House Bill hb0879c1
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Florida House of Representatives - 2002 CS/HB 879
By the Committee on Natural Resources & Environmental
Protection and Representatives Spratt, Attkisson, Alexander,
Kendrick, Bense, Stansel, Bennett, Brown, Evers, Gottlieb,
Harrell, Holloway and Harrington
1 A bill to be entitled
2 An act relating to protection of Lake
3 Okeechobee; amending s. 373.4595, F.S.;
4 providing eligibility requirements for projects
5 that reduce nutrient outputs on private lands
6 for grants available from coordinating
7 agencies; providing additional entities
8 required to develop agricultural use plans
9 limiting residual applications based on
10 phosphorus loading; providing a deadline for
11 meeting phosphorus loading limitations
12 established in the water management district's
13 WOD program; requiring certain entities to
14 develop and submit agricultural use plans
15 limiting septage applications based on
16 phosphorus loading to the Department of Health
17 by a specified date; providing a deadline for
18 meeting phosphorus loading limitations
19 established in the water management district's
20 WOD program; providing additional entities
21 required to develop conservation or nutrient
22 management plans limiting the land application
23 of manure based on phosphorus loading;
24 providing an effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Paragraph (c) of subsection (3) of section
29 373.4595, Florida Statutes, is amended to read:
30 373.4595 Lake Okeechobee Protection Program.--
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Florida House of Representatives - 2002 CS/HB 879
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1 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
2 program for Lake Okeechobee that achieves phosphorus load
3 reductions for Lake Okeechobee shall be immediately
4 implemented as specified in this subsection. The program shall
5 address the reduction of phosphorus loading to the lake from
6 both internal and external sources. Phosphorus load reductions
7 shall be achieved through a phased program of implementation.
8 Initial implementation actions shall be technology-based,
9 based upon a consideration of both the availability of
10 appropriate technology and the cost of such technology, and
11 shall include phosphorus reduction measures at both the source
12 and the regional level. The initial phase of phosphorus load
13 reductions shall be based upon the district's Technical
14 Publication 81-2 and the district's WOD program, with
15 subsequent phases of phosphorus load reductions based upon the
16 total maximum daily loads established in accordance with s.
17 403.067. In the development and administration of the Lake
18 Okeechobee Protection Program, the coordinating agencies shall
19 maximize opportunities provided by federal cost-sharing
20 programs and opportunities for partnerships with the private
21 sector.
22 (c) Lake Okeechobee Watershed Phosphorus Control
23 Program.--The Lake Okeechobee Watershed Phosphorus Control
24 Program is designed to be a multifaceted approach to reducing
25 phosphorus loads by improving the management of phosphorus
26 sources within the Lake Okeechobee watershed through continued
27 implementation of existing regulations and best management
28 practices, development and implementation of improved best
29 management practices, improvement and restoration of the
30 hydrologic function of natural and managed systems, and
31 utilization of alternative technologies for nutrient
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Florida House of Representatives - 2002 CS/HB 879
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1 reduction. The coordinating agencies shall facilitate the
2 application of federal programs that offer opportunities for
3 water quality treatment, including preservation, restoration,
4 or creation of wetlands on agricultural lands.
5 1. Agricultural nonpoint source best management
6 practices, developed in accordance with s. 403.067 and
7 designed to achieve the objectives of the Lake Okeechobee
8 Protection Program, shall be implemented on an expedited
9 basis. By March 1, 2001, the coordinating agencies shall
10 develop an interagency agreement pursuant to ss. 373.046 and
11 373.406(5) that assures the development of best management
12 practices that complement existing regulatory programs and
13 specifies how those best management practices are implemented
14 and verified. The interagency agreement shall address measures
15 to be taken by the coordinating agencies during any best
16 management practice reevaluation performed pursuant to
17 sub-subparagraph d. The department shall use best professional
18 judgment in making the initial determination of best
19 management practice effectiveness.
20 a. As provided in s. 403.067(7)(d), by October 1,
21 2000, the Department of Agriculture and Consumer Services, in
22 consultation with the department, the district, and affected
23 parties, shall initiate rule development for interim measures,
24 best management practices, conservation plans, nutrient
25 management plans, or other measures necessary for Lake
26 Okeechobee phosphorus load reduction. The rule shall include
27 thresholds for requiring conservation and nutrient management
28 plans and criteria for the contents of such plans. Development
29 of agricultural nonpoint source best management practices
30 shall initially focus on those priority basins listed in
31 subparagraph (b)1. The Department of Agriculture and Consumer
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Florida House of Representatives - 2002 CS/HB 879
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1 Services, in consultation with the department, the district,
2 and affected parties, shall conduct an ongoing program for
3 improvement of existing and development of new interim
4 measures or best management practices for the purpose of
5 adoption of such practices by rule.
6 b. Where agricultural nonpoint source best management
7 practices or interim measures have been adopted by rule of the
8 Department of Agriculture and Consumer Services, the owner or
9 operator of an agricultural nonpoint source addressed by such
10 rule shall either implement interim measures or best
11 management practices or demonstrate compliance with the
12 district's WOD program by conducting monitoring prescribed by
13 the department or the district. Owners or operators of
14 agricultural nonpoint sources who implement interim measures
15 or best management practices adopted by rule of the Department
16 of Agriculture and Consumer Services shall be subject to the
17 provisions of s. 403.067(7). The Department of Agriculture and
18 Consumer Services, in cooperation with the department and the
19 district, shall provide technical and financial assistance for
20 implementation of agricultural best management practices,
21 subject to the availability of funds.
22 c. The district or department shall conduct monitoring
23 at representative sites to verify the effectiveness of
24 agricultural nonpoint source best management practices.
25 d. Where water quality problems are detected for
26 agricultural nonpoint sources despite the appropriate
27 implementation of adopted best management practices, the
28 Department of Agriculture and Consumer Services, in
29 consultation with the other coordinating agencies and affected
30 parties, shall institute a reevaluation of the best management
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1 practices and make appropriate changes to the rule adopting
2 best management practices.
3 2. Nonagricultural nonpoint source best management
4 practices, developed in accordance with s. 403.067 and
5 designed to achieve the objectives of the Lake Okeechobee
6 Protection Program, shall be implemented on an expedited
7 basis. By March 1, 2001, the department and the district shall
8 develop an interagency agreement pursuant to ss. 373.046 and
9 373.406(5) that assures the development of best management
10 practices that complement existing regulatory programs and
11 specifies how those best management practices are implemented
12 and verified. The interagency agreement shall address measures
13 to be taken by the department and the district during any best
14 management practice reevaluation performed pursuant to
15 sub-subparagraph d.
16 a. The department and the district are directed to
17 work with the University of Florida's Institute of Food and
18 Agricultural Sciences to develop appropriate nutrient
19 application rates for all nonagricultural soil amendments in
20 the watershed. As provided in s. 403.067(7)(c), by January 1,
21 2001, the department, in consultation with the district and
22 affected parties, shall develop interim measures, best
23 management practices, or other measures necessary for Lake
24 Okeechobee phosphorus load reduction. Development of
25 nonagricultural nonpoint source best management practices
26 shall initially focus on those priority basins listed in
27 subparagraph (b)1. The department, the district, and affected
28 parties shall conduct an ongoing program for improvement of
29 existing and development of new interim measures or best
30 management practices. The district shall adopt
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1 technology-based standards under the district's WOD program
2 for nonagricultural nonpoint sources of phosphorus.
3 b. Where nonagricultural nonpoint source best
4 management practices or interim measures have been developed
5 by the department and adopted by the district, the owner or
6 operator of a nonagricultural nonpoint source shall implement
7 interim measures or best management practices and be subject
8 to the provisions of s. 403.067(7). The department and
9 district shall provide technical and financial assistance for
10 implementation of nonagricultural nonpoint source best
11 management practices, subject to the availability of funds.
12 c. The district or the department shall conduct
13 monitoring at representative sites to verify the effectiveness
14 of nonagricultural nonpoint source best management practices.
15 d. Where water quality problems are detected for
16 nonagricultural nonpoint sources despite the appropriate
17 implementation of adopted best management practices, the
18 department and the district shall institute a reevaluation of
19 the best management practices.
20 3. The provisions of subparagraphs 1. and 2. shall not
21 preclude the department or the district from requiring
22 compliance with water quality standards or with current best
23 management practices requirements set forth in any applicable
24 regulatory program authorized by law for the purpose of
25 protecting water quality. Additionally, subparagraphs 1. and
26 2. are applicable only to the extent that they do not conflict
27 with any rules promulgated by the department that are
28 necessary to maintain a federally delegated or approved
29 program.
30 4. Projects which reduce the phosphorus load
31 originating from domestic wastewater systems within the Lake
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1 Okeechobee watershed shall be given funding priority in the
2 department's revolving loan program under s. 403.1835. The
3 department shall coordinate and provide assistance to those
4 local governments seeking financial assistance for such
5 priority projects.
6 5. Projects that reduce nutrient outputs on private
7 lands by restoring the natural hydrology of the basin,
8 restoring wildlife habitat or impacted wetlands, reducing peak
9 flows after storm events, increasing aquifer recharge, and
10 protecting range and timberland from conversion to development
11 are eligible for grants available under this section from the
12 coordinating agencies. For projects of otherwise equal
13 priority, funding priority will be given to those projects
14 that involve public-private partnerships or that obtain
15 federal match money. Grant applications may be submitted by
16 any person, and eligible projects may include, but are not
17 limited to, the purchase of conservation and flowage
18 easements, hydrologic restoration of wetlands, development of
19 a management plan for natural resources, and financial support
20 to implement a management plan.
21 6.5.a. The department shall require all entities
22 disposing of domestic wastewater residuals within the Lake
23 Okeechobee watershed and the remaining areas of Okeechobee,
24 Glades, and Hendry Counties to develop and submit to the
25 department by July 1, 2001, an agricultural use plan that
26 limits applications based upon phosphorus loading. By July 1,
27 2005, phosphorus loading originating from these application
28 sites shall not exceed the limits established in the
29 district's WOD program.
30 b. Private and government-owned utilities within
31 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
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1 River, Okeechobee, Highlands, Hendry, and Glades counties that
2 dispose of wastewater residual sludge from utility operations
3 and septic removal by land spreading in the Lake Okeechobee
4 watershed may use a line item on local sewer rates to cover
5 wastewater residual treatment and disposal if such disposal
6 and treatment is done by approved alternative treatment
7 methodology at a facility located within the areas designated
8 by the Governor as rural areas of critical economic concern
9 pursuant to s. 288.0656. This additional line item is an
10 environmental protection disposal fee above the present sewer
11 rate and shall not be considered a part of the present sewer
12 rate to customers, notwithstanding provisions to the contrary
13 in chapter 367. The fee shall be established by the county
14 commission or its designated assignee in the county in which
15 the alternative method treatment facility is located. The fee
16 shall be calculated to be no higher than that necessary to
17 recover the facility's prudent cost of providing the service.
18 Upon request by an affected county commission, the Florida
19 Public Service Commission will provide assistance in
20 establishing the fee. Further, for utilities and utility
21 authorities that use the additional line item environmental
22 protection disposal fee, such fee shall not be considered a
23 rate increase under the rules of the Public Service Commission
24 and shall be exempt from such rules. Utilities using the
25 provisions of this section may immediately include in their
26 sewer invoicing the new environmental protection disposal fee.
27 Proceeds from this environmental protection disposal fee shall
28 be used for treatment and disposal of wastewater residuals,
29 including any treatment technology that helps reduce the
30 volume of residuals that require final disposal, but such
31 proceeds shall not be used for transportation or shipment
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1 costs for disposal or any costs relating to the land
2 application of residuals in the Lake Okeechobee watershed.
3 c. No less frequently than once every 3 years, the
4 Florida Public Service Commission or the county commission
5 through the services of an independent auditor shall perform a
6 financial audit of all facilities receiving compensation from
7 an environmental protection disposal fee. The Florida Public
8 Service Commission or the county commission through the
9 services of an independent auditor shall also perform an audit
10 of the methodology used in establishing the environmental
11 protection disposal fee. The Florida Public Service Commission
12 or the county commission shall, within 120 days after
13 completion of an audit, file the audit report with the
14 President of the Senate and the Speaker of the House of
15 Representatives and shall provide copies to the county
16 commissions of the counties set forth in sub-subparagraph b.
17 The books and records of any facilities receiving compensation
18 from an environmental protection disposal fee shall be open to
19 the Florida Public Service Commission and the Auditor General
20 for review upon request.
21 7. The Department of Health shall require all entities
22 disposing of septage within the Lake Okeechobee watershed and
23 the remaining areas of Okeechobee, Glades, and Hendry Counties
24 to develop and submit to that agency, by July 1, 2003, an
25 agricultural use plan that limits applications based upon
26 phosphorus loading. By July 1, 2005, phosphorus loading
27 originating from these application sites shall not exceed the
28 limits established in the district's WOD program.
29 8.6. By July 1, 2001, the Department of Agriculture
30 and Consumer Services shall initiate rulemaking requiring
31 entities within the Lake Okeechobee watershed and the
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1 remaining areas of Okeechobee, Glades, and Hendry Counties
2 which land-apply animal manure to develop conservation or
3 nutrient management plans that limit application, based upon
4 phosphorus loading. Such rules may include criteria and
5 thresholds for the requirement to develop a conservation or
6 nutrient management plan, requirements for plan approval, and
7 recordkeeping requirements.
8 9.7. Prior to authorizing a discharge into works of
9 the district, the district shall require responsible parties
10 to demonstrate that proposed changes in land use will not
11 result in increased phosphorus loading over that of existing
12 land uses.
13 10.8. The district, the department, or the Department
14 of Agriculture and Consumer Services, as appropriate, shall
15 implement those alternative nutrient reduction technologies
16 determined to be feasible pursuant to subparagraph (d)6.
17 Section 2. This act shall take effect upon becoming a
18 law.
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