CS/CS/HB 197

1	A bill to be entitled
2	An act relating to surface water protection programs;
3	amending s. 373.414, F.S.; providing for the regulation of
4	peat mines in certain wetlands; providing legislative
5	intent; providing definitions; providing specific rule
6	authority to the Department of Environmental Protection;
7	providing applicability of variance provisions for
8	activities in surface waters and wetlands in the Northwest
9	Florida Water Management District; amending s. 373.4142,
10	F.S.; providing an exemption for certain water quality
11	standards in the Northwest Florida Water Management
12	District; amending s. 373.459, F.S.; exempting the
13	Suwannee River Water Management District, the Northwest
14	Florida Water Management District, and specified local
15	governments from certain funding requirements for the
16	implementation of surface water improvement and management
17	projects; eliminating provisions subject to expiration for
18	the deposit, expenditure, release, and transfer of funds
19	relating to the Ecosystem Restoration and Management Trust
20	Fund and the Water Protection and Sustainability Trust
21	Fund; amending s. 373.4595, F.S.; authorizing the
22	Department of Environmental Protection and the South
23	Florida Water Management District to adopt basin-specific
24	criteria under the Lake Okeechobee Watershed Phosphorus
25	Control Program; eliminating certain requirements for the
26	authorization of discharges related to proposed changes in
27	land use; amending s. 378.403, F.S.; revising definitions
28	relating to the regulation of surface waters; defining the
29	term "peat"; amending s. 378.503, F.S.; conforming
30	provisions; amending s. 378.804, F.S.; revising the
31	exemption provided to certain mine operators from the
32	requirement to notify the secretary of the department when
33	beginning to mine certain substances; amending s. 403.067,
34	F.S.; providing for the trading of water quality credits
35	in the total maximum daily load program in areas that have
36	adopted a basin action plan; providing for rules and
37	specifying what the rules must address; amending s.
38	403.088, F.S.; providing for the revision of water
39	pollution operation permits; repealing s. 403.265, F.S.,
40	relating to the permitting of peat mining; providing an
41	effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Paragraph (e) is added to subsection (6) of
46	section 373.414, Florida Statutes, and subsection (17) of that
47	section is amended to read:
48	373.414  Additional criteria for activities in surface
49	waters and wetlands.--
50	(6)
51	(e)  The Legislature recognizes that the state's
52	horticultural industry contributes to the economic strength of
53	Florida and that high-quality peat is a limited resource that is
54	an important component of horticultural production. The
55	Legislature further recognizes that obtaining high-quality peat
56	typically and uniquely requires the mining of wetlands and other
57	surface waters and that the use of recycled and renewable
58	material to replace or reduce the use of natural peat is
59	necessary for the future of the horticultural industry.
60	1.  As used in this paragraph, the term:
61	a.  "High-quality peat" means peat from a freshwater
62	herbaceous wetland that grades H1 to H4 on the von Post
63	Humification Scale and has a pH less than 7.
64	b.  "Horticultural industry" means the industry that
65	cultivates plants, including, but not limited to, trees, shrubs,
66	flowers, annuals, perennials, tropical foliage, liners, ferns,
67	vines, bulbs, grafts, scions, or buds, but excludes turf grasses
68	grown or kept for or capable of propagation or distribution for
69	retail, wholesale, or rewholesale purposes.
70	2.  The department shall develop rules for permitting and
71	mitigation of peat mines in herbaceous or historically
72	herbaceous wetlands where high-quality peat is extracted
73	predominately for use in the horticultural industry provided:
74	a.  The permitting and mitigation rules shall be applicable
75	where no less than 80 percent of the extracted peat is high-
76	quality peat and 80 percent of the high-quality peat is used by
77	the horticultural industry in products that incorporate other
78	renewable or recycled materials to replace or reduce the use of
79	natural peat;
80	b.  No extraction is occurring in the underlying sand or
81	rock strata;
82	c.  No portion of the extraction or mitigation area is part
83	of an existing or proposed larger plan of development; and
84	d.  No portion of the mine is located in a body of water
85	designated as Outstanding Florida Waters.
86	3.  In adopting rules as directed in subparagraph 2.,
87	design modifications shall not be required to reduce or
88	eliminate adverse impacts to herbaceous wetlands that score
89	below a specific value, as provided by rule using the uniform
90	mitigation assessment method of evaluation, except to require
91	that the project meet water quality standards, not cause adverse
92	offsite flooding, not adversely impact significant historical
93	and archeological resources pursuant to s. 267.061, and not
94	cause adverse impacts to listed species or their habitats. In
95	assessing mitigation for mines that are not required to reduce
96	or eliminate adverse impacts, retaining a percentage of the
97	reclaimed wetland as open water shall be deemed appropriate
98	wetland mitigation. The rules must establish the amount of open
99	water allowable as mitigation based upon a consideration of the
100	type and amount of other wetland mitigation proposed, the value
101	of those wetlands as evaluated using the uniform mitigation
102	assessment method, and the amount of preservation of wetlands.
103	The amount of open water shall not exceed 60 percent of the
104	premining wetlands within the extracted area.
105	4.  Rule 62-345.600, Florida Administrative Code, shall not
106	be applied to mitigation for mines qualifying under this
107	paragraph.
108	5.  The department shall initiate rulemaking within 90 days
109	after July 1, 2007, and water management districts may implement
110	the proposed rules without adoption pursuant to s. 120.54.
111	(17)  The variance provisions of s. 403.201 are applicable
112	to the provisions of this section or any rule adopted pursuant
113	to this section hereto. The governing boards and the department
114	are authorized to review and take final agency action on
115	petitions requesting such variances for those activities they
116	regulate under this part and s. 373.4145.
117	Section 2.  Section 373.4142, Florida Statutes, is amended
118	to read:
119	373.4142  Water quality within stormwater treatment
120	systems.--State surface water quality standards applicable to
121	waters of the state, as defined in s. 403.031(13), shall not
122	apply within a stormwater management system which is designed,
123	constructed, operated, and maintained for stormwater treatment
124	in accordance with a valid permit or noticed exemption issued
125	pursuant to chapter 62-25 17-25, Florida Administrative Code; a
126	valid permit or exemption under s. 373.4145 within the Northwest
127	Florida Water Management District; a valid permit issued on or
128	subsequent to April 1, 1986, within the Suwannee River Water
129	Management District or the St. Johns River Water Management
130	District pursuant to this part; a valid permit issued on or
131	subsequent to March 1, 1988, within the Southwest Florida Water
132	Management District pursuant to this part; or a valid permit
133	issued on or subsequent to January 6, 1982, within the South
134	Florida Water Management District pursuant to this part. Such
135	inapplicability of state water quality standards shall be
136	limited to that part of the stormwater management system located
137	upstream of a manmade water control structure permitted, or
138	approved under a noticed exemption, to retain or detain
139	stormwater runoff in order to provide treatment of the
140	stormwater. The additional use of such a stormwater management
141	system for flood attenuation or irrigation shall not divest the
142	system of the benefits of this exemption. This section shall not
143	affect the authority of the department and water management
144	districts to require reasonable assurance that the water quality
145	within such stormwater management systems will not adversely
146	impact public health, fish and wildlife, or adjacent waters.
147	Section 3.  Subsection (6) of section 373.459, Florida
148	Statutes, is amended to read:
149	373.459  Funds for surface water improvement and
150	management.--
151	(6)(a)  The match requirement of subsection (2) shall not
152	apply to the Suwannee River Water Management District, the
153	Northwest Florida Water Management District, or a financially
154	disadvantaged small local government as defined in s.
155	403.885(5).
156	(b)  Notwithstanding the requirements of subsection (3),
157	the Ecosystem Management and Restoration Trust Fund and the
158	Water Protection and Sustainability Trust Fund shall be used for
159	the deposit of funds appropriated by the Legislature for the
160	purposes of ss. 373.451-373.4595. The department shall
161	administer all funds appropriated to or received for surface
162	water improvement and management activities. Expenditure of the
163	moneys shall be limited to the costs of details planning and
164	plan and program implementation for priority surface water
165	bodies. Moneys from the funds shall not be expended for planning
166	for, or construction or expansion of, treatment facilities for
167	domestic or industrial waste disposal.
168	(c)  Notwithstanding the requirements of subsection (4),
169	the department shall authorize the release of money from the
170	funds in accordance with the provisions of s. 373.501(2) and
171	procedures in s. 373.59(4) and (5).
172	(d)  Notwithstanding the requirements of subsection (5),
173	moneys in the Ecosystem Restoration and Management Trust Fund
174	that are not needed to meet current obligations incurred under
175	this section shall be transferred to the State Board of
176	Administration, to the credit of the trust fund, to be invested
177	in the manner provided by law. Interest received on such
178	investments shall be credited to the trust fund.
179	(e)  This subsection expires July 1, 2007.
180	Section 4.  Paragraph (c) of subsection (3) of section
181	373.4595, Florida Statutes, is amended to read:
182	373.4595  Lake Okeechobee Protection Program.--
183	(3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
184	program for Lake Okeechobee that achieves phosphorus load
185	reductions for Lake Okeechobee shall be immediately implemented
186	as specified in this subsection. The program shall address the
187	reduction of phosphorus loading to the lake from both internal
188	and external sources. Phosphorus load reductions shall be
189	achieved through a phased program of implementation. Initial
190	implementation actions shall be technology-based, based upon a
191	consideration of both the availability of appropriate technology
192	and the cost of such technology, and shall include phosphorus
193	reduction measures at both the source and the regional level.
194	The initial phase of phosphorus load reductions shall be based
195	upon the district's Technical Publication 81-2 and the
196	district's WOD program, with subsequent phases of phosphorus
197	load reductions based upon the total maximum daily loads
198	established in accordance with s. 403.067. In the development
199	and administration of the Lake Okeechobee Protection Program,
200	the coordinating agencies shall maximize opportunities provided
201	by federal cost-sharing programs and opportunities for
202	partnerships with the private sector.
203	(c)  Lake Okeechobee Watershed Phosphorus Control
204	Program.--The Lake Okeechobee Watershed Phosphorus Control
205	Program is designed to be a multifaceted approach to reducing
206	phosphorus loads by improving the management of phosphorus
207	sources within the Lake Okeechobee watershed through continued
208	implementation of existing regulations and best management
209	practices, development and implementation of improved best
210	management practices, improvement and restoration of the
211	hydrologic function of natural and managed systems, and
212	utilization of alternative technologies for nutrient reduction.
213	The coordinating agencies shall facilitate the application of
214	federal programs that offer opportunities for water quality
215	treatment, including preservation, restoration, or creation of
216	wetlands on agricultural lands.
217	1.  Agricultural nonpoint source best management practices,
218	developed in accordance with s. 403.067 and designed to achieve
219	the objectives of the Lake Okeechobee Protection Program, shall
220	be implemented on an expedited basis. The coordinating agencies
221	shall develop an interagency agreement pursuant to ss. 373.046
222	and 373.406(5) that assures the development of best management
223	practices that complement existing regulatory programs and
224	specifies how those best management practices are implemented
225	and verified. The interagency agreement shall address measures
226	to be taken by the coordinating agencies during any best
227	management practice reevaluation performed pursuant to sub-
228	subparagraph d. The department shall use best professional
229	judgment in making the initial determination of best management
230	practice effectiveness.
231	a.  As provided in s. 403.067(7)(c), the Department of
232	Agriculture and Consumer Services, in consultation with the
233	department, the district, and affected parties, shall initiate
234	rule development for interim measures, best management
235	practices, conservation plans, nutrient management plans, or
236	other measures necessary for Lake Okeechobee phosphorus load
237	reduction. The rule shall include thresholds for requiring
238	conservation and nutrient management plans and criteria for the
239	contents of such plans. Development of agricultural nonpoint
240	source best management practices shall initially focus on those
241	priority basins listed in subparagraph (b)1. The Department of
242	Agriculture and Consumer Services, in consultation with the
243	department, the district, and affected parties, shall conduct an
244	ongoing program for improvement of existing and development of
245	new interim measures or best management practices for the
246	purpose of adoption of such practices by rule.
247	b.  Where agricultural nonpoint source best management
248	practices or interim measures have been adopted by rule of the
249	Department of Agriculture and Consumer Services, the owner or
250	operator of an agricultural nonpoint source addressed by such
251	rule shall either implement interim measures or best management
252	practices or demonstrate compliance with the district's WOD
253	program by conducting monitoring prescribed by the department or
254	the district. Owners or operators of agricultural nonpoint
255	sources who implement interim measures or best management
256	practices adopted by rule of the Department of Agriculture and
257	Consumer Services shall be subject to the provisions of s.
258	403.067(7). The Department of Agriculture and Consumer Services,
259	in cooperation with the department and the district, shall
260	provide technical and financial assistance for implementation of
261	agricultural best management practices, subject to the
262	availability of funds.
263	c.  The district or department shall conduct monitoring at
264	representative sites to verify the effectiveness of agricultural
265	nonpoint source best management practices.
266	d.  Where water quality problems are detected for
267	agricultural nonpoint sources despite the appropriate
268	implementation of adopted best management practices, the
269	Department of Agriculture and Consumer Services, in consultation
270	with the other coordinating agencies and affected parties, shall
271	institute a reevaluation of the best management practices and
272	make appropriate changes to the rule adopting best management
273	practices.
274	2.  Nonagricultural nonpoint source best management
275	practices, developed in accordance with s. 403.067 and designed
276	to achieve the objectives of the Lake Okeechobee Protection
277	Program, shall be implemented on an expedited basis. The
278	department and the district shall develop an interagency
279	agreement pursuant to ss. 373.046 and 373.406(5) that assures
280	the development of best management practices that complement
281	existing regulatory programs and specifies how those best
282	management practices are implemented and verified. The
283	interagency agreement shall address measures to be taken by the
284	department and the district during any best management practice
285	reevaluation performed pursuant to sub-subparagraph d.
286	a.  The department and the district are directed to work
287	with the University of Florida's Institute of Food and
288	Agricultural Sciences to develop appropriate nutrient
289	application rates for all nonagricultural soil amendments in the
290	watershed. As provided in s. 403.067(7)(c), the department, in
291	consultation with the district and affected parties, shall
292	develop interim measures, best management practices, or other
293	measures necessary for Lake Okeechobee phosphorus load
294	reduction. Development of nonagricultural nonpoint source best
295	management practices shall initially focus on those priority
296	basins listed in subparagraph (b)1. The department, the
297	district, and affected parties shall conduct an ongoing program
298	for improvement of existing and development of new interim
299	measures or best management practices. The district shall adopt
300	technology-based standards under the district's WOD program for
301	nonagricultural nonpoint sources of phosphorus. Nothing in this
302	sub-subparagraph shall affect the authority of the department or
303	the district to adopt basin-specific criteria under this part to
304	prevent harm to the water resources of the district.
305	b.  Where nonagricultural nonpoint source best management
306	practices or interim measures have been developed by the
307	department and adopted by the district, the owner or operator of
308	a nonagricultural nonpoint source shall implement interim
309	measures or best management practices and be subject to the
310	provisions of s. 403.067(7). The department and district shall
311	provide technical and financial assistance for implementation of
312	nonagricultural nonpoint source best management practices,
313	subject to the availability of funds.
314	c.  The district or the department shall conduct monitoring
315	at representative sites to verify the effectiveness of
316	nonagricultural nonpoint source best management practices.
317	d.  Where water quality problems are detected for
318	nonagricultural nonpoint sources despite the appropriate
319	implementation of adopted best management practices, the
320	department and the district shall institute a reevaluation of
321	the best management practices.
322	3.  The provisions of subparagraphs 1. and 2. shall not
323	preclude the department or the district from requiring
324	compliance with water quality standards or with current best
325	management practices requirements set forth in any applicable
326	regulatory program authorized by law for the purpose of
327	protecting water quality. Additionally, subparagraphs 1. and 2.
328	are applicable only to the extent that they do not conflict with
329	any rules promulgated by the department that are necessary to
330	maintain a federally delegated or approved program.
331	4.  Projects which reduce the phosphorus load originating
332	from domestic wastewater systems within the Lake Okeechobee
333	watershed shall be given funding priority in the department's
334	revolving loan program under s. 403.1835. The department shall
335	coordinate and provide assistance to those local governments
336	seeking financial assistance for such priority projects.
337	5.  Projects that make use of private lands, or lands held
338	in trust for Indian tribes, to reduce nutrient loadings or
339	concentrations within a basin by one or more of the following
340	methods: restoring the natural hydrology of the basin, restoring
341	wildlife habitat or impacted wetlands, reducing peak flows after
342	storm events, increasing aquifer recharge, or protecting range
343	and timberland from conversion to development, are eligible for
344	grants available under this section from the coordinating
345	agencies. For projects of otherwise equal priority, special
346	funding priority will be given to those projects that make best
347	use of the methods outlined above that involve public-private
348	partnerships or that obtain federal match money. Preference
349	ranking above the special funding priority will be given to
350	projects located in a rural area of critical economic concern
351	designated by the Governor. Grant applications may be submitted
352	by any person or tribal entity, and eligible projects may
353	include, but are not limited to, the purchase of conservation
354	and flowage easements, hydrologic restoration of wetlands,
355	creating treatment wetlands, development of a management plan
356	for natural resources, and financial support to implement a
357	management plan.
358	6.a.  The department shall require all entities disposing
359	of domestic wastewater residuals within the Lake Okeechobee
360	watershed and the remaining areas of Okeechobee, Glades, and
361	Hendry Counties to develop and submit to the department an
362	agricultural use plan that limits applications based upon
363	phosphorus loading. By July 1, 2005, phosphorus concentrations
364	originating from these application sites shall not exceed the
365	limits established in the district's WOD program.
366	b.  Private and government-owned utilities within Monroe,
367	Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
368	Okeechobee, Highlands, Hendry, and Glades Counties that dispose
369	of wastewater residual sludge from utility operations and septic
370	removal by land spreading in the Lake Okeechobee watershed may
371	use a line item on local sewer rates to cover wastewater
372	residual treatment and disposal if such disposal and treatment
373	is done by approved alternative treatment methodology at a
374	facility located within the areas designated by the Governor as
375	rural areas of critical economic concern pursuant to s.
376	288.0656. This additional line item is an environmental
377	protection disposal fee above the present sewer rate and shall
378	not be considered a part of the present sewer rate to customers,
379	notwithstanding provisions to the contrary in chapter 367. The
380	fee shall be established by the county commission or its
381	designated assignee in the county in which the alternative
382	method treatment facility is located. The fee shall be
383	calculated to be no higher than that necessary to recover the
384	facility's prudent cost of providing the service. Upon request
385	by an affected county commission, the Florida Public Service
386	Commission will provide assistance in establishing the fee.
387	Further, for utilities and utility authorities that use the
388	additional line item environmental protection disposal fee, such
389	fee shall not be considered a rate increase under the rules of
390	the Public Service Commission and shall be exempt from such
391	rules. Utilities using the provisions of this section may
392	immediately include in their sewer invoicing the new
393	environmental protection disposal fee. Proceeds from this
394	environmental protection disposal fee shall be used for
395	treatment and disposal of wastewater residuals, including any
396	treatment technology that helps reduce the volume of residuals
397	that require final disposal, but such proceeds shall not be used
398	for transportation or shipment costs for disposal or any costs
399	relating to the land application of residuals in the Lake
400	Okeechobee watershed.
401	c.  No less frequently than once every 3 years, the Florida
402	Public Service Commission or the county commission through the
403	services of an independent auditor shall perform a financial
404	audit of all facilities receiving compensation from an
405	environmental protection disposal fee. The Florida Public
406	Service Commission or the county commission through the services
407	of an independent auditor shall also perform an audit of the
408	methodology used in establishing the environmental protection
409	disposal fee. The Florida Public Service Commission or the
410	county commission shall, within 120 days after completion of an
411	audit, file the audit report with the President of the Senate
412	and the Speaker of the House of Representatives and shall
413	provide copies to the county commissions of the counties set
414	forth in sub-subparagraph b. The books and records of any
415	facilities receiving compensation from an environmental
416	protection disposal fee shall be open to the Florida Public
417	Service Commission and the Auditor General for review upon
418	request.
419	7.  The Department of Health shall require all entities
420	disposing of septage within the Lake Okeechobee watershed and
421	the remaining areas of Okeechobee, Glades, and Hendry Counties
422	to develop and submit to that agency an agricultural use plan
423	that limits applications based upon phosphorus loading. By July
424	1, 2005, phosphorus concentrations originating from these
425	application sites shall not exceed the limits established in the
426	district's WOD program.
427	8.  The Department of Agriculture and Consumer Services
428	shall initiate rulemaking requiring entities within the Lake
429	Okeechobee watershed and the remaining areas of Okeechobee,
430	Glades, and Hendry Counties which land-apply animal manure to
431	develop conservation or nutrient management plans that limit
432	application, based upon phosphorus loading. Such rules may
433	include criteria and thresholds for the requirement to develop a
434	conservation or nutrient management plan, requirements for plan
435	approval, and recordkeeping requirements.
436	9.  Prior to authorizing a discharge into works of the
437	district, the district shall require responsible parties to
438	demonstrate that proposed changes in land use will not result in
439	increased phosphorus loading over that of existing land uses.
440	9.10.  The district, the department, or the Department of
441	Agriculture and Consumer Services, as appropriate, shall
442	implement those alternative nutrient reduction technologies
443	determined to be feasible pursuant to subparagraph (d)6.
444	Section 5.  Section 378.403, Florida Statutes, is amended
445	to read:
446	378.403  Definitions.--As used in this part, the term:
447	(1)  "Agency" means an official, committee, department,
448	commission, officer, division, authority, bureau, council,
449	board, section, or unit of government within the state,
450	including a county, municipal, or other local or regional entity
451	or special district.
452	(2)  "Annual report" means a detailed report, including
453	maps and aerial photographs, submitted for each mine, which
454	describes and delineates mining operations and reclamation or
455	restoration activities undertaken in the previous calendar year.
456	(3)  "Department" means the Department of Environmental
457	Protection.
458	(4)  "Existing mine" means any area upon which an operation
459	is being conducted, or has been conducted, on October 1, 1986.
460	(5)  "Extraction" or "resource extraction" means the
461	removal of resources from their location so as to make them
462	suitable for commercial, industrial, or construction use; but
463	does not include excavation solely in aid of onsite farming or
464	onsite construction, nor the process of searching, prospecting,
465	exploring, or investigating for resources by drilling.
466	(6)  "Fuller's earth clay" means clay possessing a high
467	absorptive capacity consisting largely of montmorillonite or
468	palygorskite. Fuller's earth clay includes attapulgite.
469	(7)  "Heavy minerals" means those resources found in
470	conjunction with sand deposits which have a specific gravity of
471	not less than 2.8, and includes an admixture of such resources
472	as zircon, staurolite, and titanium minerals as generally mined
473	in this state.
474	(8)  "Limestone" means any extracted material composed
475	principally of calcium or magnesium carbonate.
476	(9)  "Local government" means any county or municipality.
477	(10)  "Mine" means an area of land upon which mining
478	operations have been conducted, are being conducted, or are
479	planned to be conducted, as the term is commonly used in the
480	trade.
481	(11)  "New mine" means any mine that is not an existing
482	mine.
483	(12)  "Operation" means any activity, other than
484	prospecting, necessary for site preparation, extraction, waste
485	disposal, storage, or reclamation.
486	(13)  "Operator" means any person engaged in an operation.
487	(14)  "Overburden" means soil and rock removed to gain
488	access to the resource in the process of extraction and means
489	such soil or rock before or after its removal.
490	(15)  "Peat" means a naturally occurring substance derived
491	primarily from plant materials in a range of decomposing
492	conditions and formed in a water-saturated environment.
493	(16)(15)  "Reclamation" means the reasonable rehabilitation
494	of land where resource extraction has occurred.
495	(17)(16)  "Resource" means soil, clay, peat, stone, gravel,
496	sand, limerock, metallic ore, or any other solid substance of
497	commercial value found in natural deposits on or in the earth,
498	except phosphate, which is regulated by part III.
499	(18)(17)  "Secretary" means the Secretary of Environmental
500	Protection.
501	(19)(18)  "Wetlands" means any area as defined in s.
502	373.019, as delineated using the methodology adopted by rule and
503	ratified pursuant to s. 373.421(1). For areas included in an
504	approved conceptual reclamation plan or modification application
505	submitted prior to July 1, 1994, wetlands means any area having
506	dominant vegetation as defined and listed in rule 67-301.200
507	Department of Environmental Regulation rule 17-4.022, Florida
508	Administrative Code, regardless of whether the area is within
509	the department's Department of Environmental Regulation's
510	jurisdiction or whether the water bodies are connected.
511	Section 6.  Paragraph (d) of subsection (7) of section
512	378.503, Florida Statutes, is amended to read:
513	378.503  Limestone reclamation performance standards.--
514	(7)  Resource extraction which results in a water body
515	shall provide one of the following shoreline treatments:
516	(d)  Slope requirements of the United States Army Corps of
517	Engineers or the department under part IV of chapter 373 of
518	Environmental Regulation under the Warren S. Henderson Wetlands
519	Protection Act of 1984.
520	Section 7.  Section 378.804, Florida Statutes, is amended
521	to read:
522	378.804  Exemption.--Any operator who extracts resources
523	from 1 acre or less at any one site in a given year, not to
524	exceed 20 5 acres over the life of the mine, or who extracts
525	peat for agricultural purposes is exempt from the provisions of
526	s. 378.801.
527	Section 8.  Subsections (7) and (8) of section 403.067,
528	Florida Statutes, are amended to read:
529	403.067  Establishment and implementation of total maximum
530	daily loads.--
531	(7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
532	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
533	(a)  Basin management action plans.--
534	1.  In developing and implementing the total maximum daily
535	load for a water body, the department, or the department in
536	conjunction with a water management district, may develop a
537	basin management action plan that addresses some or all of the
538	watersheds and basins tributary to the water body. Such a plan
539	must shall integrate the appropriate management strategies
540	available to the state through existing water quality protection
541	programs to achieve the total maximum daily loads and may
542	provide for phased implementation of these management strategies
543	to promote timely, cost-effective actions as provided for in s.
544	403.151. The plan must shall establish a schedule for
545	implementing the management strategies, establish a basis for
546	evaluating the plan's effectiveness, and identify feasible
547	funding strategies for implementing the plan's management
548	strategies. The management strategies may include regional
549	treatment systems or other public works, where appropriate, and
550	voluntary trading of water quality credits in areas that have
551	adopted a basin management action plan to achieve the needed
552	pollutant load reductions.
553	2.  A basin management action plan must shall equitably
554	allocate, pursuant to paragraph (6)(b), pollutant reductions to
555	individual basins, as a whole to all basins, or to each
556	identified point source or category of nonpoint sources, as
557	appropriate. For nonpoint sources for which best management
558	practices have been adopted, the initial requirement specified
559	by the plan must shall be those practices developed pursuant to
560	paragraph (c). The plan shall, in accordance with rules adopted
561	pursuant to paragraph (8)(c), allow point or nonpoint sources
562	that will achieve greater pollutant load reductions than
563	required by a load or wasteload allocation in an adopted TMDL to
564	generate, register, and trade water quality credits for such
565	excess reductions to other sources as a method for the latter to
566	achieve their allocation; provided, however, that the generation
567	of water quality credits shall not remove the obligation of a
568	source or activity to meet otherwise applicable technology
569	requirements or adopted best management practices. The plan
570	shall allow trading between NPDES permittees and trading, which
571	may or may not involve NPDES permittees, where the generation or
572	use of the credits involves an entity or activity not otherwise
573	subject to department water discharge permits whose owner
574	voluntarily elects to become subject to the requirements of this
575	section. Where appropriate, the plan may take into account the
576	benefits of provide pollutant load reduction achieved by point
577	or nonpoint sources credits to dischargers that have implemented
578	management strategies to reduce pollutant loads, including best
579	management practices, prior to the development of the basin
580	management action plan. The plan must shall also identify the
581	mechanisms that will address by which potential future increases
582	in pollutant loading will be addressed.
583	3.  The basin management action planning process is
584	intended to involve the broadest possible range of interested
585	parties, with the objective of encouraging the greatest amount
586	of cooperation and consensus possible. In developing a basin
587	management action plan, the department shall assure that key
588	stakeholders, including, but not limited to, applicable local
589	governments, water management districts, the Department of
590	Agriculture and Consumer Services, other appropriate state
591	agencies, local soil and water conservation districts,
592	environmental groups, regulated interests, and affected
593	pollution sources, are invited to participate in the process.
594	The department shall hold at least one public meeting in the
595	vicinity of the watershed or basin to discuss and receive
596	comments during the planning process and shall otherwise
597	encourage public participation to the greatest practicable
598	extent. Notice of the public meeting must shall be published in
599	a newspaper of general circulation in each county in which the
600	watershed or basin lies not less than 5 days nor more than 15
601	days before the public meeting. A basin management action plan
602	shall not supplant or otherwise alter any assessment made under
603	subsection (3) or subsection (4) or any calculation or initial
604	allocation.
605	4.  The department shall adopt all or any part of a basin
606	management action plan and any amendment to such plan by
607	secretarial order pursuant to chapter 120 to implement the
608	provisions of this section.
609	5.  The basin management action plan must shall include
610	milestones for implementation and water quality improvement, and
611	an associated water quality monitoring component sufficient to
612	evaluate whether reasonable progress in pollutant load
613	reductions is being achieved over time. An assessment of
614	progress toward these milestones must shall be conducted every 5
615	years, and revisions to the plan must shall be made as
616	appropriate. Revisions to the basin management action plan shall
617	be made by the department in cooperation with basin
618	stakeholders. Revisions to the management strategies required
619	for nonpoint sources must shall follow the procedures set forth
620	in subparagraph (c)4. Revised basin management action plans must
621	shall be adopted pursuant to subparagraph 4.
622	6.  The provisions of the department's rule relating to the
623	equitable abatement of pollutants into surface waters may not be
624	applied to water bodies or water body segments for which a basin
625	management plan that takes into account future new or expanded
626	activities or discharges has been adopted pursuant to this
627	section.
628	(b)  Total maximum daily load implementation.--
629	1.  The department shall be the lead agency in coordinating
630	the implementation of the total maximum daily loads through
631	existing water quality protection programs. Application of a
632	total maximum daily load by a water management district must
633	shall be consistent with this section and shall not require the
634	issuance of an order or a separate action pursuant to s.
635	120.536(1) or s. 120.54 for the adoption of the calculation and
636	allocation previously established by the department. Such
637	programs may include, but are not limited to:
638	a.  Permitting and other existing regulatory programs,
639	including water-quality-based effluent limitations;
640	b.  Nonregulatory and incentive-based programs, including
641	best management practices, cost sharing, waste minimization,
642	pollution prevention, agreements established pursuant to s.
643	403.061(21), and public education;
644	c.  Other water quality management and restoration
645	activities, for example surface water improvement and management
646	plans approved by water management districts or basin management
647	action plans developed pursuant to this subsection;
648	d.  Trading of water quality credits Pollutant trading or
649	other equitable economically based agreements;
650	e.  Public works including capital facilities; or
651	f.  Land acquisition.
652	2.  For a basin management action plan adopted pursuant to
653	paragraph (a) subparagraph (a)4., any management strategies and
654	pollutant reduction requirements associated with a pollutant of
655	concern for which a total maximum daily load has been developed,
656	including effluent limits set forth for a discharger subject to
657	NPDES permitting, if any, must shall be included in a timely
658	manner in subsequent NPDES permits or permit modifications for
659	that discharger. The department shall not impose limits or
660	conditions implementing an adopted total maximum daily load in
661	an NPDES permit until the permit expires, the discharge is
662	modified, or the permit is reopened pursuant to an adopted basin
663	management action plan.
664	a.  Absent a detailed allocation, total maximum daily loads
665	must shall be implemented through NPDES permit conditions that
666	provide for afford a compliance schedule. In such instances, a
667	facility's NPDES permit must shall allow time for the issuance
668	of an order adopting the basin management action plan. The time
669	allowed for the issuance of an order adopting the plan must
670	shall not exceed 5 years. Upon issuance of an order adopting the
671	plan, the permit must shall be reopened, as necessary, and
672	permit conditions consistent with the plan must shall be
673	established. Notwithstanding the other provisions of this
674	subparagraph, upon request by a NPDES permittee, the department
675	as part of a permit issuance, renewal, or modification may
676	establish individual allocations prior to the adoption of a
677	basin management action plan.
678	b.  For holders of NPDES municipal separate storm sewer
679	system permits and other stormwater sources, implementation of a
680	total maximum daily load or basin management action plan must
681	shall be achieved, to the maximum extent practicable, through
682	the use of best management practices or other management
683	measures.
684	c.  The basin management action plan does not relieve the
685	discharger from any requirement to obtain, renew, or modify an
686	NPDES permit or to abide by other requirements of the permit.
687	d.  Management strategies set forth in a basin management
688	action plan to be implemented by a discharger subject to
689	permitting by the department must shall be completed pursuant to
690	the schedule set forth in the basin management action plan. This
691	implementation schedule may extend beyond the 5-year term of an
692	NPDES permit.
693	e.  Management strategies and pollution reduction
694	requirements set forth in a basin management action plan for a
695	specific pollutant of concern shall not be subject to challenge
696	under chapter 120 at the time they are incorporated, in an
697	identical form, into a subsequent NPDES permit or permit
698	modification.
699	f.  For nonagricultural pollutant sources not subject to
700	NPDES permitting but permitted pursuant to other state,
701	regional, or local water quality programs, the pollutant
702	reduction actions adopted in a basin management action plan must
703	shall be implemented to the maximum extent practicable as part
704	of those permitting programs.
705	g.  A nonpoint source discharger included in a basin
706	management action plan must shall demonstrate compliance with
707	the pollutant reductions established under pursuant to
708	subsection (6) by either implementing the appropriate best
709	management practices established pursuant to paragraph (c) or
710	conducting water quality monitoring prescribed by the department
711	or a water management district.
712	h.  A nonpoint source discharger included in a basin
713	management action plan may be subject to enforcement action by
714	the department or a water management district based upon a
715	failure to implement the responsibilities set forth in sub-
716	subparagraph g.
717	i.  A landowner, discharger, or other responsible person
718	who is implementing applicable management strategies specified
719	in an adopted basin management action plan shall not be required
720	by permit, enforcement action, or otherwise to implement
721	additional management strategies to reduce pollutant loads to
722	attain the pollutant reductions established pursuant to
723	subsection (6) and must shall be deemed to be in compliance with
724	this section. This subparagraph does not limit the authority of
725	the department to amend a basin management action plan as
726	specified in subparagraph (a)5.
727	(c)  Best management practices.--
728	1.  The department, in cooperation with the water
729	management districts and other interested parties, as
730	appropriate, may develop suitable interim measures, best
731	management practices, or other measures necessary to achieve the
732	level of pollution reduction established by the department for
733	nonagricultural nonpoint pollutant sources in allocations
734	developed pursuant to subsection (6) and this subsection. These
735	practices and measures may be adopted by rule by the department
736	and the water management districts pursuant to ss. 120.536(1)
737	and 120.54, and, where adopted by rule, shall be implemented by
738	those parties responsible for nonagricultural nonpoint source
739	pollution.
740	2.  The Department of Agriculture and Consumer Services may
741	develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
742	suitable interim measures, best management practices, or other
743	measures necessary to achieve the level of pollution reduction
744	established by the department for agricultural pollutant sources
745	in allocations developed pursuant to subsection (6) and this
746	subsection or for programs implemented pursuant to paragraph
747	(11)(b). These practices and measures may be implemented by
748	those parties responsible for agricultural pollutant sources and
749	the department, the water management districts, and the
750	Department of Agriculture and Consumer Services must shall
751	assist with implementation. In the process of developing and
752	adopting rules for interim measures, best management practices,
753	or other measures, the Department of Agriculture and Consumer
754	Services shall consult with the department, the Department of
755	Health, the water management districts, representatives from
756	affected farming groups, and environmental group
757	representatives. Such rules must shall also incorporate
758	provisions for a notice of intent to implement the practices and
759	a system to assure the implementation of the practices,
760	including recordkeeping requirements.
761	3.  Where interim measures, best management practices, or
762	other measures are adopted by rule, the effectiveness of such
763	practices in achieving the levels of pollution reduction
764	established in allocations developed by the department pursuant
765	to subsection (6) and this subsection or in programs implemented
766	pursuant to paragraph (11)(b) must shall be verified at
767	representative sites by the department. The department must
768	shall use best professional judgment in making the initial
769	verification that the best management practices are reasonably
770	expected to be effective and, where applicable, must shall
771	notify the appropriate water management district or the
772	Department of Agriculture and Consumer Services of its initial
773	verification prior to the adoption of a rule proposed pursuant
774	to this paragraph. Implementation, in accordance with rules
775	adopted under this paragraph, of practices that have been
776	initially verified to be effective, or verified to be effective
777	by monitoring at representative sites, by the department, shall
778	provide a presumption of compliance with state water quality
779	standards and release from the provisions of s. 376.307(5) for
780	those pollutants addressed by the practices, and the department
781	is not authorized to institute proceedings against the owner of
782	the source of pollution to recover costs or damages associated
783	with the contamination of surface water or groundwater caused by
784	those pollutants. Research projects funded by the department, a
785	water management district, or the Department of Agriculture and
786	Consumer Services to develop or demonstrate interim measures or
787	best management practices shall be granted a presumption of
788	compliance with state water quality standards and a release from
789	the provisions of s. 376.307(5). The presumption of compliance
790	and release is shall be limited to the research site and only
791	for those pollutants addressed by the interim measures or best
792	management practices. Eligibility for the presumption of
793	compliance and release is shall be limited to research projects
794	on sites where the owner or operator of the research site and
795	the department, a water management district, or the Department
796	of Agriculture and Consumer Services have entered into a
797	contract or other agreement that, at a minimum, specifies the
798	research objectives, the cost-share responsibilities of the
799	parties, and a schedule that details the beginning and ending
800	dates of the project.
801	4.  Where water quality problems are demonstrated, despite
802	the appropriate implementation, operation, and maintenance of
803	best management practices and other measures according to rules
804	adopted under this paragraph, the department, a water management
805	district, or the Department of Agriculture and Consumer
806	Services, in consultation with the department, shall institute a
807	reevaluation of the best management practice or other measure.
808	Should the reevaluation determine that the best management
809	practice or other measure requires modification, the department,
810	a water management district, or the Department of Agriculture
811	and Consumer Services, as appropriate, shall revise the rule to
812	require implementation of the modified practice within a
813	reasonable time period as specified in the rule.
814	5.  Agricultural records relating to processes or methods
815	of production, costs of production, profits, or other financial
816	information held by the Department of Agriculture and Consumer
817	Services pursuant to subparagraphs 3. and 4. or pursuant to any
818	rule adopted pursuant to subparagraph 2. are confidential and
819	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
820	Constitution. Upon request, records made confidential and exempt
821	pursuant to this subparagraph shall be released to the
822	department or any water management district if provided that the
823	confidentiality specified by this subparagraph for such records
824	is maintained.
825	6.  The provisions of subparagraphs 1. and 2. do shall not
826	preclude the department or water management district from
827	requiring compliance with water quality standards or with
828	current best management practice requirements set forth in any
829	applicable regulatory program authorized by law to protect for
830	the purpose of protecting water quality. Additionally,
831	subparagraphs 1. and 2. are applicable only to the extent that
832	they do not conflict with any rules adopted by the department
833	which that are necessary to maintain a federally delegated or
834	approved program.
835	(8)  RULES.--The department is authorized to adopt rules
836	pursuant to ss. 120.536(1) and  120.54 for:
837	(a)  Delisting water bodies or water body segments from the
838	list developed under subsection (4) pursuant to the guidance
839	under subsection (5).;
840	(b)  Administering Administration of funds to implement the
841	total maximum daily load and basin management action planning
842	programs.;
843	(c)  Water quality credit Procedures for pollutant trading
844	among the pollutant sources to a water body or water body
845	segment. By July 1, 2007, the department must initiate
846	rulemaking that provides for the following:, including a
847	mechanism for the issuance and tracking of pollutant credits.
848	Such procedures may be implemented through permits or other
849	authorizations and must be legally binding. Prior to adopting
850	rules for pollutant trading under this paragraph, and no later
851	than November 30, 2006, the Department of Environmental
852	Protection shall submit a report to the Governor, the President
853	of the Senate, and the Speaker of the House of Representatives
854	containing recommendations on such rules, including the proposed
855	basis for equitable economically based agreements and the
856	tracking and accounting of pollution credits or other similar
857	mechanisms. Such recommendations shall be developed in
858	cooperation with a technical advisory committee that includes
859	experts in pollutant trading and representatives of potentially
860	affected parties;
861	1.  The process to be used to determine how credits are
862	generated, quantified, and validated;
863	2.  A publicly accessible water quality credit trading
864	registry that tracks water quality credits and trades and lists
865	the prices paid for such credits; provided, however, that the
866	department shall not participate in the establishment of such
867	prices;
868	3.  Limitations on the availability and use of water
869	quality credits, including a list of eligible pollutants or
870	parameters and minimum water quality requirements and, where
871	appropriate, adjustments to reflect best-management practice
872	performance uncertainties and water-segment-specific location
873	factors;
874	4.  The timing and duration of credits and allowance for
875	credit transferability; and
876	5.  Mechanisms for determining and ensuring compliance for
877	trades including recordkeeping, monitoring, reporting, and
878	inspections. Generators of traded credits are responsible for
879	achieving the load reductions upon which the credits are based.
880	(d)  The total maximum daily load calculation in accordance
881	with paragraph (6)(a) immediately upon the effective date of
882	this act, for those eight water segments within Lake Okeechobee
883	proper as submitted to the United States Environmental
884	Protection Agency pursuant to subsection (2).; and
885	(e)  Implementation of other specific provisions.
886	Section 9.  Paragraphs (e) and (f) of subsection (2) of
887	section 403.088, Florida Statutes, are amended to read:
888	403.088  Water pollution operation permits; conditions.--
889	(2)
890	(e)  However, if the discharge will not meet permit
891	conditions or applicable statutes and rules, the department may
892	issue, renew, revise, or reissue the operation permit if:
893	1.  The applicant is constructing, installing, or placing
894	into operation, or has submitted plans and a reasonable schedule
895	for constructing, installing, or placing into operation, an
896	approved pollution abatement facility or alternative waste
897	disposal system;
898	2.  The applicant needs permission to pollute the waters
899	within the state for a period of time necessary to complete
900	research, planning, construction, installation, or operation of
901	an approved and acceptable pollution abatement facility or
902	alternative waste disposal system;
903	3.  There is no present, reasonable, alternative means of
904	disposing of the waste other than by discharging it into the
905	waters of the state;
906	4.  The granting of an operation permit will be in the
907	public interest; or
908	5.  The discharge will not be unreasonably destructive to
909	the quality of the receiving waters; or.
910	6.  A water quality credit trade that meets the
911	requirements of a total maximum daily load allocation has been
912	approved in a final order issued under s. 403.067(7)(a)4.
913	(f)  A permit issued, renewed, revised, or reissued
914	pursuant to paragraph (e) shall be accompanied by an order
915	establishing a schedule for achieving compliance with all permit
916	conditions.  Such permit may require compliance with the
917	accompanying order.
918	Section 10.  Section 403.265, Florida Statutes, is
919	repealed.
920	Section 11.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.