House Bill hb0879c2

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    Florida House of Representatives - 2002           CS/CS/HB 879

        By the Council for Ready Infrastructure and 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 pollution reduction;

  3         amending s. 373.4595, F.S.; providing

  4         eligibility requirements for projects that

  5         reduce nutrient outputs on private lands for

  6         grants available from coordinating agencies;

  7         providing additional entities required to

  8         develop agricultural use plans limiting

  9         residual applications based on phosphorus

10         loading; providing a deadline for meeting

11         phosphorus loading limitations established in

12         the water management district's WOD program;

13         requiring certain entities to develop and

14         submit agricultural use plans limiting septage

15         applications based on phosphorus loading to the

16         Department of Health by a specified date;

17         providing a deadline for meeting phosphorus

18         loading limitations established in the water

19         management district's WOD program; providing

20         additional entities required to develop

21         conservation or nutrient management plans

22         limiting the land application of manure based

23         on phosphorus loading; amending s. 381.0066,

24         F.S.; authorizing the continuation of research

25         fees for onsite sewage treatment and disposal

26         system construction permits; amending s.

27         403.067, F.S.; authorizing the development of

28         interim measures or best management practices

29         for specified water bodies or segments for

30         which total maximum daily loads or allocations

31         have not yet been established; amending s.

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  1         403.121, F.S.; providing that a professional

  2         engineer is not the agent of an owner or tenant

  3         for purposes of enforcing penalties for

  4         unpermitted dredging or filling or mangrove

  5         trimming; providing an effective date.

  6

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

  8

  9         Section 1.  Paragraph (c) of subsection (3) of section

10  373.4595, Florida Statutes, is amended to read:

11         373.4595  Lake Okeechobee Protection Program.--

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

13  program for Lake Okeechobee that achieves phosphorus load

14  reductions for Lake Okeechobee shall be immediately

15  implemented as specified in this subsection. The program shall

16  address the reduction of phosphorus loading to the lake from

17  both internal and external sources. Phosphorus load reductions

18  shall be achieved through a phased program of implementation.

19  Initial implementation actions shall be technology-based,

20  based upon a consideration of both the availability of

21  appropriate technology and the cost of such technology, and

22  shall include phosphorus reduction measures at both the source

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

24  reductions shall be based upon the district's Technical

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

26  subsequent phases of phosphorus load reductions based upon the

27  total maximum daily loads established in accordance with s.

28  403.067. In the development and administration of the Lake

29  Okeechobee Protection Program, the coordinating agencies shall

30  maximize opportunities provided by federal cost-sharing

31

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  1  programs and opportunities for partnerships with the private

  2  sector.

  3         (c)  Lake Okeechobee Watershed Phosphorus Control

  4  Program.--The Lake Okeechobee Watershed Phosphorus Control

  5  Program is designed to be a multifaceted approach to reducing

  6  phosphorus loads by improving the management of phosphorus

  7  sources within the Lake Okeechobee watershed through continued

  8  implementation of existing regulations and best management

  9  practices, development and implementation of improved best

10  management practices, improvement and restoration of the

11  hydrologic function of natural and managed systems, and

12  utilization of alternative technologies for nutrient

13  reduction. The coordinating agencies shall facilitate the

14  application of federal programs that offer opportunities for

15  water quality treatment, including preservation, restoration,

16  or creation of wetlands on agricultural lands.

17         1.  Agricultural nonpoint source best management

18  practices, developed in accordance with s. 403.067 and

19  designed to achieve the objectives of the Lake Okeechobee

20  Protection Program, shall be implemented on an expedited

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

22  develop an interagency agreement pursuant to ss. 373.046 and

23  373.406(5) that assures the development of best management

24  practices that complement existing regulatory programs and

25  specifies how those best management practices are implemented

26  and verified. The interagency agreement shall address measures

27  to be taken by the coordinating agencies during any best

28  management practice reevaluation performed pursuant to

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

30  judgment in making the initial determination of best

31  management practice effectiveness.

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

  2  2000, the Department of Agriculture and Consumer Services, in

  3  consultation with the department, the district, and affected

  4  parties, shall initiate rule development for interim measures,

  5  best management practices, conservation plans, nutrient

  6  management plans, or other measures necessary for Lake

  7  Okeechobee phosphorus load reduction. The rule shall include

  8  thresholds for requiring conservation and nutrient management

  9  plans and criteria for the contents of such plans. Development

10  of agricultural nonpoint source best management practices

11  shall initially focus on those priority basins listed in

12  subparagraph (b)1. The Department of Agriculture and Consumer

13  Services, in consultation with the department, the district,

14  and affected parties, shall conduct an ongoing program for

15  improvement of existing and development of new interim

16  measures or best management practices for the purpose of

17  adoption of such practices by rule.

18         b.  Where agricultural nonpoint source best management

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

20  Department of Agriculture and Consumer Services, the owner or

21  operator of an agricultural nonpoint source addressed by such

22  rule shall either implement interim measures or best

23  management practices or demonstrate compliance with the

24  district's WOD program by conducting monitoring prescribed by

25  the department or the district. Owners or operators of

26  agricultural nonpoint sources who implement interim measures

27  or best management practices adopted by rule of the Department

28  of Agriculture and Consumer Services shall be subject to the

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

30  Consumer Services, in cooperation with the department and the

31  district, shall provide technical and financial assistance for

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  1  implementation of agricultural best management practices,

  2  subject to the availability of funds.

  3         c.  The district or department shall conduct monitoring

  4  at representative sites to verify the effectiveness of

  5  agricultural nonpoint source best management practices.

  6         d.  Where water quality problems are detected for

  7  agricultural nonpoint sources despite the appropriate

  8  implementation of adopted best management practices, the

  9  Department of Agriculture and Consumer Services, in

10  consultation with the other coordinating agencies and affected

11  parties, shall institute a reevaluation of the best management

12  practices and make appropriate changes to the rule adopting

13  best management practices.

14         2.  Nonagricultural nonpoint source best management

15  practices, developed in accordance with s. 403.067 and

16  designed to achieve the objectives of the Lake Okeechobee

17  Protection Program, shall be implemented on an expedited

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

19  develop an interagency agreement pursuant to ss. 373.046 and

20  373.406(5) that assures the development of best management

21  practices that complement existing regulatory programs and

22  specifies how those best management practices are implemented

23  and verified. The interagency agreement shall address measures

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

25  management practice reevaluation performed pursuant to

26  sub-subparagraph d.

27         a.  The department and the district are directed to

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

29  Agricultural Sciences to develop appropriate nutrient

30  application rates for all nonagricultural soil amendments in

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

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  1  2001, the department, in consultation with the district and

  2  affected parties, shall develop interim measures, best

  3  management practices, or other measures necessary for Lake

  4  Okeechobee phosphorus load reduction. Development of

  5  nonagricultural nonpoint source best management practices

  6  shall initially focus on those priority basins listed in

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

  8  parties shall conduct an ongoing program for improvement of

  9  existing and development of new interim measures or best

10  management practices. The district shall adopt

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

12  for nonagricultural nonpoint sources of phosphorus.

13         b.  Where nonagricultural nonpoint source best

14  management practices or interim measures have been developed

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

16  operator of a nonagricultural nonpoint source shall implement

17  interim measures or best management practices and be subject

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

19  district shall provide technical and financial assistance for

20  implementation of nonagricultural nonpoint source best

21  management practices, subject to the availability of funds.

22         c.  The district or the department shall conduct

23  monitoring at representative sites to verify the effectiveness

24  of nonagricultural nonpoint source best management practices.

25         d.  Where water quality problems are detected for

26  nonagricultural nonpoint sources despite the appropriate

27  implementation of adopted best management practices, the

28  department and the district shall institute a reevaluation of

29  the best management practices.

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

31  preclude the department or the district from requiring

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  1  compliance with water quality standards or with current best

  2  management practices requirements set forth in any applicable

  3  regulatory program authorized by law for the purpose of

  4  protecting water quality. Additionally, subparagraphs 1. and

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

  6  with any rules promulgated by the department that are

  7  necessary to maintain a federally delegated or approved

  8  program.

  9         4.  Projects which reduce the phosphorus load

10  originating from domestic wastewater systems within the Lake

11  Okeechobee watershed shall be given funding priority in the

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

13  department shall coordinate and provide assistance to those

14  local governments seeking financial assistance for such

15  priority projects.

16         5.  Projects that make use of private lands to reduce

17  nutrient loadings or concentrations within a basin by one or

18  more of the following methods:  restoring the natural

19  hydrology of the basin, restoring wildlife habitat or impacted

20  wetlands, reducing peak flows after storm events, increasing

21  aquifer recharge, or protecting range and timberland from

22  conversion to development, are eligible for grants available

23  under this section from the coordinating agencies.  For

24  projects of otherwise equal priority, funding priority will be

25  given to those projects that make best use of the methods

26  outlined above that involve public-private partnerships or

27  that obtain federal match money.  Grant applications may be

28  submitted by any person, and eligible projects may include,

29  but are not limited to, the purchase of conservation and

30  flowage easements, hydrologic restoration of wetlands,

31  creating treatment wetlands, development of a management plan

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  1  for natural resources, and financial support to implement a

  2  management plan.

  3         6.5.a.  The department shall require all entities

  4  disposing of domestic wastewater residuals within the Lake

  5  Okeechobee watershed and the remaining areas of Okeechobee,

  6  Glades, and Hendry Counties to develop and submit to the

  7  department by July 1, 2001, an agricultural use plan that

  8  limits applications based upon phosphorus loading. By July 1,

  9  2005, phosphorus loading originating from these application

10  sites shall not exceed the limits established in the

11  district's WOD program.

12         b.  Private and government-owned utilities within

13  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

14  River, Okeechobee, Highlands, Hendry, and Glades counties that

15  dispose of wastewater residual sludge from utility operations

16  and septic removal by land spreading in the Lake Okeechobee

17  watershed may use a line item on local sewer rates to cover

18  wastewater residual treatment and disposal if such disposal

19  and treatment is done by approved alternative treatment

20  methodology at a facility located within the areas designated

21  by the Governor as rural areas of critical economic concern

22  pursuant to s. 288.0656. This additional line item is an

23  environmental protection disposal fee above the present sewer

24  rate and shall not be considered a part of the present sewer

25  rate to customers, notwithstanding provisions to the contrary

26  in chapter 367. The fee shall be established by the county

27  commission or its designated assignee in the county in which

28  the alternative method treatment facility is located. The fee

29  shall be calculated to be no higher than that necessary to

30  recover the facility's prudent cost of providing the service.

31  Upon request by an affected county commission, the Florida

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  1  Public Service Commission will provide assistance in

  2  establishing the fee. Further, for utilities and utility

  3  authorities that use the additional line item environmental

  4  protection disposal fee, such fee shall not be considered a

  5  rate increase under the rules of the Public Service Commission

  6  and shall be exempt from such rules. Utilities using the

  7  provisions of this section may immediately include in their

  8  sewer invoicing the new environmental protection disposal fee.

  9  Proceeds from this environmental protection disposal fee shall

10  be used for treatment and disposal of wastewater residuals,

11  including any treatment technology that helps reduce the

12  volume of residuals that require final disposal, but such

13  proceeds shall not be used for transportation or shipment

14  costs for disposal or any costs relating to the land

15  application of residuals in the Lake Okeechobee watershed.

16         c.  No less frequently than once every 3 years, the

17  Florida Public Service Commission or the county commission

18  through the services of an independent auditor shall perform a

19  financial audit of all facilities receiving compensation from

20  an environmental protection disposal fee. The Florida Public

21  Service Commission or the county commission through the

22  services of an independent auditor shall also perform an audit

23  of the methodology used in establishing the environmental

24  protection disposal fee. The Florida Public Service Commission

25  or the county commission shall, within 120 days after

26  completion of an audit, file the audit report with the

27  President of the Senate and the Speaker of the House of

28  Representatives and shall provide copies to the county

29  commissions of the counties set forth in sub-subparagraph b.

30  The books and records of any facilities receiving compensation

31  from an environmental protection disposal fee shall be open to

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  1  the Florida Public Service Commission and the Auditor General

  2  for review upon request.

  3         7.  The Department of Health shall require all entities

  4  disposing of septage within the Lake Okeechobee watershed and

  5  the remaining areas of Okeechobee, Glades, and Hendry Counties

  6  to develop and submit to that agency, by July 1, 2003, an

  7  agricultural use plan that limits applications based upon

  8  phosphorus loading.  By July 1, 2005, phosphorus loading

  9  originating from these application sites shall not exceed the

10  limits established in the district's WOD program.

11         8.6.  By July 1, 2001, The Department of Agriculture

12  and Consumer Services shall initiate rulemaking requiring

13  entities within the Lake Okeechobee watershed and the

14  remaining areas of Okeechobee, Glades, and Hendry Counties

15  which land-apply animal manure to develop conservation or

16  nutrient management plans that limit application, based upon

17  phosphorus loading. Such rules may include criteria and

18  thresholds for the requirement to develop a conservation or

19  nutrient management plan, requirements for plan approval, and

20  recordkeeping requirements.

21         9.7.  Prior to authorizing a discharge into works of

22  the district, the district shall require responsible parties

23  to demonstrate that proposed changes in land use will not

24  result in increased phosphorus loading over that of existing

25  land uses.

26         10.8.  The district, the department, or the Department

27  of Agriculture and Consumer Services, as appropriate, shall

28  implement those alternative nutrient reduction technologies

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

30         Section 2.  Paragraph (k) of subsection (2) of section

31  381.0066, Florida Statutes, is amended to read:

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  1         381.0066  Onsite sewage treatment and disposal systems;

  2  fees.--

  3         (2)  The minimum fees in the following fee schedule

  4  apply until changed by rule by the department within the

  5  following limits:

  6         (k)  Research:  An additional $5 fee shall be added to

  7  each new system construction permit issued during fiscal years

  8  1996-2002 to be used for onsite sewage treatment and disposal

  9  system research, demonstration, and training projects. Five

10  dollars from any repair permit fee collected under this

11  section shall be used for funding the hands-on training

12  centers described in s. 381.0065(3)(j).

13

14  The funds collected pursuant to this subsection must be

15  deposited in a trust fund administered by the department, to

16  be used for the purposes stated in this section and ss.

17  381.0065 and 381.00655.

18         Section 3.  Subsection (11) of section 403.067, Florida

19  Statutes, is amended to read:

20         403.067  Establishment and implementation of total

21  maximum daily loads.--

22         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

23         (a)  The department shall not implement, without prior

24  legislative approval, any additional regulatory authority

25  pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part

26  130, if such implementation would result in water quality

27  discharge regulation of activities not currently subject to

28  regulation.

29         (b)  Interim measures, best management practices, or

30  other measures may be developed and voluntarily implemented

31  pursuant to paragraph (7)(c) or paragraph (7)(d) for any water

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  1  body or segment for which a total maximum daily load or

  2  allocation has not been established. The implementation of

  3  such pollution control programs may be considered by the

  4  department in the determination made pursuant to subsection

  5  (4).

  6         Section 4.  Paragraphs (c) and (d) of subsection (3) of

  7  section 403.121, Florida Statutes, are amended to read:

  8         403.121  Enforcement; procedure; remedies.--The

  9  department shall have the following judicial and

10  administrative remedies available to it for violations of this

11  chapter, as specified in s. 403.161(1).

12         (3)  Except for violations involving hazardous wastes,

13  asbestos, or underground injection, administrative penalties

14  must be calculated according to the following schedule:

15         (c)  For a dredge and fill or stormwater violation, the

16  department shall assess a penalty of $1,000 for unpermitted or

17  unauthorized dredging or filling or unauthorized construction

18  of a stormwater management system against the person or

19  persons responsible for the illegal dredging or filling, or

20  unauthorized construction of a stormwater management system

21  plus $2,000 if the dredging or filling occurs in an aquatic

22  preserve, Outstanding Florida Water, conservation easement, or

23  Class I or Class II surface water, plus $1,000 if the area

24  dredged or filled is greater than one-quarter acre but less

25  than or equal to one-half acre, and plus $1,000 if the area

26  dredged or filled is greater than one-half acre but less than

27  or equal to one acre. The administrative penalty schedule

28  shall not apply to a dredge and fill violation if the area

29  dredged or filled exceeds one acre. The department retains the

30  authority to seek the judicial imposition of civil penalties

31  for all dredge and fill violations involving more than one

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  1  acre. The department shall assess a penalty of $3,000 for the

  2  failure to complete required mitigation, failure to record a

  3  required conservation easement, or for a water quality

  4  violation resulting from dredging or filling activities,

  5  stormwater construction activities or failure of a stormwater

  6  treatment facility. For stormwater management systems serving

  7  less than 5 acres, the department shall assess a penalty of

  8  $2,000 for the failure to properly or timely construct a

  9  stormwater management system. In addition to the penalties

10  authorized in this subsection, the department shall assess a

11  penalty of $5,000 per violation against the contractor or

12  agent of the owner or tenant that conducts unpermitted or

13  unauthorized dredging or filling. For purposes of this

14  paragraph, the preparation or signing of a permit application

15  by a person currently licensed under chapter 471 to practice

16  as a professional engineer shall not make that person an agent

17  of the owner or tenant.

18         (d)  For mangrove trimming or alteration violations,

19  the department shall assess a penalty of $5,000 per violation

20  against the contractor or agent of the owner or tenant that

21  conducts mangrove trimming or alteration without a permit as

22  required by s. 403.9328. For purposes of this paragraph, the

23  preparation or signing of a permit application by a person

24  currently licensed under chapter 471 to practice as a

25  professional engineer shall not make that person an agent of

26  the owner or tenant.

27         Section 5.  This act shall take effect upon becoming a

28  law.

29

30

31

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