coordination and review.--To ensure the timely

  6  implementation of the Lake Okeechobee Construction Project,

  7  the design of project facilities shall be coordinated with the

  8  department and other interested parties to the maximum extent

  9  practicable. Lake Okeechobee Construction Project facilities

10  shall be reviewed and commented upon by the department prior

11  to the execution of a construction contract by the district

12  for that facility.

13         (c)  Lake Okeechobee Watershed Phosphorus Control

14  Program.--The Lake Okeechobee Watershed Phosphorus Control

15  Program is designed to be a multifaceted approach to reducing

16  phosphorus loads by improving the management of phosphorus

17  sources within the Lake Okeechobee watershed through continued

18  implementation of existing regulations and best management

19  practices, development and implementation of improved best

20  management practices, improvement and restoration of the

21  hydrologic function of natural and managed systems, and

22  utilization of alternative technologies for nutrient

23  reduction. The coordinating agencies shall facilitate the

24  application of federal programs that offer opportunities for

25  water quality treatment, including preservation, restoration,

26  or creation of wetlands on agricultural lands.

27         1.  Agricultural nonpoint source best management

28  practices, developed in accordance with s. 403.067 and

29  designed to achieve the objectives of the Lake Okeechobee

30  Protection Program, shall be implemented on an expedited

31  basis. By March 1, 2001, the coordinating agencies shall

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  develop an interagency agreement pursuant to ss. 373.046 and

  2  373.406(5) that assures the development of best management

  3  practices that complement existing regulatory programs and

  4  specifies how those best management practices are implemented

  5  and verified. The interagency agreement shall address measures

  6  to be taken by the coordinating agencies during any best

  7  management practice reevaluation performed pursuant to

  8  sub-subparagraph d. The department shall use best professional

  9  judgment in making the initial determination of best

10  management practice effectiveness.

11         a.  As provided in s. 403.067(7)(d), by October 1,

12  2000, the Department of Agriculture and Consumer Services, in

13  consultation with the department, the district, and affected

14  parties, shall initiate rule development for interim measures,

15  best management practices, nutrient management plans, or other

16  measures necessary for Lake Okeechobee phosphorus load

17  reduction. The rule shall include criteria and thresholds for

18  nutrient management plans. Development of agricultural

19  nonpoint source best management practices shall initially

20  focus on those priority basins listed in subparagraph (b)1.

21  The Department of Agriculture and Consumer Services, in

22  consultation with the department, the district, and affected

23  parties, shall conduct an ongoing program for improvement of

24  existing and development of new interim measures or best

25  management practices for the purpose of adoption of such

26  practices by rule.

27         b.  Where agricultural nonpoint source best management

28  practices or interim measures have been adopted by rule of the

29  Department of Agriculture and Consumer Services, the owner or

30  operator of an agricultural nonpoint source addressed by such

31  rule shall either implement interim measures or best

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  management practices or demonstrate compliance with the

  2  district's WOD program by conducting monitoring prescribed by

  3  the department or the district. Owners or operators of

  4  agricultural nonpoint sources who implement interim measures

  5  or best management practices adopted by rule of the Department

  6  of Agriculture and Consumer Services shall be subject to the

  7  provisions of s. 403.067(7). The Department of Agriculture and

  8  Consumer Services, in cooperation with the department and the

  9  district, shall provide technical assistance for

10  implementation of agricultural best management practices.

11         c.  The district or department shall conduct monitoring

12  at representative sites to verify the effectiveness of

13  agricultural nonpoint source best management practices.

14         d.  Where water quality problems are detected for

15  agricultural nonpoint sources despite the appropriate

16  implementation of adopted best management practices, the

17  Department of Agriculture and Consumer Services, in

18  consultation with the other coordinating agencies and affected

19  parties, shall institute a reevaluation of the best management

20  practices and make appropriate changes to the rule adopting

21  best management practices.

22         2.  Nonagricultural nonpoint source best management

23  practices, developed in accordance with s. 403.067 and

24  designed to achieve the objectives of the Lake Okeechobee

25  Protection Program, shall be implemented on an expedited

26  basis. By March 1, 2001, the department and the district shall

27  develop an interagency agreement pursuant to ss. 373.046 and

28  373.406(5) that assures the development of best management

29  practices that complement existing regulatory programs and

30  specifies how those best management practices are implemented

31  and verified. The interagency agreement shall address measures

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  to be taken by the department and the district during any best

  2  management practice reevaluation performed pursuant to

  3  sub-subparagraph d.

  4         a.  The department and the district are directed to

  5  work with the University of Florida's Institute of Food and

  6  Agricultural Sciences to develop appropriate nutrient

  7  application rates for all nonagricultural soil amendments in

  8  the watershed. As provided in s. 403.067(7)(c), by January 1,

  9  2001, the department, in consultation with the district and

10  affected parties, shall develop interim measures, best

11  management practices, or other measures necessary for Lake

12  Okeechobee phosphorus load reduction. Development of

13  nonagricultural nonpoint source best management practices

14  shall initially focus on those priority basins listed in

15  subparagraph (b)1. The department, the district, and affected

16  parties shall conduct an ongoing program for improvement of

17  existing and development of new interim measures or best

18  management practices. The district shall adopt

19  technology-based standards under the district's WOD program

20  for nonagricultural nonpoint sources of phosphorus.

21         b.  Where nonagricultural nonpoint source best

22  management practices or interim measures have been developed

23  by the department and adopted by the district, the owner or

24  operator of a nonagricultural nonpoint source shall implement

25  interim measures or best management practices and be subject

26  to the provisions of s. 403.067(7). The department and

27  district shall provide technical and financial assistance for

28  implementation of nonagricultural nonpoint source best

29  management practices, subject to the availability of funds.

30

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         c.  The district or the department shall conduct

  2  monitoring at representative sites to verify the effectiveness

  3  of nonagricultural nonpoint source best management practices.

  4         d.  Where water quality problems are detected for

  5  nonagricultural nonpoint sources despite the appropriate

  6  implementation of adopted best management practices, the

  7  department and the district shall institute a reevaluation of

  8  the best management practices.

  9         3.  The provisions of subparagraphs 1. and 2. shall not

10  preclude the department or the district from requiring

11  compliance with water quality standards or with current best

12  management practices requirements set forth in any applicable

13  regulatory program authorized by law for the purpose of

14  protecting water quality. Additionally, subparagraphs 1. and

15  2. are applicable only to the extent that they do not conflict

16  with any rules promulgated by the department that are

17  necessary to maintain a federally delegated or approved

18  program.

19         4.  Projects which reduce the phosphorus load

20  originating from domestic wastewater systems within the Lake

21  Okeechobee watershed shall be given funding priority in the

22  department's revolving loan program under s. 403.1835. The

23  department shall coordinate and provide assistance to those

24  local governments seeking financial assistance for such

25  priority projects.

26         5.  The department shall require all entities disposing

27  of domestic wastewater residuals within the Lake Okeechobee

28  watershed to develop and submit to the department by July 1,

29  2001, an agricultural use plan that limits applications based

30  upon phosphorus loading. Phosphorus loading originating from

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  these application sites shall not exceed the limits

  2  established in the district's WOD program.

  3         6.  By July 1, 2001, the Department of Agriculture and

  4  Consumer Services shall initiate rulemaking requiring entities

  5  within the Lake Okeechobee watershed which land-apply animal

  6  manure to develop nutrient management plans that limit

  7  application, based upon phosphorus loading. Such rules may

  8  include criteria and thresholds for the requirement to develop

  9  a nutrient management plan, requirements for nutrient

10  management plan approval, and recordkeeping requirements.

11         7.  Prior to authorizing a discharge into works of the

12  district, the district shall require responsible parties to

13  demonstrate that proposed changes in land use will not result

14  in increased phosphorus loading over that of existing land

15  uses.

16         8.  The district, the department, or the Department of

17  Agriculture and Consumer Services, as appropriate, shall

18  implement those alternative nutrient reduction technologies

19  determined to be feasible pursuant to subparagraph (d)6.

20         (d)  Lake Okeechobee Research and Water Quality

21  Monitoring Program.--By January 1, 2001, the district, in

22  cooperation with the other coordinating agencies, shall

23  establish a Lake Okeechobee Research and Water Quality

24  Monitoring Program that builds upon the district's existing

25  Lake Okeechobee research program. The program shall:

26         1.  Evaluate all available existing water quality data

27  concerning total phosphorus in the Lake Okeechobee watershed,

28  develop a water quality baseline to represent existing

29  conditions for total phosphorus, monitor long-term ecological

30  changes, including water quality for total phosphorus, and

31  measure compliance with water quality standards for total

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  phosphorus, including the total maximum daily load for Lake

  2  Okeechobee as established pursuant to s. 403.067. The district

  3  shall also implement a total phosphorus monitoring program at

  4  all inflow structures to Lake Okeechobee.

  5         2.  By July 1, 2003, develop a Lake Okeechobee water

  6  quality model that reasonably represents phosphorus dynamics

  7  of the lake and incorporates an uncertainty analysis

  8  associated with model predictions.

  9         3.  By July 1, 2003, determine the relative

10  contribution of phosphorus from all identifiable sources and

11  all primary and secondary land uses.

12         4.  By July 1, 2003, conduct an assessment of the

13  sources of phosphorus from the Upper Kissimmee Chain-of-Lakes

14  and Lake Istokpoga, and their relative contribution to the

15  water quality of Lake Okeechobee. The results of this

16  assessment shall be used by the coordinating agencies to

17  develop interim measures, best management practices, or

18  regulation, as applicable.

19         5.  By July 1, 2003, assess current water management

20  practices within Lake Okeechobee and the Lake Okeechobee

21  watershed and develop recommendations for structural and

22  operational improvements. Such recommendations shall balance

23  water supply, flood control, and water quality considerations.

24         6.  By July 1, 2003, evaluate the feasibility of

25  alternative nutrient reduction technologies, including

26  sediment traps, canal and ditch maintenance, fish production

27  or other aquaculture, bioenergy conversion processes, and

28  algal or other biological treatment technologies.

29         (e)  Lake Okeechobee Exotic Species Control

30  Program.--By June 1, 2002, the coordinating agencies shall

31  identify the exotic species that threaten the native flora and

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  fauna within the Lake Okeechobee watershed and develop and

  2  implement measures to protect the native flora and fauna.

  3         (f)  Lake Okeechobee Internal Phosphorus Management

  4  Program.--By July 1, 2003, the district, in cooperation with

  5  the other coordinating agencies and interested parties, shall

  6  complete a Lake Okeechobee internal phosphorus load removal

  7  feasibility study. The feasibility study shall be based on

  8  technical feasibility, as well as economic considerations, and

  9  address all reasonable methods of phosphorus removal. If

10  methods are found to be feasible, the district shall

11  immediately pursue the design, funding, and permitting for

12  implementing such methods.

13         (g)  Annual progress report.--Each January 1, beginning

14  in 2001, the district shall submit to the Governor, the

15  President of the Senate, and the Speaker of the House of

16  Representatives annual progress reports regarding

17  implementation of this section. The annual report shall

18  include a summary of water quality conditions in Lake

19  Okeechobee and the Lake Okeechobee watershed and the status of

20  the Lake Okeechobee Construction Project. The district shall

21  prepare the report in cooperation with the other coordinating

22  agencies.

23         (4)  LAKE OKEECHOBEE PROTECTION PERMITS.--

24         (a)  The Legislature finds that the Lake Okeechobee

25  Protection Program will benefit Lake Okeechobee and downstream

26  receiving waters and is consistent with the public interest.

27  The Lake Okeechobee Construction Project and existing

28  structures discharging into or from Lake Okeechobee shall be

29  constructed, operated, and maintained in accordance with this

30  section.

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         (b)  Permits obtained pursuant to this section are in

  2  lieu of all other permits under chapter 373 or chapter 403,

  3  except those issued under s. 403.0885, if applicable. No

  4  additional permits are required for the Lake Okeechobee

  5  Construction Project or existing structures discharging into

  6  or from Lake Okeechobee. Construction activities related to

  7  implementation of the Lake Okeechobee Construction Project may

  8  be initiated prior to final agency action, or notice of

  9  intended agency action, on any permit from the department

10  under this section.

11         (c)  By September 1, 2000, owners or operators of

12  structures which discharge into or from Lake Okeechobee shall

13  apply for a permit from the department to operate and maintain

14  such structures. The department shall issue one or more such

15  permits for a term of 5 years upon the demonstration of

16  reasonable assurance that schedules and strategies to achieve

17  and maintain compliance with water quality standards have been

18  provided for, to the maximum extent practicable, and that

19  operation of the structures otherwise complies with provisions

20  of ss. 373.413 and 373.416.

21         1.  Permits issued under this paragraph shall also

22  contain reasonable conditions to ensure that discharges of

23  waters through district structures:

24         a.  Are adequately and accurately monitored;

25         b.  Will not degrade existing Lake Okeechobee water

26  quality and will result in an overall reduction of phosphorus

27  input into Lake Okeechobee, as set forth in the district's

28  Technical Publication 81-2 and the total maximum daily load

29  established in accordance with s. 403.067, to the maximum

30  extent practicable; and

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         c.  Do not pose a serious danger to public health,

  2  safety, or welfare.

  3         2.  By January 1, 2004, the district shall submit to

  4  the department a permit modification to the Lake Okeechobee

  5  structure permits to incorporate proposed changes necessary to

  6  ensure that discharges through the structures covered by this

  7  permit achieve state water quality standards, including the

  8  total maximum daily load established in accordance with s.

  9  403.067. These changes shall be designed to achieve such

10  compliance with state water quality standards no later than

11  January 1, 2015.

12         (d)  The department shall issue permits for Lake

13  Okeechobee Construction Project facilities for a term of 5

14  years upon the demonstration of reasonable assurances that:

15         1.  The Lake Okeechobee Construction Project facility,

16  based upon the conceptual design documents and any subsequent

17  detailed design documents developed by the district, will

18  achieve the design objectives for phosphorus required in

19  paragraph (3)(b);

20         2.  For water quality standards other than phosphorus,

21  the quality of water discharged from the facility is of equal

22  or better quality than the inflows;

23         3.  Discharges from the facility do not pose a serious

24  danger to public health, safety, or welfare; and

25         4.  Any wetland impacts resulting from implementation

26  of that facility of the Lake Okeechobee Construction Project

27  are minimized or mitigated.

28         (e)  At least 60 days prior to the expiration of any

29  permit issued under this section, the permittee may apply for

30  a renewal thereof for a period of 5 years.

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1         (f)  Permits issued under this section may include any

  2  standard conditions provided by department rule which are

  3  appropriate and consistent with this section.

  4         (g)  Permits issued pursuant to this section may be

  5  modified, as appropriate, upon review and approval by the

  6  department.

  7         (5)  RELATIONSHIP TO STATE WATER QUALITY

  8  STANDARDS.--Nothing in this section shall be construed to

  9  modify any existing state water quality standard, except that

10  this section provides a schedule for achieving compliance with

11  existing narrative and numeric state water quality standards

12  and for implementing the department's total maximum daily load

13  program.

14         (6)  PRESERVATION OF AUTHORITY.--Nothing in this

15  section shall be construed to restrict the authority otherwise

16  granted to agencies pursuant to chapters 373 and 403, and

17  provisions of this section shall be deemed supplemental to the

18  authority granted to agencies pursuant to chapters 373 and

19  403.

20         Section 2.  Subsections (9) and (10) are added to

21  section 373.406, Florida Statues, to read:

22         373.406  Exemptions.--The following exemptions shall

23  apply:

24         (9)  Implementation of measures having the primary

25  purpose of environmental restoration or water quality

26  improvement on agricultural lands are exempt from regulation

27  under this part where these measures or practices are

28  determined by the district or department, on a case-by-case

29  basis, to have minimal or insignificant individual and

30  cumulative adverse impact on the water resources of the state.

31  The district or department shall provide written notification

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    Florida Senate - 2000                                  SB 1494
    17-980A-00                                          See HB 991




  1  as to whether the proposed activity qualifies for the

  2  exemption within 30 days after receipt of a written notice

  3  requesting the exemption. No activity under this exemption

  4  shall commence until the district or department has provided

  5  written notice that the activity qualifies for the exemption.

  6         (10)  Implementation of interim measures or best

  7  management practices adopted pursuant to s. 403.067 that are

  8  by rule designated as having minimal individual or cumulative

  9  adverse impacts to the water resources of the state are exempt

10  from regulation under this part.

11         Section 3.  The South Florida Water Management District

12  shall have the authority to manage lands it acquires for the

13  Kissimmee River Headwaters Revitalization Project to protect

14  and improve water quality, implement hydrological

15  improvements, protect fish and wildlife and endangered

16  species, and accomplish other best management practices on

17  district land in a manner that is consistent with surrounding

18  parks and preserves owned by the state. In acquiring land for

19  the Kissimmee River Revitalization Project, the South Florida

20  Water Management District is encouraged to acquire less than

21  fee title where feasible and beneficial to the protection of

22  ecological values, fish and wildlife, and endangered species,

23  provided the objectives of restoring the Everglades system are

24  advanced and the project purposes of the Kissimmee River

25  Restoration Project and the Kissimmee River Headwaters

26  Revitalization Project are met.

27         Section 4.  This act shall take effect upon becoming a

28  law.

29

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    Florida Senate - 2000                                  SB 1494
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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides for implementation of a Lake Okeechobee
  4    Protection Program. Requires completion of a protection
      plan, including an implementation schedule, by January 1,
  5    2004. Requires the South Florida Water Management
      District to design and schedule implementation of a Lake
  6    Okeechobee Construction Project to improve regional
      hydrology and water quality, in cooperation with the U.S.
  7    Army Corps of Engineers, the Department of Environmental
      Protection, the Department of Agriculture and Consumer
  8    Services, and other interested parties. Establishes a
      phosphorus control program and a research and water
  9    quality monitoring program to provide for water quality
      monitoring and best management practices, and other
10    measures, to reduce phosphorus input into Lake
      Okeechobee. Provides for rulemaking and interagency
11    agreements and authorizes certain interim measures.
      Provides for a program to protect native flora and fauna
12    and for a study regarding the feasibility of phosphorus
      removal. Requires annual reports to the Governor and
13    Legislature beginning January 1, 2001. Provides a
      permitting process for the Lake Okeechobee Construction
14    Project and existing structures discharging into or from
      Lake Okeechobee. Preserves existing state water quality
15    standards and the authority otherwise provided to
      agencies under chs. 373 and 403, F.S. Provides certain
16    exemptions from regulation under pt. IV of ch. 373, F.S.,
      relating to management and storage of surface waters.
17    Provides the South Florida Water Management District with
      certain authority to manage lands it acquires for the
18    Kissimmee River Revitalization Project and encourages
      less than fee title acquisition under certain
19    circumstances. (See bill for details.)

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