Senate Bill sb2636

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    Florida Senate - 2007                                  SB 2636

    By Senator Argenziano





    3-1245-07

  1                      A bill to be entitled

  2         An act relating to the protection of springs;

  3         creating part IV of ch. 369, F.S., the Florida

  4         Springs Protection Act; providing legislative

  5         intent with respect to the need to regulate

  6         nutrient concentrations in groundwater and

  7         protect the biological and ecological integrity

  8         of the state's springs; providing definitions;

  9         requiring the water management districts having

10         jurisdiction over specified springs, in

11         cooperation with the Florida Geological Survey

12         and other authorities, to delineate springsheds

13         and primary protection zones for specified

14         springs; providing requirements with respect to

15         such delineation; requiring that the

16         delineation be completed by a specified date;

17         requiring the water management districts to

18         adopt by rule maps of the springsheds and

19         primary protection zones; requiring each local

20         government having jurisdiction over an area

21         within such a springshed or primary protection

22         zone to review its local comprehensive plan and

23         recommend amendments to the plan to ensure the

24         protection of springs; requiring local

25         governments to adopt measures ensuring that

26         spring nutrient concentrations do not increase

27         above current levels; requiring the Department

28         of Environmental Protection to establish and

29         implement total maximum daily loads for each of

30         four specified springs in the state; providing

31         requirements for the level of protection;

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    Florida Senate - 2007                                  SB 2636
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 1         prohibiting certain specified land uses within

 2         the springsheds and primary protection zones;

 3         requiring that the water management districts

 4         protect the historic flow of the water in

 5         certain specified springs; providing an

 6         effective date.

 7  

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

 9  

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

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

12  369.409, 369.411, and 369.413, is created to read:

13         369.401  Short title.--This part may be cited as the

14  "Florida Springs Protection Act."

15         369.403  Legislative intent.--

16         (1)  The Legislature recognizes that the springs in

17  this state are a precious and fragile natural resource that

18  must be protected. Florida's springs provide recreational

19  opportunities for swimmers, canoeists, wildlife watchers, and

20  cave divers. Because of these recreational opportunities and

21  accompanying tourism, many of the state's springs provide

22  great financial benefits to local economies. In addition,

23  springs provide critical habitat for numerous endangered or

24  threatened species of plants and animals and serve as

25  indicators of the quality of groundwater resources in general.

26         (2)  The Legislature recognizes that a spring is only

27  as healthy as its springshed. The groundwater that supplies

28  springs is recharged by seepage from the surface and through

29  direct conduits such as sinkholes. As a result, the health of

30  spring systems is directly influenced by activities and land

31  uses within the springshed.

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    Florida Senate - 2007                                  SB 2636
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 1         (3)  The Legislature recognizes that several of the

 2  springs in this state have experienced a decrease in spring

 3  flow from historic levels. The Department of Environmental

 4  Protection has determined through bioassessments that numerous

 5  springs, including Crystal Springs, DeLeon Springs, Fanning

 6  Springs, Lithia Springs, Manatee Springs, Rainbow Springs,

 7  Silver Springs, Wakulla Springs, Weeki Wachee Springs, and

 8  Wekiwa Springs, have elevated nutrient concentrations.

 9  Elevated nutrient concentrations may result from nitrogen

10  loading in the springshed and can lead to an increase in the

11  growth of nuisance plants and algae, which changes the

12  aesthetic qualities and natural ecology of the springs and

13  decreases the clarity of spring water.

14         (4)  The Legislature recognizes that standards in this

15  state for regulating nutrient concentrations in groundwater

16  are based on criteria designed to protect human health and

17  therefore are insufficient to protect the biological and

18  ecological integrity of the state's springs.

19         (5)  The Legislature recognizes that springsheds and

20  areas of high vulnerability within springsheds are not clearly

21  delineated and that in order to adequately protect springs,

22  the springsheds must be delineated and characterized using the

23  best available data.

24         (6)  The Legislature recognizes that because

25  springsheds cross local government jurisdictional boundaries,

26  a coordinated, statewide spring-protection plan is required.

27         (7)  It is the intent of the Legislature that each

28  local government having one or more springsheds within its

29  jurisdiction emphasize the importance of this state resource

30  in the local government's planning and regulation efforts.

31  

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    Florida Senate - 2007                                  SB 2636
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 1         (8)  It is the intent of the Legislature that future

 2  amendments to comprehensive plans adopted by a local

 3  government, the jurisdiction of which is within the

 4  springsheds of Wakulla Springs, Ichetucknee Springs, Rainbow

 5  Springs, or Volusia Blue Springs, include land development

 6  regulations that protect the water quantity and quality of

 7  those springs. It is the intent of the Legislature that state

 8  agencies and the water management districts work together with

 9  local governments to provide the data necessary to delineate

10  springsheds and primary protection zones and to develop

11  adequate comprehensive plans and land development regulations

12  to protect the springs of this state.

13         369.405  Definitions.--As used in this part, the term:

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

15  Protection, which includes the Florida Geological Survey.

16         (2)  "Karst features" means physical features in

17  limestone, such as sinkholes, depressions, and solution tubes,

18  which act as conduits in reducing the travel time of water

19  through limestone as compared to soil or limestone that lacks

20  karst features.

21         (3)  "Local comprehensive plan" means a comprehensive

22  plan adopted pursuant to ss. 163.3164-163.3215.

23         (4)  "Local government" means a local government the

24  jurisdictional boundaries of which include Wakulla Springs,

25  Ichetucknee Springs, Rainbow Springs, or Volusia Blue Springs,

26  or any part of a delineated springshed and primary protection

27  zone for Wakulla Springs, Ichetucknee Springs, Rainbow

28  Springs, or Volusia Blue Springs as established under s.

29  369.407.

30         (5)  "Primary protection zone" means the geographic

31  area within a springshed delineated by a water management

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    Florida Senate - 2007                                  SB 2636
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 1  district under s. 369.407 which, because of its proximity to a

 2  spring, its karst features, or both, contributes most directly

 3  to the water quantity and quality of the spring.

 4         (6)  "Spring" means a point where groundwater is

 5  discharged onto the earth's surface, including under any

 6  surface water of the state, excluding seeps. The term includes

 7  a spring run.

 8         (7)  "Spring run" means a body of flowing water that

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

10  from a spring or springs under average rainfall conditions.

11         (8)  "Springshed" means those areas within the

12  groundwater and surface water basins which contribute to the

13  discharge of a spring.

14         (9)  "Travel time" means the time required for

15  groundwater to travel horizontally, vertically, or in a

16  combination thereof to the point at which it is discharged

17  from the ground and contributes to the flow of a spring or

18  spring run.

19         369.407  Delineation of springsheds and primary

20  protection zones.--

21         (1)  Each jurisdictional water management district, in

22  cooperation with the Florida Geological Survey and other

23  authorities, shall delineate springsheds and primary

24  protection zones for Wakulla Springs, Ichetucknee Springs,

25  Rainbow Springs, or Volusia Blue Springs, as applicable, using

26  the best available data from the water management district,

27  the Florida Geological Survey, and other credible sources. The

28  delineation of primary protection zones shall be based on a

29  consideration of the following:

30         (a)  Proximity of the primary protection zone to the

31  spring;

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    Florida Senate - 2007                                  SB 2636
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 1         (b)  Travel time;

 2         (c)  Proximity of the primary protection zone to karst

 3  features;

 4         (d)  Other hydrogeologic characteristics of the

 5  delineated springshed such as the nature and extent of

 6  confining units within the groundwater flow system and the

 7  location of areas identified as recharge areas;

 8         (e)  Areas that contribute surface water drainage or

 9  overland flow to the spring and its surrounding area;

10         (f)  Data from the Florida Aquifer Vulnerability

11  Analysis; and

12         (g)  Other objective and credible data.

13         (2)  The delineation of springsheds and primary

14  protection zones shall be completed by July 1, 2008.

15         (3)  Each jurisdictional water management district

16  shall adopt by rule, pursuant to ss. 120.536(1) and 120.54,

17  maps that delineate the springsheds and primary protection

18  zones for Wakulla Springs, Ichetucknee Springs, Rainbow

19  Springs, and Volusia Springs, as applicable.

20         369.409  Review and amendment of local comprehensive

21  plans to protect spring water quantity and quality.--

22         (1)  Within 1 year after a water management district

23  adopts, by final rule, a delineation of a springshed and

24  primary protection zone as required under s. 369.407, each

25  local government shall, as part of its evaluation and

26  appraisal report required under s. 163.3191, review its local

27  comprehensive plan and recommend amendments to the

28  comprehensive plan to ensure that the plan contains goals,

29  objectives, and policies that result in the protection of the

30  quantity and quality of water discharged from Wakulla Springs,

31  

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    Florida Senate - 2007                                  SB 2636
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 1  Ichetucknee Springs, Rainbow Springs, or Volusia Blue Springs,

 2  as applicable.

 3         (2)  After considering the recommendations in the

 4  evaluation and appraisal report, each local government shall

 5  adopt measures to ensure that the cumulative effects of

 6  development within its jurisdiction do not affect the quantity

 7  or quality of groundwater recharge within the delineated

 8  springshed and primary protection zone to such a degree that

 9  spring nutrient concentrations exceed the level of such

10  concentrations on July 1, 2007.

11         369.411  Establishment and implementation of total

12  maximum daily loads of nutrients for Wakulla, Ichetucknee,

13  Rainbow, and Volusia Blue Springs.--

14         (1)  For purposes of implementing s. 369.409, by July

15  1, 2010, the department shall, pursuant to s. 403.067,

16  establish and implement total maximum daily loads of nutrients

17  for Wakulla, Ichetucknee, Rainbow, and Volusia Blue Springs.

18         (2)  In establishing and implementing the total maximum

19  daily loads of nutrients for the springs, the department, or

20  the department in conjunction with the appropriate water

21  management district, shall develop a watershed or basin

22  management plan, as specified in s. 403.067(7), which

23  addresses the protection of springshed water quantity and

24  quality.

25         (3)  The establishment and implementation of total

26  maximum daily loads of nonagricultural, nonpoint pollutant

27  sources of nutrients shall include the reasonable and

28  equitable allocation of the total maximum daily loads to each

29  local government authorized to control activities affecting

30  the quality or quantity of water in the spring.

31  

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 1         (4)  The total maximum daily loads of nutrients shall

 2  be established at levels that:

 3         (a)  Protect, maintain, or, if necessary, restore the

 4  clarity of the spring water;

 5         (b)  Prevent the growth of nuisance plants and algae;

 6  and

 7         (c)  Protect, maintain, or, if necessary, restore the

 8  habitat and biodiversity of the ecosystems of the spring,

 9  including the abundance and diversity of plants,

10  macroinvertebrates, and vertebrates.

11         369.413  Prohibited land uses within delineated

12  springsheds and primary protection zones.--The following land

13  uses are prohibited within delineated springsheds and primary

14  protection zones:

15         (1)  New municipal and industrial wastewater disposal

16  systems;

17         (2)  New landfills;

18         (3)  New conventional septic systems, except that

19  nitrogen-removal systems are permitted;

20         (4)  New rapid-infiltration basins;

21         (5)  New facilities for the transfer, storage, or

22  disposal of hazardous waste;

23         (6)  New dairy waste discharge;

24         (7)  New limerock mines; and

25         (8)  Land application of wastewater and septic tank

26  residuals.

27  

28  Each jurisdictional water management district shall require

29  and enforce water conservation technology and methods and

30  shall protect the historic flow of Wakulla Springs,

31  

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    Florida Senate - 2007                                  SB 2636
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 1  Ichetucknee Springs, Rainbow Springs, or Volusia Blue Springs,

 2  as applicable.

 3         Section 2.  This act shall take effect July 1, 2007.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Creates the Florida Springs Protection Act. Requires the
      water management districts having jurisdiction over
 8    Wakulla Springs, Ichetucknee Springs, Rainbow Springs,
      and Volusia Blue Springs to delineate springsheds and
 9    primary protection zones for those springs by July 1,
      2008. Requires the water management districts to adopt by
10    rule maps of the springsheds and primary protection
      zones. Requires each local government having jurisdiction
11    over an area within a springshed or primary protection
      zone to review its local comprehensive plan and adopt
12    measures ensuring that spring nutrient concentrations do
      not increase above current levels. Requires the
13    Department of Environmental Protection to establish and
      implement total maximum daily loads for each of the
14    springs. Prohibits certain land uses within the
      springsheds and primary protection zones. Requires that
15    the water management districts protect the historic flow
      of the water in Wakulla Springs, Ichetucknee Springs,
16    Rainbow Springs, and Volusia Blue Springs.

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