Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2322
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CHAMBER ACTION
Senate House
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11 The Committee on Agriculture (Haridopolos) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (d) of subsection (2) and
19 subsections (6), (7), (8), and (11) of section 403.067,
20 Florida Statutes, are amended to read:
21 403.067 Establishment and implementation of total
22 maximum daily loads.--
23 (2) LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
24 with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
25 U.S.C. ss. 1251 et seq., the department must submit
26 periodically to the United States Environmental Protection
27 Agency a list of surface waters or segments for which total
28 maximum daily load assessments will be conducted. The
29 assessments shall evaluate the water quality conditions of the
30 listed waters and, if such waters are determined not to meet
31 water quality standards, total maximum daily loads shall be
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1 established, subject to the provisions of subsection (4). The
2 department shall establish a priority ranking and schedule for
3 analyzing such waters.
4 (d) If the department proposes to implement total
5 maximum daily load calculations or allocations established
6 prior to the effective date of this act, the department shall
7 adopt those calculations and allocations by rule by the
8 secretary pursuant to ss. 120.536(1) and 120.54 and paragraph
9 (6)(c)(d).
10 (6) CALCULATION AND ALLOCATION.--
11 (a) Calculation of total maximum daily load.--
12 1. Prior to developing a total maximum daily load
13 calculation for each water body or water body segment on the
14 list specified in subsection (4), the department shall
15 coordinate with applicable local governments, water management
16 districts, the Department of Agriculture and Consumer
17 Services, other appropriate state agencies, local soil and
18 water conservation districts, environmental groups, regulated
19 interests, and affected pollution sources to determine the
20 information required, accepted methods of data collection and
21 analysis, and quality control/quality assurance requirements.
22 The analysis may include mathematical water quality modeling
23 using approved procedures and methods.
24 2. The department shall develop total maximum daily
25 load calculations for each water body or water body segment on
26 the list described in subsection (4) according to the priority
27 ranking and schedule unless the impairment of such waters is
28 due solely to activities other than point and nonpoint sources
29 of pollution. For waters determined to be impaired due solely
30 to factors other than point and nonpoint sources of pollution,
31 no total maximum daily load will be required. A total maximum
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1 daily load may be required for those waters that are impaired
2 predominantly due to activities other than point and nonpoint
3 sources. The total maximum daily load calculation shall
4 establish the amount of a pollutant that a water body or water
5 body segment may receive from all sources without exceeding
6 water quality standards, and shall account for seasonal
7 variations and include a margin of safety that takes into
8 account any lack of knowledge concerning the relationship
9 between effluent limitations and water quality. The total
10 maximum daily load may be based on a pollutant load reduction
11 goal developed by a water management district, provided that
12 such pollutant load reduction goal is promulgated by the
13 department in accordance with the procedural and substantive
14 requirements of this subsection.
15 (b) Allocation of total maximum daily loads.--The
16 total maximum daily loads shall include establishment of
17 reasonable and equitable allocations of the total maximum
18 daily load between or among point and nonpoint sources that
19 will alone, or in conjunction with other management and
20 restoration activities, provide for the attainment of the
21 pollutant reductions established pursuant to paragraph (a) to
22 achieve water quality standards for the pollutant causing
23 impairment and the restoration of impaired waters. The
24 allocations may establish the maximum amount of the water
25 pollutant which from a given source or category of sources
26 that may be discharged or released into the water body or
27 water body segment in combination with other discharges or
28 releases. Allocations may also be made to individual basins
29 and sources or as a whole to all basins and sources or
30 categories of sources of inflow to the water body or water
31 body segments. An initial allocation of allowable pollutant
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1 loads among point and nonpoint sources may be developed as
2 part of the total maximum daily load. However, in such cases,
3 the detailed allocation to specific point sources and specific
4 categories of nonpoint sources shall be established in the
5 basin management action plan pursuant to subsection (7). The
6 initial and detailed allocations shall be designed to attain
7 the pollutant reductions established pursuant to paragraph (a)
8 water quality standards and shall be based on consideration of
9 the following:
10 1. Existing treatment levels and management practices;
11 2. Best management practices established and
12 implemented pursuant to paragraph (7)(c);
13 3. Enforceable treatment levels established pursuant
14 to state or local law or permit;
15 4.2. Differing impacts pollutant sources and forms of
16 pollution may have on water quality;
17 5.3. The availability of treatment technologies,
18 management practices, or other pollutant reduction measures;
19 6.4. Environmental, economic, and technological
20 feasibility of achieving the allocation;
21 7.5. The cost benefit associated with achieving the
22 allocation;
23 8.6. Reasonable timeframes for implementation;
24 9.7. Potential applicability of any moderating
25 provisions such as variances, exemptions, and mixing zones;
26 and
27 10.8. The extent to which nonattainment of water
28 quality standards is caused by pollution sources outside of
29 Florida, discharges that have ceased, or alterations to water
30 bodies prior to the date of this act.
31 (c) Not later than February 1, 2001, the department
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1 shall submit a report to the Governor, the President of the
2 Senate, and the Speaker of the House of Representatives
3 containing recommendations, including draft legislation, for
4 any modifications to the process for allocating total maximum
5 daily loads, including the relationship between allocations
6 and the watershed or basin management planning process. Such
7 recommendations shall be developed by the department in
8 cooperation with a technical advisory committee which includes
9 representatives of affected parties, environmental
10 organizations, water management districts, and other
11 appropriate local, state, and federal government agencies. The
12 technical advisory committee shall also include such members
13 as may be designated by the President of the Senate and the
14 Speaker of the House of Representatives.
15 (c)(d) Adoption of rules.--The total maximum daily
16 load calculations and allocations established under this
17 subsection for each water body or water body segment shall be
18 adopted by rule by the secretary pursuant to ss. 120.536(1),
19 120.54, and 403.805. Where additional data collection and
20 analysis are needed to increase the scientific precision and
21 accuracy of the total maximum daily load, the department may
22 adopt phased total maximum daily loads that are subject to
23 change as additional data becomes available. Where phased
24 total maximum daily loads are proposed, the department shall,
25 in the detailed statement of facts and circumstances
26 justifying the rule, explain why the data are inadequate so as
27 to justify a phased total maximum daily load. The rules
28 adopted pursuant to this paragraph shall not be subject to
29 approval by the Environmental Regulation Commission. As part
30 of the rule development process, the department shall hold at
31 least one public workshop in the vicinity of the water body or
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1 water body segment for which the total maximum daily load is
2 being developed. Notice of the public workshop shall be
3 published not less than 5 days nor more than 15 days before
4 the public workshop in a newspaper of general circulation in
5 the county or counties containing the water bodies or water
6 body segments for which the total maximum daily load
7 calculation and allocation are being developed.
8 (7) DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS;
9 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS ; BEST MANAGEMENT
10 PRACTICES.--
11 (a) Basin management action plans.--
12 1. In developing and implementing the total maximum
13 daily load for a water body, the department, or the department
14 in conjunction with a water management district, may develop a
15 basin management action plan that addresses some or all of the
16 watersheds and basins tributary to the water body. Such a plan
17 shall integrate the appropriate management strategies
18 available to the state through existing water quality
19 protection programs to achieve the total maximum daily load
20 and may provide for phased implementation of these management
21 strategies to promote timely, cost-effective actions as
22 provided for in s. 403.151. The plan shall establish a
23 schedule for implementing the management strategies, establish
24 a basis for evaluating the plan's effectiveness, and identify
25 feasible funding strategies to implement the plan's management
26 strategies. The management strategies may include regional
27 treatment systems or other public works, where appropriate, to
28 achieve the needed pollutant load reductions.
29 2. A basin management action plan shall, pursuant to
30 paragraph (6)(b), equitably allocate pollutant reductions to
31 individual basins, as a whole to all basins, or to each
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1 identified point source or category of nonpoint sources, as
2 appropriate. For nonpoint sources for which best management
3 practices have been adopted, the initial requirement specified
4 by the plan shall be those practices developed pursuant to
5 paragraph (c). Where appropriate, the plan may provide
6 pollutant load reduction credit to those dischargers that have
7 implemented management strategies to reduce pollutant loads,
8 including best management practices, prior to the development
9 of the basin management action plan. The plan also shall
10 identify the mechanisms by which potential future increases in
11 pollutant loading will be addressed.
12 3. The basin management action planning process is
13 intended to involve the broadest possible range of interested
14 parties, with the objective of encouraging the greatest amount
15 of cooperation and consensus possible. In developing a basin
16 management action plan, the department shall ensure that key
17 stakeholders, including, but not limited to, applicable local
18 governments, water management districts, the Department of
19 Agriculture and Consumer Services, other appropriate state
20 agencies, local soil and water conservation districts,
21 environmental groups, regulated interests, and affected
22 pollution sources, are invited to participate in the process.
23 The department shall hold at least one public meeting in the
24 vicinity of the watershed or basin to discuss and receive
25 comments during the planning process and shall otherwise
26 encourage public participation to the greatest practical
27 extent. Not fewer than 5 days or more than 15 days before the
28 public meeting, notice of the public meeting shall be
29 published in a newspaper of general circulation in each county
30 in which the watershed or basin lies. A basin management
31 action plan shall not supplant or otherwise alter any
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1 assessment made under subsection (3) or subsection (4), or any
2 calculation or preliminary allocation made under subsection
3 (6).
4 4. The department shall adopt all or any part of a
5 basin management action plan by secretarial order pursuant to
6 chapter 120 to implement this section.
7 5. The basin management action plan must include
8 milestones for implementation and water quality improvement,
9 and an associated water quality monitoring component
10 sufficient to evaluate whether reasonable progress in
11 pollutant load reductions is being achieved over time. An
12 assessment of progress toward these milestones shall be
13 conducted every 5 years, and revisions to the plan shall be
14 made as appropriate. Revisions to the basin management action
15 plan shall be made by the department in cooperation with basin
16 stakeholders. Revisions to the management strategies required
17 for nonpoint sources shall follow the procedures set forth in
18 subparagraph (c)4. Revised basin management action plans shall
19 be adopted pursuant to subparagraph 4.
20 (b) Total maximum daily load implementation.--
21 1.(a) The department shall be the lead agency in
22 coordinating the implementation of the total maximum daily
23 loads through existing water quality protection programs.
24 Application of a total maximum daily load by a water
25 management district shall be consistent with this section and
26 shall not require the issuance of an order or a separate
27 action pursuant to s. 120.536(1) or s. 120.54 for adoption of
28 the calculation and allocation previously established by the
29 department. Such programs may include, but are not limited to:
30 a.1. Permitting and other existing regulatory
31 programs, including water-quality-based effluent limitations;
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1 b.2. Nonregulatory and incentive-based programs,
2 including best management practices, cost sharing, waste
3 minimization, pollution prevention, agreements established
4 pursuant to s. 403.061(21), and public education;
5 c.3. Other water quality management and restoration
6 activities, for example surface water improvement and
7 management plans approved by water management districts or
8 watershed or basin management action plans developed pursuant
9 to this subsection;
10 d.4. Pollutant trading or other equitable economically
11 based agreements;
12 e.5. Public works including capital facilities; or
13 f.6. Land acquisition.
14 2. For a basin management action plan adopted pursuant
15 to subparagraph (a)4., any management strategies and pollutant
16 reduction requirements associated with a pollutant of concern
17 for which a total maximum daily load was developed, including
18 effluent limits set forth for a discharger subject to NPDES
19 permitting, if any, shall be included in subsequent NPDES
20 permits or permit modifications for that discharger in a
21 timely manner. The department shall not impose limits or
22 conditions implementing an adopted total maximum daily load in
23 a NPDES permit until the permit expires, the discharge is
24 modified, or the permit is reopened pursuant to an adopted
25 basin management action plan.
26 a. For holders of NPDES municipal separate storm sewer
27 system permits and other stormwater sources, implementation of
28 a total maximum daily load or basin management action plan
29 shall be achieved, to the maximum extent practicable, through
30 the use of best management practices or other management
31 measures.
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1 b. The basin management action plan does not relieve
2 the discharger from any requirement to obtain, renew, or
3 modify a NPDES permit or to abide by other requirements of the
4 permit.
5 c. Management strategies set forth in a basin
6 management action plan to be implemented by a discharger
7 subject to permitting by the department shall be completed
8 pursuant to the schedule set forth in the basin management
9 action plan. This implementation schedule may extend beyond
10 the 5-year term of a NPDES permit.
11 d. Management strategies and pollution reduction
12 requirements set forth in a basin management action plan for a
13 specific pollutant of concern shall not be subject to
14 challenge under chapter 120 at the time they are incorporated,
15 in an identical form, into a subsequent NPDES permit or permit
16 modification.
17 e. For nonagricultural pollutant sources not subject
18 to NPDES permitting but permitted pursuant to other state,
19 regional, or local water quality programs, the pollutant
20 reduction actions adopted in a basin management action plan
21 shall be implemented to the maximum extent practicable as part
22 of those permitting programs.
23 f. A nonpoint pollutant source discharger included in
24 a basin management action plan shall demonstrate compliance
25 with the pollutant reductions established pursuant to
26 subsection (6) by implementing the appropriate best management
27 practices established pursuant to paragraph (c) or by
28 conducting the water quality monitoring prescribed by the
29 department or a water management district.
30 g. A nonpoint pollutant source discharger included in
31 a basin management action plan may be subject to enforcement
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1 action by the department or a water management district based
2 upon the failure to implement the responsibilities in
3 sub-subparagraph f.
4 h. A landowner, discharger, or other responsible
5 person who is implementing applicable management strategies
6 specified in an adopted basin management action plan shall not
7 be required by permit, enforcement action, or otherwise to
8 implement additional management strategies to reduce pollutant
9 loads to attain the pollutant reductions established pursuant
10 to subsection (6) and shall be deemed to be in compliance with
11 this section. This subparagraph does not limit the authority
12 of the department to amend a basin management action plan as
13 specified in subparagraph (a)5.
14 (b) In developing and implementing the total maximum
15 daily load for a water body, the department, or the department
16 in conjunction with a water management district, may develop a
17 watershed or basin management plan that addresses some or all
18 of the watersheds and basins tributary to the water body.
19 These plans will serve to fully integrate the management
20 strategies available to the state for the purpose of
21 implementing the total maximum daily loads and achieving water
22 quality restoration. The watershed or basin management
23 planning process is intended to involve the broadest possible
24 range of interested parties, with the objective of encouraging
25 the greatest amount of cooperation and consensus possible. The
26 department or water management district shall hold at least
27 one public meeting in the vicinity of the watershed or basin
28 to discuss and receive comments during the planning process
29 and shall otherwise encourage public participation to the
30 greatest practical extent. Notice of the public meeting shall
31 be published in a newspaper of general circulation in each
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1 county in which the watershed or basin lies not less than 5
2 days nor more than 15 days before the public meeting. A
3 watershed or basin management plan shall not supplant or
4 otherwise alter any assessment made under s. 403.086(3) and
5 (4), or any calculation or allocation made under s.
6 403.086(6).
7 (c) Best management practices.--
8 1. The department, in cooperation with the water
9 management districts and other interested parties, as
10 appropriate, may develop suitable interim measures, best
11 management practices, or other measures necessary to achieve
12 the level of pollution reduction established by the department
13 for nonagricultural nonpoint pollutant sources in allocations
14 developed pursuant to this subsection and subsection (6)
15 paragraph (6)(b). These practices and measures may be adopted
16 by rule by the department and the water management districts
17 pursuant to ss. 120.536(1) and 120.54, and, where adopted by
18 rule, shall may be implemented by those parties responsible
19 for nonagricultural nonpoint source pollution pollutant
20 sources and the department and the water management districts
21 shall assist with implementation. Where interim measures, best
22 management practices, or other measures are adopted by rule,
23 the effectiveness of such practices in achieving the levels of
24 pollution reduction established in allocations developed by
25 the department pursuant to paragraph (6)(b) shall be verified
26 by the department. Implementation, in accordance with
27 applicable rules, of practices that have been verified by the
28 department to be effective at representative sites shall
29 provide a presumption of compliance with state water quality
30 standards and release from the provisions of s. 376.307(5) for
31 those pollutants addressed by the practices, and the
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1 department is not authorized to institute proceedings against
2 the owner of the source of pollution to recover costs or
3 damages associated with the contamination of surface or ground
4 water caused by those pollutants. Such rules shall also
5 incorporate provisions for a notice of intent to implement the
6 practices and a system to assure the implementation of the
7 practices, including recordkeeping requirements. Where water
8 quality problems are detected despite the appropriate
9 implementation, operation, and maintenance of best management
10 practices and other measures according to rules adopted under
11 this paragraph, the department or the water management
12 districts shall institute a reevaluation of the best
13 management practice or other measures.
14 2.(d)1. The Department of Agriculture and Consumer
15 Services may develop and adopt by rule pursuant to ss.
16 120.536(1) and 120.54 suitable interim measures, best
17 management practices, or other measures necessary to achieve
18 the level of pollution reduction established by the department
19 for agricultural pollutant sources in allocations developed
20 pursuant to this subsection and subsection (6) paragraph
21 (6)(b). These practices and measures may be implemented by
22 those parties responsible for agricultural pollutant sources
23 and the department, the water management districts, and the
24 Department of Agriculture and Consumer Services shall assist
25 with implementation. Where interim measures, best management
26 practices, or other measures are adopted by rule, the
27 effectiveness of such practices in achieving the levels of
28 pollution reduction established in allocations developed by
29 the department pursuant to paragraph (6)(b) shall be verified
30 by the department. Implementation, in accordance with
31 applicable rules, of practices that have been verified by the
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1 department to be effective at representative sites shall
2 provide a presumption of compliance with state water quality
3 standards and release from the provisions of s. 376.307(5) for
4 those pollutants addressed by the practices, and the
5 department is not authorized to institute proceedings against
6 the owner of the source of pollution to recover costs or
7 damages associated with the contamination of surface or ground
8 water caused by those pollutants. In the process of developing
9 and adopting rules for interim measures, best management
10 practices, or other measures, the Department of Agriculture
11 and Consumer Services shall consult with the department, the
12 Department of Health, the water management districts,
13 representatives from affected farming groups, and
14 environmental group representatives. Such rules shall also
15 incorporate provisions for a notice of intent to implement the
16 practices and a system to assure the implementation of the
17 practices, including recordkeeping requirements. Where water
18 quality problems are detected despite the appropriate
19 implementation, operation, and maintenance of best management
20 practices and other measures according to rules adopted under
21 this paragraph, the Department of Agriculture and Consumer
22 Services shall institute a reevaluation of the best management
23 practice or other measure.
24 3. Where interim measures, best management practices,
25 or other measures are adopted by rule, the effectiveness of
26 such practices in achieving the levels of pollution reduction
27 established in allocations developed by the department
28 pursuant to this subsection and subsection (6) shall be
29 verified at representative sites by the department. The
30 department shall use best professional judgment in making the
31 initial verification that the best management practices are
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1 effective and, where applicable, shall notify the appropriate
2 water management district or the Department of Agriculture and
3 Consumer Services of its initial verification prior to the
4 adoption of a rule proposed pursuant to this paragraph.
5 Implementation, in accordance with rules adopted under this
6 paragraph, of practices that have been initially verified to
7 be effective, or verified to be effective by monitoring at
8 representative sites, by the department shall provide a
9 presumption of compliance with state water quality standards
10 and release from the provisions of s. 376.307(5) for those
11 pollutants addressed by the practices, and the department is
12 not authorized to institute proceedings against the owner of
13 the source of pollution to recover costs or damages associated
14 with the contamination of surface or ground water caused by
15 those pollutants.
16 4. Where water quality problems are demonstrated
17 during the development or amendment of a basin management
18 action plan, despite the appropriate implementation,
19 operation, and maintenance of best management practices and
20 other measures according to rules adopted under this
21 paragraph, the department, or a water management district or
22 the Department of Agriculture and Consumer Services in
23 consultation with the department, shall institute a
24 reevaluation of the best management practice or other measure.
25 Should the reevaluation determine that the best management
26 practice or other measure requires modification, the
27 department, a water management district, or the Department of
28 Agriculture and Consumer Services, as appropriate, shall
29 revise the rule to require implementation of the modified
30 practice within a reasonable time period as specified in the
31 rule.
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1 5.2. Individual agricultural records relating to
2 processes or methods of production, or relating to costs of
3 production, profits, or other financial information which are
4 otherwise not public records, which are reported to the
5 Department of Agriculture and Consumer Services pursuant to
6 subparagraphs 3. and 4. this paragraph or pursuant to any rule
7 adopted pursuant to subparagraph 2. this paragraph shall be
8 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
9 of the State Constitution. Upon request of the department or
10 any water management district, the Department of Agriculture
11 and Consumer Services shall make such individual agricultural
12 records available to that agency, provided that the
13 confidentiality specified by this subparagraph for such
14 records is maintained. This subparagraph is subject to the
15 Open Government Sunset Review Act of 1995 in accordance with
16 s. 119.15, and shall stand repealed on October 2, 2006, unless
17 reviewed and saved from repeal through reenactment by the
18 Legislature.
19 6.(e) The provisions of subparagraphs 1. and 2.
20 paragraphs (c) and (d) shall not preclude the department or
21 water management district from requiring compliance with water
22 quality standards or with current best management practice
23 requirements set forth in any applicable regulatory program
24 authorized by law for the purpose of protecting water quality.
25 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d)
26 are applicable only to the extent that they do not conflict
27 with any rules adopted promulgated by the department that are
28 necessary to maintain a federally delegated or approved
29 program.
30 (8) RULES.--The department is authorized to adopt
31 rules pursuant to ss. 120.536(1) and 120.54 for:
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1 (a) Delisting water bodies or water body segments from
2 the list developed under subsection (4) pursuant to the
3 guidance under subsection (5).;
4 (b) Administration of funds to implement the total
5 maximum daily load and basin management action planning
6 program.;
7 (c) Procedures for pollutant trading among the
8 pollutant sources to a water body or water body segment,
9 including a mechanism for the issuance and tracking of
10 pollutant credits. Such procedures may be implemented through
11 permits or other authorizations and must be legally binding.
12 Prior to adopting rules for pollutant trading under this
13 paragraph, and no later than November 30, 2006, the Department
14 of Environmental Protection shall submit to the Governor, the
15 President of the Senate, and the Speaker of the House of
16 Representatives a report containing recommendations on such
17 rules, including the proposed basis for equitable economically
18 based agreements and the tracking and accounting of pollution
19 credits or other similar mechanisms. Such recommendations
20 shall be developed in cooperation with a technical advisory
21 committee that includes representatives of environmental
22 organizations, industry, local government, homebuilders, water
23 management districts, agriculture, stormwater utilities, and
24 municipal utilities. No rule implementing a pollutant trading
25 program shall become effective prior to review and
26 ratification by the Legislature; and
27 (d) The total maximum daily load calculation in
28 accordance with paragraph (6)(a) immediately upon the
29 effective date of this act, for those eight water segments
30 within Lake Okeechobee proper as submitted to the United
31 States Environmental Protection Agency pursuant to subsection
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1 (2).
2 (e) Any other purpose specifically provided for in
3 this section.
4 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
5 (a) The department shall not implement, without prior
6 legislative approval, any additional regulatory authority
7 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part
8 130, if such implementation would result in water quality
9 discharge regulation of activities not currently subject to
10 regulation.
11 (b) Interim measures, best management practices, or
12 other measures may be developed and voluntarily implemented
13 pursuant to subparagraph (7)(c)1. or subparagraph (7)(c)2.
14 paragraph (7)(c) or paragraph (7)(d) for any water body or
15 segment for which a total maximum daily load or allocation has
16 not been established. The implementation of such pollution
17 control programs may be considered by the department in the
18 determination made pursuant to subsection (4).
19 Section 2. Paragraph (c) of subsection (3) of section
20 373.4595, Florida Statutes, is amended to read:
21 373.4595 Lake Okeechobee Protection Program.--
22 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
23 program for Lake Okeechobee that achieves phosphorus load
24 reductions for Lake Okeechobee shall be immediately
25 implemented as specified in this subsection. The program shall
26 address the reduction of phosphorus loading to the lake from
27 both internal and external sources. Phosphorus load reductions
28 shall be achieved through a phased program of implementation.
29 Initial implementation actions shall be technology-based,
30 based upon a consideration of both the availability of
31 appropriate technology and the cost of such technology, and
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1 shall include phosphorus reduction measures at both the source
2 and the regional level. The initial phase of phosphorus load
3 reductions shall be based upon the district's Technical
4 Publication 81-2 and the district's WOD program, with
5 subsequent phases of phosphorus load reductions based upon the
6 total maximum daily loads established in accordance with s.
7 403.067. In the development and administration of the Lake
8 Okeechobee Protection Program, the coordinating agencies shall
9 maximize opportunities provided by federal cost-sharing
10 programs and opportunities for partnerships with the private
11 sector.
12 (c) Lake Okeechobee Watershed Phosphorus Control
13 Program.--The Lake Okeechobee Watershed Phosphorus Control
14 Program is designed to be a multifaceted approach to reducing
15 phosphorus loads by improving the management of phosphorus
16 sources within the Lake Okeechobee watershed through continued
17 implementation of existing regulations and best management
18 practices, development and implementation of improved best
19 management practices, improvement and restoration of the
20 hydrologic function of natural and managed systems, and
21 utilization of alternative technologies for nutrient
22 reduction. The coordinating agencies shall facilitate the
23 application of federal programs that offer opportunities for
24 water quality treatment, including preservation, restoration,
25 or creation of wetlands on agricultural lands.
26 1. Agricultural nonpoint source best management
27 practices, developed in accordance with s. 403.067 and
28 designed to achieve the objectives of the Lake Okeechobee
29 Protection Program, shall be implemented on an expedited
30 basis. By March 1, 2001, the coordinating agencies shall
31 develop an interagency agreement pursuant to ss. 373.046 and
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1 373.406(5) that assures the development of best management
2 practices that complement existing regulatory programs and
3 specifies how those best management practices are implemented
4 and verified. The interagency agreement shall address measures
5 to be taken by the coordinating agencies during any best
6 management practice reevaluation performed pursuant to
7 sub-subparagraph d. The department shall use best professional
8 judgment in making the initial determination of best
9 management practice effectiveness.
10 a. As provided in s. 403.067(7)(c)(d), by October 1,
11 2000, the Department of Agriculture and Consumer Services, in
12 consultation with the department, the district, and affected
13 parties, shall initiate rule development for interim measures,
14 best management practices, conservation plans, nutrient
15 management plans, or other measures necessary for Lake
16 Okeechobee phosphorus load reduction. The rule shall include
17 thresholds for requiring conservation and nutrient management
18 plans and criteria for the contents of such plans. Development
19 of agricultural nonpoint source best management practices
20 shall initially focus on those priority basins listed in
21 subparagraph (b)1. The Department of Agriculture and Consumer
22 Services, in consultation with the department, the district,
23 and affected parties, shall conduct an ongoing program for
24 improvement of existing and development of new interim
25 measures or best management practices for the purpose of
26 adoption of such practices by rule.
27 b. Where agricultural nonpoint source best management
28 practices or interim measures have been adopted by rule of the
29 Department of Agriculture and Consumer Services, the owner or
30 operator of an agricultural nonpoint source addressed by such
31 rule shall either implement interim measures or best
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1 management practices or demonstrate compliance with the
2 district's WOD program by conducting monitoring prescribed by
3 the department or the district. Owners or operators of
4 agricultural nonpoint sources who implement interim measures
5 or best management practices adopted by rule of the Department
6 of Agriculture and Consumer Services shall be subject to the
7 provisions of s. 403.067(7). The Department of Agriculture and
8 Consumer Services, in cooperation with the department and the
9 district, shall provide technical and financial assistance for
10 implementation of agricultural best management practices,
11 subject to the availability of funds.
12 c. The district or department shall conduct monitoring
13 at representative sites to verify the effectiveness of
14 agricultural nonpoint source best management practices.
15 d. Where water quality problems are detected for
16 agricultural nonpoint sources despite the appropriate
17 implementation of adopted best management practices, the
18 Department of Agriculture and Consumer Services, in
19 consultation with the other coordinating agencies and affected
20 parties, shall institute a reevaluation of the best management
21 practices and make appropriate changes to the rule adopting
22 best management practices.
23 2. Nonagricultural nonpoint source best management
24 practices, developed in accordance with s. 403.067 and
25 designed to achieve the objectives of the Lake Okeechobee
26 Protection Program, shall be implemented on an expedited
27 basis. By March 1, 2001, the department and the district shall
28 develop an interagency agreement pursuant to ss. 373.046 and
29 373.406(5) that assures the development of best management
30 practices that complement existing regulatory programs and
31 specifies how those best management practices are implemented
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1 and verified. The interagency agreement shall address measures
2 to be taken by the department and the district during any best
3 management practice reevaluation performed pursuant to
4 sub-subparagraph d.
5 a. The department and the district are directed to
6 work with the University of Florida's Institute of Food and
7 Agricultural Sciences to develop appropriate nutrient
8 application rates for all nonagricultural soil amendments in
9 the watershed. As provided in s. 403.067(7)(c), by January 1,
10 2001, the department, in consultation with the district and
11 affected parties, shall develop interim measures, best
12 management practices, or other measures necessary for Lake
13 Okeechobee phosphorus load reduction. Development of
14 nonagricultural nonpoint source best management practices
15 shall initially focus on those priority basins listed in
16 subparagraph (b)1. The department, the district, and affected
17 parties shall conduct an ongoing program for improvement of
18 existing and development of new interim measures or best
19 management practices. The district shall adopt
20 technology-based standards under the district's WOD program
21 for nonagricultural nonpoint sources of phosphorus.
22 b. Where nonagricultural nonpoint source best
23 management practices or interim measures have been developed
24 by the department and adopted by the district, the owner or
25 operator of a nonagricultural nonpoint source shall implement
26 interim measures or best management practices and be subject
27 to the provisions of s. 403.067(7). The department and
28 district shall provide technical and financial assistance for
29 implementation of nonagricultural nonpoint source best
30 management practices, subject to the availability of funds.
31 c. The district or the department shall conduct
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1 monitoring at representative sites to verify the effectiveness
2 of nonagricultural nonpoint source best management practices.
3 d. Where water quality problems are detected for
4 nonagricultural nonpoint sources despite the appropriate
5 implementation of adopted best management practices, the
6 department and the district shall institute a reevaluation of
7 the best management practices.
8 3. The provisions of subparagraphs 1. and 2. shall not
9 preclude the department or the district from requiring
10 compliance with water quality standards or with current best
11 management practices requirements set forth in any applicable
12 regulatory program authorized by law for the purpose of
13 protecting water quality. Additionally, subparagraphs 1. and
14 2. are applicable only to the extent that they do not conflict
15 with any rules promulgated by the department that are
16 necessary to maintain a federally delegated or approved
17 program.
18 4. Projects which reduce the phosphorus load
19 originating from domestic wastewater systems within the Lake
20 Okeechobee watershed shall be given funding priority in the
21 department's revolving loan program under s. 403.1835. The
22 department shall coordinate and provide assistance to those
23 local governments seeking financial assistance for such
24 priority projects.
25 5. Projects that make use of private lands, or lands
26 held in trust for Indian tribes, to reduce nutrient loadings
27 or concentrations within a basin by one or more of the
28 following methods: restoring the natural hydrology of the
29 basin, restoring wildlife habitat or impacted wetlands,
30 reducing peak flows after storm events, increasing aquifer
31 recharge, or protecting range and timberland from conversion
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1 to development, are eligible for grants available under this
2 section from the coordinating agencies. For projects of
3 otherwise equal priority, special funding priority will be
4 given to those projects that make best use of the methods
5 outlined above that involve public-private partnerships or
6 that obtain federal match money. Preference ranking above the
7 special funding priority will be given to projects located in
8 a rural area of critical economic concern designated by the
9 Governor. Grant applications may be submitted by any person or
10 tribal entity, and eligible projects may include, but are not
11 limited to, the purchase of conservation and flowage
12 easements, hydrologic restoration of wetlands, creating
13 treatment wetlands, development of a management plan for
14 natural resources, and financial support to implement a
15 management plan.
16 6.a. The department shall require all entities
17 disposing of domestic wastewater residuals within the Lake
18 Okeechobee watershed and the remaining areas of Okeechobee,
19 Glades, and Hendry Counties to develop and submit to the
20 department an agricultural use plan that limits applications
21 based upon phosphorus loading. By July 1, 2005, phosphorus
22 concentrations originating from these application sites shall
23 not exceed the limits established in the district's WOD
24 program.
25 b. Private and government-owned utilities within
26 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
27 River, Okeechobee, Highlands, Hendry, and Glades Counties that
28 dispose of wastewater residual sludge from utility operations
29 and septic removal by land spreading in the Lake Okeechobee
30 watershed may use a line item on local sewer rates to cover
31 wastewater residual treatment and disposal if such disposal
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1 and treatment is done by approved alternative treatment
2 methodology at a facility located within the areas designated
3 by the Governor as rural areas of critical economic concern
4 pursuant to s. 288.0656. This additional line item is an
5 environmental protection disposal fee above the present sewer
6 rate and shall not be considered a part of the present sewer
7 rate to customers, notwithstanding provisions to the contrary
8 in chapter 367. The fee shall be established by the county
9 commission or its designated assignee in the county in which
10 the alternative method treatment facility is located. The fee
11 shall be calculated to be no higher than that necessary to
12 recover the facility's prudent cost of providing the service.
13 Upon request by an affected county commission, the Florida
14 Public Service Commission will provide assistance in
15 establishing the fee. Further, for utilities and utility
16 authorities that use the additional line item environmental
17 protection disposal fee, such fee shall not be considered a
18 rate increase under the rules of the Public Service Commission
19 and shall be exempt from such rules. Utilities using the
20 provisions of this section may immediately include in their
21 sewer invoicing the new environmental protection disposal fee.
22 Proceeds from this environmental protection disposal fee shall
23 be used for treatment and disposal of wastewater residuals,
24 including any treatment technology that helps reduce the
25 volume of residuals that require final disposal, but such
26 proceeds shall not be used for transportation or shipment
27 costs for disposal or any costs relating to the land
28 application of residuals in the Lake Okeechobee watershed.
29 c. No less frequently than once every 3 years, the
30 Florida Public Service Commission or the county commission
31 through the services of an independent auditor shall perform a
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1 financial audit of all facilities receiving compensation from
2 an environmental protection disposal fee. The Florida Public
3 Service Commission or the county commission through the
4 services of an independent auditor shall also perform an audit
5 of the methodology used in establishing the environmental
6 protection disposal fee. The Florida Public Service Commission
7 or the county commission shall, within 120 days after
8 completion of an audit, file the audit report with the
9 President of the Senate and the Speaker of the House of
10 Representatives and shall provide copies to the county
11 commissions of the counties set forth in sub-subparagraph b.
12 The books and records of any facilities receiving compensation
13 from an environmental protection disposal fee shall be open to
14 the Florida Public Service Commission and the Auditor General
15 for review upon request.
16 7. The Department of Health shall require all entities
17 disposing of septage within the Lake Okeechobee watershed and
18 the remaining areas of Okeechobee, Glades, and Hendry Counties
19 to develop and submit to that agency, by July 1, 2003, an
20 agricultural use plan that limits applications based upon
21 phosphorus loading. By July 1, 2005, phosphorus concentrations
22 originating from these application sites shall not exceed the
23 limits established in the district's WOD program.
24 8. The Department of Agriculture and Consumer Services
25 shall initiate rulemaking requiring entities within the Lake
26 Okeechobee watershed and the remaining areas of Okeechobee,
27 Glades, and Hendry Counties which land-apply animal manure to
28 develop conservation or nutrient management plans that limit
29 application, based upon phosphorus loading. Such rules may
30 include criteria and thresholds for the requirement to develop
31 a conservation or nutrient management plan, requirements for
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1 plan approval, and recordkeeping requirements.
2 9. Prior to authorizing a discharge into works of the
3 district, the district shall require responsible parties to
4 demonstrate that proposed changes in land use will not result
5 in increased phosphorus loading over that of existing land
6 uses.
7 10. The district, the department, or the Department of
8 Agriculture and Consumer Services, as appropriate, shall
9 implement those alternative nutrient reduction technologies
10 determined to be feasible pursuant to subparagraph (d)6.
11 Section 3. Subsection (1) of section 570.085, Florida
12 Statutes, is amended to read:
13 570.085 Department of Agriculture and Consumer
14 Services; agricultural water conservation.--The department
15 shall establish an agricultural water conservation program
16 that includes the following:
17 (1) A cost-share program, coordinated where
18 appropriate with the United States Department of Agriculture
19 and other federal, state, regional, and local agencies, for
20 irrigation system retrofit and application of mobile
21 irrigation laboratory evaluations for water conservation as
22 provided in this section and, where applicable, for water
23 quality improvement pursuant to s. 403.067(7)(c)(d).
24 Section 4. This act shall take effect upon becoming a
25 law.
26
27
28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 Delete everything before the enacting clause
31
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1 and insert:
2 A bill to be entitled
3 An act relating to total maximum daily loads;
4 amending s. 403.067, F.S.; providing for the
5 attainment of pollutant reductions for
6 achievement of certain water quality standards
7 in impaired waters; revising provisions for the
8 allocation of allowable pollutant loads;
9 authorizing the Department of Environmental
10 Protection to adopt phased total maximum daily
11 loads under certain conditions; providing for
12 the development and implementation of basin
13 management action plans in developing and
14 implementing total maximum daily loads;
15 revising provisions for the implementation of
16 and compliance with total maximum daily loads;
17 authorizing the department to adopt basin
18 management action plans by order; revising
19 provisions relating to verification by the
20 department of best management practices whose
21 implementation creates a presumption of
22 compliance with certain water quality standards
23 and a release of liability to the state for
24 pollution remediation; revising provisions
25 relating to reevaluation of best management
26 practices when water quality problems occur;
27 removing a provision specifying that provisions
28 relating to the department's verification or
29 reevaluation of best management practices do
30 not preclude authority of the department or the
31 water management districts to require
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1 compliance with water quality standards or
2 other specified requirements; authorizing
3 rulemaking by the department to administer
4 funds to implement the basin management action
5 planning program and for other purposes in the
6 section; requiring the department to submit a
7 report to the Governor, the President of the
8 Senate, and the Speaker of the House of
9 Representatives prior to adopting rules for
10 pollutant trading; amending ss. 373.4595 and
11 570.085, F.S.; correcting cross-references;
12 providing an effective date.
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