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; repealing s. |
34 | 403.265, F.S.; relating to the permitting of peat mining; |
35 | providing an effective date. |
36 |
|
37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
|
39 | Section 1. Paragraph (e) is added to subsection (6) of |
40 | section 373.414, Florida Statutes, and subsection (17) of that |
41 | section is amended to read: |
42 | 373.414 Additional criteria for activities in surface |
43 | waters and wetlands.-- |
44 | (6) |
45 | (e) The Legislature recognizes that the state's |
46 | horticultural industry contributes to the economic strength of |
47 | Florida and that high-quality peat is a limited resource that is |
48 | an important component of horticultural production. The |
49 | Legislature further recognizes that obtaining high-quality peat |
50 | typically and uniquely requires the mining of wetlands and other |
51 | surface waters and that the use of recycled and renewable |
52 | material to replace or reduce the use of natural peat is |
53 | necessary for the future of the horticultural industry. |
54 | 1. As used in this paragraph, the term: |
55 | a. "High-quality peat" means peat from a freshwater |
56 | herbaceous wetland that grades H1 to H4 on the von Post |
57 | Humification Scale and has a pH less than 7. |
58 | b. "Horticultural industry" means the industry that |
59 | cultivates plants, including, but not limited to, trees, shrubs, |
60 | flowers, annuals, perennials, tropical foliage, liners, ferns, |
61 | vines, bulbs, grafts, scions, or buds, but excludes turf grasses |
62 | grown or kept for or capable of propagation or distribution for |
63 | retail, wholesale, or rewholesale purposes. |
64 | 2. The department shall develop rules for permitting and |
65 | mitigation of peat mines in herbaceous or historically |
66 | herbaceous wetlands where high-quality peat is extracted |
67 | predominately for use in the horticultural industry provided: |
68 | a. The permitting and mitigation rules shall be applicable |
69 | where no less than 80 percent of the extracted peat is high- |
70 | quality peat and 80 percent of the high-quality peat is used by |
71 | the horticultural industry in products that incorporate other |
72 | renewable or recycled materials to replace or reduce the use of |
73 | natural peat; |
74 | b. No extraction is occurring in the underlying sand or |
75 | rock strata; |
76 | c. No portion of the extraction or mitigation area is part |
77 | of an existing or proposed larger plan of development; and |
78 | d. No portion of the mine is located in a body of water |
79 | designated as Outstanding Florida Waters. |
80 | 3. In adopting rules as directed in subparagraph 2., |
81 | design modifications shall not be required to reduce or |
82 | eliminate adverse impacts to herbaceous wetlands that score |
83 | below a specific value, as provided by rule using the uniform |
84 | mitigation assessment method of evaluation, except to require |
85 | that the project meet water quality standards, not cause adverse |
86 | offsite flooding, not adversely impact significant historical |
87 | and archeological resources pursuant to s. 267.061, and not |
88 | cause adverse impacts to listed species or their habitats. In |
89 | assessing mitigation for mines that are not required to reduce |
90 | or eliminate adverse impacts, retaining a percentage of the |
91 | reclaimed wetland as open water shall be deemed appropriate |
92 | wetland mitigation. The rules must establish the amount of open |
93 | water allowable as mitigation based upon a consideration of the |
94 | type and amount of other wetland mitigation proposed, the value |
95 | of those wetlands as evaluated using the uniform mitigation |
96 | assessment method, and the amount of preservation of wetlands. |
97 | The amount of open water shall not exceed 60 percent of the |
98 | premining wetlands within the extracted area. |
99 | 4. Rule 62-345.600, Florida Administrative Code, shall not |
100 | be applied to mitigation for mines qualifying under this |
101 | paragraph. |
102 | 5. The department shall initiate rulemaking within 90 days |
103 | after July 1, 2007, and water management districts may implement |
104 | the proposed rules without adoption pursuant to s. 120.54. |
105 | (17) The variance provisions of s. 403.201 are applicable |
106 | to the provisions of this section or any rule adopted pursuant |
107 | to this section hereto. The governing boards and the department |
108 | are authorized to review and take final agency action on |
109 | petitions requesting such variances for those activities they |
110 | regulate under this part and s. 373.4145. |
111 | Section 2. Section 373.4142, Florida Statutes, is amended |
112 | to read: |
113 | 373.4142 Water quality within stormwater treatment |
114 | systems.--State surface water quality standards applicable to |
115 | waters of the state, as defined in s. 403.031(13), shall not |
116 | apply within a stormwater management system which is designed, |
117 | constructed, operated, and maintained for stormwater treatment |
118 | in accordance with a valid permit or noticed exemption issued |
119 | pursuant to chapter 62-25 17-25, Florida Administrative Code; a |
120 | valid permit or exemption under s. 373.4145 within the Northwest |
121 | Florida Water Management District; a valid permit issued on or |
122 | subsequent to April 1, 1986, within the Suwannee River Water |
123 | Management District or the St. Johns River Water Management |
124 | District pursuant to this part; a valid permit issued on or |
125 | subsequent to March 1, 1988, within the Southwest Florida Water |
126 | Management District pursuant to this part; or a valid permit |
127 | issued on or subsequent to January 6, 1982, within the South |
128 | Florida Water Management District pursuant to this part. Such |
129 | inapplicability of state water quality standards shall be |
130 | limited to that part of the stormwater management system located |
131 | upstream of a manmade water control structure permitted, or |
132 | approved under a noticed exemption, to retain or detain |
133 | stormwater runoff in order to provide treatment of the |
134 | stormwater. The additional use of such a stormwater management |
135 | system for flood attenuation or irrigation shall not divest the |
136 | system of the benefits of this exemption. This section shall not |
137 | affect the authority of the department and water management |
138 | districts to require reasonable assurance that the water quality |
139 | within such stormwater management systems will not adversely |
140 | impact public health, fish and wildlife, or adjacent waters. |
141 | Section 3. Subsection (6) of section 373.459, Florida |
142 | Statutes, is amended to read: |
143 | 373.459 Funds for surface water improvement and |
144 | management.-- |
145 | (6)(a) The match requirement of subsection (2) shall not |
146 | apply to the Suwannee River Water Management District, the |
147 | Northwest Florida Water Management District, or a financially |
148 | disadvantaged small local government as defined in s. 403.885(3) |
149 | 403.885(5). |
150 | (b) Notwithstanding the requirements of subsection (3), |
151 | the Ecosystem Management and Restoration Trust Fund and the |
152 | Water Protection and Sustainability Trust Fund shall be used for |
153 | the deposit of funds appropriated by the Legislature for the |
154 | purposes of ss. 373.451-373.4595. The department shall |
155 | administer all funds appropriated to or received for surface |
156 | water improvement and management activities. Expenditure of the |
157 | moneys shall be limited to the costs of details planning and |
158 | plan and program implementation for priority surface water |
159 | bodies. Moneys from the funds shall not be expended for planning |
160 | for, or construction or expansion of, treatment facilities for |
161 | domestic or industrial waste disposal. |
162 | (c) Notwithstanding the requirements of subsection (4), |
163 | the department shall authorize the release of money from the |
164 | funds in accordance with the provisions of s. 373.501(2) and |
165 | procedures in s. 373.59(4) and (5). |
166 | (d) Notwithstanding the requirements of subsection (5), |
167 | moneys in the Ecosystem Restoration and Management Trust Fund |
168 | that are not needed to meet current obligations incurred under |
169 | this section shall be transferred to the State Board of |
170 | Administration, to the credit of the trust fund, to be invested |
171 | in the manner provided by law. Interest received on such |
172 | investments shall be credited to the trust fund. |
173 | (e) This subsection expires July 1, 2007. |
174 | Section 4. Paragraph (c) of subsection (3) of section |
175 | 373.4595, Florida Statutes, is amended to read: |
176 | 373.4595 Lake Okeechobee Protection Program.-- |
177 | (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection |
178 | program for Lake Okeechobee that achieves phosphorus load |
179 | reductions for Lake Okeechobee shall be immediately implemented |
180 | as specified in this subsection. The program shall address the |
181 | reduction of phosphorus loading to the lake from both internal |
182 | and external sources. Phosphorus load reductions shall be |
183 | achieved through a phased program of implementation. Initial |
184 | implementation actions shall be technology-based, based upon a |
185 | consideration of both the availability of appropriate technology |
186 | and the cost of such technology, and shall include phosphorus |
187 | reduction measures at both the source and the regional level. |
188 | The initial phase of phosphorus load reductions shall be based |
189 | upon the district's Technical Publication 81-2 and the |
190 | district's WOD program, with subsequent phases of phosphorus |
191 | load reductions based upon the total maximum daily loads |
192 | established in accordance with s. 403.067. In the development |
193 | and administration of the Lake Okeechobee Protection Program, |
194 | the coordinating agencies shall maximize opportunities provided |
195 | by federal cost-sharing programs and opportunities for |
196 | partnerships with the private sector. |
197 | (c) Lake Okeechobee Watershed Phosphorus Control |
198 | Program.--The Lake Okeechobee Watershed Phosphorus Control |
199 | Program is designed to be a multifaceted approach to reducing |
200 | phosphorus loads by improving the management of phosphorus |
201 | sources within the Lake Okeechobee watershed through continued |
202 | implementation of existing regulations and best management |
203 | practices, development and implementation of improved best |
204 | management practices, improvement and restoration of the |
205 | hydrologic function of natural and managed systems, and |
206 | utilization of alternative technologies for nutrient reduction. |
207 | The coordinating agencies shall facilitate the application of |
208 | federal programs that offer opportunities for water quality |
209 | treatment, including preservation, restoration, or creation of |
210 | wetlands on agricultural lands. |
211 | 1. Agricultural nonpoint source best management practices, |
212 | developed in accordance with s. 403.067 and designed to achieve |
213 | the objectives of the Lake Okeechobee Protection Program, shall |
214 | be implemented on an expedited basis. The coordinating agencies |
215 | shall develop an interagency agreement pursuant to ss. 373.046 |
216 | and 373.406(5) that assures the development of best management |
217 | practices that complement existing regulatory programs and |
218 | specifies how those best management practices are implemented |
219 | and verified. The interagency agreement shall address measures |
220 | to be taken by the coordinating agencies during any best |
221 | management practice reevaluation performed pursuant to sub- |
222 | subparagraph d. The department shall use best professional |
223 | judgment in making the initial determination of best management |
224 | practice effectiveness. |
225 | a. As provided in s. 403.067(7)(c), the Department of |
226 | Agriculture and Consumer Services, in consultation with the |
227 | department, the district, and affected parties, shall initiate |
228 | rule development for interim measures, best management |
229 | practices, conservation plans, nutrient management plans, or |
230 | other measures necessary for Lake Okeechobee phosphorus load |
231 | reduction. The rule shall include thresholds for requiring |
232 | conservation and nutrient management plans and criteria for the |
233 | contents of such plans. Development of agricultural nonpoint |
234 | source best management practices shall initially focus on those |
235 | priority basins listed in subparagraph (b)1. The Department of |
236 | Agriculture and Consumer Services, in consultation with the |
237 | department, the district, and affected parties, shall conduct an |
238 | ongoing program for improvement of existing and development of |
239 | new interim measures or best management practices for the |
240 | purpose of adoption of such practices by rule. |
241 | b. Where agricultural nonpoint source best management |
242 | practices or interim measures have been adopted by rule of the |
243 | Department of Agriculture and Consumer Services, the owner or |
244 | operator of an agricultural nonpoint source addressed by such |
245 | rule shall either implement interim measures or best management |
246 | practices or demonstrate compliance with the district's WOD |
247 | program by conducting monitoring prescribed by the department or |
248 | the district. Owners or operators of agricultural nonpoint |
249 | sources who implement interim measures or best management |
250 | practices adopted by rule of the Department of Agriculture and |
251 | Consumer Services shall be subject to the provisions of s. |
252 | 403.067(7). The Department of Agriculture and Consumer Services, |
253 | in cooperation with the department and the district, shall |
254 | provide technical and financial assistance for implementation of |
255 | agricultural best management practices, subject to the |
256 | availability of funds. |
257 | c. The district or department shall conduct monitoring at |
258 | representative sites to verify the effectiveness of agricultural |
259 | nonpoint source best management practices. |
260 | d. Where water quality problems are detected for |
261 | agricultural nonpoint sources despite the appropriate |
262 | implementation of adopted best management practices, the |
263 | Department of Agriculture and Consumer Services, in consultation |
264 | with the other coordinating agencies and affected parties, shall |
265 | institute a reevaluation of the best management practices and |
266 | make appropriate changes to the rule adopting best management |
267 | practices. |
268 | 2. Nonagricultural nonpoint source best management |
269 | practices, developed in accordance with s. 403.067 and designed |
270 | to achieve the objectives of the Lake Okeechobee Protection |
271 | Program, shall be implemented on an expedited basis. The |
272 | department and the district shall develop an interagency |
273 | agreement pursuant to ss. 373.046 and 373.406(5) that assures |
274 | the development of best management practices that complement |
275 | existing regulatory programs and specifies how those best |
276 | management practices are implemented and verified. The |
277 | interagency agreement shall address measures to be taken by the |
278 | department and the district during any best management practice |
279 | reevaluation performed pursuant to sub-subparagraph d. |
280 | a. The department and the district are directed to work |
281 | with the University of Florida's Institute of Food and |
282 | Agricultural Sciences to develop appropriate nutrient |
283 | application rates for all nonagricultural soil amendments in the |
284 | watershed. As provided in s. 403.067(7)(c), the department, in |
285 | consultation with the district and affected parties, shall |
286 | develop interim measures, best management practices, or other |
287 | measures necessary for Lake Okeechobee phosphorus load |
288 | reduction. Development of nonagricultural nonpoint source best |
289 | management practices shall initially focus on those priority |
290 | basins listed in subparagraph (b)1. The department, the |
291 | district, and affected parties shall conduct an ongoing program |
292 | for improvement of existing and development of new interim |
293 | measures or best management practices. The district shall adopt |
294 | technology-based standards under the district's WOD program for |
295 | nonagricultural nonpoint sources of phosphorus. Nothing in this |
296 | sub-subparagraph shall affect the authority of the department or |
297 | the district to adopt basin-specific criteria under this part to |
298 | prevent harm to the water resources of the district. |
299 | b. Where nonagricultural nonpoint source best management |
300 | practices or interim measures have been developed by the |
301 | department and adopted by the district, the owner or operator of |
302 | a nonagricultural nonpoint source shall implement interim |
303 | measures or best management practices and be subject to the |
304 | provisions of s. 403.067(7). The department and district shall |
305 | provide technical and financial assistance for implementation of |
306 | nonagricultural nonpoint source best management practices, |
307 | subject to the availability of funds. |
308 | c. The district or the department shall conduct monitoring |
309 | at representative sites to verify the effectiveness of |
310 | nonagricultural nonpoint source best management practices. |
311 | d. Where water quality problems are detected for |
312 | nonagricultural nonpoint sources despite the appropriate |
313 | implementation of adopted best management practices, the |
314 | department and the district shall institute a reevaluation of |
315 | the best management practices. |
316 | 3. The provisions of subparagraphs 1. and 2. shall not |
317 | preclude the department or the district from requiring |
318 | compliance with water quality standards or with current best |
319 | management practices requirements set forth in any applicable |
320 | regulatory program authorized by law for the purpose of |
321 | protecting water quality. Additionally, subparagraphs 1. and 2. |
322 | are applicable only to the extent that they do not conflict with |
323 | any rules promulgated by the department that are necessary to |
324 | maintain a federally delegated or approved program. |
325 | 4. Projects which reduce the phosphorus load originating |
326 | from domestic wastewater systems within the Lake Okeechobee |
327 | watershed shall be given funding priority in the department's |
328 | revolving loan program under s. 403.1835. The department shall |
329 | coordinate and provide assistance to those local governments |
330 | seeking financial assistance for such priority projects. |
331 | 5. Projects that make use of private lands, or lands held |
332 | in trust for Indian tribes, to reduce nutrient loadings or |
333 | concentrations within a basin by one or more of the following |
334 | methods: restoring the natural hydrology of the basin, restoring |
335 | wildlife habitat or impacted wetlands, reducing peak flows after |
336 | storm events, increasing aquifer recharge, or protecting range |
337 | and timberland from conversion to development, are eligible for |
338 | grants available under this section from the coordinating |
339 | agencies. For projects of otherwise equal priority, special |
340 | funding priority will be given to those projects that make best |
341 | use of the methods outlined above that involve public-private |
342 | partnerships or that obtain federal match money. Preference |
343 | ranking above the special funding priority will be given to |
344 | projects located in a rural area of critical economic concern |
345 | designated by the Governor. Grant applications may be submitted |
346 | by any person or tribal entity, and eligible projects may |
347 | include, but are not limited to, the purchase of conservation |
348 | and flowage easements, hydrologic restoration of wetlands, |
349 | creating treatment wetlands, development of a management plan |
350 | for natural resources, and financial support to implement a |
351 | management plan. |
352 | 6.a. The department shall require all entities disposing |
353 | of domestic wastewater residuals within the Lake Okeechobee |
354 | watershed and the remaining areas of Okeechobee, Glades, and |
355 | Hendry Counties to develop and submit to the department an |
356 | agricultural use plan that limits applications based upon |
357 | phosphorus loading. By July 1, 2005, phosphorus concentrations |
358 | originating from these application sites shall not exceed the |
359 | limits established in the district's WOD program. |
360 | b. Private and government-owned utilities within Monroe, |
361 | Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River, |
362 | Okeechobee, Highlands, Hendry, and Glades Counties that dispose |
363 | of wastewater residual sludge from utility operations and septic |
364 | removal by land spreading in the Lake Okeechobee watershed may |
365 | use a line item on local sewer rates to cover wastewater |
366 | residual treatment and disposal if such disposal and treatment |
367 | is done by approved alternative treatment methodology at a |
368 | facility located within the areas designated by the Governor as |
369 | rural areas of critical economic concern pursuant to s. |
370 | 288.0656. This additional line item is an environmental |
371 | protection disposal fee above the present sewer rate and shall |
372 | not be considered a part of the present sewer rate to customers, |
373 | notwithstanding provisions to the contrary in chapter 367. The |
374 | fee shall be established by the county commission or its |
375 | designated assignee in the county in which the alternative |
376 | method treatment facility is located. The fee shall be |
377 | calculated to be no higher than that necessary to recover the |
378 | facility's prudent cost of providing the service. Upon request |
379 | by an affected county commission, the Florida Public Service |
380 | Commission will provide assistance in establishing the fee. |
381 | Further, for utilities and utility authorities that use the |
382 | additional line item environmental protection disposal fee, such |
383 | fee shall not be considered a rate increase under the rules of |
384 | the Public Service Commission and shall be exempt from such |
385 | rules. Utilities using the provisions of this section may |
386 | immediately include in their sewer invoicing the new |
387 | environmental protection disposal fee. Proceeds from this |
388 | environmental protection disposal fee shall be used for |
389 | treatment and disposal of wastewater residuals, including any |
390 | treatment technology that helps reduce the volume of residuals |
391 | that require final disposal, but such proceeds shall not be used |
392 | for transportation or shipment costs for disposal or any costs |
393 | relating to the land application of residuals in the Lake |
394 | Okeechobee watershed. |
395 | c. No less frequently than once every 3 years, the Florida |
396 | Public Service Commission or the county commission through the |
397 | services of an independent auditor shall perform a financial |
398 | audit of all facilities receiving compensation from an |
399 | environmental protection disposal fee. The Florida Public |
400 | Service Commission or the county commission through the services |
401 | of an independent auditor shall also perform an audit of the |
402 | methodology used in establishing the environmental protection |
403 | disposal fee. The Florida Public Service Commission or the |
404 | county commission shall, within 120 days after completion of an |
405 | audit, file the audit report with the President of the Senate |
406 | and the Speaker of the House of Representatives and shall |
407 | provide copies to the county commissions of the counties set |
408 | forth in sub-subparagraph b. The books and records of any |
409 | facilities receiving compensation from an environmental |
410 | protection disposal fee shall be open to the Florida Public |
411 | Service Commission and the Auditor General for review upon |
412 | request. |
413 | 7. The Department of Health shall require all entities |
414 | disposing of septage within the Lake Okeechobee watershed and |
415 | the remaining areas of Okeechobee, Glades, and Hendry Counties |
416 | to develop and submit to that agency an agricultural use plan |
417 | that limits applications based upon phosphorus loading. By July |
418 | 1, 2005, phosphorus concentrations originating from these |
419 | application sites shall not exceed the limits established in the |
420 | district's WOD program. |
421 | 8. The Department of Agriculture and Consumer Services |
422 | shall initiate rulemaking requiring entities within the Lake |
423 | Okeechobee watershed and the remaining areas of Okeechobee, |
424 | Glades, and Hendry Counties which land-apply animal manure to |
425 | develop conservation or nutrient management plans that limit |
426 | application, based upon phosphorus loading. Such rules may |
427 | include criteria and thresholds for the requirement to develop a |
428 | conservation or nutrient management plan, requirements for plan |
429 | approval, and recordkeeping requirements. |
430 | 9. Prior to authorizing a discharge into works of the |
431 | district, the district shall require responsible parties to |
432 | demonstrate that proposed changes in land use will not result in |
433 | increased phosphorus loading over that of existing land uses. |
434 | 9.10. The district, the department, or the Department of |
435 | Agriculture and Consumer Services, as appropriate, shall |
436 | implement those alternative nutrient reduction technologies |
437 | determined to be feasible pursuant to subparagraph (d)6. |
438 | Section 5. Section 378.403, Florida Statutes, is amended |
439 | to read: |
440 | 378.403 Definitions.--As used in this part, the term: |
441 | (1) "Agency" means an official, committee, department, |
442 | commission, officer, division, authority, bureau, council, |
443 | board, section, or unit of government within the state, |
444 | including a county, municipal, or other local or regional entity |
445 | or special district. |
446 | (2) "Annual report" means a detailed report, including |
447 | maps and aerial photographs, submitted for each mine, which |
448 | describes and delineates mining operations and reclamation or |
449 | restoration activities undertaken in the previous calendar year. |
450 | (3) "Department" means the Department of Environmental |
451 | Protection. |
452 | (4) "Existing mine" means any area upon which an operation |
453 | is being conducted, or has been conducted, on October 1, 1986. |
454 | (5) "Extraction" or "resource extraction" means the |
455 | removal of resources from their location so as to make them |
456 | suitable for commercial, industrial, or construction use; but |
457 | does not include excavation solely in aid of onsite farming or |
458 | onsite construction, nor the process of searching, prospecting, |
459 | exploring, or investigating for resources by drilling. |
460 | (6) "Fuller's earth clay" means clay possessing a high |
461 | absorptive capacity consisting largely of montmorillonite or |
462 | palygorskite. Fuller's earth clay includes attapulgite. |
463 | (7) "Heavy minerals" means those resources found in |
464 | conjunction with sand deposits which have a specific gravity of |
465 | not less than 2.8, and includes an admixture of such resources |
466 | as zircon, staurolite, and titanium minerals as generally mined |
467 | in this state. |
468 | (8) "Limestone" means any extracted material composed |
469 | principally of calcium or magnesium carbonate. |
470 | (9) "Local government" means any county or municipality. |
471 | (10) "Mine" means an area of land upon which mining |
472 | operations have been conducted, are being conducted, or are |
473 | planned to be conducted, as the term is commonly used in the |
474 | trade. |
475 | (11) "New mine" means any mine that is not an existing |
476 | mine. |
477 | (12) "Operation" means any activity, other than |
478 | prospecting, necessary for site preparation, extraction, waste |
479 | disposal, storage, or reclamation. |
480 | (13) "Operator" means any person engaged in an operation. |
481 | (14) "Overburden" means soil and rock removed to gain |
482 | access to the resource in the process of extraction and means |
483 | such soil or rock before or after its removal. |
484 | (15) "Peat" means a naturally occurring substance derived |
485 | primarily from plant materials in a range of decomposing |
486 | conditions and formed in a water-saturated environment. |
487 | (16)(15) "Reclamation" means the reasonable rehabilitation |
488 | of land where resource extraction has occurred. |
489 | (17)(16) "Resource" means soil, clay, peat, stone, gravel, |
490 | sand, limerock, metallic ore, or any other solid substance of |
491 | commercial value found in natural deposits on or in the earth, |
492 | except phosphate, which is regulated by part III. |
493 | (18)(17) "Secretary" means the Secretary of Environmental |
494 | Protection. |
495 | (19)(18) "Wetlands" means any area as defined in s. |
496 | 373.019, as delineated using the methodology adopted by rule and |
497 | ratified pursuant to s. 373.421(1). For areas included in an |
498 | approved conceptual reclamation plan or modification application |
499 | submitted prior to July 1, 1994, wetlands means any area having |
500 | dominant vegetation as defined and listed in rule 67-301.200 |
501 | Department of Environmental Regulation rule 17-4.022, Florida |
502 | Administrative Code, regardless of whether the area is within |
503 | the department's Department of Environmental Regulation's |
504 | jurisdiction or whether the water bodies are connected. |
505 | Section 6. Paragraph (d) of subsection (7) of section |
506 | 378.503, Florida Statutes, is amended to read: |
507 | 378.503 Limestone reclamation performance standards.-- |
508 | (7) Resource extraction which results in a water body |
509 | shall provide one of the following shoreline treatments: |
510 | (d) Slope requirements of the United States Army Corps of |
511 | Engineers or the department under part IV of chapter 373 of |
512 | Environmental Regulation under the Warren S. Henderson Wetlands |
513 | Protection Act of 1984. |
514 | Section 7. Section 378.804, Florida Statutes, is amended |
515 | to read: |
516 | 378.804 Exemption.--Any operator who extracts resources |
517 | from 1 acre or less at any one site in a given year, not to |
518 | exceed 20 5 acres over the life of the mine, or who extracts |
519 | peat for agricultural purposes is exempt from the provisions of |
520 | s. 378.801. |
521 | Section 8. Section 403.265, Florida Statutes, is repealed. |
522 | Section 9. This act shall take effect July 1, 2007. |