1 | Representative Kreegel offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Subsections (7) and (8) of section 403.067, |
6 | Florida Statutes, are amended, present subsections (9) through |
7 | (12) are renumbered as sections (11) through (14), respectively, |
8 | and new subsections (8) and (10) are added to that section, to |
9 | read: |
10 | 403.067 Establishment and implementation of total maximum |
11 | daily loads.-- |
12 | (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND |
13 | IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- |
14 | (a) Basin management action plans.-- |
15 | 1. In developing and implementing the total maximum daily |
16 | load for a water body, the department, or the department in |
17 | conjunction with a water management district, may develop a |
18 | basin management action plan that addresses some or all of the |
19 | watersheds and basins tributary to the water body. Such a plan |
20 | must shall integrate the appropriate management strategies |
21 | available to the state through existing water quality protection |
22 | programs to achieve the total maximum daily loads and may |
23 | provide for phased implementation of these management strategies |
24 | to promote timely, cost-effective actions as provided for in s. |
25 | 403.151. The plan must shall establish a schedule for |
26 | implementing the management strategies, establish a basis for |
27 | evaluating the plan's effectiveness, and identify feasible |
28 | funding strategies for implementing the plan's management |
29 | strategies. The management strategies may include regional |
30 | treatment systems or other public works, where appropriate, and, |
31 | in the basin listed in subsection (10) for which a basin |
32 | management action plan has been adopted, voluntary trading of |
33 | water quality credits to achieve the needed pollutant load |
34 | reductions. |
35 | 2. A basin management action plan must shall equitably |
36 | allocate, pursuant to paragraph (6)(b), pollutant reductions to |
37 | individual basins, as a whole to all basins, or to each |
38 | identified point source or category of nonpoint sources, as |
39 | appropriate. For nonpoint sources for which best management |
40 | practices have been adopted, the initial requirement specified |
41 | by the plan must shall be those practices developed pursuant to |
42 | paragraph (c). Where appropriate, the plan may take into account |
43 | the benefits of provide pollutant load reduction achieved by |
44 | point or nonpoint sources credits to dischargers that have |
45 | implemented management strategies to reduce pollutant loads, |
46 | including best management practices, prior to the development of |
47 | the basin management action plan. The plan must shall also |
48 | identify the mechanisms that will address by which potential |
49 | future increases in pollutant loading will be addressed. |
50 | 3. The basin management action planning process is |
51 | intended to involve the broadest possible range of interested |
52 | parties, with the objective of encouraging the greatest amount |
53 | of cooperation and consensus possible. In developing a basin |
54 | management action plan, the department shall assure that key |
55 | stakeholders, including, but not limited to, applicable local |
56 | governments, water management districts, the Department of |
57 | Agriculture and Consumer Services, other appropriate state |
58 | agencies, local soil and water conservation districts, |
59 | environmental groups, regulated interests, and affected |
60 | pollution sources, are invited to participate in the process. |
61 | The department shall hold at least one public meeting in the |
62 | vicinity of the watershed or basin to discuss and receive |
63 | comments during the planning process and shall otherwise |
64 | encourage public participation to the greatest practicable |
65 | extent. Notice of the public meeting must shall be published in |
66 | a newspaper of general circulation in each county in which the |
67 | watershed or basin lies not less than 5 days nor more than 15 |
68 | days before the public meeting. A basin management action plan |
69 | shall not supplant or otherwise alter any assessment made under |
70 | subsection (3) or subsection (4) or any calculation or initial |
71 | allocation. |
72 | 4. The department shall adopt all or any part of a basin |
73 | management action plan and any amendment to such plan by |
74 | secretarial order pursuant to chapter 120 to implement the |
75 | provisions of this section. |
76 | 5. The basin management action plan must shall include |
77 | milestones for implementation and water quality improvement, and |
78 | an associated water quality monitoring component sufficient to |
79 | evaluate whether reasonable progress in pollutant load |
80 | reductions is being achieved over time. An assessment of |
81 | progress toward these milestones shall be conducted every 5 |
82 | years, and revisions to the plan shall be made as appropriate. |
83 | Revisions to the basin management action plan shall be made by |
84 | the department in cooperation with basin stakeholders. Revisions |
85 | to the management strategies required for nonpoint sources must |
86 | shall follow the procedures set forth in subparagraph (c)4. |
87 | Revised basin management action plans must shall be adopted |
88 | pursuant to subparagraph 4. |
89 | 6. In accordance with procedures adopted by rule under |
90 | paragraph (9)(c), basin management action plans may allow point |
91 | or nonpoint sources that will achieve greater pollutant |
92 | reductions than required by an adopted total maximum load or |
93 | wasteload allocation to generate, register, and trade water |
94 | quality credits for the excess reductions to enable other |
95 | sources to achieve their allocation; however, the generation of |
96 | water quality credits does not remove the obligation of a source |
97 | or activity to meet applicable technology requirements or |
98 | adopted best management practices. Such plans must allow trading |
99 | between NPDES permittees, and trading that may or may not |
100 | involve NPDES permittees, where the generation or use of the |
101 | credits involve an entity or activity not subject to department |
102 | water discharge permits whose owner voluntarily elects to obtain |
103 | department authorization for the generation and sale of credits. |
104 | 7. The provisions of the department's rule relating to the |
105 | equitable abatement of pollutants into surface waters shall not |
106 | be applied to water bodies or water body segments for which a |
107 | basin management plan that takes into account future new or |
108 | expanded activities or discharges has been adopted under this |
109 | section. |
110 | (b) Total maximum daily load implementation.-- |
111 | 1. The department shall be the lead agency in coordinating |
112 | the implementation of the total maximum daily loads through |
113 | existing water quality protection programs. Application of a |
114 | total maximum daily load by a water management district must |
115 | shall be consistent with this section and shall not require the |
116 | issuance of an order or a separate action pursuant to s. |
117 | 120.536(1) or s. 120.54 for the adoption of the calculation and |
118 | allocation previously established by the department. Such |
119 | programs may include, but are not limited to: |
120 | a. Permitting and other existing regulatory programs, |
121 | including water-quality-based effluent limitations; |
122 | b. Nonregulatory and incentive-based programs, including |
123 | best management practices, cost sharing, waste minimization, |
124 | pollution prevention, agreements established pursuant to s. |
125 | 403.061(21), and public education; |
126 | c. Other water quality management and restoration |
127 | activities, for example surface water improvement and management |
128 | plans approved by water management districts or basin management |
129 | action plans developed pursuant to this subsection; |
130 | d. Trading of water quality credits Pollutant trading or |
131 | other equitable economically based agreements; |
132 | e. Public works including capital facilities; or |
133 | f. Land acquisition. |
134 | 2. For a basin management action plan adopted pursuant to |
135 | paragraph (a) subparagraph (a)4., any management strategies and |
136 | pollutant reduction requirements associated with a pollutant of |
137 | concern for which a total maximum daily load has been developed, |
138 | including effluent limits set forth for a discharger subject to |
139 | NPDES permitting, if any, must shall be included in a timely |
140 | manner in subsequent NPDES permits or permit modifications for |
141 | that discharger. The department shall not impose limits or |
142 | conditions implementing an adopted total maximum daily load in |
143 | an NPDES permit until the permit expires, the discharge is |
144 | modified, or the permit is reopened pursuant to an adopted basin |
145 | management action plan, unless required by federal law or |
146 | regulation. |
147 | a. Absent a detailed allocation, total maximum daily loads |
148 | shall be implemented through NPDES permit conditions that |
149 | provide for afford a compliance schedule. In such instances, a |
150 | facility's NPDES permit must shall allow time for the issuance |
151 | of an order adopting the basin management action plan. The time |
152 | allowed for the issuance of an order adopting the plan shall not |
153 | exceed 5 years. Upon issuance of an order adopting the plan, the |
154 | permit must shall be reopened or renewed, as necessary, and |
155 | permit conditions consistent with the plan must shall be |
156 | established. Notwithstanding the other provisions of this |
157 | subparagraph, upon request by a NPDES permittee, the department |
158 | as part of a permit issuance, renewal, or modification may |
159 | establish individual allocations prior to the adoption of a |
160 | basin management action plan. |
161 | b. For holders of NPDES municipal separate storm sewer |
162 | system permits and other stormwater sources, implementation of a |
163 | total maximum daily load or basin management action must plan |
164 | shall be achieved, to the maximum extent practicable, through |
165 | the use of best management practices or other management |
166 | measures. |
167 | c. The basin management action plan does not relieve the |
168 | discharger from any requirement to obtain, renew, or modify an |
169 | NPDES permit or to abide by other requirements of the permit. |
170 | d. Management strategies set forth in a basin management |
171 | action plan to be implemented by a discharger subject to |
172 | permitting by the department must shall be completed pursuant to |
173 | the schedule set forth in the basin management action plan. This |
174 | implementation schedule may extend beyond the 5-year term of an |
175 | NPDES permit. |
176 | e. Management strategies and pollution reduction |
177 | requirements set forth in a basin management action plan for a |
178 | specific pollutant of concern shall not be subject to challenge |
179 | under chapter 120 at the time they are incorporated, in an |
180 | identical form, into a subsequent NPDES permit or permit |
181 | modification. |
182 | f. For nonagricultural pollutant sources not subject to |
183 | NPDES permitting but permitted pursuant to other state, |
184 | regional, or local water quality programs, the pollutant |
185 | reduction actions adopted in a basin management action plan |
186 | shall be implemented to the maximum extent practicable as part |
187 | of those permitting programs. |
188 | g. A nonpoint source discharger included in a basin |
189 | management action plan must shall demonstrate compliance with |
190 | the pollutant reductions established under pursuant to |
191 | subsection (6) by either implementing the appropriate best |
192 | management practices established pursuant to paragraph (c) or |
193 | conducting water quality monitoring prescribed by the department |
194 | or a water management district. A nonpoint source discharger |
195 | may, in accordance with department rules, supplement the |
196 | implementation of best-management practices with water quality |
197 | credit trades in order to demonstrate compliance with the |
198 | pollutant reductions established under subsection (6). |
199 | h. A nonpoint source discharger included in a basin |
200 | management action plan may be subject to enforcement action by |
201 | the department or a water management district based upon a |
202 | failure to implement the responsibilities set forth in sub- |
203 | subparagraph g. |
204 | i. A landowner, discharger, or other responsible person |
205 | who is implementing applicable management strategies specified |
206 | in an adopted basin management action plan shall not be required |
207 | by permit, enforcement action, or otherwise to implement |
208 | additional management strategies to reduce pollutant loads to |
209 | attain the pollutant reductions established pursuant to |
210 | subsection (6) and shall be deemed to be in compliance with this |
211 | section. This subparagraph does not limit the authority of the |
212 | department to amend a basin management action plan as specified |
213 | in subparagraph (a)5. |
214 | (c) Best management practices.-- |
215 | 1. The department, in cooperation with the water |
216 | management districts and other interested parties, as |
217 | appropriate, may develop suitable interim measures, best |
218 | management practices, or other measures necessary to achieve the |
219 | level of pollution reduction established by the department for |
220 | nonagricultural nonpoint pollutant sources in allocations |
221 | developed pursuant to subsection (6) and this subsection. These |
222 | practices and measures may be adopted by rule by the department |
223 | and the water management districts pursuant to ss. 120.536(1) |
224 | and 120.54, and, where adopted by rule, shall be implemented by |
225 | those parties responsible for nonagricultural nonpoint source |
226 | pollution. |
227 | 2. The Department of Agriculture and Consumer Services may |
228 | develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 |
229 | suitable interim measures, best management practices, or other |
230 | measures necessary to achieve the level of pollution reduction |
231 | established by the department for agricultural pollutant sources |
232 | in allocations developed pursuant to subsection (6) and this |
233 | subsection or for programs implemented pursuant to paragraph |
234 | (13)(b) (11)(b). These practices and measures may be implemented |
235 | by those parties responsible for agricultural pollutant sources |
236 | and the department, the water management districts, and the |
237 | Department of Agriculture and Consumer Services shall assist |
238 | with implementation. In the process of developing and adopting |
239 | rules for interim measures, best management practices, or other |
240 | measures, the Department of Agriculture and Consumer Services |
241 | shall consult with the department, the Department of Health, the |
242 | water management districts, representatives from affected |
243 | farming groups, and environmental group representatives. Such |
244 | rules must shall also incorporate provisions for a notice of |
245 | intent to implement the practices and a system to assure the |
246 | implementation of the practices, including recordkeeping |
247 | requirements. |
248 | 3. Where interim measures, best management practices, or |
249 | other measures are adopted by rule, the effectiveness of such |
250 | practices in achieving the levels of pollution reduction |
251 | established in allocations developed by the department pursuant |
252 | to subsection (6) and this subsection or in programs implemented |
253 | pursuant to paragraph (13)(b) must (11)(b) shall be verified at |
254 | representative sites by the department. The department shall use |
255 | best professional judgment in making the initial verification |
256 | that the best management practices are reasonably expected to be |
257 | effective and, where applicable, must shall notify the |
258 | appropriate water management district or the Department of |
259 | Agriculture and Consumer Services of its initial verification |
260 | before prior to the adoption of a rule proposed pursuant to this |
261 | paragraph. Implementation, in accordance with rules adopted |
262 | under this paragraph, of practices that have been initially |
263 | verified to be effective, or verified to be effective by |
264 | monitoring at representative sites, by the department, shall |
265 | provide a presumption of compliance with state water quality |
266 | standards and release from the provisions of s. 376.307(5) for |
267 | those pollutants addressed by the practices, and the department |
268 | is not authorized to institute proceedings against the owner of |
269 | the source of pollution to recover costs or damages associated |
270 | with the contamination of surface water or groundwater caused by |
271 | those pollutants. Research projects funded by the department, a |
272 | water management district, or the Department of Agriculture and |
273 | Consumer Services to develop or demonstrate interim measures or |
274 | best management practices shall be granted a presumption of |
275 | compliance with state water quality standards and a release from |
276 | the provisions of s. 376.307(5). The presumption of compliance |
277 | and release is shall be limited to the research site and only |
278 | for those pollutants addressed by the interim measures or best |
279 | management practices. Eligibility for the presumption of |
280 | compliance and release is shall be limited to research projects |
281 | on sites where the owner or operator of the research site and |
282 | the department, a water management district, or the Department |
283 | of Agriculture and Consumer Services have entered into a |
284 | contract or other agreement that, at a minimum, specifies the |
285 | research objectives, the cost-share responsibilities of the |
286 | parties, and a schedule that details the beginning and ending |
287 | dates of the project. |
288 | 4. Where water quality problems are demonstrated, despite |
289 | the appropriate implementation, operation, and maintenance of |
290 | best management practices and other measures required by |
291 | according to rules adopted under this paragraph, the department, |
292 | a water management district, or the Department of Agriculture |
293 | and Consumer Services, in consultation with the department, |
294 | shall institute a reevaluation of the best management practice |
295 | or other measure. Should the reevaluation determine that the |
296 | best management practice or other measure requires modification, |
297 | the department, a water management district, or the Department |
298 | of Agriculture and Consumer Services, as appropriate, shall |
299 | revise the rule to require implementation of the modified |
300 | practice within a reasonable time period as specified in the |
301 | rule. |
302 | 5. Agricultural records relating to processes or methods |
303 | of production, costs of production, profits, or other financial |
304 | information held by the Department of Agriculture and Consumer |
305 | Services pursuant to subparagraphs 3. and 4. or pursuant to any |
306 | rule adopted pursuant to subparagraph 2. are confidential and |
307 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
308 | Constitution. Upon request, records made confidential and exempt |
309 | pursuant to this subparagraph shall be released to the |
310 | department or any water management district provided that the |
311 | confidentiality specified by this subparagraph for such records |
312 | is maintained. |
313 | 6. The provisions of subparagraphs 1. and 2. do shall not |
314 | preclude the department or water management district from |
315 | requiring compliance with water quality standards or with |
316 | current best management practice requirements set forth in any |
317 | applicable regulatory program authorized by law for the purpose |
318 | of protecting water quality. Additionally, subparagraphs 1. and |
319 | 2. are applicable only to the extent that they do not conflict |
320 | with any rules adopted by the department that are necessary to |
321 | maintain a federally delegated or approved program. |
322 | (8) WATER QUALITY CREDIT TRADING.-- |
323 | (a) Water quality credit trading must be consistent with |
324 | federal law and regulation. |
325 | (b) Water quality credit trading must be implemented |
326 | through permits, including water quality credit trading permits, |
327 | other authorizations, or other legally binding agreements as |
328 | established by department rule. |
329 | (c) The department shall establish the pollutant load- |
330 | reduction value of water quality credits and shall be |
331 | responsible for authorizing their use. |
332 | (d) A person that acquires water quality credits ("buyer") |
333 | shall timely submit to the department an affidavit, signed by |
334 | the buyer and the credit generator ("seller"), disclosing the |
335 | term of acquisition, number of credits, unit credit price paid, |
336 | and any state funding received for the facilities or activities |
337 | that generate the credits. The department shall not participate |
338 | in the establishment of credit prices. |
339 | (e) Sellers of water quality credits are responsible for |
340 | achieving the load reductions on which the credits are based and |
341 | complying with the terms of the department authorization and any |
342 | trading agreements into which they may have entered. |
343 | (f) Buyers of water quality credits are responsible for |
344 | complying with the terms of the department water discharge |
345 | permit. |
346 | (g) The department shall take appropriate action to |
347 | address the failure of a credit seller to fulfill its |
348 | obligations, including, as necessary, deeming the seller's |
349 | credits invalid if the seller cannot achieve the load reductions |
350 | on which the credits were based in a reasonable time. If the |
351 | department determines duly acquired water quality credits to be |
352 | invalid, in whole or in part, thereby causing the credit buyer |
353 | to be unable to timely meet its pollutant-reduction obligations |
354 | under this section, the department shall issue an order |
355 | establishing the actions required of the buyer to meet its |
356 | obligations by alternative means and a reasonable schedule for |
357 | completing the actions. The invalidation of credits shall not |
358 | itself constitute a violation of the buyer's water discharge |
359 | permit. |
360 | (9)(8) RULES.--The department is authorized to adopt rules |
361 | pursuant to ss. 120.536(1) and 120.54 for: |
362 | (a) Delisting water bodies or water body segments from the |
363 | list developed under subsection (4) pursuant to the guidance |
364 | under subsection (5).; |
365 | (b) Administering Administration of funds to implement the |
366 | total maximum daily load and basin management action planning |
367 | programs.; |
368 | (c) Water quality credit Procedures for pollutant trading |
369 | among the pollutant sources to a water body or water body |
370 | segment. By September 1, 2008, rulemaking must be initiated |
371 | which provides for the following:, including a mechanism for the |
372 | issuance and tracking of pollutant credits. Such procedures may |
373 | be implemented through permits or other authorizations and must |
374 | be legally binding. Prior to adopting rules for pollutant |
375 | trading under this paragraph, and no later than November 30, |
376 | 2006, the Department of Environmental Protection shall submit a |
377 | report to the Governor, the President of the Senate, and the |
378 | Speaker of the House of Representatives containing |
379 | recommendations on such rules, including the proposed basis for |
380 | equitable economically based agreements and the tracking and |
381 | accounting of pollution credits or other similar mechanisms. |
382 | Such recommendations shall be developed in cooperation with a |
383 | technical advisory committee that includes experts in pollutant |
384 | trading and representatives of potentially affected parties; |
385 | 1. The process to be used to determine how credits are |
386 | generated, quantified, and validated. |
387 | 2. A publicly accessible water quality credit trading |
388 | registry that tracks water quality credits, trading activities, |
389 | and prices paid for credits. |
390 | 3. Limitations on the availability and use of water |
391 | quality credits, including a list of eligible pollutants or |
392 | parameters and minimum water quality requirements and, where |
393 | appropriate, adjustments to reflect best-management practice |
394 | performance uncertainties and water-segment-specific location |
395 | factors. |
396 | 4. The timing and duration of credits and allowance for |
397 | credit transferability. |
398 | 5. Mechanisms for determining and ensuring compliance with |
399 | trading procedures, including recordkeeping, monitoring, |
400 | reporting, and inspections. |
401 |
|
402 | At the time of publication of the draft rules on water quality |
403 | credit trading, the department shall submit a copy to the United |
404 | States Environmental Protection Agency for review. |
405 | (d) The total maximum daily load calculation in accordance |
406 | with paragraph (6)(a) immediately upon the effective date of |
407 | this act, for those eight water segments within Lake Okeechobee |
408 | proper as submitted to the United States Environmental |
409 | Protection Agency pursuant to subsection (2).;and |
410 | (e) Implementation of other specific provisions. |
411 | (10) Water quality credit trading shall be limited to the |
412 | Lower St. Johns River Basin, as defined by the department, as a |
413 | pilot project. The department may authorize water quality credit |
414 | trading and establish specific requirements for trading in the |
415 | adopted basin management action plan for the Lower St. Johns |
416 | River Basin prior to the adoption of rules under paragraph |
417 | (9)(c) in order to effectively implement the pilot project. |
418 | Entities that participate in water quality credit trades shall |
419 | timely report to the department the prices for credits, how the |
420 | prices were determined, and any state funding received for the |
421 | facilities or activities that generated the credits. The |
422 | department shall not participate in the establishment of credit |
423 | prices. No later than 24 months after adoption of the basin |
424 | management action plan for the Lower St. Johns River, the |
425 | department shall submit a report to the Governor, the President |
426 | of the Senate, and the Speaker of the House of Representatives |
427 | on the effectiveness of the pilot project, including the |
428 | following information: |
429 | (a) A summary of how water quality credit trading was |
430 | implemented, including the number of pounds of pollutants |
431 | traded. |
432 | (b) A description of the individual trades and estimated |
433 | pollutant load reductions that are expected to result from each |
434 | trade. |
435 | (c) A description of any conditions placed on trades. |
436 | (d) Prices associated with the trades, as reported by the |
437 | traders. |
438 | (e) A recommendation as to whether other areas of the |
439 | state would benefit from water quality credit trading and, if |
440 | so, an identification of the statutory changes necessary to |
441 | expand the scope of trading. |
442 | Section 2. Paragraphs (e) and (f) of subsection (2) of |
443 | section 403.088, Florida Statutes, are amended to read: |
444 | 403.088 Water pollution operation permits; conditions.-- |
445 | (2) |
446 | (e) However, if the discharge will not meet permit |
447 | conditions or applicable statutes and rules, the department may |
448 | issue, renew, revise, or reissue the operation permit if: |
449 | 1. The applicant is constructing, installing, or placing |
450 | into operation, or has submitted plans and a reasonable schedule |
451 | for constructing, installing, or placing into operation, an |
452 | approved pollution abatement facility or alternative waste |
453 | disposal system; |
454 | 2. The applicant needs permission to pollute the waters |
455 | within the state for a period of time necessary to complete |
456 | research, planning, construction, installation, or operation of |
457 | an approved and acceptable pollution abatement facility or |
458 | alternative waste disposal system; |
459 | 3. There is no present, reasonable, alternative means of |
460 | disposing of the waste other than by discharging it into the |
461 | waters of the state; |
462 | 4. The granting of an operation permit will be in the |
463 | public interest; or |
464 | 5. The discharge will not be unreasonably destructive to |
465 | the quality of the receiving waters; or. |
466 | 6. A water quality credit trade that meets the |
467 | requirements of s. 403.067. |
468 | (f) A permit issued, renewed, or reissued pursuant to |
469 | paragraph (e) shall be accompanied by an order establishing a |
470 | schedule for achieving compliance with all permit conditions. |
471 | Such permit may require compliance with the accompanying order. |
472 | Section 3. This act shall take effect July 1, 2008. |
473 |
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474 |
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475 | ----------------------------------------------------- |
476 | T I T L E A M E N D M E N T |
477 | Remove the entire title and insert: |
478 | A bill to be entitled |
479 | An act relating to water pollution control; amending s. 403.067, |
480 | F.S.; providing requirements for basin management action plans; |
481 | allowing such plans to take into account the benefits of |
482 | pollutant load reduction achieved by point or nonpoint sources, |
483 | where appropriate; requiring that the Department of |
484 | Environmental Protection adopt all or part of any such plan, or |
485 | any amendment thereto, by secretarial order as provided by state |
486 | law; providing that the provisions of the department's rule |
487 | relating to the equitable abatement of pollutants into surface |
488 | waters may not be applied to water bodies or water body segments |
489 | for which a basin management plan that takes into account future |
490 | or new expanded activities or discharges has been adopted; |
491 | authorizing water quality protection programs to include the |
492 | trading of water quality credits; authorizing the department to |
493 | adopt rules related to the trading of water quality credits; |
494 | requiring that such rulemaking include certain provisions; |
495 | specifying that a water quality credit trading pilot project be |
496 | limited to the Lower St. Johns River Basin as a pilot project; |
497 | requiring that the department provide the Legislature with an |
498 | annual report regarding the effectiveness of the pilot project; |
499 | providing report requirements; providing that the department may |
500 | authorize and establish specific requirements for water quality |
501 | credit trading as part of the Lower St. Johns River Basin |
502 | adopted basin management action plan; correcting cross- |
503 | references to conform to changes made by the act; amending s. |
504 | 403.088, F.S.; authorizing the department to revise a water |
505 | pollution operation permit under certain circumstances; |
506 | authorizing the department to issue, renew, or reissue such a |
507 | permit if a water quality credit trade meets the requirements of |
508 | 403.067, F.S.; requiring that revised permits be accompanied by |
509 | an order establishing a schedule for achieving compliance with |
510 | all permit conditions; providing an effective date. |
511 |
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