Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1855, 1st Eng.
                        Barcode 324880
                            CHAMBER ACTION
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11  Senator Alexander moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 19, between lines 3 and 4,
15  
16  insert:  
17         Section 4.  Paragraph (d) of subsection (2) and
18  subsections (6), (7), (8), and (11) of section 403.0NAME="Page1Line19">19  Florida Statutes, are amended to read:
20         403.067  Establishment and implementation of total
21  maximum daily loads.--
22         (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
23  with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
24  U.S.C. ss. 1251 et seq., the department must submit
25  periodically to the United States Environmental Protection
26  Agency a list of surface waters or segments for which total
27  maximum daily load assessments will be conducted. The
28  assessments shall evaluate the water quality conditions of the
29  listed waters and, if such waters are determined not to meet
30  water quality standards, total maximum daily loads shall be
31  established, subject to the provisions of subsection (4). The
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 department shall establish a priority ranking and schedule for 2 analyzing such waters. 3 (d) If the department proposes to implement total 4 maximum daily load calculations or allocations established 5 prior to the effective date of this act, the department shall 6 adopt those calculations and allocations by rule by the 7 secretary pursuant to ss. 120.536(1) and 120.54 and paragraph 8 (6)(c) (6)(d). 9 (6) CALCULATION AND ALLOCATION.-- 10 (a) Calculation of total maximum daily load. 11 1. Prior to developing a total maximum daily load 12 calculation for each water body or water body segment on the 13 list specified in subsection (4), the department shall 14 coordinate with applicable local governments, water management 15 districts, the Department of Agriculture and Consumer 16 Services, other appropriate state agencies, local soil and 17 water conservation districts, environmental groups, regulated 18 interests, and affected pollution sources to determine the 19 information required, accepted methods of data collection and 20 analysis, and quality control/quality assurance requirements. 21 The analysis may include mathematical water quality modeling 22 using approved procedures and methods. 23 2. The department shall develop total maximum daily 24 load calculations for each water body or water body segment on 25 the list described in subsection (4) according to the priority 26 ranking and schedule unless the impairment of such waters is 27 due solely to activities other than point and nonpoint sources 28 of pollution. For waters determined to be impaired due solely 29 to factors other than point and nonpoint sources of pollution, 30 no total maximum daily load will be required. A total maximum 31 daily load may be required for those waters that are impaired 2 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 predominantly due to activities other than point and nonpoint 2 sources. The total maximum daily load calculation shall 3 establish the amount of a pollutant that a water body or water 4 body segment may receive from all sources without exceeding 5 water quality standards, and shall account for seasonal 6 variations and include a margin of safety that takes into 7 account any lack of knowledge concerning the relationship 8 between effluent limitations and water quality. The total 9 maximum daily load may be based on a pollutant load reduction 10 goal developed by a water management district, provided that 11 such pollutant load reduction goal is promulgated by the 12 department in accordance with the procedural and substantive 13 requirements of this subsection. 14 (b) Allocation of total maximum daily loads. The total 15 maximum daily loads shall include establishment of reasonable 16 and equitable allocations of the total maximum daily load 17 between or among point and nonpoint sources that will alone, 18 or in conjunction with other management and restoration 19 activities, provide for the attainment of the pollutant 20 reductions established pursuant to paragraph (a) to achieve 21 water quality standards for the pollutant causing impairment 22 water quality standards and the restoration of impaired 23 waters. The allocations may establish the maximum amount of 24 the water pollutant from a given source or category of sources 25 that may be discharged or released into the water body or 26 water body segment in combination with other discharges or 27 releases. Allocations may also be made to individual basins 28 and sources or as a whole to all basins and sources or 29 categories of sources of inflow to the water body or water 30 body segments. An initial allocation of allowable pollutant 31 loads among point and nonpoint sources may be developed as 3 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 part of the total maximum daily load. However, in such cases, 2 the detailed allocation to specific point sources and specific 3 categories of nonpoint sources shall be established in the 4 basin management action plan pursuant to subsection (7). The 5 initial and detailed allocations shall be designed to attain 6 the pollutant reductions established pursuant to paragraph (a) 7 water quality standards and shall be based on consideration of 8 the following: 9 1. Existing treatment levels and management practices; 10 2. Best management practices established and 11 implemented pursuant to paragraph (7)(c); 12 3. Enforceable treatment levels established pursuant 13 to state or local law or permit; 14 4.2. Differing impacts pollutant sources and forms of 15 pollutant may have on water quality; 16 5.3. The availability of treatment technologies, 17 management practices, or other pollutant reduction measures; 18 6.4. Environmental, economic, and technological 19 feasibility of achieving the allocation; 20 7.5. The cost benefit associated with achieving the 21 allocation; 22 8.6. Reasonable timeframes for implementation; 23 9.7. Potential applicability of any moderating 24 provisions such as variances, exemptions, and mixing zones; 25 and 26 10.8. The extent to which nonattainment of water 27 quality standards is caused by pollution sources outside of 28 Florida, discharges that have ceased, or alterations to water 29 bodies prior to the date of this act. 30 (c) Not later than February 1, 2001, the department 31 shall submit a report to the Governor, the President of the 4 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 Senate, and the Speaker of the House of Representatives 2 containing recommendations, including draft legislation, for 3 any modifications to the process for allocating total maximum 4 daily loads, including the relationship between allocations 5 and the watershed or basin management planning process. Such 6 recommendations shall be developed by the department in 7 cooperation with a technical advisory committee which includes 8 representatives of affected parties, environmental 9 organizations, water management districts, and other 10 appropriate local, state, and federal government agencies. The 11 technical advisory committee shall also include such members 12 as may be designated by the President of the Senate and the 13 Speaker of the House of Representatives. 14 (c)(d) Adoption of rules. The total maximum daily load 15 calculations and allocations established under this subsection 16 for each water body or water body segment shall be adopted by 17 rule by the secretary pursuant to ss. 120.536(1), 120.54, and 18 403.805. Where additional data collection and analysis are 19 needed to increase the scientific precision and accuracy of 20 the total maximum daily load, the department is authorized to 21 adopt phased total maximum daily loads that are subject to 22 change as additional data becomes available. Where phased 23 total maximum daily loads are proposed, the department shall, 24 in the detailed statement of facts and circumstances 25 justifying the rule, explain why the data are inadequate so as 26 to justify a phased total maximum daily load. The rules 27 adopted pursuant to this paragraph shall not be subject to 28 approval by the Environmental Regulation Commission. As part 29 of the rule development process, the department shall hold at 30 least one public workshop in the vicinity of the water body or 31 water body segment for which the total maximum daily load is 5 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 being developed. Notice of the public workshop shall be 2 published not less than 5 days nor more than 15 days before 3 the public workshop in a newspaper of general circulation in 4 the county or counties containing the water bodies or water 5 body segments for which the total maximum daily load 6 calculation and allocation are being developed. 7 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 8 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- 9 (a) Basin management action plans.-- 10 1. In developing and implementing the total maximum 11 daily load for a water body, the department, or the department 12 in conjunction with a water management district, may develop a 13 basin management action plan that addresses some or all of the 14 watersheds and basins tributary to the water body. Such a plan 15 shall integrate the appropriate management strategies 16 available to the state through existing water quality 17 protection programs to achieve the total maximum daily loads 18 and may provide for phased implementation of these management 19 strategies to promote timely, cost-effective actions as 20 provided for in s. 403.151. The plan shall establish a 21 schedule for implementing the management strategies, establish 22 a basis for evaluating the plan's effectiveness, and identify 23 feasible funding strategies for implementing the plan's 24 management strategies. The management strategies may include 25 regional treatment systems or other public works, where 26 appropriate, to achieve the needed pollutant load reductions. 27 2. A basin management action plan shall equitably 28 allocate, pursuant to paragraph (6)(b), pollutant reductions 29 to individual basins, as a whole to all basins, or to each 30 identified point source or category of nonpoint sources, as 31 appropriate. For nonpoint sources for which best management 6 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 practices have been adopted, the initial requirement specified 2 by the plan shall be those practices developed pursuant to 3 paragraph (c). Where appropriate, the plan may provide 4 pollutant-load-reduction credits to dischargers that have 5 implemented management strategies to reduce pollutant loads, 6 including best management practices, prior to the development 7 of the basin management action plan. The plan shall also 8 identify the mechanisms by which potential future increases in 9 pollutant loading will be addressed. 10 3. The basin management action planning process is 11 intended to involve the broadest possible range of interested 12 parties, with the objective of encouraging the greatest amount 13 of cooperation and consensus possible. In developing a basin 14 management action plan, the department shall assure that key 15 stakeholders, including, but not limited to, applicable local 16 governments, water management districts, the Department of 17 Agriculture and Consumer Services, other appropriate state 18 agencies, local soil and water conservation districts, 19 environmental groups, regulated interests, and affected 20 pollution sources, are invited to participate in the process. 21 The department shall hold at least one public meeting in the 22 vicinity of the watershed or basin to discuss and receive 23 comments during the planning process and shall otherwise 24 encourage public participation to the greatest practicable 25 extent. Notice of the public meeting shall be published in a 26 newspaper of general circulation in each county in which the 27 watershed or basin lies not less than 5 days nor more than 15 28 days before the public meeting. A basin management action plan 29 shall not supplant or otherwise alter any assessment made 30 under subsection (3) or subsection (4) or any calculation or 31 initial allocation. 7 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 4. The department shall adopt all or any part of a 2 basin management action plan by secretarial order pursuant to 3 chapter 120 to implement the provisions of this section. 4 5. The basin management action plan shall include 5 milestones for implementation and water quality improvement, 6 and an associated water quality monitoring component 7 sufficient to evaluate whether reasonable progress in 8 pollutant load reductions is being achieved over time. An 9 assessment of progress toward these milestones shall be 10 conducted every 5 years, and revisions to the plan shall be 11 made as appropriate. Revisions to the basin management action 12 plan shall be made by the department in cooperation with basin 13 stakeholders. Revisions to the management strategies required 14 for nonpoint sources shall follow the procedures set forth in 15 subparagraph (c)4. Revised basin management action plans shall 16 be adopted pursuant to subparagraph 4. 17 (b)(a) Total maximum daily load implementation.-- 18 1. The department shall be the lead agency in 19 coordinating the implementation of the total maximum daily 20 loads through existing water quality protection programs. 21 Application of a total maximum daily load by a water 22 management district shall be consistent with this section and 23 shall not require the issuance of an order or a separate 24 action pursuant to s. 120.536(1) or s. 120.54 for adoption of 25 the calculation and allocation previously established by the 26 department. Such programs may include, but are not limited to: 27 a.1. Permitting and other existing regulatory 28 programs, including water-quality-based effluent limitations; 29 b.2. Nonregulatory and incentive-based programs, 30 including best management practices, cost sharing, waste 31 minimization, pollution prevention, agreements established 8 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 pursuant to s. 403.061(21), and public education; 2 c.3. Other water quality management and restoration 3 activities, for example surface water improvement and 4 management plans approved by water management districts or 5 watershed or basin management action plans developed pursuant 6 to this subsection; 7 d.4. Pollutant trading or other equitable economically 8 based agreements; 9 e.5. Public works including capital facilities; or 10 f.6. Land acquisition. 11 2. For a basin management action plan adopted pursuant 12 to subparagraph (a)4., any management strategies and pollutant 13 reduction requirements associated with a pollutant of concern 14 for which a total maximum daily load has been developed, 15 including effluent limits set forth for a discharger subject 16 to NPDES permitting, if any, shall be included in a timely 17 manner in subsequent NPDES permits or permit modifications for 18 that discharger. The department shall not impose limits or 19 conditions implementing an adopted total maximum daily load in 20 an NPDES permit until the permit expires, the discharge is 21 modified, or the permit is reopened pursuant to an adopted 22 basin management action plan. 23 a. Absent a detailed allocation, total maximum daily 24 loads shall be implemented through NPDES permit conditions 25 that afford a compliance schedule. In such instances, a 26 facility's NPDES permit shall allow time for the issuance of 27 an order adopting the basin management action plan. The time 28 allowed for the issuance of an order adopting the plan shall 29 not exceed five years. Upon issuance of an order adopting the 30 plan, the permit shall be reopened, as necessary, and permit 31 conditions consistent with the plan shall be established. 9 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 Notwithstanding the other provisions of this subparagraph, 2 upon request by a NPDES permittee, the department as part of a 3 permit issuance, renewal or modification may establish 4 individual allocations prior to the adoption of a basin 5 management action plan. 6 b. For holders of NPDES municipal separate storm sewer 7 system permits and other stormwater sources, implementation of 8 a total maximum daily load or basin management action plan 9 shall be achieved, to the maximum extent practicable, through 10 the use of best management practices or other management 11 measures. 12 c. The basin management action plan does not relieve 13 the discharger from any requirement to obtain, renew, or 14 modify an NPDES permit or to abide by other requirements of 15 the permit. 16 d. Management strategies set forth in a basin 17 management action plan to be implemented by a discharger 18 subject to permitting by the department shall be completed 19 pursuant to the schedule set forth in the basin management 20 action plan. This implementation schedule may extend beyond 21 the 5-year term of an NPDES permit. 22 e. Management strategies and pollution reduction 23 requirements set forth in a basin management action plan for a 24 specific pollutant of concern shall not be subject to 25 challenge under chapter 120 at the time they are incorporated, 26 in an identical form, into a subsequent NPDES permit or permit 27 modification. 28 f. For nonagricultural pollutant sources not subject 29 to NPDES permitting but permitted pursuant to other state, 30 regional, or local water quality programs, the pollutant 31 reduction actions adopted in a basin management action plan 10 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 shall be implemented to the maximum extent practicable as part 2 of those permitting programs. 3 g. A nonpoint source discharger included in a basin 4 management action plan shall demonstrate compliance with the 5 pollutant reductions established pursuant to subsection (6) by 6 either implementing the appropriate best management practices 7 established pursuant to paragraph (c) or conducting water 8 quality monitoring prescribed by the department or a water 9 management district. 10 h. A nonpoint source discharger included in a basin 11 management action plan may be subject to enforcement action by 12 the department or a water management district based upon a 13 failure to implement the responsibilities set forth in 14 sub-subparagraph g. 15 i. A landowner, discharger, or other responsible 16 person who is implementing applicable management strategies 17 specified in an adopted basin management action plan shall not 18 be required by permit, enforcement action, or otherwise to 19 implement additional management strategies to reduce pollutant 20 loads to attain the pollutant reductions established pursuant 21 to subsection (6) and shall be deemed to be in compliance with 22 this section. This subparagraph does not limit the authority 23 of the department to amend a basin management action plan as 24 specified in subparagraph (a)5. 25 (b) In developing and implementing the total maximum 26 daily load for a water body, the department, or the department 27 in conjunction with a water management district, may develop a 28 watershed or basin management plan that addresses some or all 29 of the watersheds and basins tributary to the water body. 30 These plans will serve to fully integrate the management 31 strategies available to the state for the purpose of 11 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 implementing the total maximum daily loads and achieving water 2 quality restoration. The watershed or basin management 3 planning process is intended to involve the broadest possible 4 range of interested parties, with the objective of encouraging 5 the greatest amount of cooperation and consensus possible. The 6 department or water management district shall hold at least 7 one public meeting in the vicinity of the watershed or basin 8 to discuss and receive comments during the planning process 9 and shall otherwise encourage public participation to the 10 greatest practical extent. Notice of the public meeting shall 11 be published in a newspaper of general circulation in each 12 county in which the watershed or basin lies not less than 5 13 days nor more than 15 days before the public meeting. A 14 watershed or basin management plan shall not supplant or 15 otherwise alter any assessment made under s. 403.086(3) and 16 (4), or any calculation or allocation made under s. 17 403.086(6). 18 (c) Best management practices.-- 19 1. The department, in cooperation with the water 20 management districts and other interested parties, as 21 appropriate, may develop suitable interim measures, best 22 management practices, or other measures necessary to achieve 23 the level of pollution reduction established by the department 24 for nonagricultural nonpoint pollutant sources in allocations 25 developed pursuant to subsection (6) and this subsection 26 paragraph (6)(b). These practices and measures may be adopted 27 by rule by the department and the water management districts 28 pursuant to ss. 120.536(1) and 120.54, and, where adopted by 29 rule, shall may be implemented by those parties responsible 30 for nonagricultural nonpoint source pollution pollutant 31 sources and the department and the water management districts 12 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 shall assist with implementation. Where interim measures, best 2 management practices, or other measures are adopted by rule, 3 the effectiveness of such practices in achieving the levels of 4 pollution reduction established in allocations developed by 5 the department pursuant to paragraph (6)(b) shall be verified 6 by the department. Implementation, in accordance with 7 applicable rules, of practices that have been verified by the 8 department to be effective at representative sites shall 9 provide a presumption of compliance with state water quality 10 standards and release from the provisions of s. 376.307(5) for 11 those pollutants addressed by the practices, and the 12 department is not authorized to institute proceedings against 13 the owner of the source of pollution to recover costs or 14 damages associated with the contamination of surface or ground 15 water caused by those pollutants. Such rules shall also 16 incorporate provisions for a notice of intent to implement the 17 practices and a system to assure the implementation of the 18 practices, including recordkeeping requirements. Where water 19 quality problems are detected despite the appropriate 20 implementation, operation, and maintenance of best management 21 practices and other measures according to rules adopted under 22 this paragraph, the department or the water management 23 districts shall institute a reevaluation of the best 24 management practice or other measures. 25 2.(d)1. The Department of Agriculture and Consumer 26 Services may develop and adopt by rule pursuant to ss. 27 120.536(1) and 120.54 suitable interim measures, best 28 management practices, or other measures necessary to achieve 29 the level of pollution reduction established by the department 30 for agricultural pollutant sources in allocations developed 31 pursuant to subsection (6) and this subsection paragraph 13 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 (6)(b). These practices and measures may be implemented by 2 those parties responsible for agricultural pollutant sources 3 and the department, the water management districts, and the 4 Department of Agriculture and Consumer Services shall assist 5 with implementation. Where interim measures, best management 6 practices, or other measures are adopted by rule, the 7 effectiveness of such practices in achieving the levels of 8 pollution reduction established in allocations developed by 9 the department pursuant to paragraph (6)(b) shall be verified 10 by the department. Implementation, in accordance with 11 applicable rules, of practices that have been verified by the 12 department to be effective at representative sites shall 13 provide a presumption of compliance with state water quality 14 standards and release from the provisions of s. 376.307(5) for 15 those pollutants addressed by the practices, and the 16 department is not authorized to institute proceedings against 17 the owner of the source of pollution to recover costs or 18 damages associated with the contamination of surface or ground 19 water caused by those pollutants. In the process of developing 20 and adopting rules for interim measures, best management 21 practices, or other measures, the Department of Agriculture 22 and Consumer Services shall consult with the department, the 23 Department of Health, the water management districts, 24 representatives from affected farming groups, and 25 environmental group representatives. Such rules shall also 26 incorporate provisions for a notice of intent to implement the 27 practices and a system to assure the implementation of the 28 practices, including recordkeeping requirements. Where water 29 quality problems are detected despite the appropriate 30 implementation, operation, and maintenance of best management 31 practices and other measures according to rules adopted under 14 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 this paragraph, the Department of Agriculture and Consumer 2 Services shall institute a reevaluation of the best management 3 practice or other measure. 4 3. Where interim measures, best management practices, 5 or other measures are adopted by rule, the effectiveness of 6 such practices in achieving the levels of pollution reduction 7 established in allocations developed by the department 8 pursuant to subsection (6) and this subsection shall be 9 verified at representative sites by the department. The 10 department shall use best professional judgment in making the 11 initial verification that the best management practices are 12 effective and, where applicable, shall notify the appropriate 13 water management district and the Department of Agriculture 14 and Consumer Services of its initial verification prior to the 15 adoption of a rule proposed pursuant to this paragraph. 16 Implementation, in accordance with rules adopted under this 17 paragraph, of practices that have been initially verified to 18 be effective, or verified to be effective by monitoring at 19 representative sites, by the department, shall provide a 20 presumption of compliance with state water quality standards 21 and release from the provisions of s. 376.307(5) for those 22 pollutants addressed by the practices, and the department is 23 not authorized to institute proceedings against the owner of 24 the source of pollution to recover costs or damages associated 25 with the contamination of surface water or groundwater caused 26 by those pollutants. 27 4. Where water quality problems are demonstrated, 28 despite the appropriate implementation, operation, and 29 maintenance of best management practices and other measures 30 according to rules adopted under this paragraph, the 31 department, a water management district, or the Department of 15 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 Agriculture and Consumer Services, in consultation with the 2 department, shall institute a reevaluation of the best 3 management practice or other measure. Should the reevaluation 4 determine that the best management practice or other measure 5 requires modification, the department, a water management 6 district, or the Department of Agriculture and Consumer 7 Services, as appropriate, shall revise the rule to require 8 implementation of the modified practice within a reasonable 9 time period as specified in the rule. 10 5.2. Individual agricultural records relating to 11 processes or methods of production, or relating to costs of 12 production, profits, or other financial information which are 13 otherwise not public records, which are reported to the 14 Department of Agriculture and Consumer Services pursuant to 15 subparagraphs 3. and 4. this paragraph or pursuant to any rule 16 adopted pursuant to subparagraph 2. this paragraph shall be 17 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 18 of the State Constitution. Upon request of the department or 19 any water management district, the Department of Agriculture 20 and Consumer Services shall make such individual agricultural 21 records available to that agency, provided that the 22 confidentiality specified by this subparagraph for such 23 records is maintained. This subparagraph is subject to the 24 Open Government Sunset Review Act of 1995 in accordance with 25 s. 119.15, and shall stand repealed on October 2, 2006, unless 26 reviewed and saved from repeal through reenactment by the 27 Legislature. 28 6.(e) The provisions of subparagraphs 1. and 2. 29 paragraphs (c) and (d) shall not preclude the department or 30 water management district from requiring compliance with water 31 quality standards or with current best management practice 16 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 requirements set forth in any applicable regulatory program 2 authorized by law for the purpose of protecting water quality. 3 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d) 4 are applicable only to the extent that they do not conflict 5 with any rules adopted promulgated by the department that are 6 necessary to maintain a federally delegated or approved 7 program. 8 (8) RULES.--The department is authorized to adopt 9 rules pursuant to ss. 120.536(1) and 120.54 for: 10 (a) Delisting water bodies or water body segments from 11 the list developed under subsection (4) pursuant to the 12 guidance under subsection (5); 13 (b) Administration of funds to implement the total 14 maximum daily load and basin management action planning 15 programs program; 16 (c) Procedures for pollutant trading among the 17 pollutant sources to a water body or water body segment, 18 including a mechanism for the issuance and tracking of 19 pollutant credits. Such procedures may be implemented through 20 permits or other authorizations and must be legally binding. 21 Prior to adopting rules for pollutant trading under this 22 paragraph, and no later than November 30, 2006, the Department 23 of Environmental Protection shall submit a report to the 24 Governor, the President of the Senate, and the Speaker of the 25 House of Representatives containing recommendations on such 26 rules, including the proposed basis for equitable economically 27 based agreements and the tracking and accounting of pollution 28 credits or other similar mechanisms. Such recommendations 29 shall be developed in cooperation with a technical advisory 30 committee that includes experts in pollutant trading and 31 representatives of potentially affected parties; No rule 17 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 implementing a pollutant trading program shall become 2 effective prior to review and ratification by the Legislature; 3 and 4 (d) The total maximum daily load calculation in 5 accordance with paragraph (6)(a) immediately upon the 6 effective date of this act, for those eight water segments 7 within Lake Okeechobee proper as submitted to the United 8 States Environmental Protection Agency pursuant to subsection 9 (2); and. 10 (e) Implementation of other specific provisions. 11 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- 12 (a) The department shall not implement, without prior 13 legislative approval, any additional regulatory authority 14 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part 15 130, if such implementation would result in water quality 16 discharge regulation of activities not currently subject to 17 regulation. 18 (b) Interim measures, best management practices, or 19 other measures may be developed and voluntarily implemented 20 pursuant to subparagraphs paragraph (7)(c) 1. and 2. or 21 paragraph (7)(d) for any water body or segment for which a 22 total maximum daily load or allocation has not been 23 established. The implementation of such pollution control 24 programs may be considered by the department in the 25 determination made pursuant to subsection (4). 26 Section 5. Paragraph (c) of subsection (3) of section 27 373.4595, Florida Statutes, is amended to read: 28 373.4595 Lake Okeechobee Protection Program.-- 29 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection 30 program for Lake Okeechobee that achieves phosphorus load 31 reductions for Lake Okeechobee shall be immediately 18 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 implemented as specified in this subsection. The program shall 2 address the reduction of phosphorus loading to the lake from 3 both internal and external sources. Phosphorus load reductions 4 shall be achieved through a phased program of implementation. 5 Initial implementation actions shall be technology-based, 6 based upon a consideration of both the availability of 7 appropriate technology and the cost of such technology, and 8 shall include phosphorus reduction measures at both the source 9 and the regional level. The initial phase of phosphorus load 10 reductions shall be based upon the district's Technical 11 Publication 81-2 and the district's WOD program, with 12 subsequent phases of phosphorus load reductions based upon the 13 total maximum daily loads established in accordance with s. 14 403.067. In the development and administration of the Lake 15 Okeechobee Protection Program, the coordinating agencies shall 16 maximize opportunities provided by federal cost-sharing 17 programs and opportunities for partnerships with the private 18 sector. 19 (c) Lake Okeechobee Watershed Phosphorus Control 20 Program.--The Lake Okeechobee Watershed Phosphorus Control 21 Program is designed to be a multifaceted approach to reducing 22 phosphorus loads by improving the management of phosphorus 23 sources within the Lake Okeechobee watershed through continued 24 implementation of existing regulations and best management 25 practices, development and implementation of improved best 26 management practices, improvement and restoration of the 27 hydrologic function of natural and managed systems, and 28 utilization of alternative technologies for nutrient 29 reduction. The coordinating agencies shall facilitate the 30 application of federal programs that offer opportunities for 31 water quality treatment, including preservation, restoration, 19 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 or creation of wetlands on agricultural lands. 2 1. Agricultural nonpoint source best management 3 practices, developed in accordance with s. 403.067 and 4 designed to achieve the objectives of the Lake Okeechobee 5 Protection Program, shall be implemented on an expedited 6 basis. By March 1, 2001, the coordinating agencies shall 7 develop an interagency agreement pursuant to ss. 373.046 and 8 373.406(5) that assures the development of best management 9 practices that complement existing regulatory programs and 10 specifies how those best management practices are implemented 11 and verified. The interagency agreement shall address measures 12 to be taken by the coordinating agencies during any best 13 management practice reevaluation performed pursuant to 14 sub-subparagraph d. The department shall use best professional 15 judgment in making the initial determination of best 16 management practice effectiveness. 17 a. As provided in s. 403.067(7)(c) s. 403.067(7)(d), 18 by October 1, 2000, the Department of Agriculture and Consumer 19 Services, in consultation with the department, the district, 20 and affected parties, shall initiate rule development for 21 interim measures, best management practices, conservation 22 plans, nutrient management plans, or other measures necessary 23 for Lake Okeechobee phosphorus load reduction. The rule shall 24 include thresholds for requiring conservation and nutrient 25 management plans and criteria for the contents of such plans. 26 Development of agricultural nonpoint source best management 27 practices shall initially focus on those priority basins 28 listed in subparagraph (b)1. The Department of Agriculture and 29 Consumer Services, in consultation with the department, the 30 district, and affected parties, shall conduct an ongoing 31 program for improvement of existing and development of new 20 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 interim measures or best management practices for the purpose 2 of 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 21 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 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 22 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 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. 23 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 5. Projects that make use of private lands, or lands 2 held in trust for Indian tribes, to reduce nutrient loadings 3 or concentrations within a basin by one or more of the 4 following methods: restoring the natural hydrology of the 5 basin, restoring wildlife habitat or impacted wetlands, 6 reducing peak flows after storm events, increasing aquifer 7 recharge, or protecting range and timberland from conversion 8 to development, are eligible for grants available under this 9 section from the coordinating agencies. For projects of 10 otherwise equal priority, special funding priority will be 11 given to those projects that make best use of the methods 12 outlined above that involve public-private partnerships or 13 that obtain federal match money. Preference ranking above the 14 special funding priority will be given to projects located in 15 a rural area of critical economic concern designated by the 16 Governor. Grant applications may be submitted by any person or 17 tribal entity, and eligible projects may include, but are not 18 limited to, the purchase of conservation and flowage 19 easements, hydrologic restoration of wetlands, creating 20 treatment wetlands, development of a management plan for 21 natural resources, and financial support to implement a 22 management plan. 23 6.a. The department shall require all entities 24 disposing of domestic wastewater residuals within the Lake 25 Okeechobee watershed and the remaining areas of Okeechobee, 26 Glades, and Hendry Counties to develop and submit to the 27 department an agricultural use plan that limits applications 28 based upon phosphorus loading. By July 1, 2005, phosphorus 29 concentrations originating from these application sites shall 30 not exceed the limits established in the district's WOD 31 program. 24 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 b. Private and government-owned utilities within 2 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 3 River, Okeechobee, Highlands, Hendry, and Glades Counties that 4 dispose of wastewater residual sludge from utility operations 5 and septic removal by land spreading in the Lake Okeechobee 6 watershed may use a line item on local sewer rates to cover 7 wastewater residual treatment and disposal if such disposal 8 and treatment is done by approved alternative treatment 9 methodology at a facility located within the areas designated 10 by the Governor as rural areas of critical economic concern 11 pursuant to s. 288.0656. This additional line item is an 12 environmental protection disposal fee above the present sewer 13 rate and shall not be considered a part of the present sewer 14 rate to customers, notwithstanding provisions to the contrary 15 in chapter 367. The fee shall be established by the county 16 commission or its designated assignee in the county in which 17 the alternative method treatment facility is located. The fee 18 shall be calculated to be no higher than that necessary to 19 recover the facility's prudent cost of providing the service. 20 Upon request by an affected county commission, the Florida 21 Public Service Commission will provide assistance in 22 establishing the fee. Further, for utilities and utility 23 authorities that use the additional line item environmental 24 protection disposal fee, such fee shall not be considered a 25 rate increase under the rules of the Public Service Commission 26 and shall be exempt from such rules. Utilities using the 27 provisions of this section may immediately include in their 28 sewer invoicing the new environmental protection disposal fee. 29 Proceeds from this environmental protection disposal fee shall 30 be used for treatment and disposal of wastewater residuals, 31 including any treatment technology that helps reduce the 25 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 volume of residuals that require final disposal, but such 2 proceeds shall not be used for transportation or shipment 3 costs for disposal or any costs relating to the land 4 application of residuals in the Lake Okeechobee watershed. 5 c. No less frequently than once every 3 years, the 6 Florida Public Service Commission or the county commission 7 through the services of an independent auditor shall perform a 8 financial audit of all facilities receiving compensation from 9 an environmental protection disposal fee. The Florida Public 10 Service Commission or the county commission through the 11 services of an independent auditor shall also perform an audit 12 of the methodology used in establishing the environmental 13 protection disposal fee. The Florida Public Service Commission 14 or the county commission shall, within 120 days after 15 completion of an audit, file the audit report with the 16 President of the Senate and the Speaker of the House of 17 Representatives and shall provide copies to the county 18 commissions of the counties set forth in sub-subparagraph b. 19 The books and records of any facilities receiving compensation 20 from an environmental protection disposal fee shall be open to 21 the Florida Public Service Commission and the Auditor General 22 for review upon request. 23 7. The Department of Health shall require all entities 24 disposing of septage within the Lake Okeechobee watershed and 25 the remaining areas of Okeechobee, Glades, and Hendry Counties 26 to develop and submit to that agency, by July 1, 2003, an 27 agricultural use plan that limits applications based upon 28 phosphorus loading. By July 1, 2005, phosphorus 29 concentrations originating from these application sites shall 30 not exceed the limits established in the district's WOD 31 program. 26 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 8. The Department of Agriculture and Consumer Services 2 shall initiate rulemaking requiring entities within the Lake 3 Okeechobee watershed and the remaining areas of Okeechobee, 4 Glades, and Hendry Counties which land-apply animal manure to 5 develop conservation or nutrient management plans that limit 6 application, based upon phosphorus loading. Such rules may 7 include criteria and thresholds for the requirement to develop 8 a conservation or nutrient management plan, requirements for 9 plan approval, and recordkeeping requirements. 10 9. Prior to authorizing a discharge into works of the 11 district, the district shall require responsible parties to 12 demonstrate that proposed changes in land use will not result 13 in increased phosphorus loading over that of existing land 14 uses. 15 10. The district, the department, or the Department of 16 Agriculture and Consumer Services, as appropriate, shall 17 implement those alternative nutrient reduction technologies 18 determined to be feasible pursuant to subparagraph (d)6. 19 Section 6. Subsection (1) of section 570.085, Florida 20 Statutes, is amended to read: 21 570.085 Department of Agriculture and Consumer 22 Services; agricultural water conservation.--The department 23 shall establish an agricultural water conservation program 24 that includes the following: 25 (1) A cost-share program, coordinated where 26 appropriate with the United States Department of Agriculture 27 and other federal, state, regional, and local agencies, for 28 irrigation system retrofit and application of mobile 29 irrigation laboratory evaluations for water conservation as 30 provided in this section and, where applicable, for water 31 quality improvement pursuant to s. 403.067(7)(c) s. 27 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 403.067(7)(d). 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 1, line 16, after the semicolon 9 10 and insert: 11 amending s. 403.067, F.S.; providing that 12 initial allocation of allowable pollutant loads 13 between point and nonpoint sources may be 14 developed as part of a total maximum daily 15 load; establishing criteria for establishing 16 initial and detailed allocations to attain 17 pollutant reductions; authorizing the 18 Department of Environmental Protection to adopt 19 phased total maximum daily loads that establish 20 incremental total maximum daily loads under 21 certain conditions; requiring the development 22 of basin management action plans; requiring 23 that basin management action plans integrate 24 the appropriate management strategies to 25 achieve the total maximum daily loads; 26 requiring that the plans establish a schedule 27 for implementing management strategies; 28 requiring that a basin management action plan 29 equitably allocate pollutant reductions to 30 individual basins or to each identified point 31 source or category of nonpoint sources; 28 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 authorizing that plans may provide pollutant 2 load reduction credits to dischargers that have 3 implemented strategies to reduce pollutant 4 loads prior to the development of the basin 5 management action plan; requiring that the plan 6 identify mechanisms by which potential future 7 sources of pollution will be addressed; 8 requiring that the department assure key 9 stakeholder participation in the basin 10 management action planning process; requiring 11 that the department hold at least one public 12 meeting to discuss and receive comments during 13 the planning process; providing notice 14 requirements; requiring that the department 15 adopt all or part of a basin management action 16 plan by secretarial order pursuant to ch. 120, 17 F.S.; requiring that basin management action 18 plans that alter that calculation or initial 19 allocation of a total maximum daily load, the 20 revised calculation, or initial allocation must 21 be adopted by rule; requiring periodic 22 evaluation of basin management action plans; 23 requiring that revisions to plans be made by 24 the department in cooperation with 25 stakeholders; providing for basin plan 26 revisions regarding nonpoint pollutant sources; 27 requiring that adopted basin management action 28 plans be included in subsequent NPDES permits 29 or permit modifications; providing that 30 implementation of a total maximum daily load or 31 basin management action plan for holders of an 29 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 NPDES municipal separate stormwater sewer 2 system permit may be achieved through the use 3 of best management practices; providing that 4 basin management action plans do not relieve a 5 discharger from the requirement to obtain, 6 renew, or modify an NPDES permit or to abide by 7 other requirements of the permit; requiring 8 that plan management strategies be completed 9 pursuant to the schedule set forth in the basin 10 management action plan and providing that the 11 implementation schedule may extend beyond the 12 term of an NPDES permit; providing that 13 management strategies and pollution reduction 14 requirements in a basin management action plan 15 for a specific pollutant of concern are not 16 subject to a challenge under ch. 120, F.S., at 17 the time they are incorporated, in identical 18 form, into a subsequent NPDES permit or permit 19 modification; requiring timely adoption and 20 implementation of pollutant reduction actions 21 for nonagricultural pollutant sources not 22 subject to NPDES permitting but regulated 23 pursuant to other state, regional, or local 24 regulatory programs; requiring timely 25 implementation of best management practices for 26 nonpoint pollutant source dischargers not 27 subject to permitting at the time a basin 28 management action plan is adopted; providing 29 for presumption of compliance under certain 30 circumstances; providing for enforcement action 31 by the department or a water management 30 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 district; requiring that a landowner, 2 discharger, or other responsible person that is 3 implementing management strategies specified in 4 an adopted basin management action plan will 5 not be required by permit, enforcement action, 6 or otherwise to implement additional management 7 strategies to reduce pollutant loads; providing 8 that the authority of the department to amend a 9 basin management plan is not limited; requiring 10 that the department verify at representative 11 sites the effectiveness of interim measures, 12 best management practices, and other measures 13 adopted by rule; requiring that the department 14 use its best professional judgment in making 15 initial verifications that best management 16 practices are not effective; requiring notice 17 to the appropriate water management district 18 and the Department of Agriculture and Consumer 19 Services under certain conditions; establishing 20 a presumption of compliance for implementation 21 of practices initially verified to be effective 22 or verified to be effective at representative 23 sites; limiting the institution of proceedings 24 by the department against the owner of a source 25 of pollution to recover costs or damages 26 associated with the contamination of surface 27 water or groundwater caused by those 28 pollutants; requiring the Department of 29 Agriculture and Consumer Services to institute 30 a reevaluation of best management practices or 31 other measures where water quality problems are 31 2:32 PM 05/04/05 h1855.17ri.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1855, 1st Eng. Barcode 324880 1 detected or predicted during the development or 2 amendment of a basin management action plan; 3 providing for rule revisions; providing the 4 department with rulemaking authority; requiring 5 that a report be submitted to the Governor, the 6 President of the Senate, and the Speaker of the 7 House of Representatives containing 8 recommendations on rules for pollutant trading 9 prior to the adoption of those rules; requiring 10 that recommendations be developed in 11 cooperation with a technical advisory committee 12 containing experts in pollutant trading and 13 representatives of potentially affected 14 parties; deleting a requirement that no 15 pollutant trading program shall become 16 effective prior to review and ratification by 17 the Legislature; amending ss. 373.4595 and 18 570.085, F.S.; correcting cross-references; 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2:32 PM 05/04/05 h1855.17ri.001