Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. PCS (279658) for CS for SB 918 Ì8818808Î881880 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/22/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 3321 - 3609 4 and insert: 5 governments have primary responsibility for providing domestic 6 wastewater collection and treatment services and stormwater 7 management. The foregoing responsible entities must coordinate 8 to restore and maintain the water quantity and water quality of 9 the Outstanding Florida Springs. 10 (3) The Legislature recognizes that: 11 (a) A spring is only as healthy as its local aquifer 12 system. The groundwater that supplies springs is derived from 13 water that recharges the aquifer system in the form of seepage 14 from the land surface and through direct conduits, such as 15 sinkholes. Springs may be adversely affected by polluted runoff 16 from urban and agricultural lands; discharges resulting from 17 inadequate wastewater and stormwater management practices; 18 stormwater runoff; and reduced water levels of the Floridan 19 Aquifer. As a result, the hydrologic and environmental 20 conditions of a spring or spring run are directly influenced by 21 activities and land uses within a springshed and by water 22 withdrawals from the Floridan Aquifer. 23 (b) Springs, whether found in urban or rural settings, or 24 on public or private lands, may be threatened by actual or 25 potential flow reductions and declining water quality. Many of 26 this state’s springs are demonstrating signs of significant 27 ecological imbalance, increased nutrient loading, and declining 28 flow. Without effective remedial action, further declines in 29 water quality and water quantity may occur. 30 (c) Springshed boundaries and areas of high vulnerability 31 within a springshed need to be identified and delineated using 32 the best available data. 33 (d) Springsheds typically cross water management district 34 boundaries and local government jurisdictional boundaries, so a 35 coordinated statewide springs protection plan is needed. 36 (e) The aquifers and springs of this state are complex 37 systems affected by many variables and influences. 38 (4) The Legislature recognizes that action is urgently 39 needed and, as additional data is acquired, action must be 40 modified. 41 Section 29. Section 373.802, Florida Statutes, is created 42 to read: 43 373.802 Definitions.—As used in this part, the term: 44 (1) “Department” means the Department of Environmental 45 Protection, which includes the Florida Geological Survey or its 46 successor agencies. 47 (2) “Local government” means a county or municipal 48 government the jurisdictional boundaries of which include an 49 Outstanding Florida Spring or any part of a springshed or 50 delineated priority focus area of an Outstanding Florida Spring. 51 (3) “Onsite sewage treatment and disposal system” means a 52 system that contains a standard subsurface, filled, or mound 53 drainfield system; an aerobic treatment unit; a graywater system 54 tank; a laundry wastewater system tank; a septic tank; a grease 55 interceptor; a pump tank; a solids or effluent pump; a 56 waterless, incinerating, or organic waste-composting toilet; or 57 a sanitary pit privy that is installed or proposed to be 58 installed beyond the building sewer on land of the owner or on 59 other land on which the owner has the legal right to install 60 such system. The term includes any item placed within, or 61 intended to be used as a part of or in conjunction with, the 62 system. The term does not include package sewage treatment 63 facilities and other treatment works regulated under chapter 64 403. 65 (4) “Outstanding Florida Spring” includes all historic 66 first magnitude springs, including their associated spring runs, 67 as determined by the department using the most recent Florida 68 Geological Survey springs bulletin, and the following additional 69 springs, including their associated spring runs: 70 (a) De Leon Springs; 71 (b) Peacock Springs; 72 (c) Poe Springs; 73 (d) Rock Springs; 74 (e) Wekiwa Springs; and 75 (f) Gemini Springs. 76 77 The term does not include submarine springs or river rises. 78 (5) “Priority focus area” means the area or areas of a 79 basin where the Floridan Aquifer is generally most vulnerable to 80 pollutant inputs where there is a known connectivity between 81 groundwater pathways and an Outstanding Florida Spring, as 82 determined by the department in consultation with the 83 appropriate water management districts, and delineated in a 84 basin management action plan. 85 (6) “Springshed” means the areas within the groundwater and 86 surface water basins which contribute, based upon all relevant 87 facts, circumstances, and data, to the discharge of a spring as 88 defined by potentiometric surface maps and surface watershed 89 boundaries. 90 (7) “Spring run” means a body of flowing water that 91 originates from a spring or whose primary source of water is a 92 spring or springs under average rainfall conditions. 93 (8) “Spring vent” means a location where groundwater flows 94 out of a natural, discernible opening in the ground onto the 95 land surface or into a predominantly fresh surface water body. 96 Section 30. Section 373.803, Florida Statutes, is created 97 to read: 98 373.803 Delineation of priority focus areas for Outstanding 99 Florida Springs.—Using the best data available from the water 100 management districts and other credible sources, the department, 101 in coordination with the water management districts, shall 102 delineate priority focus areas for each Outstanding Florida 103 Spring or group of springs that contains one or more Outstanding 104 Florida Springs and is identified as impaired in accordance with 105 s. 373.807. In delineating priority focus areas, the department 106 shall consider groundwater travel time to the spring, 107 hydrogeology, nutrient load, and any other factors that may lead 108 to degradation of an Outstanding Florida Spring. The delineation 109 of priority focus areas must be completed by July 1, 2018, shall 110 use understood and identifiable boundaries such as roads or 111 political jurisdictions for ease of implementation, and is 112 effective upon incorporation in a basin management action plan. 113 Section 31. Section 373.805, Florida Statutes, is created 114 to read: 115 373.805 Minimum flows and minimum water levels for 116 Outstanding Florida Springs.— 117 (1) At the time a minimum flow or minimum water level is 118 adopted pursuant to s. 373.042 for an Outstanding Florida 119 Spring, if the spring is below or is projected within 20 years 120 to fall below the minimum flow or minimum water level, a water 121 management district or the department shall concurrently adopt a 122 recovery or prevention strategy. 123 (2) When a minimum flow or minimum water level for an 124 Outstanding Florida Spring is revised pursuant to s. 125 373.0421(3), if the spring is below or is projected within 20 126 years to fall below the minimum flow or minimum water level, a 127 water management district or the department shall concurrently 128 adopt a recovery or prevention strategy or modify an existing 129 recovery or prevention strategy. A district or the department 130 may adopt the revised minimum flow or minimum water level before 131 the adoption of a recovery or prevention strategy if the revised 132 minimum flow or minimum water level is less constraining on 133 existing or projected future consumptive uses. 134 (3) For an Outstanding Florida Spring without an adopted 135 recovery or prevention strategy, if a district or the department 136 determines the spring has fallen below, or is projected within 137 20 years to fall below, the adopted minimum flow or minimum 138 water level, a water management district or the department shall 139 expeditiously adopt a recovery or prevention strategy. 140 (4) The recovery or prevention strategy for each 141 Outstanding Florida Spring must, at a minimum, include: 142 (a) A listing of all specific projects identified for 143 implementation of the plan; 144 (b) A priority listing of each project; 145 (c) For each listed project, the estimated cost of and the 146 estimated date of completion; 147 (d) The source and amount of financial assistance to be 148 made available by the water management district for each listed 149 project, which may not be less than 25 percent of the total 150 project cost unless a specific funding source or sources are 151 identified which will provide more than 75 percent of the total 152 project cost. The Northwest Florida Water Management District 153 and the Suwannee River Water Management District are not 154 required to meet the minimum requirement to receive financial 155 assistance pursuant to this paragraph; 156 (e) An estimate of each listed project’s benefit to an 157 Outstanding Florida Spring; and 158 (f) An implementation plan designed with a target to 159 achieve the adopted minimum flow or minimum water level no more 160 than 20 years after the adoption of a recovery or prevention 161 strategy. The implementation plan must include a schedule of 5-, 162 10-, and 15-year measureable milestones intended to achieve the 163 adopted minimum flow or minimum water level. The schedule is not 164 a rule but is intended to provide guidance for planning and 165 funding purposes and is exempt from s. 120.54(1)(a). 166 (5) A local government may apply to the department for a 167 single extension of up to 5 years for any project in an adopted 168 recovery or prevention strategy. The department may grant the 169 extension if the local government provides to the department 170 sufficient evidence that an extension is in the best interest of 171 the public. For a local government in a rural area of 172 opportunity, as defined in s. 288.0656, the department may grant 173 a single extension of up to 10 years. 174 Section 32. Section 373.807, Florida Statutes, is created 175 to read: 176 373.807 Protection of water quality in Outstanding Florida 177 Springs.—By July 1, 2015, the department shall initiate 178 assessment, pursuant to s. 403.067(3), of each Outstanding 179 Florida Spring for which an impairment determination has not 180 been made under the numeric nutrient standards in effect for 181 spring vents. Assessments must be completed by July 1, 2018. 182 (1)(a) Concurrent with the adoption of a nutrient total 183 maximum daily load for an Outstanding Florida Spring, the 184 department, or the department in conjunction with a water 185 management district, shall initiate development of a basin 186 management action plan, as specified in s. 403.067. For an 187 Outstanding Florida Spring with a nutrient total maximum daily 188 load adopted before July 1, 2015, the department, or the 189 department in conjunction with a water management district, 190 shall initiate development of a basin management action plan by 191 July 1, 2015. During the development of a basin management 192 action plan, if the department identifies onsite sewage 193 treatment and disposal systems as contributors of at least 20 194 percent of nonpoint source nitrogen pollution or if the 195 department determines remediation is necessary to achieve the 196 total maximum daily load, the basin management action plan shall 197 include an onsite sewage treatment and disposal system 198 remediation plan pursuant to subsection (3) for those systems 199 identified as requiring remediation. 200 (b) A basin management action plan for an Outstanding 201 Florida Spring shall be adopted within 2 years after its 202 initiation and must include, at a minimum: 203 1. A list of all specific projects and programs identified 204 to implement a nutrient total maximum daily load; 205 2. A list of all specific projects identified in any 206 incorporated onsite sewage treatment and disposal system 207 remediation plan, if applicable; 208 3. A priority rank for each listed project; 209 4. For each listed project, a planning level cost estimate 210 and the estimated date of completion; 211 5. The source and amount of financial assistance to be made 212 available by the department, a water management district, or 213 other entity for each listed project; 214 6. An estimate of each listed project’s nutrient load 215 reduction; 216 7. Identification of each point source or category of 217 nonpoint sources, including, but not limited to, urban turf 218 fertilizer, sports turf fertilizer, agricultural fertilizer, 219 onsite sewage treatment and disposal systems, wastewater 220 treatment facilities, animal wastes, and stormwater facilities. 221 An estimated allocation of the pollutant load must be provided 222 for each point source or category of nonpoint sources; and 223 8. An implementation plan designed with a target to achieve 224 the adopted nutrient total maximum daily load no more than 20 225 years after the adoption of a basin management action plan. The 226 plan must include a schedule of 5-, 10-, and 15-year measureable 227 milestones intended to achieve the adopted nutrient total 228 maximum daily load. The schedule is not a rule but is intended 229 to provide guidance for planning and funding purposes and is 230 exempt from s. 120.54(1)(a). 231 (c) For a basin management action plan adopted before July 232 1, 2015, which addresses an Outstanding Florida Spring, the 233 department or the department in conjunction with a water 234 management district must revise the plan if necessary to comply 235 with this section by July 1, 2018. 236 (d) A local government may apply to the department for an 237 extension of up to 5 years for any project in an adopted basin 238 management action plan. A local government in a rural area of 239 opportunity, as defined in s. 288.0656, may apply for an 240 extension of up to 10 years for such a project. The department 241 may grant the extension if the local government provides to the 242 department sufficient evidence that an extension is in the best 243 interest of the public. 244 (2) By July 1, 2016, each local government, as defined in 245 s. 373.802(2), that has not adopted an ordinance pursuant to s. 246 403.9337, shall develop, enact, and implement an ordinance 247 pursuant to that section. It is the intent of the Legislature 248 that ordinances required to be adopted under this subsection 249 reflect the latest scientific information, advancements, and 250 technological improvements in the industry. 251 (3) As part of a basin management action plan that includes 252 an Outstanding Florida Spring, the department, in consultation 253 with the Department of Health, relevant local governments, and 254 relevant local public and private wastewater utilities, shall 255 develop an onsite sewage treatment and disposal system 256 remediation plan for a spring if the department determines 257 onsite sewage treatment and disposal systems within a priority 258 focus area contribute at least 20 percent of nonpoint source 259 nitrogen pollution or if the department determines remediation 260 is necessary to achieve the total daily maximum load. This plan 261 shall be completed and adopted as part of the basin management 262 action plan no later than the first 5-year milestone required by 263 subparagraph (1)(b)8. In preparing this plan, the department 264 shall: 265 (a) Collect and evaluate credible scientific information on 266 the effect of nutrients, particularly forms of nitrogen, on 267 springs and springs systems; 268 (b) Develop a public education plan to provide area 269 residents with reliable, understandable information about onsite 270 sewage treatment and disposal systems and springs; 271 and 272 (c) Identify projects necessary to reduce the nutrient 273 impacts from onsite sewage treatment and disposal systems. 274 275 In addition to the requirements in s. 403.067, the plan shall 276 include options for repair, upgrade, replacement, drainfield 277 modification, addition of effective nitrogen reducing features, 278 connection to a central sewerage system, or other action for an 279 onsite sewage treatment and disposal system or group of systems 280 within a priority focus area that contribute at least 20 percent 281 of nonpoint source nitrogen pollution or if the department 282 determines remediation is necessary to achieve a total maximum 283 daily load. For these systems, the department shall include in 284 the plan a priority ranking for each system or group of systems 285 that requires remediation and shall award funds to implement the 286 remediation projects contingent on an appropriation in the 287 General Appropriations Act, which may include all or part of the 288 costs necessary for repair, upgrade, replacement, drainfield 289 modification, addition of effective nitrogen reducing features, 290 initial connection to a central sewerage system, or other 291 action. In awarding funds, the 292 293 ================= T I T L E A M E N D M E N T ================ 294 And the title is amended as follows: 295 Delete lines 179 - 186 296 and insert: 297 department in consultation with the Department of 298 Health and relevant local governments and utilities, 299 to develop onsite sewage treatment and disposal system 300 remediation plans under certain circumstances; 301 creating s.