Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 444
Barcode 235826
CHAMBER ACTION
Senate House
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11 The Committee on Ways and Means (Pruitt) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 51, line 29 through page 68 line 17, delete
16 those lines
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18 and insert:
19 Section 15. Paragraph (d) of subsection (2), and
20 subsections (6), (7), (8), and (11) of section 403.067,
21 Florida Statutes, are amended to read:
22 403.067 Establishment and implementation of total
23 maximum daily loads.--
24 (2) LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
25 with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
26 U.S.C. ss. 1251 et seq., the department must submit
27 periodically to the United States Environmental Protection
28 Agency a list of surface waters or segments for which total
29 maximum daily load assessments will be conducted. The
30 assessments shall evaluate the water quality conditions of the
31 listed waters and, if such waters are determined not to meet
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 water quality standards, total maximum daily loads shall be
2 established, subject to the provisions of subsection (4). The
3 department shall establish a priority ranking and schedule for
4 analyzing such waters.
5 (d) If the department proposes to implement total
6 maximum daily load calculations or allocations established
7 prior to the effective date of this act, the department shall
8 adopt those calculations and allocations by rule by the
9 secretary pursuant to ss. 120.536(1) and 120.54 and paragraph
10 (6)(c) (d).
11 (6) CALCULATION AND ALLOCATION.--
12 (a) Calculation of total maximum daily load.
13 1. Prior to developing a total maximum daily load
14 calculation for each water body or water body segment on the
15 list specified in subsection (4), the department shall
16 coordinate with applicable local governments, water management
17 districts, the Department of Agriculture and Consumer
18 Services, other appropriate state agencies, local soil and
19 water conservation districts, environmental groups, regulated
20 interests, and affected pollution sources to determine the
21 information required, accepted methods of data collection and
22 analysis, and quality control/quality assurance requirements.
23 The analysis may include mathematical water quality modeling
24 using approved procedures and methods.
25 2. The department shall develop total maximum daily
26 load calculations for each water body or water body segment on
27 the list described in subsection (4) according to the priority
28 ranking and schedule unless the impairment of such waters is
29 due solely to activities other than point and nonpoint sources
30 of pollution. For waters determined to be impaired due solely
31 to factors other than point and nonpoint sources of pollution,
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 no total maximum daily load will be required. A total maximum
2 daily load may be required for those waters that are impaired
3 predominantly due to activities other than point and nonpoint
4 sources. The total maximum daily load calculation shall
5 establish the amount of a pollutant that a water body or water
6 body segment may receive from all sources without exceeding
7 water quality standards, and shall account for seasonal
8 variations and include a margin of safety that takes into
9 account any lack of knowledge concerning the relationship
10 between effluent limitations and water quality. The total
11 maximum daily load may be based on a pollutant load reduction
12 goal developed by a water management district, provided that
13 such pollutant load reduction goal is promulgated by the
14 department in accordance with the procedural and substantive
15 requirements of this subsection.
16 (b) Allocation of total maximum daily loads. The total
17 maximum daily loads shall include establishment of reasonable
18 and equitable allocations of the total maximum daily load
19 between or among point and nonpoint sources that will alone,
20 or in conjunction with other management and restoration
21 activities, provide for the attainment of the pollutant
22 reductions established pursuant to paragraph (a) to achieve
23 water quality standards for the pollutant causing impairment
24 water quality standards and the restoration of impaired
25 waters. The allocations may establish the maximum amount of
26 the water pollutant from a given source or category of sources
27 that may be discharged or released into the water body or
28 water body segment in combination with other discharges or
29 releases. Allocations may also be made to individual basins
30 and sources or as a whole to all basins and sources or
31 categories of sources of inflow to the water body or water
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1 body segments. An initial allocation of allowable pollutant
2 loads among point and nonpoint sources may be developed as
3 part of the total maximum daily load. However, in such cases,
4 the detailed allocation to specific point sources and specific
5 categories of nonpoint sources shall be established in the
6 basin management action plan pursuant to subsection (7). The
7 initial and detailed allocations shall be designed to attain
8 the pollutant reductions established pursuant to paragraph (a)
9 water quality standards and shall be based on consideration of
10 the following:
11 1. Existing treatment levels and management practices;
12 2. Best management practices established and
13 implemented pursuant to paragraph (7)(c);
14 3. Enforceable treatment levels established pursuant
15 to state or local law or permit;
16 4.2. Differing impacts pollutant sources and forms of
17 pollutant may have on water quality;
18 5.3. The availability of treatment technologies,
19 management practices, or other pollutant reduction measures;
20 6.4. Environmental, economic, and technological
21 feasibility of achieving the allocation;
22 7.5. The cost benefit associated with achieving the
23 allocation;
24 8.6. Reasonable timeframes for implementation;
25 9.7. Potential applicability of any moderating
26 provisions such as variances, exemptions, and mixing zones;
27 and
28 10.8. The extent to which nonattainment of water
29 quality standards is caused by pollution sources outside of
30 Florida, discharges that have ceased, or alterations to water
31 bodies prior to the date of this act.
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1 (c) Not later than February 1, 2001, the department
2 shall submit a report to the Governor, the President of the
3 Senate, and the Speaker of the House of Representatives
4 containing recommendations, including draft legislation, for
5 any modifications to the process for allocating total maximum
6 daily loads, including the relationship between allocations
7 and the watershed or basin management planning process. Such
8 recommendations shall be developed by the department in
9 cooperation with a technical advisory committee which includes
10 representatives of affected parties, environmental
11 organizations, water management districts, and other
12 appropriate local, state, and federal government agencies. The
13 technical advisory committee shall also include such members
14 as may be designated by the President of the Senate and the
15 Speaker of the House of Representatives.
16 (c)(d) Adoption of rules. The total maximum daily load
17 calculations and allocations established under this subsection
18 for each water body or water body segment shall be adopted by
19 rule by the secretary pursuant to ss. 120.536(1), 120.54, and
20 403.805. Where additional data collection and analysis are
21 needed to increase the scientific precision and accuracy of
22 the total maximum daily load, the department is authorized to
23 adopt phased total maximum daily loads that are subject to
24 change as additional data becomes available. Where phased
25 total maximum daily loads are proposed, the department shall,
26 in the detailed statement of facts and circumstances
27 justifying the rule, explain why the data are inadequate so as
28 to justify a phased total maximum daily load. The rules
29 adopted pursuant to this paragraph shall not be subject to
30 approval by the Environmental Regulation Commission. As part
31 of the rule development process, the department shall hold at
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1 least one public workshop in the vicinity of the water body or
2 water body segment for which the total maximum daily load is
3 being developed. Notice of the public workshop shall be
4 published not less than 5 days nor more than 15 days before
5 the public workshop in a newspaper of general circulation in
6 the county or counties containing the water bodies or water
7 body segments for which the total maximum daily load
8 calculation and allocation are being developed.
9 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
10 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
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 loads
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 for implementing the plan's
26 management strategies. The management strategies may include
27 regional treatment systems or other public works, where
28 appropriate, to achieve the needed pollutant load reductions.
29 2. A basin management action plan shall equitably
30 allocate, pursuant to paragraph (6)(b), pollutant reductions
31 to 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 credits to 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 shall also
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 assure 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 practicable
27 extent. Notice of the public meeting shall be published in a
28 newspaper of general circulation in each county in which the
29 watershed or basin lies not less than 5 days nor more than 15
30 days before the public meeting. A basin management action plan
31 shall not supplant or otherwise alter any assessment made
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1 under subsection (3) or subsection (4) or any calculation or
2 initial allocation.
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 the provisions of this section.
6 5. The basin management action plan shall 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
18 shall be adopted pursuant to subparagraph 4.
19 (b)(a) Total maximum daily load implementation.--
20 1. 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,
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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 has been developed,
17 including effluent limits set forth for a discharger subject
18 to NPDES permitting, if any, shall be included in a timely
19 manner in subsequent NPDES permits or permit modifications for
20 that discharger. The department shall not impose limits or
21 conditions implementing an adopted total maximum daily load in
22 an 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. Absent a detailed allocation, total maximum daily
26 loads shall be implemented through NPDES permit conditions
27 that afford a compliance schedule. In such instances, a
28 facility's NPDES permit shall allow time for the issuance of
29 an order adopting the basin management action plan. The time
30 allowed for the issuance of an order adopting the plan shall
31 not exceed five years. Upon issuance of an order adopting the
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1 plan, the permit shall be reopened, as necessary, and permit
2 conditions consistent with the plan shall be established.
3 Nothwithstanding the other provisions of this subparagraph,
4 upon request by a NPDES permittee, the department as part of a
5 permit issuance, renewal or modification may establish
6 individual allocations prior to the adoption of a basin
7 management action plan.
8 b. For holders of NPDES municipal separate storm sewer
9 system permits and other stormwater sources, implementation of
10 a total maximum daily load or basin management action plan
11 shall be achieved, to the maximum extent practicable, through
12 the use of best management practices or other management
13 measures.
14 c. The basin management action plan does not relieve
15 the discharger from any requirement to obtain, renew, or
16 modify an NPDES permit or to abide by other requirements of
17 the permit.
18 d. Management strategies set forth in a basin
19 management action plan to be implemented by a discharger
20 subject to permitting by the department shall be completed
21 pursuant to the schedule set forth in the basin management
22 action plan. This implementation schedule may extend beyond
23 the 5-year term of an NPDES permit.
24 e. Management strategies and pollution reduction
25 requirements set forth in a basin management action plan for a
26 specific pollutant of concern shall not be subject to
27 challenge under chapter 120 at the time they are incorporated,
28 in an identical form, into a subsequent NPDES permit or permit
29 modification.
30 f. For nonagricultural pollutant sources not subject
31 to NPDES permitting but permitted pursuant to other state,
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1 regional, or local water quality programs, the pollutant
2 reduction actions adopted in a basin management action plan
3 shall be implemented to the maximum extent practicable as part
4 of those permitting programs.
5 g. A nonpoint source discharger included in a basin
6 management action plan shall demonstrate compliance with the
7 pollutant reductions established pursuant to subsection (6) by
8 either implementing the appropriate best management practices
9 established pursuant to paragraph (c) or conducting water
10 quality monitoring prescribed by the department or a water
11 management district.
12 h. A nonpoint source discharger included in a basin
13 management action plan may be subject to enforcement action by
14 the department or a water management district based upon a
15 failure to implement the responsibilities set forth in
16 sub-subparagraph g.
17 i. A landowner, discharger, or other responsible
18 person who is implementing applicable management strategies
19 specified in an adopted basin management action plan shall not
20 be required by permit, enforcement action, or otherwise to
21 implement additional management strategies to reduce pollutant
22 loads to attain the pollutant reductions established pursuant
23 to subsection (6) and shall be deemed to be in compliance with
24 this section. This subparagraph does not limit the authority
25 of the department to amend a basin management action plan as
26 specified in subparagraph (a)5.
27 (b) In developing and implementing the total maximum
28 daily load for a water body, the department, or the department
29 in conjunction with a water management district, may develop a
30 watershed or basin management plan that addresses some or all
31 of the watersheds and basins tributary to the water body.
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1 These plans will serve to fully integrate the management
2 strategies available to the state for the purpose of
3 implementing the total maximum daily loads and achieving water
4 quality restoration. The watershed or basin management
5 planning process is intended to involve the broadest possible
6 range of interested parties, with the objective of encouraging
7 the greatest amount of cooperation and consensus possible. The
8 department or water management district shall hold at least
9 one public meeting in the vicinity of the watershed or basin
10 to discuss and receive comments during the planning process
11 and shall otherwise encourage public participation to the
12 greatest practical extent. Notice of the public meeting shall
13 be published in a newspaper of general circulation in each
14 county in which the watershed or basin lies not less than 5
15 days nor more than 15 days before the public meeting. A
16 watershed or basin management plan shall not supplant or
17 otherwise alter any assessment made under s. 403.086(3) and
18 (4), or any calculation or allocation made under s.
19 403.086(6).
20 (c) Best management practices.--
21 1. The department, in cooperation with the water
22 management districts and other interested parties, as
23 appropriate, may develop suitable interim measures, best
24 management practices, or other measures necessary to achieve
25 the level of pollution reduction established by the department
26 for nonagricultural nonpoint pollutant sources in allocations
27 developed pursuant to subsection (6) and this subsection
28 paragraph (6)(b). These practices and measures may be adopted
29 by rule by the department and the water management districts
30 pursuant to ss. 120.536(1) and 120.54, and, where adopted by
31 rule, shall may be implemented by those parties responsible
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1 for nonagricultural nonpoint source pollution pollutant
2 sources and the department and the water management districts
3 shall assist with implementation. Where interim measures, best
4 management practices, or other measures are adopted by rule,
5 the effectiveness of such practices in achieving the levels of
6 pollution reduction established in allocations developed by
7 the department pursuant to paragraph (6)(b) shall be verified
8 by the department. Implementation, in accordance with
9 applicable rules, of practices that have been verified by the
10 department to be effective at representative sites shall
11 provide a presumption of compliance with state water quality
12 standards and release from the provisions of s. 376.307(5) for
13 those pollutants addressed by the practices, and the
14 department is not authorized to institute proceedings against
15 the owner of the source of pollution to recover costs or
16 damages associated with the contamination of surface or ground
17 water caused by those pollutants. Such rules shall also
18 incorporate provisions for a notice of intent to implement the
19 practices and a system to assure the implementation of the
20 practices, including recordkeeping requirements. Where water
21 quality problems are detected despite the appropriate
22 implementation, operation, and maintenance of best management
23 practices and other measures according to rules adopted under
24 this paragraph, the department or the water management
25 districts shall institute a reevaluation of the best
26 management practice or other measures.
27 2.(d)1. The Department of Agriculture and Consumer
28 Services may develop and adopt by rule pursuant to ss.
29 120.536(1) and 120.54 suitable interim measures, best
30 management practices, or other measures necessary to achieve
31 the level of pollution reduction established by the department
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1 for agricultural pollutant sources in allocations developed
2 pursuant to subsection (6) and this subsection paragraph
3 (6)(b). These practices and measures may be implemented by
4 those parties responsible for agricultural pollutant sources
5 and the department, the water management districts, and the
6 Department of Agriculture and Consumer Services shall assist
7 with implementation. Where interim measures, best management
8 practices, or other measures are adopted by rule, the
9 effectiveness of such practices in achieving the levels of
10 pollution reduction established in allocations developed by
11 the department pursuant to paragraph (6)(b) shall be verified
12 by the department. Implementation, in accordance with
13 applicable rules, of practices that have been verified by the
14 department to be effective at representative sites shall
15 provide a presumption of compliance with state water quality
16 standards and release from the provisions of s. 376.307(5) for
17 those pollutants addressed by the practices, and the
18 department is not authorized to institute proceedings against
19 the owner of the source of pollution to recover costs or
20 damages associated with the contamination of surface or ground
21 water caused by those pollutants. In the process of developing
22 and adopting rules for interim measures, best management
23 practices, or other measures, the Department of Agriculture
24 and Consumer Services shall consult with the department, the
25 Department of Health, the water management districts,
26 representatives from affected farming groups, and
27 environmental group representatives. Such rules shall also
28 incorporate provisions for a notice of intent to implement the
29 practices and a system to assure the implementation of the
30 practices, including recordkeeping requirements. Where water
31 quality problems are detected despite the appropriate
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1 implementation, operation, and maintenance of best management
2 practices and other measures according to rules adopted under
3 this paragraph, the Department of Agriculture and Consumer
4 Services shall institute a reevaluation of the best management
5 practice or other measure.
6 3. Where interim measures, best management practices,
7 or other measures are adopted by rule, the effectiveness of
8 such practices in achieving the levels of pollution reduction
9 established in allocations developed by the department
10 pursuant to subsection (6) and this subsection shall be
11 verified at representative sites by the department. The
12 department shall use best professional judgment in making the
13 initial verification that the best management practices are
14 effective and, where applicable, shall notify the appropriate
15 water management district and the Department of Agriculture
16 and Consumer Services of its initial verification prior to the
17 adoption of a rule proposed pursuant to this paragraph.
18 Implementation in accordance with rules adopted under this
19 paragraph, of practices that have been initially verified to
20 be effective, or verified to be effective by monitoring at
21 representative sites, by the department, shall provide a
22 presumption of compliance with state water quality standards
23 and release from the provisions of s. 376.307(5) for those
24 pollutants addressed by the practices, and the department is
25 not authorized to institute proceedings against the owner of
26 the source of pollution to recover costs or damages associated
27 with the contamination of surface water or groundwater caused
28 by those pollutants.
29 4. Where water quality problems are demonstrated,
30 despite the appropriate implementation, operation, and
31 maintenance of best management practices and other measures
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1 according to rules adopted under this paragraph, the
2 department, or a water management district, or the Department
3 of Agriculture and Consumer Services in consultation with the
4 department, shall institute a reevaluation of the best
5 management practice or other measure. Should the reevaluation
6 determine that the best management practice or other measure
7 requires modification, the department, a water management
8 district, or the Department of Agriculture and Consumer
9 Services, as appropriate, shall revise the rule to require
10 implementation of the modified practice within a reasonable
11 time period as specified in the rule.
12 5.2. Individual agricultural records relating to
13 processes or methods of production, or relating to costs of
14 production, profits, or other financial information which are
15 otherwise not public records, which are reported to the
16 Department of Agriculture and Consumer Services pursuant to
17 subparagraphs 3. and 4. this paragraph or pursuant to any rule
18 adopted pursuant to subparagraph 2. this paragraph shall be
19 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
20 of the State Constitution. Upon request of the department or
21 any water management district, the Department of Agriculture
22 and Consumer Services shall make such individual agricultural
23 records available to that agency, provided that the
24 confidentiality specified by this subparagraph for such
25 records is maintained. This subparagraph is subject to the
26 Open Government Sunset Review Act of 1995 in accordance with
27 s. 119.15, and shall stand repealed on October 2, 2006, unless
28 reviewed and saved from repeal through reenactment by the
29 Legislature.
30 6.(e) The provisions of subparagraphs 1. and 2.
31 paragraphs (c) and (d) shall not preclude the department or
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1 water management district from requiring compliance with water
2 quality standards or with current best management practice
3 requirements set forth in any applicable regulatory program
4 authorized by law for the purpose of protecting water quality.
5 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d)
6 are applicable only to the extent that they do not conflict
7 with any rules adopted promulgated by the department that are
8 necessary to maintain a federally delegated or approved
9 program.
10 (8) RULES.--The department is authorized to adopt
11 rules pursuant to ss. 120.536(1) and 120.54 for:
12 (a) Delisting water bodies or water body segments from
13 the list developed under subsection (4) pursuant to the
14 guidance under subsection (5);
15 (b) Administration of funds to implement the total
16 maximum daily load and basin management action planning
17 programs program;
18 (c) Procedures for pollutant trading among the
19 pollutant sources to a water body or water body segment,
20 including a mechanism for the issuance and tracking of
21 pollutant credits. Such procedures may be implemented through
22 permits or other authorizations and must be legally binding;
23
24 Prior to adopting rules for pollutant trading under this
25 paragraph, and no later than November 30, 2006, the Department
26 of Environmental Protection shall submit a report to the
27 Governor, the President of the Senate, and the Speaker of the
28 House of Representatives containing recommendations on such
29 rules, including the proposed basis for equitable economically
30 based agreements and the tracking and accounting of pollution
31 credits or other similar mechanisms. Such recommendations
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1 shall be developed in cooperation with a technical advisory
2 committee that includes experts in pollutant trading and
3 representatives of potentially affected parties. . No rule
4 implementing a pollutant trading program shall become
5 effective prior to review and ratification by the Legislature;
6 and
7 (d) The total maximum daily load calculation in
8 accordance with paragraph (6)(a) immediately upon the
9 effective date of this act, for those eight water segments
10 within Lake Okeechobee proper as submitted to the United
11 States Environmental Protection Agency pursuant to subsection
12 (2); and.
13 (e) Any other purpose specifically provided for in
14 this section.
15 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
16 (a) The department shall not implement, without prior
17 legislative approval, any additional regulatory authority
18 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part
19 130, if such implementation would result in water quality
20 discharge regulation of activities not currently subject to
21 regulation.
22 (b) Interim measures, best management practices, or
23 other measures may be developed and voluntarily implemented
24 pursuant to subparagraphs paragraph (7)(c) 1. or 2. or
25 paragraph (7)(d) for any water body or segment for which a
26 total maximum daily load or allocation has not been
27 established. The implementation of such pollution control
28 programs may be considered by the department in the
29 determination made pursuant to subsection (4).
30
31 (Redesignate subsequent sections.)
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 4, line 24, through page 8, line 2, delete
4 those lines
5
6 and insert:
7 individual basins or to each identified point
8 source or category of nonpoint sources;
9 authorizing that plans may provide pollutant
10 load reduction credits to dischargers that have
11 implemented strategies to reduce pollutant
12 loads prior to the development of the basin
13 management action plan; requiring that the plan
14 identify mechanisms by which potential future
15 sources of pollution will be addressed;
16 requiring that the department assure key
17 stakeholder participation in the basin
18 management action planning process; requiring
19 that the department hold at least one public
20 meeting to discuss and receive comments during
21 the planning process; providing notice
22 requirements; requiring that the department
23 adopt all or part of a basin management action
24 plan by secretarial order pursuant to ch. 120,
25 F.S.; requiring that basin management action
26 plans that alter that calculation or initial
27 allocation of a total maximum daily load, the
28 revised calculation, or initial allocation must
29 be adopted by rule; requiring periodic
30 evaluation of basin management action plans;
31 requiring that revisions to plans be made by
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 444
Barcode 235826
1 the department in cooperation with
2 stakeholders; providing for basin plan
3 revisions regarding nonpoint pollutant sources;
4 requiring that adopted basin management action
5 plans be included in subsequent NPDES permits
6 or permit modifications; providing that
7 implementation of a total maximum daily load or
8 basin management action plan for holders of an
9 NPDES municipal separate stormwater sewer
10 system permit may be achieved through the use
11 of best management practices; providing that
12 basin management action plans do not relieve a
13 discharger from the requirement to obtain,
14 renew, or modify an NPDES permit or to abide by
15 other requirements of the permit; requiring
16 that plan management strategies be completed
17 pursuant to the schedule set forth in the basin
18 management action plan and providing that the
19 implementation schedule may extend beyond the
20 term of an NPDES permit; providing that
21 management strategies and pollution reduction
22 requirements in a basin management action plan
23 for a specific pollutant of concern are not
24 subject to a challenge under ch. 120, F.S., at
25 the time they are incorporated, in identical
26 form, into a subsequent NPDES permit or permit
27 modification; requiring timely adoption and
28 implementation of pollutant reduction actions
29 for nonagricultural pollutant sources not
30 subject to NPDES permitting but regulated
31 pursuant to other state, regional, or local
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 444
Barcode 235826
1 regulatory programs; requiring timely
2 implementation of best management practices for
3 nonpoint pollutant source dischargers not
4 subject to permitting at the time a basin
5 management action plan is adopted; providing
6 for presumption of compliance under certain
7 circumstances; providing for enforcement action
8 by the department or a water management
9 district; requiring that a landowner,
10 discharger, or other responsible person that is
11 implementing management strategies specified in
12 an adopted basin management action plan will
13 not be required by permit, enforcement action,
14 or otherwise to implement additional management
15 strategies to reduce pollutant loads; providing
16 that the authority of the department to amend a
17 basin management plan is not limited; requiring
18 that the department verify at representative
19 sites the effectiveness of interim measures,
20 best management practices, and other measures
21 adopted by rule; requiring that the department
22 use its best professional judgment in making
23 initial verifications that best management
24 practices are not effective; requiring notice
25 to the appropriate water management district
26 and the Department of Agriculture and Consumer
27 Services under certain conditions; establishing
28 a presumption of compliance for implementation
29 of practices initially verified to be effective
30 or verified to be effective at representative
31 sites; limiting the institution of proceedings
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 444
Barcode 235826
1 by the department against the owner of a source
2 of pollution to recover costs or damages
3 associated with the contamination of surface
4 water or groundwater caused by those
5 pollutants; requiring the Department of
6 Agriculture and Consumer Services to institute
7 a reevaluation of best management practices or
8 other measures where water quality problems are
9 detected or predicted during the development or
10 amendment of a basin management action plan;
11 providing for rule revisions; providing the
12 department with rulemaking authority; requiring
13 that a report be submitted to the Governor, the
14 President of the Senate, and the Speaker of the
15 House of Representatives containing
16 recommendations on rules for pollutant trading
17 prior to the adoption of those rules; requiring
18 that recommendations be developed in
19 cooperation
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