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A bill to be entitled

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An act relating to the protection of springs; creating

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part IV of ch. 369, F.S.; providing a short title;

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providing legislative findings and intent with respect to

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the need to protect and restore springs and groundwater;

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providing definitions; requiring the Department of

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Environmental Protection to delineate the springsheds of

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specified springs; requiring the department to adopt

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spring protection zones by secretarial order; requiring

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that the department adopt total maximum daily loads and

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basin management action plans; providing effluent

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requirements for domestic wastewater treatment facilities;

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providing requirements for onsite sewage treatment and

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disposal systems; providing requirements for agricultural

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operations; authorizing the Department of Environmental

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Protection, the Department of Health, and the Department

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of Agriculture and Consumer Services to adopt rules;

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amending s. 163.3177, F.S.; requiring certain local

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governments to adopt a springs protection element as one

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of the required elements of the comprehensive plan by a

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specified date; providing that certain design principles

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be included in the element; requiring the Department of

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Environmental Protection and the state land planning

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agency to make information available concerning best-

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management practices; prohibiting a local government that

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fails to adopt a springs protection element from amending

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its comprehensive plan; amending s. 403.1835, F.S.;

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including certain areas of critical state concern and the

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spring protection zones established by the act among

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projects that are eligible for certain financial

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assistance; requiring the Department of Environmental

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Protection, the Department of Agriculture and Consumer

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Services, the St. Johns River Water Management District,

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and the Southwest Florida Water Management District to

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assess nitrogen loading and begin implementing management

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plans within the spring protection zones by a specified

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date; providing an effective date.

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

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

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consisting of sections 369.401, 369.402, 369.403, 369.404,

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369.405, 369.406, and 369.407, is created to read:

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     396.401 Short title.--This part may be cited as the

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"Florida Springs Protection Act."

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     369.402 Legislative findings and intent.--The Legislature

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finds that:

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     (1) Florida's springs are a precious and fragile natural

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resource that must be protected. Springs provide recreational

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opportunities for swimmers, canoeists, wildlife watchers, cave

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divers, and others. Because of the recreational opportunities and

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accompanying tourism, many of the state's springs greatly benefit

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state and local economies. In addition, springs provide critical

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habitat for plants and animals, including many endangered or

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threatened species, and serve as indicators of groundwater and

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surface water quality.

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     (2) In general, Florida's springs, whether found in urban

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or rural settings, or on public or private lands, are threatened

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by actual, or potential, flow reductions and declining water

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quality. Many of Florida's springs show signs of ecological

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imbalance, increased nutrient loading, and lowered water flow.

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The groundwater sources of spring discharges are recharged by

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seepage from the surface and through direct conduits such as

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sinkholes and can be adversely affected by polluted runoff from

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urban and agricultural lands and discharges resulting from poor

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wastewater management practices.

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     (3) Springs and groundwater can be restored through good

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stewardship, including effective planning strategies, best-

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management practices, and the appropriate regulatory programs to

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preserve and protect the springs and their springsheds.

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     (4) It is the intent of the Legislature to establish a

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pilot program for the protection of Rainbow Springs and Silver

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Springs, first-magnitude springs in Marion County, which may

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serve as a model for other springs in the state.

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

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     (1) "Cooperating entities" means the Department of

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Environmental Protection, the Department of Health, the

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Department of Agriculture and Consumer Services, and the

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Department of Community Affairs. The term also includes each

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water management district and local governments and

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municipalities having jurisdiction in the areas of the springs

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identified in s. 369.404(1). These entities may vary depending on

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the timing of activities associated with any specific spring or

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spring protection zone.

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     (2) "Department" means the Department of Environmental

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Protection.

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     (3) "Estimated sewage flow" means the quantity of domestic

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and commercial wastewater in gallons per day which is expected to

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be produced by an establishment or single-family residence as

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determined by rule of the Department of Health.

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     (4) "First-magnitude spring" means a spring that has a

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median discharge of greater than or equal to 100 cubic feet per

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second for the period of record, as determined by the department.

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     (5) "Spring" means a point where groundwater is discharged

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onto the earth's surface, including under any surface water of

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the state, excluding seeps. The term includes a spring run.

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     (6) "Spring protection zone" means the area within the

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springshed that is vulnerable to contamination and that comprises

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two zones based on the travel time of groundwater and reduced

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natural attenuation of contaminants that affect the water quality

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surfacing at the spring and flowing as the spring run, as

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follows:

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     (a) "Primary protection zone," means the area within the

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springshed that encompasses the 10-year travel time for water

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discharging from the spring.

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     (b) "Secondary protection zone," means the area within the

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springshed that encompasses the 100-year travel time for water

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discharging from the spring.

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

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originates from a spring and whose primary source of water is

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from a spring or springs under average rainfall conditions.

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

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and surface water basins which contribute to the discharge of a

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spring.

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

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to travel vertically from land surface to the aquifer,

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horizontally within the aquifer, or in a combination thereof, to

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the point at which it is discharged from the ground and

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contributes to the flow of a spring or spring run.

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     (10) "Usable property" means the property exclusive of all

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paved areas and prepared road beds within public or private

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rights-of-way or easements and excludes surface water bodies.

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     369.404 Delineation of springsheds and adoption of spring

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protection zones.--

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     (1) The department, in consultation with the other

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cooperating entities, shall delineate the springsheds of the

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following springs based on accepted scientific methodologies and

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shall use this information and other scientific data necessary to

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identify spring protection zones:

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     (a) Rainbow Springs in Marion County; and

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     (b) Silver Springs in Marion County.

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     (2) By July 1, 2009, the department shall adopt the spring

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protection zones for these springs by secretarial order pursuant

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to chapter 120. The Legislature recognizes that springsheds and

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spring protection zones may extend beyond political boundaries.

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The cooperating entities shall work with affected local

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governments in developing spring protection zones and measures

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and basin management action plans that are designed to minimize

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adverse impacts to the spring protection zone, the spring, and

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the spring run.

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     369.405 Total maximum daily loads and basin management

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action plans.--Notwithstanding the assessment and listing

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requirements of s. 403.067, the department shall adopt total

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maximum daily loads and basin management action plans for the

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spring systems identified in s. 369.404.

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     (1) By July 1, 2009, the department shall propose for

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adoption total maximum daily loads, pursuant to s. 403.067(6), to

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address nitrogen concerns in the springs.

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     (2) By December 31, 2010, the department, in conjunction

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with the cooperating entities, shall propose for adoption basin

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management action plans, pursuant to s. 403.067(7), for the

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springs. In developing the basin management action plans, the

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department shall consider the need to include different actions,

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projects, and other protection measures based on the primary and

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secondary protection zones within a spring protection zone.

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     369.406 Additional spring protection measures.--The

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following measures apply within a spring protection zone adopted

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pursuant to s. 369.404:

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     (1) Domestic wastewater treatment facilities regulated

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under chapter 403 are subject to the following requirements:

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     (a) New or expanded surface water discharges are prohibited

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except as backup to a wastewater reuse system. Surface water

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discharges serving as backup to a reuse system shall be limited

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to no more than 30 percent of the permitted wastewater reuse

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capacity on an annual average basis and shall meet the advanced

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waste treatment requirements in s. 403.086(4).

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     (b) Facilities having permitted capacities greater than or

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equal to 100,000 gallons per day shall meet an annual average

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effluent concentration that shall not exceed 3 milligrams per

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liter total nitrogen. However, facilities of this permitted

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capacity which are authorized to discharge prior to the adoption

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of the applicable spring protection zone shall meet the required

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effluent concentration no later than 4 years after adoption of

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the spring protection zone.

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     (c) Facilities having permitted capacities less than

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100,000 gallons per day shall meet an annual average effluent

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concentration that shall not exceed 10 milligrams per liter total

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nitrogen, and an annual average concentration that shall not

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exceed 3 milligrams per liter total nitrogen in groundwater

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monitoring compliance wells. However, facilities of this

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permitted capacity which are authorized to discharge prior to

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adoption of the applicable spring protection zone shall meet the

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required effluent and monitoring well concentrations no later

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than 4 years after adoption of the spring protection zone.

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     (d) Land application of Class A or Class B wastewater

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residuals, as defined by department rule, within the primary

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protection zone is prohibited. This prohibition does not apply to

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Class AA residuals that are marketed and distributed as

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fertilizer products in accordance with department rule.

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This subsection does not limit the department's authority to

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require additional treatment or other actions pursuant to chapter

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403, as necessary, to meet surface and groundwater quality

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standards.

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     (2) Onsite sewage treatment and disposal systems must

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comply with the requirements of this subsection.

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     (a) By December 31, 2009, the Department of Health shall

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complete, with the assistance of the affected local government,

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an inventory of all onsite sewage treatment and disposal systems,

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as defined in s. 381.0065, which are located within the spring

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protection zone developed pursuant to s. 369.404.

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     1. It is the intent of this subsection to reduce nutrient

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loading in Florida's springs. It is not the intent of this

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subsection to prohibit onsite sewage treatment and disposal

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systems that meet the requirements of this subsection.

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     2. The Department of Health may grant variances in hardship

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cases to the provisions of this section and any rules adopted

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under this section in accordance with s. 381.0065(4)(h).

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     (b) New onsite sewage treatment and disposal systems, as

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defined in s. 381.0065, which are installed after the date of the

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adoption of the spring protection zone shall be designed to meet

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a target annual average groundwater concentration of no more than

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3 milligrams per liter total nitrogen at the owner's property

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line within the primary protection zone and no more than 10

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milligrams per liter total nitrogen at the owner's property line

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within the secondary protection zone. Compliance with these

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requirements shall not require groundwater monitoring. The

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Department of Health shall develop and adopt by rule design

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standards for achieving these target annual average groundwater

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concentrations. These standards shall, at a minimum, take into

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consideration the relationship between the treatment level

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achieved by the onsite sewage treatment and disposal system and

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the area of usable property available for rainwater dilution.

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     (c) Prior to adoption of the design standards by the

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Department of Health, compliance with the requirements in

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paragraph (b) shall be presumed if one the following conditions

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are met:

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     1. The lot associated with the establishment or a single-

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family home is served by an onsite treatment and disposal system

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meeting the baseline system standards as set forth in Department

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of Health rule, and:

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     a. The lot is located wholly or partly within the secondary

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protection zone and the ratio of estimated sewage flow in gallons

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per day to usable property in acres is 400 to 1 or less; or

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     b. Any part of the lot is located within the primary

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protection zone and the ratio of estimated sewage flow in gallons

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per day to usable property in acres is 100 to 1 or less.

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     2. The lot associated with the establishment or a single-

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family home is served by an onsite treatment and disposal system

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that is a performance-based treatment system meeting at least the

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advanced secondary treatment standards set forth in Department of

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Health rule, combined with a drip irrigation system.

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     (d) Paragraph (b) does not supersede the jurisdictional

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flow limits established by s. 381.0065(3)(b).

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     (e) All lots, regardless of plat or record date, are

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subject to the provisions of this subsection.

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     (f) Onsite sewage treatment disposal systems shall be

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evaluated and, if necessary, pumped out at the owner's expense,

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by a state-licensed septic tank contractor or plumber every 5

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years. The contractor or plumber, upon completion of the

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evaluation, shall submit an application for approval to the

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Department of Health on a form and for a fee prescribed by rule

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of the Department of Health and shall also provide a copy to the

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owner. The Department of Health shall approve the system for

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continued use or notify the owner of the requirement for a repair

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or modification permit.

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     (g) All systems requiring repair, modification, or

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reapproval shall meet a 24-inch separation from the wet season

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water table and the surface water setback requirements in s.

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381.0065(4). All treatment receptacles shall be within one size

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of the requirements in rules of the Department of Health and

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shall be tested for water-tightness by a state-licensed septic

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tank contractor or plumber.

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     (h)1. Each owner of a publicly owned or investor-owned

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sewerage system shall notify all owners of onsite sewage

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treatment and disposal systems, excluding approved graywater

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systems, of the availability of central sewerage facilities for

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purposes of connection pursuant to s. 381.00655(1) within 60 days

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following receipt of notification from the department that

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collection facilities for the central sewerage system have been

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cleared for use.

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     2.a. Notwithstanding s. 381.00655(2)(b), a publicly owned

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or investor-owned sewerage system may not waive the requirement

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for mandatory onsite sewage disposal connection to an available

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publicly owned or investor-owned sewerage system, except as

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provided in sub-subparagraph b.

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     b. A publicly owned or investor-owned sewerage system may,

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with the approval of the Department of Health, waive the

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requirement for mandatory onsite sewage disposal connection for a

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performance-based treatment system using drip irrigation or low-

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pressure dosing if it determines that such connection is not

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required in the public interest due to water quality or public

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health considerations.

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     (i) Land application of septage within the primary or

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secondary protection zones is prohibited.

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     (3) Agricultural operations shall implement applicable

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best-management practices adopted by the Department of

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Agriculture and Consumer Services to reduce nitrogen impacts to

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surface and groundwater. By December 31, 2008, the Department of

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Agriculture and Consumer Services, in cooperation with the other

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cooperating entities and other stakeholders, shall develop and

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propose for adoption by rule equine, cow and calf, and forage

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grass best-management practices to reduce nitrogen impacts on

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surface and groundwater.

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     369.407 Rules.--The department, the Department of Health,

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and the Department of Agriculture and Consumer Services may adopt

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rules pursuant to ss. 120.536(1) and 210 54 to administer the

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provisions of this part.

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     Section 2.  Paragraph (l) is added to subsection (6) of

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section 163.3177, Florida Statutes, to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (l) In areas for which a springs protection zone has been

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adopted by the Department of Environmental Protection, by

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December 31, 2009, or within 18 months after adoption of the

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springs protection zone, a springs protection element that

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ensures the protection and, where necessary, restoration of water

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quality in springs. The element shall address minimizing human

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impacts on springs through protecting karst features during and

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after the development process, ensuring future development

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follows low-impact design principles, ensuring that landscaping

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and fertilizer use are consistent with the Florida Friendly

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Landscaping program, ensuring adequate open space, and providing

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for proper management of stormwater and wastewater to minimize

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their effects on the water quality of springs. The springs

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protection element shall be based on low-impact design,

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landscaping, and fertilizer best-management and use practices and

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principles developed by the department and the state land

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planning agency, or established in rule. The department and the

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state land planning agency shall make information concerning such

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best-management and use practices and principles prominently

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available on their websites. In addition, all landscape design

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and irrigation systems shall meet the standards established

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pursuant to s. 373.228(4). Failure to adopt the springs

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protection element by the deadline specified in this paragraph

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shall result in a prohibition on any future plan amendments until

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the element is adopted.

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     Section 3.  Subsection (7) of section 403.1835, Florida

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Statutes, is amended to read:

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     403.1835  Water pollution control financial assistance.--

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     (7)  Eligible projects must be given priority according to

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the extent each project is intended to remove, mitigate, or

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prevent adverse effects on surface or groundwater quality and

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public health. The relative costs of achieving environmental and

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public health benefits must be taken into consideration during

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the department's assignment of project priorities. The department

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shall adopt a priority system by rule. In developing the priority

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system, the department shall give priority to projects that:

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     (a)  Eliminate public health hazards;

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     (b)  Enable compliance with laws requiring the elimination

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of discharges to specific water bodies;

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     (c)  Assist in the implementation of total maximum daily

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loads and basin management action plans adopted under s. 403.067;

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     (d)  Enable compliance with other pollution control

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requirements, including, but not limited to, toxics control,

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wastewater residuals management, and reduction of nutrients and

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bacteria;

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     (e)  Assist in the implementation of surface water

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improvement and management plans and pollutant load reduction

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goals developed under state water policy;

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     (f)  Promote reclaimed water reuse;

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     (g) Eliminate environmental damage caused by failing onsite

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sewage treatment and disposal systems, with priority given to

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systems located within any area designated as an area of critical

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state concern under s. 380.05 or located in a spring protection

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area adopted pursuant to s. 369.404 or those that are causing

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environmental damage; or

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     (h)  Reduce pollutants to and otherwise promote the

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restoration of Florida's surface and ground waters.

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     Section 4. The Department of Environmental Protection, the

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Department of Agriculture and Consumer Services, the St. Johns

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River Water Management District, and the Southwest Florida Water

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Management District shall assess nitrogen loading from lands

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owned or managed by each respective agency and located within a

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spring protection zone for Rainbow Springs or Silver Springs

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using a consistent methodology, evaluate existing management

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activities, and develop and begin implementing management plans

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to reduce adverse impacts to the springs no later than December

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31, 2010.

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     Section 5.  This act shall take effect upon becoming a law.