House Bill 0991c2
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    Florida House of Representatives - 2000           CS/CS/HB 991
        By the Committees on Environmental Protection, Water &
    Resource Management and Representatives Pruitt, Eggelletion,
    Feeney, Constantine, Putnam, Maygarden, Jones, Cantens,
    Dockery, Argenio, Fasano, Lynn, Peaden, Murman, Minton,
    (Additional Sponsors on Last Printed Page)
  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         restricting certain diversions of waters;
22         preserving provisions relating to the
23         Everglades; preserving rights of the Seminole
24         Tribe of Florida; preserving all existing state
25         water quality standards; preserving existing
26         authority; amending s. 373.406, F.S.; providing
27         exemptions from regulation under pt. IV of ch.
28         373, F.S., relating to management and storage
29         of surface waters; amending s. 403.067, F.S.;
30         clarifying total maximum daily load
31         calculation; clarifying that allocations may be
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  1         made for basins; clarifying reporting
  2         requirements; clarifying name of basin plans;
  3         providing the South Florida Water Management
  4         District with certain authority to manage lands
  5         it acquires for the Kissimmee River Headwaters
  6         Revitalization Project; encouraging less than
  7         fee title acquisition under certain
  8         circumstances; providing an effective date.
  9
10  Be It Enacted by the Legislature of the State of Florida:
11
12         Section 1.  Section 373.4595, Florida Statutes, is
13  amended to read:
14         (Substantial rewording of section. See
15         s. 373.4595, F.S., for present text.)
16         373.4595  Lake Okeechobee Protection Program.--
17         (1)  FINDINGS AND INTENT.--
18         (a)  The Legislature finds that Lake Okeechobee is one
19  of the most important water resources of the state, providing
20  many functions benefiting the public interest, including
21  agricultural, public, and environmental water supply; flood
22  control; fishing; navigation and recreation; and habitat to
23  endangered and threatened species and other flora and fauna.
24         (b)  The Legislature finds that land uses in the Lake
25  Okeechobee watershed and the construction of the Central and
26  Southern Florida Project have resulted in adverse changes to
27  the hydrology and water quality of Lake Okeechobee. These
28  hydrology and water quality changes have resulted in algal
29  blooms and other adverse impacts to water quality both in Lake
30  Okeechobee and in downstream receiving waters.
31
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  1         (c)  The Legislature finds that improvement to the
  2  hydrology and water quality of Lake Okeechobee is essential to
  3  the protection of the Everglades.
  4         (d)  The Legislature also finds that it is imperative
  5  for the state, local governments, and agricultural and
  6  environmental communities to commit to restoring and
  7  protecting Lake Okeechobee and downstream receiving waters,
  8  and that a watershed-based approach to address these issues
  9  must be developed and implemented immediately.
10         (e)  The Legislature finds that phosphorus loads from
11  the Lake Okeechobee watershed have contributed to excessive
12  phosphorus levels in Lake Okeechobee and downstream receiving
13  waters and that a reduction in levels of phosphorus will
14  benefit the ecology of these systems. The excessive levels of
15  phosphorus have also resulted in an accumulation of phosphorus
16  in the sediments of Lake Okeechobee. If not removed, internal
17  phosphorus loads from the sediments are expected to delay
18  responses of the lake to external phosphorus reductions.
19         (f)  The Legislature finds that the Lake Okeechobee
20  phosphorus loads set forth in the South Florida Water
21  Management District's Technical Publication 81-2 represent an
22  appropriate basis for the initial phase of phosphorus load
23  reductions to Lake Okeechobee and that subsequent phases of
24  phosphorus load reductions shall be determined by the total
25  maximum daily loads established in accordance with s. 403.067.
26         (g)  The Legislature finds that this section, in
27  conjunction with s. 403.067, provides a reasonable means of
28  achieving and maintaining compliance with state water quality
29  standards.
30         (h)  The Legislature finds that the implementation of
31  the programs contained in this section is for the benefit of
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  1  the public health, safety, and welfare and is in the public
  2  interest.
  3         (i)  The Legislature finds that sufficient research has
  4  been conducted and sufficient plans developed to immediately
  5  initiate the first phase of a program to address the hydrology
  6  and water quality problems in Lake Okeechobee and downstream
  7  receiving waters.
  8         (j)  It is the intent of the Legislature to achieve and
  9  maintain compliance with water quality standards in Lake
10  Okeechobee and downstream receiving waters through a phased,
11  comprehensive, and innovative protection program to reduce
12  both internal and external phosphorus loads to Lake Okeechobee
13  through immediate actions to achieve the phosphorus load
14  reductions set forth in Technical Publication 81-2 and
15  long-term solutions based upon the total maximum daily loads
16  established in accordance with s. 403.067. This program shall
17  be watershed-based, shall provide for consideration of all
18  potential phosphorus sources, and shall include research and
19  monitoring, development and implementation of best management
20  practices, refinement of existing regulations, and structural
21  and nonstructural projects, including public works.
22         (k)  It is the intent of the Legislature that the Lake
23  Okeechobee Protection Program be developed and implemented in
24  coordination with and, to the greatest extent practicable,
25  through the implementation of Restudy project components and
26  other federal programs in order to maximize opportunities for
27  the most efficient and timely expenditures of public funds.
28         (l)  It is the intent of the Legislature that the
29  coordinating agencies encourage and support the development of
30  creative public-private partnerships and programs, including
31  opportunities for pollutant trading and credits, to facilitate
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  1  or further the restoration of Lake Okeechobee, consistent with
  2  s. 403.067.
  3         (2)  DEFINITIONS.--As used in this section:
  4         (a)  "Best management practice" means a practice or
  5  combination of practices determined by the coordinating
  6  agencies, based on research, field-testing, and expert review,
  7  to be the most effective and practicable on-location means,
  8  including economic and technological considerations, for
  9  improving water quality in agricultural and urban discharges.
10  Best management practices for agricultural discharges shall
11  reflect a balance between water quality improvements and
12  agricultural productivity.
13         (b)  "Coordinating agencies" means the Department of
14  Agriculture and Consumer Services, the Department of
15  Environmental Protection, and the South Florida Water
16  Management District.
17         (c)  "Corps of Engineers" means the United States Army
18  Corps of Engineers.
19         (d)  "Department" means the Department of Environmental
20  Protection.
21         (e)  "District" means the South Florida Water
22  Management District.
23         (f)  "District's WOD program" means the program
24  implemented pursuant to rules adopted as authorized by this
25  section and ss. 373.016, 373.044, 373.085, 373.086, 373.109,
26  373.113, 373.118, 373.451, and 373.453, entitled "Works of the
27  District Basin."
28         (g)  "Lake Okeechobee Construction Project" means the
29  construction project developed pursuant to paragraph (3)(b).
30         (h)  "Lake Okeechobee Protection Plan" means the plan
31  developed pursuant to this section and ss. 373.451-373.459.
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  1         (i)  "Lake Okeechobee watershed" means Lake Okeechobee
  2  and the area surrounding and tributary to Lake Okeechobee,
  3  composed of 39 surrounding hydrologic basins, as defined by
  4  South Florida Water Management District SWIM Plan Update dated
  5  August 8, 1997.
  6         (j)  "Lake Okeechobee Watershed Phosphorus Control
  7  Program" means the program developed pursuant to paragraph
  8  (3)(c).
  9         (k)  "Project component" means any structural or
10  operational change, resulting from the Restudy, to the Central
11  and Southern Florida Project as it existed and was operated as
12  of January 1, 1999.
13         (l)  "Restudy" means the Comprehensive Review Study of
14  the Central and Southern Florida Project, for which federal
15  participation was authorized by the Federal Water Resources
16  Development Acts of 1992 and 1996 together with related
17  Congressional resolutions and for which participation by the
18  South Florida Water Management District is authorized by s.
19  373.1501. The term includes all actions undertaken pursuant to
20  the aforementioned authorizations which will result in
21  recommendations for modifications or additions to the Central
22  and Southern Florida Project.
23         (m)  "Total maximum daily load" means the sum of the
24  individual wasteload allocations for point sources and the
25  load allocations for nonpoint sources and natural background.
26  Prior to determining individual wasteload allocations and load
27  allocations, the maximum amount of a pollutant that a water
28  body or water segment can assimilate from all sources without
29  exceeding water quality standards must first be calculated.
30         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
31  program for Lake Okeechobee that achieves phosphorus load
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  1  reductions for Lake Okeechobee shall be immediately
  2  implemented as specified in this subsection. The program shall
  3  address the reduction of phosphorus loading to the lake from
  4  both internal and external sources. Phosphorus load reductions
  5  shall be achieved through a phased program of implementation.
  6  Initial implementation actions shall be technology-based,
  7  based upon a consideration of both the availability of
  8  appropriate technology and the cost of such technology, and
  9  shall include phosphorus reduction measures at both the source
10  and the regional level. The initial phase of phosphorus load
11  reductions shall be based upon the district's Technical
12  Publication 81-2 and the district's WOD program, with
13  subsequent phases of phosphorus load reductions based upon the
14  total maximum daily loads established in accordance with s.
15  403.067. In the development and administration of the Lake
16  Okeechobee Protection Program, the coordinating agencies shall
17  maximize opportunities provided by federal cost-sharing
18  programs and opportunities for partnerships with the private
19  sector.
20         (a)  Lake Okeechobee Protection Plan.--By January 1,
21  2004, the district, in cooperation with the other coordinating
22  agencies, shall complete a Lake Okeechobee Protection Plan in
23  accordance with this section and ss. 373.451-373.459. The plan
24  shall contain an implementation schedule for subsequent phases
25  of phosphorus load reduction consistent with the total maximum
26  daily loads established in accordance with s. 403.067. The
27  plan shall consider and build upon a review and analysis of
28  the following:
29         1.  The performance of projects constructed during
30  Phase I of the Lake Okeechobee Construction Project, pursuant
31  to paragraph (b).
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  1         2.  Relevant information resulting from the Lake
  2  Okeechobee Watershed Phosphorus Control Program, pursuant to
  3  paragraph (c).
  4         3.  Relevant information resulting from the Lake
  5  Okeechobee Research and Water Quality Monitoring Program,
  6  pursuant to paragraph (d).
  7         4.  Relevant information resulting from the Lake
  8  Okeechobee Exotic Species Control Program, pursuant to
  9  paragraph (e).
10         5.  Relevant information resulting from the Lake
11  Okeechobee Internal Phosphorus Management Program, pursuant to
12  paragraph (f).
13         (b)  Lake Okeechobee Construction Project.--To improve
14  the hydrology and water quality of Lake Okeechobee and
15  downstream receiving waters, the district shall design and
16  construct the Lake Okeechobee Construction Project.
17         1.  Phase I.--Phase I of the Lake Okeechobee
18  Construction Project shall consist of a series of project
19  features consistent with the recommendations of the South
20  Florida Ecosystem Restoration Working Group's Lake Okeechobee
21  Action Plan. Priority basins for such projects include S-191,
22  S-154, and Pools D and E in the Lower Kissimmee River. In
23  order to obtain immediate phosphorus load reductions to Lake
24  Okeechobee as soon as possible, the following actions shall be
25  implemented:
26         a.  The district shall serve as a full partner with the
27  Corps of Engineers in the design and construction of the
28  Grassy Island Ranch and New Palm Dairy stormwater treatment
29  facilities as components of the Lake Okeechobee Water
30  Retention/Phosphorus Removal Critical Project. The Corps of
31  Engineers shall have the lead in design and construction of
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  1  these facilities. However, the district shall encourage the
  2  Corps of Engineers to complete a detailed design document by
  3  July 1, 2001. Should delays be encountered in the
  4  implementation of either of these facilities, the district
  5  shall notify the department and recommend corrective actions.
  6         b.  By January 1, 2001, the district shall obtain
  7  permits and complete construction of two of the isolated
  8  wetland restoration projects that are part of the Lake
  9  Okeechobee Water Retention/Phosphorus Removal Critical
10  Project. The additional isolated wetland projects included in
11  this critical project shall be permitted and constructed by
12  January 1, 2003, to further reduce phosphorus loading to Lake
13  Okeechobee.
14         c.  By January 31, 2002, the district shall design and
15  complete implementation of the Lake Okeechobee Tributary
16  Sediment Removal Pilot Project. This project shall consist of
17  testing two alternative technologies for trapping and
18  collecting phosphorus-laden sediment in the secondary drainage
19  system prior to its discharge into the primary canal system
20  and Lake Okeechobee, thereby further reducing the total
21  sediment loading to the lake.
22         d.  The district shall work with the Corps of Engineers
23  to expedite initiation of the design process for the Taylor
24  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
25  Area, a project component of the Restudy. The district shall
26  propose to the Corps of Engineers that the district take the
27  lead in the design and construction of the Reservoir Assisted
28  Stormwater Treatment Area and receive credit towards the local
29  share of the total cost of the Restudy.
30         2.  Phase II.--By January 1, 2004, the district, in
31  cooperation with the other coordinating agencies and the Corps
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  1  of Engineers, shall develop an implementation plan for Phase
  2  II of the Lake Okeechobee Construction Project. Phase II shall
  3  include construction of additional facilities in the priority
  4  basins identified in subparagraph (b)1., as well as facilities
  5  for other basins in the Lake Okeechobee watershed. The
  6  implementation plan shall:
  7         a.  Identify Lake Okeechobee Construction Project
  8  facilities to be constructed to achieve a design objective of
  9  40 parts per billion (ppb) for phosphorus measured as a
10  long-term flow weighted average concentration, unless an
11  allocation has been established pursuant to s. 403.067 for the
12  Lake Okeechobee total maximum daily load.
13         b.  Identify the size and location of all such Lake
14  Okeechobee Construction Project facilities.
15         c.  Provide a construction schedule for all such Lake
16  Okeechobee Construction Project facilities, including the
17  sequencing and specific timeframe for construction of each
18  Lake Okeechobee Construction Project facility.
19         d.  Provide a land acquisition schedule for lands
20  necessary to achieve the construction schedule.
21         e.  Provide a detailed schedule of costs associated
22  with the construction schedule.
23         f.  Identify, to the maximum extent practicable,
24  impacts on wetlands and state-listed species expected to be
25  associated with construction of such facilities, including
26  potential alternatives to minimize and mitigate such impacts,
27  as appropriate.
28         3.  Evaluation.--By January 1, 2004, and every 3 years
29  thereafter, the district, in cooperation with the coordinating
30  agencies, shall conduct an evaluation of any further
31  phosphorus load reductions necessary to achieve compliance
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  1  with the Lake Okeechobee total maximum daily load established
  2  pursuant to s. 403.067. Additionally, the district shall
  3  identify modifications to facilities of the Lake Okeechobee
  4  Construction Project as appropriate if the design objective of
  5  40 parts per billion (ppb) or the allocation established
  6  pursuant to s. 403.067 for the Lake Okeechobee total maximum
  7  daily load established pursuant to s. 403.067 is not being
  8  met. The evaluation shall be included in the applicable annual
  9  progress report submitted pursuant to paragraph (g).
10         4.  Coordination and review.--To ensure the timely
11  implementation of the Lake Okeechobee Construction Project,
12  the design of project facilities shall be coordinated with the
13  department and other interested parties to the maximum extent
14  practicable. Lake Okeechobee Construction Project facilities
15  shall be reviewed and commented upon by the department prior
16  to the execution of a construction contract by the district
17  for that facility.
18         (c)  Lake Okeechobee Watershed Phosphorus Control
19  Program.--The Lake Okeechobee Watershed Phosphorus Control
20  Program is designed to be a multifaceted approach to reducing
21  phosphorus loads by improving the management of phosphorus
22  sources within the Lake Okeechobee watershed through continued
23  implementation of existing regulations and best management
24  practices, development and implementation of improved best
25  management practices, improvement and restoration of the
26  hydrologic function of natural and managed systems, and
27  utilization of alternative technologies for nutrient
28  reduction. The coordinating agencies shall facilitate the
29  application of federal programs that offer opportunities for
30  water quality treatment, including preservation, restoration,
31  or creation of wetlands on agricultural lands.
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  1         1.  Agricultural nonpoint source best management
  2  practices, developed in accordance with s. 403.067 and
  3  designed to achieve the objectives of the Lake Okeechobee
  4  Protection Program, shall be implemented on an expedited
  5  basis. By March 1, 2001, the coordinating agencies shall
  6  develop an interagency agreement pursuant to ss. 373.046 and
  7  373.406(5) that assures the development of best management
  8  practices that complement existing regulatory programs and
  9  specifies how those best management practices are implemented
10  and verified. The interagency agreement shall address measures
11  to be taken by the coordinating agencies during any best
12  management practice reevaluation performed pursuant to
13  sub-subparagraph d. The department shall use best professional
14  judgment in making the initial determination of best
15  management practice effectiveness.
16         a.  As provided in s. 403.067(7)(d), by October 1,
17  2000, the Department of Agriculture and Consumer Services, in
18  consultation with the department, the district, and affected
19  parties, shall initiate rule development for interim measures,
20  best management practices, conservation plans, nutrient
21  management plans, or other measures necessary for Lake
22  Okeechobee phosphorus load reduction. The rule shall include
23  thresholds for requiring conservation and nutrient management
24  plans and criteria for the contents of such plans. Development
25  of agricultural nonpoint source best management practices
26  shall initially focus on those priority basins listed in
27  subparagraph (b)1. The Department of Agriculture and Consumer
28  Services, in consultation with the department, the district,
29  and affected parties, shall conduct an ongoing program for
30  improvement of existing and development of new interim
31
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  1  measures or best management practices for the purpose of
  2  adoption of such practices by rule.
  3         b.  Where agricultural nonpoint source best management
  4  practices or interim measures have been adopted by rule of the
  5  Department of Agriculture and Consumer Services, the owner or
  6  operator of an agricultural nonpoint source addressed by such
  7  rule shall either implement interim measures or best
  8  management practices or demonstrate compliance with the
  9  district's WOD program by conducting monitoring prescribed by
10  the department or the district. Owners or operators of
11  agricultural nonpoint sources who implement interim measures
12  or best management practices adopted by rule of the Department
13  of Agriculture and Consumer Services shall be subject to the
14  provisions of s. 403.067(7). The Department of Agriculture and
15  Consumer Services, in cooperation with the department and the
16  district, shall provide technical and financial assistance for
17  implementation of agricultural best management practices,
18  subject to the availability of funds.
19         c.  The district or department shall conduct monitoring
20  at representative sites to verify the effectiveness of
21  agricultural nonpoint source best management practices.
22         d.  Where water quality problems are detected for
23  agricultural nonpoint sources despite the appropriate
24  implementation of adopted best management practices, the
25  Department of Agriculture and Consumer Services, in
26  consultation with the other coordinating agencies and affected
27  parties, shall institute a reevaluation of the best management
28  practices and make appropriate changes to the rule adopting
29  best management practices.
30         2.  Nonagricultural nonpoint source best management
31  practices, developed in accordance with s. 403.067 and
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  1  designed to achieve the objectives of the Lake Okeechobee
  2  Protection Program, shall be implemented on an expedited
  3  basis. By March 1, 2001, the department and the district shall
  4  develop an interagency agreement pursuant to ss. 373.046 and
  5  373.406(5) that assures the development of best management
  6  practices that complement existing regulatory programs and
  7  specifies how those best management practices are implemented
  8  and verified. The interagency agreement shall address measures
  9  to be taken by the department and the district during any best
10  management practice reevaluation performed pursuant to
11  sub-subparagraph d.
12         a.  The department and the district are directed to
13  work with the University of Florida's Institute of Food and
14  Agricultural Sciences to develop appropriate nutrient
15  application rates for all nonagricultural soil amendments in
16  the watershed. As provided in s. 403.067(7)(c), by January 1,
17  2001, the department, in consultation with the district and
18  affected parties, shall develop interim measures, best
19  management practices, or other measures necessary for Lake
20  Okeechobee phosphorus load reduction. Development of
21  nonagricultural nonpoint source best management practices
22  shall initially focus on those priority basins listed in
23  subparagraph (b)1. The department, the district, and affected
24  parties shall conduct an ongoing program for improvement of
25  existing and development of new interim measures or best
26  management practices. The district shall adopt
27  technology-based standards under the district's WOD program
28  for nonagricultural nonpoint sources of phosphorus.
29         b.  Where nonagricultural nonpoint source best
30  management practices or interim measures have been developed
31  by the department and adopted by the district, the owner or
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  1  operator of a nonagricultural nonpoint source shall implement
  2  interim measures or best management practices and be subject
  3  to the provisions of s. 403.067(7). The department and
  4  district shall provide technical and financial assistance for
  5  implementation of nonagricultural nonpoint source best
  6  management practices, subject to the availability of funds.
  7         c.  The district or the department shall conduct
  8  monitoring at representative sites to verify the effectiveness
  9  of nonagricultural nonpoint source best management practices.
10         d.  Where water quality problems are detected for
11  nonagricultural nonpoint sources despite the appropriate
12  implementation of adopted best management practices, the
13  department and the district shall institute a reevaluation of
14  the best management practices.
15         3.  The provisions of subparagraphs 1. and 2. shall not
16  preclude the department or the district from requiring
17  compliance with water quality standards or with current best
18  management practices requirements set forth in any applicable
19  regulatory program authorized by law for the purpose of
20  protecting water quality. Additionally, subparagraphs 1. and
21  2. are applicable only to the extent that they do not conflict
22  with any rules promulgated by the department that are
23  necessary to maintain a federally delegated or approved
24  program.
25         4.  Projects which reduce the phosphorus load
26  originating from domestic wastewater systems within the Lake
27  Okeechobee watershed shall be given funding priority in the
28  department's revolving loan program under s. 403.1835. The
29  department shall coordinate and provide assistance to those
30  local governments seeking financial assistance for such
31  priority projects.
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  1         5.  The department shall require all entities disposing
  2  of domestic wastewater residuals within the Lake Okeechobee
  3  watershed to develop and submit to the department by July 1,
  4  2001, an agricultural use plan that limits applications based
  5  upon phosphorus loading. Phosphorus loading originating from
  6  these application sites shall not exceed the limits
  7  established in the district's WOD program.
  8         6.  By July 1, 2001, the Department of Agriculture and
  9  Consumer Services shall initiate rulemaking requiring entities
10  within the Lake Okeechobee watershed which land-apply animal
11  manure to develop conservation or nutrient management plans
12  that limit application, based upon phosphorus loading. Such
13  rules may include criteria and thresholds for the requirement
14  to develop a conservation or nutrient management plan,
15  requirements for plan approval, and recordkeeping
16  requirements.
17         7.  Prior to authorizing a discharge into works of the
18  district, the district shall require responsible parties to
19  demonstrate that proposed changes in land use will not result
20  in increased phosphorus loading over that of existing land
21  uses.
22         8.  The district, the department, or the Department of
23  Agriculture and Consumer Services, as appropriate, shall
24  implement those alternative nutrient reduction technologies
25  determined to be feasible pursuant to subparagraph (d)6.
26         (d)  Lake Okeechobee Research and Water Quality
27  Monitoring Program.--By January 1, 2001, the district, in
28  cooperation with the other coordinating agencies, shall
29  establish a Lake Okeechobee Research and Water Quality
30  Monitoring Program that builds upon the district's existing
31  Lake Okeechobee research program. The program shall:
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  1         1.  Evaluate all available existing water quality data
  2  concerning total phosphorus in the Lake Okeechobee watershed,
  3  develop a water quality baseline to represent existing
  4  conditions for total phosphorus, monitor long-term ecological
  5  changes, including water quality for total phosphorus, and
  6  measure compliance with water quality standards for total
  7  phosphorus, including the total maximum daily load for Lake
  8  Okeechobee as established pursuant to s. 403.067. The district
  9  shall also implement a total phosphorus monitoring program at
10  all inflow structures to Lake Okeechobee.
11         2.  By July 1, 2003, develop a Lake Okeechobee water
12  quality model that reasonably represents phosphorus dynamics
13  of the lake and incorporates an uncertainty analysis
14  associated with model predictions.
15         3.  By July 1, 2003, determine the relative
16  contribution of phosphorus from all identifiable sources and
17  all primary and secondary land uses.
18         4.  By July 1, 2003, conduct an assessment of the
19  sources of phosphorus from the Upper Kissimmee Chain-of-Lakes
20  and Lake Istokpoga, and their relative contribution to the
21  water quality of Lake Okeechobee. The results of this
22  assessment shall be used by the coordinating agencies to
23  develop interim measures, best management practices, or
24  regulation, as applicable.
25         5.  By July 1, 2003, assess current water management
26  practices within the Lake Okeechobee watershed and develop
27  recommendations for structural and operational improvements.
28  Such recommendations shall balance water supply, flood
29  control, and water quality considerations.
30         6.  By July 1, 2003, evaluate the feasibility of
31  alternative nutrient reduction technologies, including
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  1  sediment traps, canal and ditch maintenance, fish production
  2  or other aquaculture, bioenergy conversion processes, and
  3  algal or other biological treatment technologies.
  4         (e)  Lake Okeechobee Exotic Species Control
  5  Program.--By June 1, 2002, the coordinating agencies shall
  6  identify the exotic species that threaten the native flora and
  7  fauna within the Lake Okeechobee watershed and develop and
  8  implement measures to protect the native flora and fauna.
  9         (f)  Lake Okeechobee Internal Phosphorus Management
10  Program.--By July 1, 2003, the district, in cooperation with
11  the other coordinating agencies and interested parties, shall
12  complete a Lake Okeechobee internal phosphorus load removal
13  feasibility study. The feasibility study shall be based on
14  technical feasibility, as well as economic considerations, and
15  address all reasonable methods of phosphorus removal. If
16  methods are found to be feasible, the district shall
17  immediately pursue the design, funding, and permitting for
18  implementing such methods.
19         (g)  Annual progress report.--Each January 1, beginning
20  in 2001, the district shall submit to the Governor, the
21  President of the Senate, and the Speaker of the House of
22  Representatives annual progress reports regarding
23  implementation of this section. The annual report shall
24  include a summary of water quality and habitat conditions in
25  Lake Okeechobee and the Lake Okeechobee watershed and the
26  status of the Lake Okeechobee Construction Project. The
27  district shall prepare the report in cooperation with the
28  other coordinating agencies.
29         (4)  LAKE OKEECHOBEE PROTECTION PERMITS.--
30         (a)  The Legislature finds that the Lake Okeechobee
31  Protection Program will benefit Lake Okeechobee and downstream
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  1  receiving waters and is consistent with the public interest.
  2  The Lake Okeechobee Construction Project and structures
  3  discharging into or from Lake Okeechobee shall be constructed,
  4  operated, and maintained in accordance with this section.
  5         (b)  Permits obtained pursuant to this section are in
  6  lieu of all other permits under chapter 373 or chapter 403,
  7  except those issued under s. 403.0885, if applicable. No
  8  additional permits are required for the Lake Okeechobee
  9  Construction Project or structures discharging into or from
10  Lake Okeechobee. Construction activities related to
11  implementation of the Lake Okeechobee Construction Project may
12  be initiated prior to final agency action, or notice of
13  intended agency action, on any permit from the department
14  under this section.
15         (c)  Within 90 days of completion of the diversion
16  plans set forth in Department Consent Orders 91-0694, 91-0707,
17  91-0706, 91-0705, and RT50-205564, owners or operators of
18  existing structures which discharge into or from Lake
19  Okeechobee that are subject to the provisions of s.
20  373.4592(4)(a) shall apply for a permit from the department to
21  operate and maintain such structures. By September 1, 2000,
22  owners or operators of all other existing structures which
23  discharge into or from Lake Okeechobee shall apply for a
24  permit from the department to operate and maintain such
25  structures. The department shall issue one or more such
26  permits for a term of 5 years upon the demonstration of
27  reasonable assurance that schedules and strategies to achieve
28  and maintain compliance with water quality standards have been
29  provided for, to the maximum extent practicable, and that
30  operation of the structures otherwise complies with provisions
31  of ss. 373.413 and 373.416.
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  1         1.  Permits issued under this paragraph shall also
  2  contain reasonable conditions to ensure that discharges of
  3  waters through structures:
  4         a.  Are adequately and accurately monitored;
  5         b.  Will not degrade existing Lake Okeechobee water
  6  quality and will result in an overall reduction of phosphorus
  7  input into Lake Okeechobee, as set forth in the district's
  8  Technical Publication 81-2 and the total maximum daily load
  9  established in accordance with s. 403.067, to the maximum
10  extent practicable; and
11         c.  Do not pose a serious danger to public health,
12  safety, or welfare.
13         2.  For the purposes of this paragraph, owners and
14  operators of existing structures which are subject to the
15  provisions of s. 373.4592(4)(a) and which discharge into or
16  from Lake Okeechobee shall be deemed in compliance with the
17  term "maximum extent practicable" if they are in full
18  compliance with the conditions of permits under chapters
19  40E-61 and 40E-63, Florida Administrative Code.
20         3.  By January 1, 2004, the district shall submit to
21  the department a permit modification to the Lake Okeechobee
22  structure permits to incorporate proposed changes necessary to
23  ensure that discharges through the structures covered by this
24  permit achieve state water quality standards, including the
25  total maximum daily load established in accordance with s.
26  403.067. These changes shall be designed to achieve such
27  compliance with state water quality standards no later than
28  January 1, 2015.
29         (d)  The department shall require permits for Lake
30  Okeechobee Construction Project facilities. Such permits shall
31
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  1  be issued for a term of 5 years upon the demonstration of
  2  reasonable assurances that:
  3         1.  The Lake Okeechobee Construction Project facility,
  4  based upon the conceptual design documents and any subsequent
  5  detailed design documents developed by the district, will
  6  achieve the design objectives for phosphorus required in
  7  paragraph (3)(b);
  8         2.  For water quality standards other than phosphorus,
  9  the quality of water discharged from the facility is of equal
10  or better quality than the inflows;
11         3.  Discharges from the facility do not pose a serious
12  danger to public health, safety, or welfare; and
13         4.  Any impacts on wetlands or state-listed species
14  resulting from implementation of that facility of the Lake
15  Okeechobee Construction Project are minimized and mitigated,
16  as appropriate.
17         (e)  At least 60 days prior to the expiration of any
18  permit issued under this section, the permittee may apply for
19  a renewal thereof for a period of 5 years.
20         (f)  Permits issued under this section may include any
21  standard conditions provided by department rule which are
22  appropriate and consistent with this section.
23         (g)  Permits issued pursuant to this section may be
24  modified, as appropriate, upon review and approval by the
25  department.
26         (5)  RESTRICTIONS ON WATER DIVERSIONS.--The South
27  Florida Water Management District shall not divert waters to
28  the St. Lucie River, the Indian River estuary, the
29  Caloosahatchee River or its estuary, or the Everglades
30  National Park, in such a way that the state water quality
31  standards are violated, that the nutrients in such diverted
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  1  waters adversely affect indigenous vegetation communities or
  2  wildlife, or that fresh waters diverted to the St. Lucie River
  3  or the Caloosahatchee or Indian River estuaries adversely
  4  affect the estuarine vegetation or wildlife, unless the
  5  receiving waters will biologically benefit by the diversion.
  6  However, diversion is permitted when an emergency is declared
  7  by the water management district, if the Secretary of
  8  Environmental Protection concurs.
  9         (6)  PRESERVATION OF PROVISIONS RELATING TO THE
10  EVERGLADES.--Nothing in this section shall be construed to
11  modify any provision of s. 373.4592.
12         (7)  RIGHTS OF SEMINOLE TRIBE OF FLORIDA.--Nothing in
13  this section is intended to diminish or alter the governmental
14  authority and powers of the Seminole Tribe of Florida, or
15  diminish or alter the rights of that tribe, including, but not
16  limited to, rights under the water rights compact among the
17  Seminole Tribe of Florida, the state, and the South Florida
18  Water Management District as enacted by Pub. L. No. 100-228,
19  101 Stat. 1556, and chapter 87-292, Laws of Florida, and
20  codified in s. 285.165, and rights under any other agreement
21  between the Seminole Tribe of Florida and the state or its
22  agencies.  No land of the Seminole Tribe of Florida shall be
23  used for water storage or stormwater treatment without the
24  consent of the tribe.
25         (8)  RELATIONSHIP TO STATE WATER QUALITY
26  STANDARDS.--Nothing in this section shall be construed to
27  modify any existing state water quality standard.
28         (9)  PRESERVATION OF AUTHORITY.--Nothing in this
29  section shall be construed to restrict the authority otherwise
30  granted to agencies pursuant to chapters 373 and 403, and
31  provisions of this section shall be deemed supplemental to the
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  1  authority granted to agencies pursuant to chapters 373 and
  2  403.
  3         Section 2.  Subsections (9) and (10) are added to
  4  section 373.406, Florida Statues, to read:
  5         373.406  Exemptions.--The following exemptions shall
  6  apply:
  7         (9)  Implementation of measures having the primary
  8  purpose of environmental restoration or water quality
  9  improvement on agricultural lands are exempt from regulation
10  under this part where these measures or practices are
11  determined by the district or department, on a case-by-case
12  basis, to have minimal or insignificant individual and
13  cumulative adverse impact on the water resources of the state.
14  The district or department shall provide written notification
15  as to whether the proposed activity qualifies for the
16  exemption within 30 days after receipt of a written notice
17  requesting the exemption. No activity under this exemption
18  shall commence until the district or department has provided
19  written notice that the activity qualifies for the exemption.
20         (10)  Implementation of interim measures or best
21  management practices adopted pursuant to s. 403.067 that are
22  by rule designated as having minimal individual or cumulative
23  adverse impacts to the water resources of the state are exempt
24  from regulation under this part.
25         Section 3.  Paragraphs (a), (b), and (c) of subsection
26  (6) and paragraphs (a) and (b) of subsection (7) of section
27  403.067, Florida Statutes, are amended to read:
28         403.067  Establishment and implementation of total
29  maximum daily loads.--
30         (6)  CALCULATION AND ALLOCATION.--
31         (a)  Calculation of total maximum daily load.
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  1         1.  Prior to developing a total maximum daily load
  2  calculation for each water body or water body segment on the
  3  list specified in subsection (4), the department shall
  4  coordinate with applicable local governments, water management
  5  districts, the Department of Agriculture and Consumer
  6  Services, other appropriate state agencies, local soil and
  7  water conservation districts, environmental groups, regulated
  8  interests, and affected pollution sources to determine the
  9  information required, accepted methods of data collection and
10  analysis, and quality control/quality assurance requirements.
11  The analysis may include mathematical water quality modeling
12  using approved procedures and methods.
13         2.  The department shall develop total maximum daily
14  load calculations for each water body or water body segment on
15  the list described in subsection (4) according to the priority
16  ranking and schedule unless the impairment of such waters is
17  due solely to activities other than point and nonpoint sources
18  of pollution. For waters determined to be impaired due solely
19  to factors other than point and nonpoint sources of pollution,
20  no total maximum daily load will be required. A total maximum
21  daily load may be required for those waters that are impaired
22  predominantly due to activities other than point and nonpoint
23  sources. The total maximum daily load calculation shall
24  establish the amount of a pollutant that a water body or water
25  body segment may receive from all sources can assimilate
26  without exceeding water quality standards, and shall account
27  for seasonal variations and include a margin of safety that
28  takes into account any lack of knowledge concerning the
29  relationship between effluent limitations and water quality.
30  The total maximum daily load may be based on a pollutant load
31  reduction goal developed by a water management district,
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  1  provided that such pollutant load reduction goal is
  2  promulgated by the department in accordance with the
  3  procedural and substantive requirements of this subsection.
  4         (b)  Allocation of total maximum daily loads. The total
  5  maximum daily loads shall include establishment of reasonable
  6  and equitable allocations of the total maximum daily load
  7  among point and nonpoint sources that will alone, or in
  8  conjunction with other management and restoration activities,
  9  provide for the attainment of water quality standards and the
10  restoration of impaired waters. The allocations may shall
11  establish the maximum amount of the water pollutant from a
12  given source or category of sources that may be discharged or
13  released into the water body or water body segment in
14  combination with other discharges or releases. Allocations may
15  also be made to individual basins and sources or as a whole to
16  all basins and sources or categories of sources of inflow to
17  the water body or water body segments. Allocations Such
18  allocations shall be designed to attain water quality
19  standards and shall be based on consideration of the
20  following:
21         1.  Existing treatment levels and management practices;
22         2.  Differing impacts pollutant sources may have on
23  water quality;
24         3.  The availability of treatment technologies,
25  management practices, or other pollutant reduction measures;
26         4.  Environmental, economic, and technological
27  feasibility of achieving the allocation;
28         5.  The cost benefit associated with achieving the
29  allocation;
30         6.  Reasonable timeframes for implementation;
31
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  1         7.  Potential applicability of any moderating
  2  provisions such as variances, exemptions, and mixing zones;
  3  and
  4         8.  The extent to which nonattainment of water quality
  5  standards is caused by pollution sources outside of Florida,
  6  discharges that have ceased, or alterations to water bodies
  7  prior to the date of this act.
  8         (c)  Not later than February 1, 2001, the department
  9  shall submit a report to the Governor, the President of the
10  Senate, and the Speaker of the House of Representatives
11  containing recommendations, including draft legislation, for
12  any modifications to the process for allocating total maximum
13  daily loads, including the relationship between allocations
14  and the watershed or basin management planning process. Such
15  recommendations shall be developed by the department in
16  cooperation with a technical advisory committee which includes
17  representatives of affected parties, environmental
18  organizations, water management districts, and other
19  appropriate local, state, and federal government agencies. The
20  technical advisory committee shall also include such members
21  as may be designated by the President of the Senate and the
22  Speaker of the House of Representatives.
23         (7)  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
24         (a)  The department shall be the lead agency in
25  coordinating the implementation of the total maximum daily
26  loads load allocation through water quality protection
27  programs. Application of a total maximum daily load
28  calculation or allocation by a water management district shall
29  be consistent with this section and shall not require the
30  issuance of an order or a separate action pursuant to s.
31  120.536(1) or s. 120.54 for adoption of the calculation and
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  1  allocation previously established by the department. Such
  2  programs may include, but are not limited to:
  3         1.  Permitting and other existing regulatory programs;
  4         2.  Nonregulatory and incentive-based programs,
  5  including best management practices, cost sharing, waste
  6  minimization, pollution prevention, and public education;
  7         3.  Other water quality management and restoration
  8  activities, for example surface water improvement and
  9  management plans approved by water management districts under
10  s. 373.456 or watershed or basin management plans developed
11  pursuant to this subsection;
12         4.  Pollutant trading or other equitable economically
13  based agreements;
14         5.  Public works including capital facilities; or
15         6.  Land acquisition.
16         (b)  In developing and implementing the total maximum
17  daily load for a water body allocation, the department, or the
18  department in conjunction with a water management district,
19  may develop a watershed or basin management basin plan that
20  addresses some or all of the watersheds and basins tributary
21  to the water body. These plans The basin plan will serve to
22  fully integrate all the management strategies available to the
23  state for the purpose of implementing the total maximum daily
24  loads and achieving water quality restoration. The watershed
25  or basin management basin planning process is intended to
26  involve the broadest possible range of interested parties,
27  with the objective of encouraging the greatest amount of
28  cooperation and consensus possible. The department or water
29  management district shall hold at least one public meeting in
30  the vicinity of the watershed or basin to discuss and receive
31  comments during the basin planning process and shall otherwise
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  1  encourage public participation to the greatest practical
  2  extent. Notice of the public meeting shall be published in a
  3  newspaper of general circulation in each county in which the
  4  watershed or basin lies not less than 5 days nor more than 15
  5  days before the public meeting. A watershed or basin
  6  management basin plan shall not supplant or otherwise alter
  7  any assessment made under s. 403.086(3) and (4), or any
  8  calculation or allocation made under s. 403.086(6).
  9         Section 4.  The South Florida Water Management District
10  shall have the authority to manage lands it acquires for the
11  Kissimmee River Headwaters Revitalization Project to protect
12  and improve water quality, implement hydrological
13  improvements, protect fish and wildlife and endangered
14  species, and accomplish other best management practices on
15  district land in a manner that is consistent with surrounding
16  parks and preserves owned by the state. In acquiring land for
17  the Kissimmee River Headwaters Revitalization Project, the
18  South Florida Water Management District is encouraged to
19  acquire less than fee title where feasible and beneficial to
20  the protection of ecological values, fish and wildlife, and
21  endangered species, provided the objectives of restoring the
22  Everglades system are advanced and the project purposes of the
23  Kissimmee River Restoration Project and the Kissimmee River
24  Headwaters Revitalization Project are met. In determining the
25  fair market value of lands to be acquired from willing sellers
26  in the Upper Kissimmee chain-of-lakes hydrologic basin for
27  such purposes, all appraisals of such lands may consider
28  income from the use of the property for permanent plantings.
29  The derived value may be deemed attributable to the real
30  estate. Appraisers shall comply with the Uniform Standards of
31  Professional Appraisal Practice.
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  1         Section 5.  This act shall take effect upon becoming a
  2  law.
  3
  4
  5
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  6
  7                       ADDITIONAL SPONSORS
  8
    Arnall, Cosgrove, Bainter, Crow, Ogles, K. Smith, Hart,
  9
    Brummer, Kyle, Russell, Fiorentino, Flanagan, Bradley,
10
    Bullard, Tullis, Greenstein, Bilirakis, Kilmer, J. Miller,
11
    Bense, Stafford, Rayson, Gottlieb, Sobel, Henriquez, Hafner,
12
    Ball, Littlefield, Argenziano, Casey, Alexander, Bitner,
13
    Patterson, Roberts, Bronson, Byrd, Chestnut, Harrington, A.
14
    Greene, Wise, Melvin, Sembler, Sanderson, Garcia, Villalobos,
15
    Posey, Sorensen, Levine, Betancourt and Wiles
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