House Bill 0991er
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1
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.
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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
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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, estuarine salinity, maintenance of a healthy lake
30 littoral zone, and water quality considerations.
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1 6. By July 1, 2003, evaluate the feasibility of
2 alternative nutrient reduction technologies, including
3 sediment traps, canal and ditch maintenance, fish production
4 or other aquaculture, bioenergy conversion processes, and
5 algal or other biological treatment technologies.
6 (e) Lake Okeechobee Exotic Species Control
7 Program.--By June 1, 2002, the coordinating agencies shall
8 identify the exotic species that threaten the native flora and
9 fauna within the Lake Okeechobee watershed and develop and
10 implement measures to protect the native flora and fauna.
11 (f) Lake Okeechobee Internal Phosphorus Management
12 Program.--By July 1, 2003, the district, in cooperation with
13 the other coordinating agencies and interested parties, shall
14 complete a Lake Okeechobee internal phosphorus load removal
15 feasibility study. The feasibility study shall be based on
16 technical feasibility, as well as economic considerations, and
17 address all reasonable methods of phosphorus removal. If
18 methods are found to be feasible, the district shall
19 immediately pursue the design, funding, and permitting for
20 implementing such methods.
21 (g) Annual progress report.--Each January 1, beginning
22 in 2001, the district shall submit to the Governor, the
23 President of the Senate, and the Speaker of the House of
24 Representatives annual progress reports regarding
25 implementation of this section. The annual report shall
26 include a summary of water quality and habitat conditions in
27 Lake Okeechobee and the Lake Okeechobee watershed and the
28 status of the Lake Okeechobee Construction Project. The
29 district shall prepare the report in cooperation with the
30 other coordinating agencies.
31 (4) LAKE OKEECHOBEE PROTECTION PERMITS.--
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1 (a) The Legislature finds that the Lake Okeechobee
2 Protection Program will benefit Lake Okeechobee and downstream
3 receiving waters and is consistent with the public interest.
4 The Lake Okeechobee Construction Project and structures
5 discharging into or from Lake Okeechobee shall be constructed,
6 operated, and maintained in accordance with this section.
7 (b) Permits obtained pursuant to this section are in
8 lieu of all other permits under chapter 373 or chapter 403,
9 except those issued under s. 403.0885, if applicable. No
10 additional permits are required for the Lake Okeechobee
11 Construction Project or structures discharging into or from
12 Lake Okeechobee. Construction activities related to
13 implementation of the Lake Okeechobee Construction Project may
14 be initiated prior to final agency action, or notice of
15 intended agency action, on any permit from the department
16 under this section.
17 (c) Within 90 days of completion of the diversion
18 plans set forth in Department Consent Orders 91-0694, 91-0707,
19 91-0706, 91-0705, and RT50-205564, owners or operators of
20 existing structures which discharge into or from Lake
21 Okeechobee that are subject to the provisions of s.
22 373.4592(4)(a) shall apply for a permit from the department to
23 operate and maintain such structures. By September 1, 2000,
24 owners or operators of all other existing structures which
25 discharge into or from Lake Okeechobee shall apply for a
26 permit from the department to operate and maintain such
27 structures. The department shall issue one or more such
28 permits for a term of 5 years upon the demonstration of
29 reasonable assurance that schedules and strategies to achieve
30 and maintain compliance with water quality standards have been
31 provided for, to the maximum extent practicable, and that
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1 operation of the structures otherwise complies with provisions
2 of ss. 373.413 and 373.416.
3 1. Permits issued under this paragraph shall also
4 contain reasonable conditions to ensure that discharges of
5 waters through structures:
6 a. Are adequately and accurately monitored;
7 b. Will not degrade existing Lake Okeechobee water
8 quality and will result in an overall reduction of phosphorus
9 input into Lake Okeechobee, as set forth in the district's
10 Technical Publication 81-2 and the total maximum daily load
11 established in accordance with s. 403.067, to the maximum
12 extent practicable; and
13 c. Do not pose a serious danger to public health,
14 safety, or welfare.
15 2. For the purposes of this paragraph, owners and
16 operators of existing structures which are subject to the
17 provisions of s. 373.4592(4)(a) and which discharge into or
18 from Lake Okeechobee shall be deemed in compliance with the
19 term "maximum extent practicable" if they are in full
20 compliance with the conditions of permits under chapters
21 40E-61 and 40E-63, Florida Administrative Code.
22 3. By January 1, 2004, the district shall submit to
23 the department a permit modification to the Lake Okeechobee
24 structure permits to incorporate proposed changes necessary to
25 ensure that discharges through the structures covered by this
26 permit achieve state water quality standards, including the
27 total maximum daily load established in accordance with s.
28 403.067. These changes shall be designed to achieve such
29 compliance with state water quality standards no later than
30 January 1, 2015.
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1 (d) The department shall require permits for Lake
2 Okeechobee Construction Project facilities. Such permits shall
3 be issued for a term of 5 years upon the demonstration of
4 reasonable assurances that:
5 1. The Lake Okeechobee Construction Project facility,
6 based upon the conceptual design documents and any subsequent
7 detailed design documents developed by the district, will
8 achieve the design objectives for phosphorus required in
9 paragraph (3)(b);
10 2. For water quality standards other than phosphorus,
11 the quality of water discharged from the facility is of equal
12 or better quality than the inflows;
13 3. Discharges from the facility do not pose a serious
14 danger to public health, safety, or welfare; and
15 4. Any impacts on wetlands or state-listed species
16 resulting from implementation of that facility of the Lake
17 Okeechobee Construction Project are minimized and mitigated,
18 as appropriate.
19 (e) At least 60 days prior to the expiration of any
20 permit issued under this section, the permittee may apply for
21 a renewal thereof for a period of 5 years.
22 (f) Permits issued under this section may include any
23 standard conditions provided by department rule which are
24 appropriate and consistent with this section.
25 (g) Permits issued pursuant to this section may be
26 modified, as appropriate, upon review and approval by the
27 department.
28 (5) RESTRICTIONS ON WATER DIVERSIONS.--The South
29 Florida Water Management District shall not divert waters to
30 the St. Lucie River, the Indian River estuary, the
31 Caloosahatchee River or its estuary, or the Everglades
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1 National Park, in such a way that the state water quality
2 standards are violated, that the nutrients in such diverted
3 waters adversely affect indigenous vegetation communities or
4 wildlife, or that fresh waters diverted to the St. Lucie River
5 or the Caloosahatchee or Indian River estuaries adversely
6 affect the estuarine vegetation or wildlife, unless the
7 receiving waters will biologically benefit by the diversion.
8 However, diversion is permitted when an emergency is declared
9 by the water management district, if the Secretary of
10 Environmental Protection concurs.
11 (6) PRESERVATION OF PROVISIONS RELATING TO THE
12 EVERGLADES.--Nothing in this section shall be construed to
13 modify any provision of s. 373.4592.
14 (7) RIGHTS OF SEMINOLE TRIBE OF FLORIDA.--Nothing in
15 this section is intended to diminish or alter the governmental
16 authority and powers of the Seminole Tribe of Florida, or
17 diminish or alter the rights of that tribe, including, but not
18 limited to, rights under the water rights compact among the
19 Seminole Tribe of Florida, the state, and the South Florida
20 Water Management District as enacted by Pub. L. No. 100-228,
21 101 Stat. 1556, and chapter 87-292, Laws of Florida, and
22 codified in s. 285.165, and rights under any other agreement
23 between the Seminole Tribe of Florida and the state or its
24 agencies. No land of the Seminole Tribe of Florida shall be
25 used for water storage or stormwater treatment without the
26 consent of the tribe.
27 (8) RELATIONSHIP TO STATE WATER QUALITY
28 STANDARDS.--Nothing in this section shall be construed to
29 modify any existing state water quality standard.
30 (9) PRESERVATION OF AUTHORITY.--Nothing in this
31 section shall be construed to restrict the authority otherwise
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1 granted to agencies pursuant to chapters 373 and 403, and
2 provisions of this section shall be deemed supplemental to the
3 authority granted to agencies pursuant to chapters 373 and
4 403.
5 Section 2. Subsections (9) and (10) are added to
6 section 373.406, Florida Statues, to read:
7 373.406 Exemptions.--The following exemptions shall
8 apply:
9 (9) Implementation of measures having the primary
10 purpose of environmental restoration or water quality
11 improvement on agricultural lands are exempt from regulation
12 under this part where these measures or practices are
13 determined by the district or department, on a case-by-case
14 basis, to have minimal or insignificant individual and
15 cumulative adverse impact on the water resources of the state.
16 The district or department shall provide written notification
17 as to whether the proposed activity qualifies for the
18 exemption within 30 days after receipt of a written notice
19 requesting the exemption. No activity under this exemption
20 shall commence until the district or department has provided
21 written notice that the activity qualifies for the exemption.
22 (10) Implementation of interim measures or best
23 management practices adopted pursuant to s. 403.067 that are
24 by rule designated as having minimal individual or cumulative
25 adverse impacts to the water resources of the state are exempt
26 from regulation under this part.
27 Section 3. Paragraphs (a), (b), and (c) of subsection
28 (6) and paragraphs (a) and (b) of subsection (7) of section
29 403.067, Florida Statutes, are amended to read:
30 403.067 Establishment and implementation of total
31 maximum daily loads.--
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1 (6) CALCULATION AND ALLOCATION.--
2 (a) Calculation of total maximum daily load.
3 1. Prior to developing a total maximum daily load
4 calculation for each water body or water body segment on the
5 list specified in subsection (4), the department shall
6 coordinate with applicable local governments, water management
7 districts, the Department of Agriculture and Consumer
8 Services, other appropriate state agencies, local soil and
9 water conservation districts, environmental groups, regulated
10 interests, and affected pollution sources to determine the
11 information required, accepted methods of data collection and
12 analysis, and quality control/quality assurance requirements.
13 The analysis may include mathematical water quality modeling
14 using approved procedures and methods.
15 2. The department shall develop total maximum daily
16 load calculations for each water body or water body segment on
17 the list described in subsection (4) according to the priority
18 ranking and schedule unless the impairment of such waters is
19 due solely to activities other than point and nonpoint sources
20 of pollution. For waters determined to be impaired due solely
21 to factors other than point and nonpoint sources of pollution,
22 no total maximum daily load will be required. A total maximum
23 daily load may be required for those waters that are impaired
24 predominantly due to activities other than point and nonpoint
25 sources. The total maximum daily load calculation shall
26 establish the amount of a pollutant that a water body or water
27 body segment may receive from all sources can assimilate
28 without exceeding water quality standards, and shall account
29 for seasonal variations and include a margin of safety that
30 takes into account any lack of knowledge concerning the
31 relationship between effluent limitations and water quality.
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1 The total maximum daily load may be based on a pollutant load
2 reduction goal developed by a water management district,
3 provided that such pollutant load reduction goal is
4 promulgated by the department in accordance with the
5 procedural and substantive requirements of this subsection.
6 (b) Allocation of total maximum daily loads. The total
7 maximum daily loads shall include establishment of reasonable
8 and equitable allocations of the total maximum daily load
9 among point and nonpoint sources that will alone, or in
10 conjunction with other management and restoration activities,
11 provide for the attainment of water quality standards and the
12 restoration of impaired waters. The allocations may shall
13 establish the maximum amount of the water pollutant from a
14 given source or category of sources that may be discharged or
15 released into the water body or water body segment in
16 combination with other discharges or releases. Allocations may
17 also be made to individual basins and sources or as a whole to
18 all basins and sources or categories of sources of inflow to
19 the water body or water body segments. Allocations Such
20 allocations shall be designed to attain water quality
21 standards and shall be based on consideration of the
22 following:
23 1. Existing treatment levels and management practices;
24 2. Differing impacts pollutant sources may have on
25 water quality;
26 3. The availability of treatment technologies,
27 management practices, or other pollutant reduction measures;
28 4. Environmental, economic, and technological
29 feasibility of achieving the allocation;
30 5. The cost benefit associated with achieving the
31 allocation;
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1 6. Reasonable timeframes for implementation;
2 7. Potential applicability of any moderating
3 provisions such as variances, exemptions, and mixing zones;
4 and
5 8. The extent to which nonattainment of water quality
6 standards is caused by pollution sources outside of Florida,
7 discharges that have ceased, or alterations to water bodies
8 prior to the date of this act.
9 (c) Not later than February 1, 2001, the department
10 shall submit a report to the Governor, the President of the
11 Senate, and the Speaker of the House of Representatives
12 containing recommendations, including draft legislation, for
13 any modifications to the process for allocating total maximum
14 daily loads, including the relationship between allocations
15 and the watershed or basin management planning process. Such
16 recommendations shall be developed by the department in
17 cooperation with a technical advisory committee which includes
18 representatives of affected parties, environmental
19 organizations, water management districts, and other
20 appropriate local, state, and federal government agencies. The
21 technical advisory committee shall also include such members
22 as may be designated by the President of the Senate and the
23 Speaker of the House of Representatives.
24 (7) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
25 (a) The department shall be the lead agency in
26 coordinating the implementation of the total maximum daily
27 loads load allocation through water quality protection
28 programs. Application of a total maximum daily load
29 calculation or allocation by a water management district shall
30 be consistent with this section and shall not require the
31 issuance of an order or a separate action pursuant to s.
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1 120.536(1) or s. 120.54 for adoption of the calculation and
2 allocation previously established by the department. Such
3 programs may include, but are not limited to:
4 1. Permitting and other existing regulatory programs;
5 2. Nonregulatory and incentive-based programs,
6 including best management practices, cost sharing, waste
7 minimization, pollution prevention, and public education;
8 3. Other water quality management and restoration
9 activities, for example surface water improvement and
10 management plans approved by water management districts under
11 s. 373.456 or watershed or basin management plans developed
12 pursuant to this subsection;
13 4. Pollutant trading or other equitable economically
14 based agreements;
15 5. Public works including capital facilities; or
16 6. Land acquisition.
17 (b) In developing and implementing the total maximum
18 daily load for a water body allocation, the department, or the
19 department in conjunction with a water management district,
20 may develop a watershed or basin management basin plan that
21 addresses some or all of the watersheds and basins tributary
22 to the water body. These plans The basin plan will serve to
23 fully integrate all the management strategies available to the
24 state for the purpose of implementing the total maximum daily
25 loads and achieving water quality restoration. The watershed
26 or basin management basin planning process is intended to
27 involve the broadest possible range of interested parties,
28 with the objective of encouraging the greatest amount of
29 cooperation and consensus possible. The department or water
30 management district shall hold at least one public meeting in
31 the vicinity of the watershed or basin to discuss and receive
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1 comments during the basin planning process and shall otherwise
2 encourage public participation to the greatest practical
3 extent. Notice of the public meeting shall be published in a
4 newspaper of general circulation in each county in which the
5 watershed or basin lies not less than 5 days nor more than 15
6 days before the public meeting. A watershed or basin
7 management basin plan shall not supplant or otherwise alter
8 any assessment made under s. 403.086(3) and (4), or any
9 calculation or allocation made under s. 403.086(6).
10 Section 4. The South Florida Water Management District
11 shall have the authority to manage lands it acquires for the
12 Kissimmee River Headwaters Revitalization Project to protect
13 and improve water quality, implement hydrological
14 improvements, protect fish and wildlife and endangered
15 species, and accomplish other best management practices on
16 district land in a manner that is consistent with surrounding
17 parks and preserves owned by the state. In acquiring land for
18 the Kissimmee River Headwaters Revitalization Project, the
19 South Florida Water Management District is encouraged to
20 acquire less than fee title where feasible and beneficial to
21 the protection of ecological values, fish and wildlife, and
22 endangered species, provided the objectives of restoring the
23 Everglades system are advanced and the project purposes of the
24 Kissimmee River Restoration Project and the Kissimmee River
25 Headwaters Revitalization Project are met. In determining the
26 fair market value of lands to be acquired from willing sellers
27 in the Upper Kissimmee chain-of-lakes hydrologic basin for
28 such purposes, all appraisals of such lands may consider
29 income from the use of the property for permanent plantings.
30 The derived value may be deemed attributable to the real
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1 estate. Appraisers shall comply with the Uniform Standards of
2 Professional Appraisal Practice.
3 Section 5. This act shall take effect upon becoming a
4 law.
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