| 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 |
|