Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1514
       
       
       
       
       
       
                                Barcode 916276                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/12/2011           .                                
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       The Committee on Agriculture (Montford) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 317 and 318
    4  insert:
    5         Section 7. Section 403.08853, Florida Statutes, is created
    6  to read:
    7         403.08853 National Pollutant Discharge Elimination System
    8  permits for water management districts and local governments.—
    9         (1) Whenever any National Pollutant Discharge Elimination
   10  System permit issued pursuant to s. 403.0885 or any associated
   11  administrative order issued pursuant to s. 403.088 directly or
   12  indirectly causes a local government or water management
   13  district to incur costs in excess of $10 million to comply with
   14  one or more water-quality-based effluent limitations, the
   15  department, in consultation with the affected local government
   16  or water management district, shall conduct a use attainability
   17  analysis consistent with 40 C.F.R. s. 131.10(g). The $10 million
   18  threshold for this requirement is met if any National Pollutant
   19  Discharge Elimination System permit or associated administrative
   20  order, together with other National Pollutant Discharge
   21  Elimination System permits or administrative orders for
   22  discharges to the same water body, directly or indirectly cause
   23  compliance costs to exceed this threshold through application of
   24  related effluent limitations for the same water quality
   25  parameter.
   26         (2) The department and the water management district or
   27  local government shall present the results of the use
   28  attainability analysis at one or more public hearings before the
   29  Environmental Regulation Commission. Based on the results of the
   30  use attainability analysis and information received from the
   31  public, the Environmental Regulation Commission shall adopt
   32  appropriate relief mechanisms, including, without limitation, a
   33  temporary variance or subcategorization of use, if it determines
   34  that attainment of the designated use is not feasible based on
   35  any of the factors set forth in 40 C.F.R. s. 131.10(g).
   36         (3) Ten days before the adoption of any relief mechanism by
   37  the Environmental Regulation Commission, the department shall
   38  submit any such relief mechanism and supporting information to
   39  the United States Environmental Protection Agency for review
   40  pursuant to 33 U.S.C. s. 1313(c).
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43         And the title is amended as follows:
   44         Between lines 29 and 30
   45  insert:
   46         creating s. 403.08853, F.S.; requiring that the
   47         Department of Environmental Protection conduct a use
   48         attainability analysis if a permit issued under the
   49         National Pollutant Discharge Elimination System causes
   50         a water management district or local government to
   51         incur costs in excess of a specified amount; requiring
   52         that the results of the analysis be presented at a
   53         public hearing before the Environmental Regulation
   54         Commission; requiring that the commission adopt relief
   55         mechanisms under certain circumstances; requiring that
   56         the department submit certain information to the
   57         United States Environmental Protection Agency before
   58         the adoption of any relief mechanism;