Florida Senate - 2018 SB 1570 By Senator Braynon 35-01528-18 20181570__ 1 A bill to be entitled 2 An act relating to the St. Lucie River Watershed 3 Pollutant Control Program; amending s. 373.4595, F.S.; 4 specifying that county ordinances regulating the 5 transportation, composting, or land application of 6 sewage within the St. Lucie River watershed are not 7 duplicate regulations; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (d) of subsection (4) of section 12 373.4595, Florida Statutes, is amended to read: 13 373.4595 Northern Everglades and Estuaries Protection 14 Program.— 15 (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND 16 ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection 17 program shall be developed and implemented as specified in this 18 subsection. To protect and restore surface water resources, the 19 program shall address the reduction of pollutant loadings, 20 restoration of natural hydrology, and compliance with applicable 21 state water quality standards. The program shall be achieved 22 through a phased program of implementation. In addition, 23 pollutant load reductions based upon adopted total maximum daily 24 loads established in accordance with s. 403.067 shall serve as a 25 program objective. In the development and administration of the 26 program, the coordinating agencies shall maximize opportunities 27 provided by federal and local government cost-sharing programs 28 and opportunities for partnerships with the private sector and 29 local government. The program shall include a goal for salinity 30 envelopes and freshwater inflow targets for the estuaries based 31 upon existing research and documentation. The goal may be 32 revised as new information is available. This goal shall seek to 33 reduce the frequency and duration of undesirable salinity ranges 34 while meeting the other water-related needs of the region, 35 including water supply and flood protection, while recognizing 36 the extent to which water inflows are within the control and 37 jurisdiction of the district. 38 (d) St. Lucie River Watershed Basin Management Action 39 Plan.—The basin management action plan for the St. Lucie River 40 watershed adopted pursuant to s. 403.067 shall be the St. Lucie 41 River Watershed Pollutant Control Program and shall be designed 42 to be a multifaceted approach to reducing pollutant loads by 43 improving the management of pollutant sources within the St. 44 Lucie River watershed through implementation of regulations and 45 best management practices, development and implementation of 46 improved best management practices, improvement and restoration 47 of the hydrologic function of natural and managed systems, and 48 use of alternative technologies for pollutant reduction, such as 49 cost-effective biologically based, hybrid wetland/chemical and 50 other innovative nutrient control technologies. As provided in 51 s. 403.067(7)(a)6., the St. Lucie River Watershed Basin 52 Management Action Plan must include milestones for 53 implementation and water quality improvement, and an associated 54 water quality monitoring component sufficient to evaluate 55 whether reasonable progress in pollutant load reductions is 56 being achieved over time. An assessment of progress toward these 57 milestones shall be conducted every 5 years and shall be 58 provided to the Governor, the President of the Senate, and the 59 Speaker of the House of Representatives. Revisions to the plan 60 shall be made, as appropriate, as a result of each 5-year 61 review. Revisions to the basin management action plan shall be 62 made by the department in cooperation with the basin 63 stakeholders. Revisions to best management practices or other 64 measures must follow the procedures set forth in s. 65 403.067(7)(c)4. Revised basin management action plans must be 66 adopted pursuant to s. 403.067(7)(a)5. The department shall 67 develop an implementation schedule establishing 5-year, 10-year, 68 and 15-year measurable milestones and targets to achieve the 69 total maximum daily load no more than 20 years after adoption of 70 the plan. The initial implementation schedule shall be used to 71 provide guidance for planning and funding purposes and is exempt 72 from chapter 120. Upon the first 5-year review, the 73 implementation schedule shall be adopted as part of the plan. If 74 achieving the total maximum daily load within 20 years is not 75 practicable, the implementation schedule must contain an 76 explanation of the constraints that prevent achievement of the 77 total maximum daily load within 20 years, an estimate of the 78 time needed to achieve the total maximum daily load, and 79 additional 5-year measurable milestones, as necessary. The 80 coordinating agencies shall facilitate the use of federal 81 programs that offer opportunities for water quality treatment, 82 including preservation, restoration, or creation of wetlands on 83 agricultural lands. 84 1. Nonpoint source best management practices consistent 85 with s. 403.067, designed to achieve the objectives of the St. 86 Lucie River Watershed Protection Program, shall be implemented 87 on an expedited basis. The coordinating agencies may develop an 88 intergovernmental agreement with local governments to implement 89 the nonagricultural nonpoint source best management practices 90 within their respective geographic boundaries. 91 2. This subsection does not preclude the department or the 92 district from requiring compliance with water quality standards, 93 adopted total maximum daily loads, or current best management 94 practices requirements set forth in any applicable regulatory 95 program authorized by law for the purpose of protecting water 96 quality. This subsection applies only to the extent that it does 97 not conflict with any rules adopted by the department or 98 district which are necessary to maintain a federally delegated 99 or approved program. 100 3. Projects that make use of private lands, or lands held 101 in trust for Indian tribes, to reduce pollutant loadings or 102 concentrations within a basin, or that reduce the volume of 103 harmful discharges by one or more of the following methods: 104 restoring the natural hydrology of the basin, restoring wildlife 105 habitat or impacted wetlands, reducing peak flows after storm 106 events, or increasing aquifer recharge, are eligible for grants 107 available under this section from the coordinating agencies. 108 4. The St. Lucie River Watershed Basin Management Action 109 Plan shall require assessment of current water management 110 practices within the watershed and shall require development of 111 recommendations for structural, nonstructural, and operational 112 improvements. Such recommendations shall consider and balance 113 water supply, flood control, estuarine salinity, aquatic 114 habitat, and water quality considerations. 115 5. The department may not authorize the disposal of 116 domestic wastewater biosolids within the St. Lucie River 117 watershed unless the applicant can affirmatively demonstrate 118 that the nutrients in the biosolids will not add to nutrient 119 loadings in the watershed. This demonstration shall be based on 120 achieving a net balance between nutrient imports relative to 121 exports on the permitted application site. Exports shall include 122 only nutrients removed from the St. Lucie River watershed 123 through products generated on the permitted application site. 124 This prohibition does not apply to Class AA biosolids that are 125 marketed and distributed as fertilizer products in accordance 126 with department rule. 127 6. The Department of Health shall require all entities 128 disposing of septage within the St. Lucie River watershed to 129 develop and submit to that agency an agricultural use plan that 130 limits applications based upon nutrient loading consistent with 131 any basin management action plan adopted pursuant to s. 403.067. 132 7. The Department of Agriculture and Consumer Services 133 shall initiate rulemaking requiring entities within the St. 134 Lucie River watershed which land-apply animal manure to develop 135 a resource management system level conservation plan, according 136 to United States Department of Agriculture criteria, which limit 137 such application. Such rules shall include criteria and 138 thresholds for the requirement to develop a conservation or 139 nutrient management plan, requirements for plan approval, site 140 inspection requirements, and recordkeeping requirements. 141 8. The district shall initiate rulemaking to provide for a 142 monitoring program for nonpoint source dischargers required to 143 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3. 144 The results of such monitoring must be reported to the 145 coordinating agencies. 146 9. Notwithstanding ss. 163.3162(3) and 823.14(6), a county 147 ordinance that regulates the transportation, composting, or land 148 application of biosolids or other forms of sewage within the St. 149 Lucie River watershed is not a duplication of regulation. 150 Section 2. This act shall take effect July 1, 2018.