Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 2510
                        Barcode 154348
                            CHAMBER ACTION
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11  Senator Alexander moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 18, between lines 21 and 22,
15  
16  insert:  
17         Section 4.  Paragraph (d) of subsection (2) and
18  subsections (6), (7), (8), and (11) of section 403.067,
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. CS for SB 2510 Barcode 154348 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)(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 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 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 15 total maximum daily loads shall include establishment of 16 reasonable and equitable allocations of the total maximum 17 daily load between or among point and nonpoint sources that 18 will alone, or in conjunction with other management and 19 restoration activities, provide for the attainment of the 20 pollutant reductions established pursuant to paragraph (a) to 21 achieve water quality standards for the pollutant causing 22 impairment and the restoration of impaired waters. The 23 allocations may establish the maximum amount of the water 24 pollutant which 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 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 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 pollution 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 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 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 15 load calculations and allocations established under this 16 subsection for each water body or water body segment shall be 17 adopted by rule by the secretary pursuant to ss. 120.536(1), 18 120.54, and 403.805. Where additional data collection and 19 analysis are needed to increase the scientific precision and 20 accuracy of the total maximum daily load, the department may 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 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 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 ACTION PLANS; 8 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS; BEST MANAGEMENT 9 PRACTICES.-- 10 (a) Basin management action plans.-- 11 1. In developing and implementing the total maximum 12 daily load for a water body, the department, or the department 13 in conjunction with a water management district, may develop a 14 basin management action plan that addresses some or all of the 15 watersheds and basins tributary to the water body. Such a plan 16 shall integrate the appropriate management strategies 17 available to the state through existing water quality 18 protection programs to achieve the total maximum daily load 19 and may provide for phased implementation of these management 20 strategies to promote timely, cost-effective actions as 21 provided for in s. 403.151. The plan shall establish a 22 schedule for implementing the management strategies, establish 23 a basis for evaluating the plan's effectiveness, and identify 24 feasible funding strategies to implement the plan's management 25 strategies. The management strategies may include regional 26 treatment systems or other public works, where appropriate, to 27 achieve the needed pollutant load reductions. 28 2. A basin management action plan shall, pursuant to 29 paragraph (6)(b), equitably allocate pollutant reductions to 30 individual basins, as a whole to all basins or to each 31 identified point source or category of nonpoint sources, as 6 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 appropriate. For nonpoint sources for which best management 2 practices have been adopted, the initial requirement specified 3 by the plan shall be those practices developed pursuant to 4 paragraph (c). Where appropriate, the plan may provide 5 pollutant load reduction credit to those dischargers that have 6 implemented management strategies to reduce pollutant loads, 7 including best management practices, prior to the development 8 of the basin management action plan. The plan also shall 9 identify the mechanisms by which potential future increases in 10 pollutant loading will be addressed. 11 3. The basin management action planning process is 12 intended to involve the broadest possible range of interested 13 parties, with the objective of encouraging the greatest amount 14 of cooperation and consensus possible. In developing a basin 15 management action plan, the department shall ensure that key 16 stakeholders, including, but not limited to, applicable local 17 governments, water management districts, the Department of 18 Agriculture and Consumer Services, other appropriate state 19 agencies, local soil and water conservation districts, 20 environmental groups, regulated interests, and affected 21 pollution sources are invited to participate in the process. 22 The department shall hold at least one public meeting in the 23 vicinity of the watershed or basin to discuss and receive 24 comments during the planning process and shall otherwise 25 encourage public participation to the greatest practical 26 extent. Not fewer than 5 days or more than 15 days before the 27 public meeting, notice of the public meeting shall be 28 published in a newspaper of general circulation in each county 29 in which the watershed or basin lies. A basin management 30 action plan shall not supplant or otherwise alter any 31 assessment made under subsection (3) or subsection (4) or any 7 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 calculation or preliminary allocation made under subsection 2 (6). 3 4. The department shall adopt all or any part of a 4 basin management action plan by secretarial order pursuant to 5 chapter 120 to implement this section. 6 5. The basin management action plan must include 7 milestones for implementation and water quality improvement 8 and an associated water quality monitoring component 9 sufficient to evaluate whether reasonable progress in 10 pollutant load reductions is being achieved over time. An 11 assessment of progress toward these milestones shall be 12 conducted every 5 years and revisions to the plan shall be 13 made as appropriate. Revisions to the basin management action 14 plan shall be made by the department in cooperation with basin 15 stakeholders. Revisions to the management strategies required 16 for nonpoint sources shall follow the procedures set forth in 17 subparagraph (c)4. Revised basin management action plans shall 18 be adopted pursuant to subparagraph 4. 19 (b) Total maximum daily load implementation.-- 20 1.(a) The department shall be the lead agency in 21 coordinating the implementation of the total maximum daily 22 loads through existing water quality protection programs. 23 Application of a total maximum daily load by a water 24 management district shall be consistent with this section and 25 shall not require the issuance of an order or a separate 26 action pursuant to s. 120.536(1) or s. 120.54 for adoption of 27 the calculation and allocation previously established by the 28 department. Such programs may include, but are not limited to: 29 a.1. Permitting and other existing regulatory 30 programs, including water-quality-based effluent limitations; 31 b.2. Nonregulatory and incentive-based programs, 8 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 including best management practices, cost sharing, waste 2 minimization, pollution prevention, agreements established 3 pursuant to s. 403.061(21), and public education; 4 c.3. Other water quality management and restoration 5 activities, for example surface water improvement and 6 management plans approved by water management districts or 7 watershed or basin management action plans developed pursuant 8 to this subsection; 9 d.4. Pollutant trading or other equitable economically 10 based agreements; 11 e.5. Public works including capital facilities; or 12 f.6. Land acquisition. 13 2. For a basin management action plan adopted pursuant 14 to subparagraph (a)4., any management strategies and pollutant 15 reduction requirements associated with a pollutant of concern 16 for which a total maximum daily load was developed, including 17 effluent limits set forth for a discharger subject to NPDES 18 permitting, if any, shall be included in subsequent NPDES 19 permits or permit modifications for that discharger in a 20 timely manner. The department shall not impose limits or 21 conditions implementing an adopted total maximum daily load in 22 a NPDES permit until the permit expires, the discharge is 23 modified, or the permit is reopened pursuant to an adopted 24 basin management action plan. 25 a. For holders of NPDES municipal separate storm sewer 26 system permits and other stormwater sources, implementation of 27 a total maximum daily load or basin management action plan 28 shall be achieved, to the maximum extent practicable, through 29 the use of best management practices or other management 30 measures. 31 b. The basin management action plan does not relieve 9 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 the discharger from any requirement to obtain, renew, or 2 modify a NPDES permit or to abide by other requirements of the 3 permit. 4 c. Management strategies set forth in a basin 5 management action plan to be implemented by a discharger 6 subject to permitting by the department shall be completed 7 pursuant to the schedule set forth in the basin management 8 action plan. This implementation schedule may extend beyond 9 the 5-year term of a NPDES permit. 10 d. Management strategies and pollution reduction 11 requirements set forth in a basin management action plan for a 12 specific pollutant of concern shall not be subject to 13 challenge under chapter 120 at the time they are incorporated, 14 in an identical form, into a subsequent NPDES permit or permit 15 modification. 16 e. For nonagricultural pollutant sources not subject 17 to NPDES permitting but permitted pursuant to other state, 18 regional, or local water quality programs, the pollutant 19 reduction actions adopted in a basin management action plan 20 shall be implemented to the maximum extent practicable as part 21 of those permitting programs. 22 f. A nonpoint pollutant source discharger included in 23 a basin management action plan shall demonstrate compliance 24 with the pollutant reductions established pursuant to 25 subsection (6) by implementing the appropriate best management 26 practices established pursuant to paragraph (c) or by 27 conducting the water quality monitoring prescribed by the 28 department or a water management district. 29 g. A nonpoint pollutant source discharger included in 30 a basin management action plan may be subject to enforcement 31 action by the department or a water management district based 10 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 upon the failure to implement the responsibilities in 2 sub-subparagraph f. 3 h. A landowner, discharger, or other responsible 4 person who is implementing applicable management strategies 5 specified in an adopted basin management action plan shall not 6 be required by permit, enforcement action, or otherwise to 7 implement additional management strategies to reduce pollutant 8 loads to attain the pollutant reductions established pursuant 9 to subsection (6) and shall be deemed to be in compliance with 10 this section. This subparagraph does not limit the authority 11 of the department to amend a basin management action plan as 12 specified in subparagraph (a)5. 13 (b) In developing and implementing the total maximum 14 daily load for a water body, the department, or the department 15 in conjunction with a water management district, may develop a 16 watershed or basin management plan that addresses some or all 17 of the watersheds and basins tributary to the water body. 18 These plans will serve to fully integrate the management 19 strategies available to the state for the purpose of 20 implementing the total maximum daily loads and achieving water 21 quality restoration. The watershed or basin management 22 planning process is intended to involve the broadest possible 23 range of interested parties, with the objective of encouraging 24 the greatest amount of cooperation and consensus possible. The 25 department or water management district shall hold at least 26 one public meeting in the vicinity of the watershed or basin 27 to discuss and receive comments during the planning process 28 and shall otherwise encourage public participation to the 29 greatest practical extent. Notice of the public meeting shall 30 be published in a newspaper of general circulation in each 31 county in which the watershed or basin lies not less than 5 11 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 days nor more than 15 days before the public meeting. A 2 watershed or basin management plan shall not supplant or 3 otherwise alter any assessment made under s. 403.086(3) and 4 (4), or any calculation or allocation made under s. 5 403.086(6). 6 (c) Best management practices.-- 7 1. The department, in cooperation with the water 8 management districts and other interested parties, as 9 appropriate, may develop suitable interim measures, best 10 management practices, or other measures necessary to achieve 11 the level of pollution reduction established by the department 12 for nonagricultural nonpoint pollutant sources in allocations 13 developed pursuant to this subsection and subsection (6) 14 paragraph (6)(b). These practices and measures may be adopted 15 by rule by the department and the water management districts 16 pursuant to ss. 120.536(1) and 120.54, and, where adopted by 17 rule, shall may be implemented by those parties responsible 18 for nonagricultural nonpoint source pollution pollutant 19 sources and the department and the water management districts 20 shall assist with implementation. Where interim measures, best 21 management practices, or other measures are adopted by rule, 22 the effectiveness of such practices in achieving the levels of 23 pollution reduction established in allocations developed by 24 the department pursuant to paragraph (6)(b) shall be verified 25 by the department. Implementation, in accordance with 26 applicable rules, of practices that have been verified by the 27 department to be effective at representative sites shall 28 provide a presumption of compliance with state water quality 29 standards and release from the provisions of s. 376.307(5) for 30 those pollutants addressed by the practices, and the 31 department is not authorized to institute proceedings against 12 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 the owner of the source of pollution to recover costs or 2 damages associated with the contamination of surface or ground 3 water caused by those pollutants. Such rules shall also 4 incorporate provisions for a notice of intent to implement the 5 practices and a system to assure the implementation of the 6 practices, including recordkeeping requirements. Where water 7 quality problems are detected despite the appropriate 8 implementation, operation, and maintenance of best management 9 practices and other measures according to rules adopted under 10 this paragraph, the department or the water management 11 districts shall institute a reevaluation of the best 12 management practice or other measures. 13 2.(d)1. The Department of Agriculture and Consumer 14 Services may develop and adopt by rule pursuant to ss. 15 120.536(1) and 120.54 suitable interim measures, best 16 management practices, or other measures necessary to achieve 17 the level of pollution reduction established by the department 18 for agricultural pollutant sources in allocations developed 19 pursuant to this subsection and subsection (6) paragraph 20 (6)(b). These practices and measures may be implemented by 21 those parties responsible for agricultural pollutant sources 22 and the department, the water management districts, and the 23 Department of Agriculture and Consumer Services shall assist 24 with implementation. Where interim measures, best management 25 practices, or other measures are adopted by rule, the 26 effectiveness of such practices in achieving the levels of 27 pollution reduction established in allocations developed by 28 the department pursuant to paragraph (6)(b) shall be verified 29 by the department. Implementation, in accordance with 30 applicable rules, of practices that have been verified by the 31 department to be effective at representative sites shall 13 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 provide a presumption of compliance with state water quality 2 standards and release from the provisions of s. 376.307(5) for 3 those pollutants addressed by the practices, and the 4 department is not authorized to institute proceedings against 5 the owner of the source of pollution to recover costs or 6 damages associated with the contamination of surface or ground 7 water caused by those pollutants. In the process of developing 8 and adopting rules for interim measures, best management 9 practices, or other measures, the Department of Agriculture 10 and Consumer Services shall consult with the department, the 11 Department of Health, the water management districts, 12 representatives from affected farming groups, and 13 environmental group representatives. Such rules shall also 14 incorporate provisions for a notice of intent to implement the 15 practices and a system to assure the implementation of the 16 practices, including recordkeeping requirements. Where water 17 quality problems are detected despite the appropriate 18 implementation, operation, and maintenance of best management 19 practices and other measures according to rules adopted under 20 this paragraph, the Department of Agriculture and Consumer 21 Services shall institute a reevaluation of the best management 22 practice or other measure. 23 3. Where interim measures, best management practices, 24 or other measures are adopted by rule, the effectiveness of 25 such practices in achieving the levels of pollution reduction 26 established in allocations developed by the department 27 pursuant to this subsection and subsection (6) shall be 28 verified at representative sites by the department. The 29 department shall use best professional judgment in making the 30 initial verification that the best management practices are 31 effective and, where applicable, shall notify the appropriate 14 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 water management district or the Department of Agriculture and 2 Consumer Services of its initial verification prior to the 3 adoption of a rule proposed pursuant to this paragraph. 4 Implementation, in accordance with rules adopted under this 5 paragraph, of practices that have been initially verified to 6 be effective, or verified to be effective by monitoring at 7 representative sites, by the department shall provide a 8 presumption of compliance with state water quality standards 9 and release from the provisions of s. 376.307(5) for those 10 pollutants addressed by the practices, and the department is 11 not authorized to institute proceedings against the owner of 12 the source of pollution to recover costs or damages associated 13 with the contamination of surface or ground water caused by 14 those pollutants. 15 4. Where water quality problems are demonstrated 16 during the development or amendment of a basin management 17 action plan, despite the appropriate implementation, 18 operation, and maintenance of best management practices and 19 other measures according to rules adopted under this 20 paragraph, the department, or a water management district or 21 the Department of Agriculture and Consumer Services in 22 consultation with the department, shall institute a 23 reevaluation of the best management practice or other measure. 24 Should the reevaluation determine that the best management 25 practice or other measure requires modification, the 26 department, a water management district, or the Department of 27 Agriculture and Consumer Services, as appropriate, shall 28 revise the rule to require implementation of the modified 29 practice within a reasonable time period as specified in the 30 rule. 31 5.2. Individual agricultural records relating to 15 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 processes or methods of production, or relating to costs of 2 production, profits, or other financial information which are 3 otherwise not public records, which are reported to the 4 Department of Agriculture and Consumer Services pursuant to 5 subparagraphs 3. and 4. this paragraph or pursuant to any rule 6 adopted pursuant to subparagraph 2. this paragraph shall be 7 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 8 of the State Constitution. Upon request of the department or 9 any water management district, the Department of Agriculture 10 and Consumer Services shall make such individual agricultural 11 records available to that agency, provided that the 12 confidentiality specified by this subparagraph for such 13 records is maintained. This subparagraph is subject to the 14 Open Government Sunset Review Act of 1995 in accordance with 15 s. 119.15, and shall stand repealed on October 2, 2006, unless 16 reviewed and saved from repeal through reenactment by the 17 Legislature. 18 6.(e) The provisions of subparagraphs 1. and 2. 19 paragraphs (c) and (d) shall not preclude the department or 20 water management district from requiring compliance with water 21 quality standards or with current best management practice 22 requirements set forth in any applicable regulatory program 23 authorized by law for the purpose of protecting water quality. 24 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d) 25 are applicable only to the extent that they do not conflict 26 with any rules adopted promulgated by the department that are 27 necessary to maintain a federally delegated or approved 28 program. 29 (8) RULES.--The department is authorized to adopt 30 rules pursuant to ss. 120.536(1) and 120.54 for: 31 (a) Delisting water bodies or water body segments from 16 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 the list developed under subsection (4) pursuant to the 2 guidance under subsection (5).; 3 (b) Administration of funds to implement the total 4 maximum daily load and basin management action planning 5 program.; 6 (c) Procedures for pollutant trading among the 7 pollutant sources to a water body or water body segment, 8 including a mechanism for the issuance and tracking of 9 pollutant credits. Such procedures may be implemented through 10 permits or other authorizations and must be legally binding. 11 Prior to adopting rules for pollutant trading under this 12 paragraph, and no later than November 30, 2006, the Department 13 of Environmental Protection shall submit to the Governor, the 14 President of the Senate, and the Speaker of the House of 15 Representatives a report containing recommendations on such 16 rules, including the proposed basis for equitable economically 17 based agreements and the tracking and accounting of pollution 18 credits or other similar mechanisms. Such recommendations 19 shall be developed in cooperation with a technical advisory 20 committee that includes representatives of environmental 21 organizations, industry, local government, homebuilders, water 22 management districts, agriculture, stormwater utilities, and 23 municipal utilities. No rule implementing a pollutant trading 24 program shall become effective prior to review and 25 ratification by the Legislature; and 26 (d) The total maximum daily load calculation in 27 accordance with paragraph (6)(a) immediately upon the 28 effective date of this act, for those eight water segments 29 within Lake Okeechobee proper as submitted to the United 30 States Environmental Protection Agency pursuant to subsection 31 (2). 17 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 (e) Any other purpose specifically provided for in 2 this section. 3 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- 4 (a) The department shall not implement, without prior 5 legislative approval, any additional regulatory authority 6 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part 7 130, if such implementation would result in water quality 8 discharge regulation of activities not currently subject to 9 regulation. 10 (b) Interim measures, best management practices, or 11 other measures may be developed and voluntarily implemented 12 pursuant to subparagraph (7)(c)1. or subparagraph (7)(c)2. 13 paragraph (7)(c) or paragraph (7)(d) for any water body or 14 segment for which a total maximum daily load or allocation has 15 not been established. The implementation of such pollution 16 control programs may be considered by the department in the 17 determination made pursuant to subsection (4). 18 Section 5. Paragraph (c) of subsection (3) of section 19 373.4595, Florida Statutes, is amended to read: 20 373.4595 Lake Okeechobee Protection Program.-- 21 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection 22 program for Lake Okeechobee that achieves phosphorus load 23 reductions for Lake Okeechobee shall be immediately 24 implemented as specified in this subsection. The program shall 25 address the reduction of phosphorus loading to the lake from 26 both internal and external sources. Phosphorus load reductions 27 shall be achieved through a phased program of implementation. 28 Initial implementation actions shall be technology-based, 29 based upon a consideration of both the availability of 30 appropriate technology and the cost of such technology, and 31 shall include phosphorus reduction measures at both the source 18 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 and the regional level. The initial phase of phosphorus load 2 reductions shall be based upon the district's Technical 3 Publication 81-2 and the district's WOD program, with 4 subsequent phases of phosphorus load reductions based upon the 5 total maximum daily loads established in accordance with s. 6 403.067. In the development and administration of the Lake 7 Okeechobee Protection Program, the coordinating agencies shall 8 maximize opportunities provided by federal cost-sharing 9 programs and opportunities for partnerships with the private 10 sector. 11 (c) Lake Okeechobee Watershed Phosphorus Control 12 Program.--The Lake Okeechobee Watershed Phosphorus Control 13 Program is designed to be a multifaceted approach to reducing 14 phosphorus loads by improving the management of phosphorus 15 sources within the Lake Okeechobee watershed through continued 16 implementation of existing regulations and best management 17 practices, development and implementation of improved best 18 management practices, improvement and restoration of the 19 hydrologic function of natural and managed systems, and 20 utilization of alternative technologies for nutrient 21 reduction. The coordinating agencies shall facilitate the 22 application of federal programs that offer opportunities for 23 water quality treatment, including preservation, restoration, 24 or creation of wetlands on agricultural lands. 25 1. Agricultural nonpoint source best management 26 practices, developed in accordance with s. 403.067 and 27 designed to achieve the objectives of the Lake Okeechobee 28 Protection Program, shall be implemented on an expedited 29 basis. By March 1, 2001, the coordinating agencies shall 30 develop an interagency agreement pursuant to ss. 373.046 and 31 373.406(5) that assures the development of best management 19 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 practices that complement existing regulatory programs and 2 specifies how those best management practices are implemented 3 and verified. The interagency agreement shall address measures 4 to be taken by the coordinating agencies during any best 5 management practice reevaluation performed pursuant to 6 sub-subparagraph d. The department shall use best professional 7 judgment in making the initial determination of best 8 management practice effectiveness. 9 a. As provided in s. 403.067(7)(c)(d), by October 1, 10 2000, the Department of Agriculture and Consumer Services, in 11 consultation with the department, the district, and affected 12 parties, shall initiate rule development for interim measures, 13 best management practices, conservation plans, nutrient 14 management plans, or other measures necessary for Lake 15 Okeechobee phosphorus load reduction. The rule shall include 16 thresholds for requiring conservation and nutrient management 17 plans and criteria for the contents of such plans. Development 18 of agricultural nonpoint source best management practices 19 shall initially focus on those priority basins listed in 20 subparagraph (b)1. The Department of Agriculture and Consumer 21 Services, in consultation with the department, the district, 22 and affected parties, shall conduct an ongoing program for 23 improvement of existing and development of new interim 24 measures or best management practices for the purpose of 25 adoption of such practices by rule. 26 b. Where agricultural nonpoint source best management 27 practices or interim measures have been adopted by rule of the 28 Department of Agriculture and Consumer Services, the owner or 29 operator of an agricultural nonpoint source addressed by such 30 rule shall either implement interim measures or best 31 management practices or demonstrate compliance with the 20 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 district's WOD program by conducting monitoring prescribed by 2 the department or the district. Owners or operators of 3 agricultural nonpoint sources who implement interim measures 4 or best management practices adopted by rule of the Department 5 of Agriculture and Consumer Services shall be subject to the 6 provisions of s. 403.067(7). The Department of Agriculture and 7 Consumer Services, in cooperation with the department and the 8 district, shall provide technical and financial assistance for 9 implementation of agricultural best management practices, 10 subject to the availability of funds. 11 c. The district or department shall conduct monitoring 12 at representative sites to verify the effectiveness of 13 agricultural nonpoint source best management practices. 14 d. Where water quality problems are detected for 15 agricultural nonpoint sources despite the appropriate 16 implementation of adopted best management practices, the 17 Department of Agriculture and Consumer Services, in 18 consultation with the other coordinating agencies and affected 19 parties, shall institute a reevaluation of the best management 20 practices and make appropriate changes to the rule adopting 21 best management practices. 22 2. Nonagricultural nonpoint source best management 23 practices, developed in accordance with s. 403.067 and 24 designed to achieve the objectives of the Lake Okeechobee 25 Protection Program, shall be implemented on an expedited 26 basis. By March 1, 2001, the department and the district shall 27 develop an interagency agreement pursuant to ss. 373.046 and 28 373.406(5) that assures the development of best management 29 practices that complement existing regulatory programs and 30 specifies how those best management practices are implemented 31 and verified. The interagency agreement shall address measures 21 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 to be taken by the department and the district during any best 2 management practice reevaluation performed pursuant to 3 sub-subparagraph d. 4 a. The department and the district are directed to 5 work with the University of Florida's Institute of Food and 6 Agricultural Sciences to develop appropriate nutrient 7 application rates for all nonagricultural soil amendments in 8 the watershed. As provided in s. 403.067(7)(c), by January 1, 9 2001, the department, in consultation with the district and 10 affected parties, shall develop interim measures, best 11 management practices, or other measures necessary for Lake 12 Okeechobee phosphorus load reduction. Development of 13 nonagricultural nonpoint source best management practices 14 shall initially focus on those priority basins listed in 15 subparagraph (b)1. The department, the district, and affected 16 parties shall conduct an ongoing program for improvement of 17 existing and development of new interim measures or best 18 management practices. The district shall adopt 19 technology-based standards under the district's WOD program 20 for nonagricultural nonpoint sources of phosphorus. 21 b. Where nonagricultural nonpoint source best 22 management practices or interim measures have been developed 23 by the department and adopted by the district, the owner or 24 operator of a nonagricultural nonpoint source shall implement 25 interim measures or best management practices and be subject 26 to the provisions of s. 403.067(7). The department and 27 district shall provide technical and financial assistance for 28 implementation of nonagricultural nonpoint source best 29 management practices, subject to the availability of funds. 30 c. The district or the department shall conduct 31 monitoring at representative sites to verify the effectiveness 22 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 of nonagricultural nonpoint source best management practices. 2 d. Where water quality problems are detected for 3 nonagricultural nonpoint sources despite the appropriate 4 implementation of adopted best management practices, the 5 department and the district shall institute a reevaluation of 6 the best management practices. 7 3. The provisions of subparagraphs 1. and 2. shall not 8 preclude the department or the district from requiring 9 compliance with water quality standards or with current best 10 management practices requirements set forth in any applicable 11 regulatory program authorized by law for the purpose of 12 protecting water quality. Additionally, subparagraphs 1. and 13 2. are applicable only to the extent that they do not conflict 14 with any rules promulgated by the department that are 15 necessary to maintain a federally delegated or approved 16 program. 17 4. Projects which reduce the phosphorus load 18 originating from domestic wastewater systems within the Lake 19 Okeechobee watershed shall be given funding priority in the 20 department's revolving loan program under s. 403.1835. The 21 department shall coordinate and provide assistance to those 22 local governments seeking financial assistance for such 23 priority projects. 24 5. Projects that make use of private lands, or lands 25 held in trust for Indian tribes, to reduce nutrient loadings 26 or concentrations within a basin by one or more of the 27 following methods: restoring the natural hydrology of the 28 basin, restoring wildlife habitat or impacted wetlands, 29 reducing peak flows after storm events, increasing aquifer 30 recharge, or protecting range and timberland from conversion 31 to development, are eligible for grants available under this 23 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 section from the coordinating agencies. For projects of 2 otherwise equal priority, special funding priority will be 3 given to those projects that make best use of the methods 4 outlined above that involve public-private partnerships or 5 that obtain federal match money. Preference ranking above the 6 special funding priority will be given to projects located in 7 a rural area of critical economic concern designated by the 8 Governor. Grant applications may be submitted by any person or 9 tribal entity, and eligible projects may include, but are not 10 limited to, the purchase of conservation and flowage 11 easements, hydrologic restoration of wetlands, creating 12 treatment wetlands, development of a management plan for 13 natural resources, and financial support to implement a 14 management plan. 15 6.a. The department shall require all entities 16 disposing of domestic wastewater residuals within the Lake 17 Okeechobee watershed and the remaining areas of Okeechobee, 18 Glades, and Hendry Counties to develop and submit to the 19 department an agricultural use plan that limits applications 20 based upon phosphorus loading. By July 1, 2005, phosphorus 21 concentrations originating from these application sites shall 22 not exceed the limits established in the district's WOD 23 program. 24 b. Private and government-owned utilities within 25 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 26 River, Okeechobee, Highlands, Hendry, and Glades Counties that 27 dispose of wastewater residual sludge from utility operations 28 and septic removal by land spreading in the Lake Okeechobee 29 watershed may use a line item on local sewer rates to cover 30 wastewater residual treatment and disposal if such disposal 31 and treatment is done by approved alternative treatment 24 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 methodology at a facility located within the areas designated 2 by the Governor as rural areas of critical economic concern 3 pursuant to s. 288.0656. This additional line item is an 4 environmental protection disposal fee above the present sewer 5 rate and shall not be considered a part of the present sewer 6 rate to customers, notwithstanding provisions to the contrary 7 in chapter 367. The fee shall be established by the county 8 commission or its designated assignee in the county in which 9 the alternative method treatment facility is located. The fee 10 shall be calculated to be no higher than that necessary to 11 recover the facility's prudent cost of providing the service. 12 Upon request by an affected county commission, the Florida 13 Public Service Commission will provide assistance in 14 establishing the fee. Further, for utilities and utility 15 authorities that use the additional line item environmental 16 protection disposal fee, such fee shall not be considered a 17 rate increase under the rules of the Public Service Commission 18 and shall be exempt from such rules. Utilities using the 19 provisions of this section may immediately include in their 20 sewer invoicing the new environmental protection disposal fee. 21 Proceeds from this environmental protection disposal fee shall 22 be used for treatment and disposal of wastewater residuals, 23 including any treatment technology that helps reduce the 24 volume of residuals that require final disposal, but such 25 proceeds shall not be used for transportation or shipment 26 costs for disposal or any costs relating to the land 27 application of residuals in the Lake Okeechobee watershed. 28 c. No less frequently than once every 3 years, the 29 Florida Public Service Commission or the county commission 30 through the services of an independent auditor shall perform a 31 financial audit of all facilities receiving compensation from 25 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 an environmental protection disposal fee. The Florida Public 2 Service Commission or the county commission through the 3 services of an independent auditor shall also perform an audit 4 of the methodology used in establishing the environmental 5 protection disposal fee. The Florida Public Service Commission 6 or the county commission shall, within 120 days after 7 completion of an audit, file the audit report with the 8 President of the Senate and the Speaker of the House of 9 Representatives and shall provide copies to the county 10 commissions of the counties set forth in sub-subparagraph b. 11 The books and records of any facilities receiving compensation 12 from an environmental protection disposal fee shall be open to 13 the Florida Public Service Commission and the Auditor General 14 for review upon request. 15 7. The Department of Health shall require all entities 16 disposing of septage within the Lake Okeechobee watershed and 17 the remaining areas of Okeechobee, Glades, and Hendry Counties 18 to develop and submit to that agency, by July 1, 2003, an 19 agricultural use plan that limits applications based upon 20 phosphorus loading. By July 1, 2005, phosphorus concentrations 21 originating from these application sites shall not exceed the 22 limits established in the district's WOD program. 23 8. The Department of Agriculture and Consumer Services 24 shall initiate rulemaking requiring entities within the Lake 25 Okeechobee watershed and the remaining areas of Okeechobee, 26 Glades, and Hendry Counties which land-apply animal manure to 27 develop conservation or nutrient management plans that limit 28 application, based upon phosphorus loading. Such rules may 29 include criteria and thresholds for the requirement to develop 30 a conservation or nutrient management plan, requirements for 31 plan approval, and recordkeeping requirements. 26 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 9. Prior to authorizing a discharge into works of the 2 district, the district shall require responsible parties to 3 demonstrate that proposed changes in land use will not result 4 in increased phosphorus loading over that of existing land 5 uses. 6 10. The district, the department, or the Department of 7 Agriculture and Consumer Services, as appropriate, shall 8 implement those alternative nutrient reduction technologies 9 determined to be feasible pursuant to subparagraph (d)6. 10 Section 6. Subsection (1) of section 570.085, Florida 11 Statutes, is amended to read: 12 570.085 Department of Agriculture and Consumer 13 Services; agricultural water conservation.--The department 14 shall establish an agricultural water conservation program 15 that includes the following: 16 (1) A cost-share program, coordinated where 17 appropriate with the United States Department of Agriculture 18 and other federal, state, regional, and local agencies, for 19 irrigation system retrofit and application of mobile 20 irrigation laboratory evaluations for water conservation as 21 provided in this section and, where applicable, for water 22 quality improvement pursuant to s. 403.067(7)(c)(d). 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 1, line 20, following the semicolon 30 31 insert: 27 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 amending s. 403.067, F.S.; providing for the 2 attainment of pollutant reductions for 3 achievement of certain water quality standards 4 in impaired waters; revising provisions for the 5 allocation of allowable pollutant loads; 6 authorizing the Department of Environmental 7 Protection to adopt phased total maximum daily 8 loads under certain conditions; providing for 9 the development and implementation of basin 10 management action plans in developing and 11 implementing total maximum daily loads; 12 revising provisions for the implementation of 13 and compliance with total maximum daily loads; 14 authorizing the department to adopt basin 15 management action plans by order; revising 16 provisions relating to verification by the 17 department of best management practices whose 18 implementation creates a presumption of 19 compliance with certain water quality standards 20 and a release of liability to the state for 21 pollution remediation; revising provisions 22 relating to reevaluation of best management 23 practices when water quality problems occur; 24 removing a provision specifying that provisions 25 relating to the department's verification or 26 reevaluation of best management practices do 27 not preclude authority of the department or the 28 water management districts to require 29 compliance with water quality standards or 30 other specified requirements; authorizing 31 rulemaking by the department to administer 28 1:15 PM 05/04/05 s2510c1c-17-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2510 Barcode 154348 1 funds to implement the basin management action 2 planning program and for other purposes in the 3 section; requiring the department to submit a 4 report to the Governor, the President of the 5 Senate, and the Speaker of the House of 6 Representatives prior to adopting rules for 7 pollutant trading; amending ss. 373.4595 and 8 570.085, F.S.; correcting cross-references; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 29 1:15 PM 05/04/05 s2510c1c-17-t01