Senate Bill sb2368

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    Florida Senate - 2005                                  SB 2368

    By Senator Argenziano





    3-1501-05

  1                      A bill to be entitled

  2         An act relating to springs protection; creating

  3         part IV of ch. 369, F.S.; providing legislative

  4         intent; providing definitions; providing for

  5         delineation of the springshed and protection

  6         zone of certain springs by the Department of

  7         Environmental Protection with the cooperation

  8         of the water management districts; establishing

  9         criteria and schedule; providing for inclusion

10         of certain springs whose water quality is

11         impaired in the total maximum daily loads

12         program implemented by the department;

13         providing for criteria to determine the

14         impairment of springs; requiring the

15         department, in conjunction with water

16         management districts, to develop and implement

17         a basin management plan relating to protection

18         of the springshed; providing for allocation of

19         a portion of the nonagricultural, nonpoint

20         pollutant load calculated under the program to

21         certain local governments; requiring a local

22         government having jurisdiction over the

23         springshed or protection zones of certain

24         high-magnitude springs to review its

25         comprehensive plan and prepare a report for

26         consideration by its governing body; providing

27         for amendment of such comprehensive plan if

28         necessary to meet certain criteria relating to

29         springs protection; providing for guidance by

30         the department, the Department of Community

31         Affairs, the Department of Health, and the

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 1         water management districts; providing for the

 2         prohibition or restriction of certain

 3         activities within the primary protection zone

 4         of a spring; providing an effective date.

 5  

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

 7  

 8         Section 1.  Part IV of chapter 369, Florida Statutes,

 9  consisting of sections 369.401, 369.403, 369.405, 369.407,

10  369.411, 369.413, and 369.415, Florida Statutes, is created to

11  read:

12                           CHAPTER 369

13                             PART IV

14                        SPRINGS PROTECTION

15         369.401  Short title.--This part may be cited as the

16  "Florida Springs Protection Act."

17         369.403  Legislative intent.--

18         (1)  The Legislature recognizes that Florida's springs

19  are a precious and fragile natural resource that must be

20  protected. Flow and water quality at springs are indicators of

21  local conditions in the Floridan Aquifer and other major

22  aquifers that are also drinking-water sources for many

23  Floridians. Florida's springs also provide recreational

24  opportunities for swimmers, boaters, wildlife watchers, and

25  cave divers. Because of these recreational opportunities, and

26  accompanying tourism, many of Florida's springs provide great

27  financial benefits to local economies. In addition, springs

28  provide critical habitat for numerous endangered or threatened

29  species of plants and animals and serve as general indicators

30  of the quality of groundwater resources.

31  

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    Florida Senate - 2005                                  SB 2368
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 1         (2)  The Legislature recognizes that a spring is only

 2  as healthy as its springshed. The groundwater that supplies

 3  springs is derived from rainfall that recharges aquifer

 4  systems in the form of seepage from the land surface and

 5  through direct conduits such as sinkholes. As a result, the

 6  hydrologic and environmental condition of a spring or spring

 7  run is directly influenced by activities and land uses within

 8  the springshed.

 9         (3)  The Legislature recognizes that a number of

10  Florida's springs including Crystal Springs, De Leon Springs,

11  Fanning Springs, Lithia Springs, Manatee Springs, Ponce De

12  Leon Springs, Rainbow Springs, Silver Springs, Wakulla

13  Springs, Weeki Wachee Springs, and Wekiwa Springs currently

14  have elevated nutrient concentrations, as determined by

15  Florida Department of Environmental Protection bioassessments.

16  Elevated nutrient concentrations may lead to increases in

17  algae growth which decrease water clarity and change both the

18  aesthetic qualities and the natural ecology of springs.

19         (4)  The Legislature recognizes that Florida's

20  standards regulating nutrient concentrations in ground water,

21  including minimum criteria, are intended to protect human

22  health and are not based on protection of the complex

23  biological and ecological systems that contribute to the

24  integrity of Florida's springs.

25         (5)  The Legislature recognizes that springshed

26  boundaries and areas of high vulnerability within springsheds

27  often have not been identified and that to adequately protect

28  springs, these areas must be delineated and characterized

29  using the best available data.

30  

31  

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 1         (6)  The Legislature recognizes that because

 2  springsheds cross local government jurisdictional boundaries,

 3  a coordinated, statewide springs-protection plan is required.

 4         (7)  It is the intent of the Legislature that local

 5  governments whose jurisdictions are within springsheds

 6  emphasize the importance of this state resource in their

 7  planning and regulation efforts.

 8         (8)  It is the intent of the Legislature that future

 9  amendments to comprehensive plans adopted by local governments

10  whose jurisdictions are within the springsheds of first and

11  second magnitude and other locally significant springs include

12  land-development regulations that protect the water quantity

13  and quality of those springs.

14         (9)  It is the intent of the Legislature that state

15  agencies and water management districts work together with

16  local governments to provide the data necessary to delineate

17  springsheds and protection zones, and to develop comprehensive

18  plans and land-development regulations that protect Florida

19  springs. The Legislature recognizes that urgent action is

20  needed and can be reasonably based on best available data.

21         369.405  Definitions.--As used in this part, the term:

22         (1)  "Department" means the Department of Environmental

23  Protection, which includes the Florida Geological Survey.

24         (2)  "First and second magnitude springs" means the

25  springs identified as first or second magnitude by the Florida

26  Geological Survey in Florida Geological Survey Bulletin No.

27  1966 (2004), "Springs of Florida".

28         (3)  "Karst" means a landform that has been modified by

29  dissolution of soluble rock such as limestone or dolostone.

30         (4)  "Karst terrain" means a terrain, generally

31  underlain by limestone or dolostone, in which the topography

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 1  is chiefly formed by the dissolution of rock, and which may be

 2  characterized by such karst features as sinkholes, sinking

 3  streams, closed depressions, subterranean drainage, and caves.

 4         (5)  "Local comprehensive plan" means a comprehensive

 5  plan adopted pursuant to ss. 163.3164-163.3215.

 6         (6)  "Local government" means a local government whose

 7  jurisdiction includes a first or second magnitude spring, or

 8  any part of a primary or secondary protection zone for a first

 9  or second magnitude spring.

10         (7)  "Primary protection zone" means the geographic

11  area within a springshed, identified by the department under

12  s. 369.407, that, because of its proximity or connectivity to

13  the spring or its karst features, or both, contributes

14  directly to the spring's flow or water quality.

15         (8)  "Reclaimed water" means wastewater that has

16  received at least secondary treatment and basic disinfection

17  and is reused after flowing out of a domestic wastewater

18  treatment facility.

19         (9)  "Reuse" means the deliberate application of

20  reclaimed water, in compliance with the rules adopted by the

21  department or by a water management district rules, for a

22  beneficial purpose.

23         (10)  "Secondary protection zone" means the geographic

24  area within a springshed, identified by the department under

25  s. 369.407, that is located within the springshed but outside

26  the primary protection zone.

27         (11)  "Spring" means a point where ground water emerges

28  onto the earth's surface, including under any surface water of

29  the state, excluding seeps. The term includes a spring run or

30  a "karst window," which is a depression opening in karst

31  

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    Florida Senate - 2005                                  SB 2368
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 1  terrain which reveals a portion of a subterranean flow or the

 2  unroofed portion of a cave.

 3         (12)  "Spring run" means a body of flowing water that

 4  originates from a spring or whose primary source of water is

 5  from a spring or springs under average rainfall conditions.

 6         (13)  "Springshed" or "spring recharge basin" means the

 7  areas within the ground water or surface water basins which

 8  contribute to the discharge of a spring. The position of the

 9  divide is orthogonal to isopotential lines.

10         (14)  "Travel time" means the time required for water

11  to travel horizontally, vertically, or a combination thereof,

12  from any point in the springshed to the point at which it

13  emerges from the ground and contributes to the flow of a

14  spring or spring run.

15         369.407  Delineation of springsheds and primary

16  protection zones.--

17         (1)  The department, in cooperation with the water

18  management districts, shall delineate springsheds and primary

19  protection zones for first and second magnitude springs.

20         (2)  Such delineation of springsheds and primary

21  protection zones shall be accomplished using best available

22  data from the water management districts, the Florida

23  Geological Survey, and other credible sources. The delineation

24  of protection zones must be based on a consideration of the

25  following:

26         (a)  Proximity or connectivity to the spring.

27         (b)  Travel time.

28         (c)  Proximity to karst features.

29         (d)  Hydrogeologic characteristics of the springshed

30  such as the nature and extent of confining units within the

31  groundwater flow system and the location of recharge areas.

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 1         (e)  Areas that contribute surface water drainage or

 2  overland flow to the spring and its springshed.

 3         (f)  Data from Florida Geological Survey's Florida

 4  Aquifer Vulnerability Assessment.

 5         (g)  Other objective and credible data.

 6         (3)  Because of the urgent need for a consistent

 7  mapping that can be used by state agencies and local

 8  governments, the department shall begin the delineation of

 9  such springsheds and primary protection zones on July 1, 2005.

10  By July 1, 2008, the department shall propose, for adoption as

11  a rule, a statewide map that delineates the springshed and

12  protection zone of the first and second magnitude springs.

13  Prior to final adoption of the statewide map by rule, the

14  department may adopt, by rule, maps that delineate the

15  springshed and protection zone of one or more first and second

16  magnitude springs. The department may also establish, by rule,

17  interim primary protection zones, using simple distance

18  criteria from a spring, spring run, sinkhole, conduit, or

19  other feature significant to spring discharge. The interim

20  zones may be established before or after the department

21  proposes adoption of the statewide map and will apply until

22  the statewide map is adopted in a final rule of the

23  department.

24         (4)  The springsheds and primary zones delineated under

25  this section must be periodically reviewed and amended as

26  necessary.

27         369.409  Establishment and implementation of total

28  maximum pollutant daily loads for impaired springs.--

29         (1)  By July 1, 2007, the department shall establish

30  criteria for determining the impairment of springs to

31  supplement the standards used to assess the impairment of

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 1  waters under s. 403.067. In determining such impairment, the

 2  department shall consider, without limitation, all of the

 3  following:

 4         (a)  Existing water quality and water quality trends

 5  including, but not limited to, nutrient and chlorophyll

 6  concentrations.

 7         (b)  The presence of attached algae that may affect

 8  contact recreation or planktonic algae that may diminish water

 9  quality.

10         (c)  Imbalance in flora and fauna.

11         (d)  Aesthetics as they affect the recreational use or

12  economic value of a particular spring.

13         (2)  Following establishment of the criteria under

14  subsection (1), the department shall develop a list of

15  impaired first and second magnitude springs and add impaired

16  springs to the list of impaired waters that is developed under

17  and subject to s. 403.067. A spring may be designated and

18  listed as impaired if, in the judgment of the department, it

19  is likely to become impaired.

20         (3)  In establishing and implementing the total maximum

21  daily loads of nutrients for springs under this section and s.

22  403.067, the department, or the department in conjunction with

23  the appropriate water management districts, shall develop a

24  watershed or basin management plan, as specified in s.

25  403.067(7)(b), which addresses protection of the quality of

26  water in the springshed.

27         (4)  The establishment and implementation of total

28  maximum daily loads of nonagricultural, nonpoint pollutant

29  sources of nutrients must include a reasonable and equitable

30  allocation of the total maximum daily load to each local

31  government that is authorized to control activities that

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 1  impact the quality or quantity of water in the impaired

 2  spring.

 3         (5)  On or before July 1, 2007, the department shall

 4  establish the schedule by which it will first determine, under

 5  s. 403.067, the total maximum daily loads for the impaired

 6  springs identified and listed pursuant to this section.

 7         369.411  Review and amendment of local comprehensive

 8  plans to protect spring water recharge and quality.--

 9         (1)  Within 1 year after the department adopts, by

10  final rule, a delineation of springshed and protection zones

11  pursuant to s. 369.407, each local government having

12  jurisdiction over the delineated area shall prepare, and

13  submit to its governing body, a report that evaluates the

14  degree of springs protection provided in its local

15  comprehensive plan. The report must include recommendations,

16  for the consideration of the governing board of the local

17  government, to amend the comprehensive plan to ensure that it

18  contains goals, objectives, and policies that result in the

19  protection of the quantity and quality of water discharged

20  from each first or second magnitude spring whose springshed or

21  protection zone is located wholly or partly within the

22  jurisdiction of the local government.

23         (2)  Within 1 year after submittal of the report

24  specified in subsection (1), each local government shall adopt

25  plan amendments to ensure that land use activities within its

26  jurisdiction:

27         (a)  Do not diminish the quality of waters that

28  recharge the ground waters within the springshed;

29         (b)  Do not reduce groundwater recharge capability

30  within the springshed; and

31  

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 1         (c)  Implement the total maximum daily load of

 2  nonagricultural nonpoint pollutant sources allocated to the

 3  local government pursuant to s. 369.409(4).

 4         (3)  The Department of Community Affairs, water

 5  management districts, the Department of Health, and the

 6  department shall provide the local government with guidance

 7  and technical support during the review, amendment, and

 8  implementation of local comprehensive plans to protect spring

 9  water recharge and quality.

10         369.413  Prohibited activities within primary

11  protection zone.--Each local government shall, to the extent

12  of its existing authority, prohibit the conduct of any of the

13  following activities within primary protection zones:

14         (1)  New industrial wastewater disposal systems.

15         (2)  New landfills, including lined landfills.

16         (3)  New rapid infiltration basins.

17         369.415  Limited or conditional uses within primary

18  protection zones.--

19         (1)  Each local government, to the extent of its

20  existing authority, may allow the conduct of the following

21  activities in a primary protection zone created under s.

22  369.407 only by special use permit in accordance with local

23  ordinance:

24         (a)  New slow-rate land application systems, excluding

25  the reuse of reclaimed water;

26         (b)  New onsite sewage disposal systems at a density of

27  greater than 1 per 5 acres, excluding systems that use

28  advanced, low-nutrient output, designs that are approved by

29  the Department of Health.

30  

31  

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 1         (c)  New facilities for the transfer, storage, or

 2  disposal of hazardous materials or waste, including SARA 302

 3  facilities.

 4         (d)  Other land uses may be prohibited in the local

 5  comprehensive plan at the discretion of a local government,

 6  after considering existing land-use patterns and the potential

 7  for damage to a particular spring.

 8         (2)  A local government shall ensure that its

 9  comprehensive plan includes provisions that reflect the

10  limited or conditional uses in subsection (1) and that such

11  provisions are implemented through passage of a local

12  ordinance.

13         Section 2.  This act shall take effect July 1, 2005.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Creates the Florida Springs Protection Act. Provides
      definitions and legislative intent. Provides for
18    delineation of the springshed and protection zone of
      certain springs by the Department of Environmental
19    Protection with the cooperation of the water management
      districts. Provides for inclusion of certain springs
20    whose water quality is impaired in the total maximum
      daily loads program implemented by the department.
21    Requires the department, in conjunction with water
      management districts, to develop and implement a basin
22    management plan relating to protection of the springshed.
      Provides for allocation of a portion of the
23    nonagricultural, nonpoint pollutant load calculated under
      the program to certain local governments. Requires a
24    local government with jurisdiction over the springshed or
      protection zones of certain high-magnitude springs to
25    review its comprehensive plan and prepare a report for
      consideration by its governing board. Provides for
26    amendment of such comprehensive plan if necessary to meet
      certain criteria relating to springs protection. Provides
27    for guidance by the department, the Department of
      Community Affairs, the Department of Health, and the
28    water management districts. Provides for the prohibition
      or restriction of certain activities within the primary
29    protection zone of a spring.

30  

31  

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