Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 1576
Ì753618<Î753618
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
following:
1 Senate Amendment to Amendment (130974)
2
3 Delete lines 315 - 440
4 and insert:
5 project cost unless a specific funding source or sources
6 are identified which will provide more than 75 percent of the
7 total project cost. The Northwest Florida Water Management
8 District and the Suwannee River Water Management District are
9 not required to provide matching funds pursuant to this
10 paragraph.
11 Section 9. Section 373.807, Florida Statutes, is created to
12 read:
13 373.807 Protection of water quality in Outstanding Florida
14 Springs.—By July 1, 2015, the department shall assess each
15 Outstanding Florida Spring for which an impairment determination
16 has not been made under the numeric nutrient standards in effect
17 for spring vents.
18 (1) BASIN MANAGEMENT ACTION PLAN.—By July 1, 2017, the
19 department shall develop basin management action plans, as
20 specified in s. 403.067(7), for Outstanding Florida Springs
21 impaired by nutrients.
22 (2)(a) SPRING ACTION PLAN.—By July 1, 2014, the department
23 shall begin preparation of a spring action plan for each
24 Outstanding Florida Spring that has an adopted basin management
25 action plan or an implemented recovery or prevention strategy,
26 or as soon as a basin management action plan is adopted, a
27 recovery or prevention strategy is implemented, or the
28 department projects the Outstanding Florida Spring will be
29 impaired by nutrients within 20 years. Each initial spring
30 action plan shall be adopted within one year of when the
31 department begins preparation of the spring action plan.
32 Further, the spring action plan must be continually updated to
33 reflect newly added and completed projects.
34 (b) A spring action plan must include all of the following:
35 1. All projects in the basin management action plan which
36 are located fully or partially within a spring protection and
37 management zone.
38 2. All projects in the regional water supply plan which are
39 located fully or partially within a spring protection and
40 management zone.
41 3. All projects included in a recovery or prevention
42 strategy which are located fully or partially within a spring
43 protection and management zone.
44 4. All projects proposed to or by the department that will
45 prevent or stop potential nutrient impairment.
46 5. An estimate of each listed project’s reduction of
47 nutrient loading.
48 6. A map and legal descriptions depicting the spring
49 protection and management zones established pursuant to s.
50 373.803.
51 7. Identification of each point source or category of
52 nonpoint sources, including but not limited to, urban turf
53 fertilizer, sports turf fertilizer, agricultural fertilizer,
54 onsite sewage treatment and disposal systems, wastewater
55 treatment facilities, animal wastes, and stormwater facilities.
56 An estimated allocation of the pollutant load shall be provided
57 for each point source or category of nonpoint sources.
58 (3) REQUIREMENTS.—
59 (a) Within 6 months of the delineation of a spring
60 protection and management zone or zones of an Outstanding
61 Florida Spring that is fully or partially within the
62 jurisdiction of a local government, a local government must
63 develop, enact, and implement an ordinance that meets or exceeds
64 the requirements of the department’s Model Ordinance for
65 Florida-Friendly Fertilizer Use on Urban Landscapes. Such
66 ordinance must require that, within a spring protection and
67 management zone of an Outstanding Florida Spring impaired by
68 nutrients, the nitrogen content of any fertilizer applied to
69 turf or landscape plants may not exceed the lowest, basic
70 maintenance rate of the most recent recommendations by the
71 Institute of Food and Agricultural Sciences. The department
72 shall adopt rules to implement this paragraph which establish
73 reasonable minimum standards and reflect advancements or
74 improvements regarding nutrient load reductions.
75 (b) By July 1, 2016, the owner or operator of each existing
76 wastewater treatment facility in a spring protection and
77 management zone shall file for approval by the department a plan
78 for complying with this paragraph. Upon a showing to the
79 department of inordinate expense or that a delay is in the best
80 interest of the public, the department may grant a local
81 government or wastewater treatment facility an extension of up
82 to 2 years to implement the plan. The owner and operator shall
83 submit a proposal for funding at least once every 2 years until
84 the plan is fully implemented.
85 (c) By July 1, 2016, the department, in consultation with
86 the Department of Health and local governments, must identify
87 onsite sewage treatment and disposal systems within a spring
88 protection and management zone. Within sixty (60) days of the
89 department’s completion of the identification of these systems,
90 the department shall provide the location of these systems to
91 the local governments in which these systems are located. Within
92 1 year of identification of these systems, and in consultation
93 with the department, the local governments in which they are
94 located shall develop an onsite sewage treatment and disposal
95 system remediation plan. For each onsite sewage treatment and
96 disposal system or group of systems, the plan must include
97 whether the systems require upgrading, connection to a central
98 sewerage system, or no action. The plan must also include a
99 priority ranking for each system or group of systems that
100 require remediation. Each remediation plan must be submitted to
101 the department for approval. In reviewing and approving the
102 remediation plans, the department shall consider, at a minimum:
103 1. The density of the onsite sewage treatment and disposal
104 systems.
105 2. The number of onsite sewage treatment and disposal
106 systems.
107 3. The proximity of the onsite sewage treatment and
108 disposal system or systems to an Outstanding Florida Spring
109 4. The estimated nutrient loading of the onsite sewage
110 treatment and disposal system or systems.
111 5. The cost of the proposed remedial action.
112 (d) Remedial actions required under this paragraph are not
113 required until adequate funding for the specific project is
114 provided pursuant to s. 373.808. As used in this paragraph, the
115 term “adequate funding” means that the department has agreed to
116 provide 100 percent of the state’s portion of funding requested
117 for the project under s. 373.808. The provisions of this
118 paragraph are supplemental to any other specific requirements or
119 authority provided by law.
120 1. By July 1, 2021, the owner or operator of each existing
121 wastewater treatment facility in a spring protection and
122 management zone shall meet a standard of no more than 3 mg/L
123 Total Nitrogen, expressed as N, on an annual permitted basis,
124 unless granted a variance or exemption pursuant to s. 373.813.
125 2. By July 1, 2019, each agricultural producer in a spring
126 protection and management zone must implement best management
127 practices or other measures necessary to achieve pollution
128 reduction levels established by the department. The Department
129 of Agriculture and Consumers Services, in consultation with the
130 department, shall adopt rules to implement this subparagraph.
131 3. Within 6 months after approval of the onsite sewage
132 treatment and