Florida Senate - 2019                                     SB 816
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01032A-19                                            2019816__
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         s. 403.706, F.S.; requiring counties and
    4         municipalities to address the contamination of
    5         recyclable material in specified contracts;
    6         prohibiting counties and municipalities from requiring
    7         the collection or transport of contaminated recyclable
    8         material by residential recycling collectors; defining
    9         the term “residential recycling collector”; specifying
   10         required contract provisions in residential recycling
   11         collector and materials recovery facility contracts
   12         with counties and municipalities; amending s. 403.813,
   13         F.S.; prohibiting a local government from requiring
   14         from the Department of Environmental Protection
   15         further verification for certain projects; revising
   16         the types of dock and pier replacements and repairs
   17         that are exempt from such verification and certain
   18         permitting requirements; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Present subsection (22) of section 403.706,
   23  Florida Statutes, is redesignated as subsection (23), and a new
   24  subsection (22) is added to that section, to read:
   25         403.706 Local government solid waste responsibilities.—
   26         (22)Counties and municipalities must address the
   27  contamination of recyclable material in contracts for the
   28  collection, transportation, and processing of residential
   29  recyclable material based upon all of the following:
   30         (a)A residential recycling collector is not required to
   31  collect or transport contaminated recyclable material, except
   32  pursuant to a contract consistent with paragraph (c). As used in
   33  this subsection, the term “residential recycling collector”
   34  means a for-profit business entity that collects and transports
   35  residential recyclable material on behalf of a county or
   36  municipality.
   37         (b)A recovered materials processing facility is not
   38  required to process contaminated recyclable material, except
   39  pursuant to a contract consistent with paragraph (d).
   40         (c)Each contract between a residential recycling collector
   41  and a county or municipality for the collection or transport of
   42  residential recyclable material, and each request for proposal
   43  or other solicitation for the collection of residential
   44  recyclable material, must define the term “contaminated
   45  recyclable material.” The term should be defined in a manner
   46  that is appropriate for the local community, taking into
   47  consideration available markets for recyclable material,
   48  available waste composition studies, and other relevant factors.
   49  The contract and request for proposal or other solicitation must
   50  include:
   51         1.The respective strategies and obligations of the county
   52  or municipality and the residential recycling collector to
   53  reduce the amount of contaminated recyclable material being
   54  collected;
   55         2.The procedures for identifying, documenting, managing,
   56  and rejecting residential recycling containers, truck loads,
   57  carts, or bins that contain contaminated recyclable material;
   58         3.The remedies authorized to be used if a container, cart,
   59  or bin contains contaminated recyclable material; and
   60         4.The education and enforcement measures that will be used
   61  to reduce the amount of contaminated recyclable material.
   62         (d)Each contract between a recovered materials processing
   63  facility and a county or municipality for processing residential
   64  recyclable material, and each request for proposal or other
   65  solicitation for processing residential recyclable material,
   66  must define the term “contaminated recyclable material.” The
   67  term should be defined in a manner that is appropriate for the
   68  local community, taking into consideration available markets for
   69  recyclable material, available waste composition studies, and
   70  other relevant factors. The contract and request for proposal
   71  must include:
   72         1.The respective strategies and obligations of the county
   73  or municipality and the facility to reduce the amount of
   74  contaminated recyclable material being collected and processed;
   75         2.The procedures for identifying, documenting, managing,
   76  and rejecting residential recycling containers, truck loads,
   77  carts, or bins that contain contaminated recyclable material;
   78  and
   79         3.The remedies authorized to be used if a container or
   80  truck load contains contaminated recyclable material.
   81         (e)This subsection applies to each contract between a
   82  municipality or county and a residential recycling collector or
   83  recovered materials processing facility executed or renewed
   84  after July 1, 2019.
   85         (f)This subsection applies only to the collection and
   86  processing of material obtained from residential recycling
   87  activities. As used in this subsection, the term “contaminated
   88  recyclable material” refers only to recyclable material that is
   89  comingled or mixed with solid waste or other nonhazardous
   90  material. The term does not include contamination as that term
   91  or a derivation of that term is used in chapter 376 and other
   92  sections of chapter 403, including, but not limited to,
   93  brownfield site cleanup, water quality remediation, drycleaning
   94  solvent-contaminated site cleanup, petroleum-contaminated site
   95  cleanup, cattle dipping vat site cleanup, or other hazardous
   96  waste remediation.
   97         Section 2. Subsection (1) of section 403.813, Florida
   98  Statutes, is amended to read:
   99         403.813 Permits issued at district centers; exceptions.—
  100         (1) A permit is not required under this chapter, chapter
  101  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  102  chapter 25270, 1949, Laws of Florida, and a local government may
  103  not require a person claiming this exception to provide further
  104  department verification, for activities associated with the
  105  following types of projects; however, except as otherwise
  106  provided in this subsection, this subsection does not relieve an
  107  applicant from any requirement to obtain permission to use or
  108  occupy lands owned by the Board of Trustees of the Internal
  109  Improvement Trust Fund or a water management district in its
  110  governmental or proprietary capacity or from complying with
  111  applicable local pollution control programs authorized under
  112  this chapter or other requirements of county and municipal
  113  governments:
  114         (a) The installation of overhead transmission lines, having
  115  with support structures that which are not constructed in waters
  116  of the state and which do not create a navigational hazard.
  117         (b) The installation and repair of mooring pilings and
  118  dolphins associated with private docking facilities or piers and
  119  the installation of private docks, piers, and recreational
  120  docking facilities, or piers and recreational docking facilities
  121  of local governmental entities when the local governmental
  122  entity’s activities will not take place in any manatee habitat,
  123  any of which docks:
  124         1. Has 500 square feet or less of over-water surface area
  125  for a dock which is located in an area designated as Outstanding
  126  Florida Waters or 1,000 square feet or less of over-water
  127  surface area for a dock which is located in an area that which
  128  is not designated as Outstanding Florida Waters;
  129         2. Is constructed on or held in place by pilings or is a
  130  floating dock which is constructed so as not to involve filling
  131  or dredging other than that necessary to install the pilings;
  132         3. May Shall not substantially impede the flow of water or
  133  create a navigational hazard;
  134         4. Is used for recreational, noncommercial activities
  135  associated with the mooring or storage of boats and boat
  136  paraphernalia; and
  137         5. Is the sole dock constructed pursuant to this exemption
  138  as measured along the shoreline for a distance of 65 feet,
  139  unless the parcel of land or individual lot as platted is less
  140  than 65 feet in length along the shoreline, in which case there
  141  may be one exempt dock allowed per parcel or lot.
  142  
  143  Nothing in This paragraph does not shall prohibit the department
  144  from taking appropriate enforcement action pursuant to this
  145  chapter to abate or prohibit any activity otherwise exempt from
  146  permitting pursuant to this paragraph if the department can
  147  demonstrate that the exempted activity has caused water
  148  pollution in violation of this chapter.
  149         (c) The installation and maintenance to design
  150  specifications of boat ramps on artificial bodies of water where
  151  navigational access to the proposed ramp exists or the
  152  installation of boat ramps open to the public in any waters of
  153  the state where navigational access to the proposed ramp exists
  154  and where the construction of the proposed ramp will be less
  155  than 30 feet wide and will involve the removal of less than 25
  156  cubic yards of material from the waters of the state, and the
  157  maintenance to design specifications of such ramps; however, the
  158  material to be removed shall be placed upon a self-contained
  159  upland site so as to prevent the escape of the spoil material
  160  into the waters of the state.
  161         (d) The replacement or repair of existing docks and piers,
  162  except that fill material may not be used and the replacement or
  163  repaired dock or pier must be within 5 feet of the same location
  164  and no larger in size than the existing dock or pier, and no
  165  additional aquatic resources may be adversely and permanently
  166  impacted by such replacement or repair in the same location and
  167  of the same configuration and dimensions as the dock or pier
  168  being replaced or repaired. This does not preclude the use of
  169  different construction materials or minor deviations to allow
  170  upgrades to current structural and design standards.
  171         (e) The restoration of seawalls at their previous locations
  172  or upland of, or within 18 inches waterward of, their previous
  173  locations. However, this may shall not affect the permitting
  174  requirements of chapter 161, and department rules shall clearly
  175  indicate that this exception does not constitute an exception
  176  from the permitting requirements of chapter 161.
  177         (f) The performance of maintenance dredging of existing
  178  manmade canals, channels, intake and discharge structures, and
  179  previously dredged portions of natural water bodies within
  180  drainage rights-of-way or drainage easements which have been
  181  recorded in the public records of the county, where the spoil
  182  material is to be removed and deposited on a self-contained,
  183  upland spoil site which will prevent the escape of the spoil
  184  material into the waters of the state, provided that no more
  185  dredging is to be performed than is necessary to restore the
  186  canals, channels, and intake and discharge structures, and
  187  previously dredged portions of natural water bodies, to original
  188  design specifications or configurations, provided that the work
  189  is conducted in compliance with s. 379.2431(2)(d), provided that
  190  no significant impacts occur to previously undisturbed natural
  191  areas, and provided that control devices for return flow and
  192  best management practices for erosion and sediment control are
  193  utilized to prevent bank erosion and scouring and to prevent
  194  turbidity, dredged material, and toxic or deleterious substances
  195  from discharging into adjacent waters during maintenance
  196  dredging. Further, for maintenance dredging of previously
  197  dredged portions of natural water bodies within recorded
  198  drainage rights-of-way or drainage easements, an entity that
  199  seeks an exemption must notify the department or water
  200  management district, as applicable, at least 30 days before
  201  prior to dredging and provide documentation of original design
  202  specifications or configurations where such exist. This
  203  exemption applies to all canals and previously dredged portions
  204  of natural water bodies within recorded drainage rights-of-way
  205  or drainage easements constructed before prior to April 3, 1970,
  206  and to those canals and previously dredged portions of natural
  207  water bodies constructed on or after April 3, 1970, pursuant to
  208  all necessary state permits. This exemption does not apply to
  209  the removal of a natural or manmade barrier separating a canal
  210  or canal system from adjacent waters. When no previous permit
  211  has been issued by the Board of Trustees of the Internal
  212  Improvement Trust Fund or the United States Army Corps of
  213  Engineers for construction or maintenance dredging of the
  214  existing manmade canal or intake or discharge structure, such
  215  maintenance dredging shall be limited to a depth of no more than
  216  5 feet below mean low water. The Board of Trustees of the
  217  Internal Improvement Trust Fund may fix and recover from the
  218  permittee an amount equal to the difference between the fair
  219  market value and the actual cost of the maintenance dredging for
  220  material removed during such maintenance dredging. However, no
  221  charge shall be exacted by the state for material removed during
  222  such maintenance dredging by a public port authority. The
  223  removing party may subsequently sell such material; however,
  224  proceeds from such sale that exceed the costs of maintenance
  225  dredging shall be remitted to the state and deposited in the
  226  Internal Improvement Trust Fund.
  227         (g) The maintenance of existing insect control structures,
  228  dikes, and irrigation and drainage ditches, provided that spoil
  229  material is deposited on a self-contained, upland spoil site
  230  which will prevent the escape of the spoil material into waters
  231  of the state. In the case of insect control structures, if the
  232  cost of using a self-contained upland spoil site is so
  233  excessive, as determined by the Department of Health, pursuant
  234  to s. 403.088(1), that it will inhibit proposed insect control,
  235  then-existing spoil sites or dikes may be used, upon
  236  notification to the department. In the case of insect control
  237  where upland spoil sites are not used pursuant to this
  238  exemption, turbidity control devices shall be used to confine
  239  the spoil material discharge to that area previously disturbed
  240  when the receiving body of water is used as a potable water
  241  supply, is designated as shellfish harvesting waters, or
  242  functions as a habitat for commercially or recreationally
  243  important shellfish or finfish. In all cases, no more dredging
  244  is to be performed than is necessary to restore the dike or
  245  irrigation or drainage ditch to its original design
  246  specifications.
  247         (h) The repair or replacement of existing functional pipes
  248  or culverts the purpose of which is the discharge or conveyance
  249  of stormwater. In all cases, the invert elevation, the diameter,
  250  and the length of the culvert may shall not be changed. However,
  251  the material used for the culvert may be different from the
  252  original.
  253         (i) The construction of private docks of 1,000 square feet
  254  or less of over-water surface area and seawalls in artificially
  255  created waterways where such construction will not violate
  256  existing water quality standards, impede navigation, or affect
  257  flood control. This exemption does not apply to the construction
  258  of vertical seawalls in estuaries or lagoons unless the proposed
  259  construction is within an existing manmade canal where the
  260  shoreline is currently occupied in whole or part by vertical
  261  seawalls.
  262         (j) The construction and maintenance of swales.
  263         (k) The installation of aids to navigation and buoys
  264  associated with such aids, provided the devices are marked
  265  pursuant to s. 327.40.
  266         (l) The replacement or repair of existing open-trestle foot
  267  bridges and vehicular bridges that are 100 feet or less in
  268  length and two lanes or less in width, provided that no more
  269  dredging or filling of submerged lands is performed other than
  270  that which is necessary to replace or repair pilings and that
  271  the structure to be replaced or repaired is the same length, the
  272  same configuration, and in the same location as the original
  273  bridge. No debris from the original bridge shall be allowed to
  274  remain in the waters of the state.
  275         (m) The installation of subaqueous transmission and
  276  distribution lines laid on, or embedded in, the bottoms of
  277  waters in the state, except in Class I and Class II waters and
  278  aquatic preserves, provided no dredging or filling is necessary.
  279         (n) The replacement or repair of subaqueous transmission
  280  and distribution lines laid on, or embedded in, the bottoms of
  281  waters of the state.
  282         (o) The construction of private seawalls in wetlands or
  283  other surface waters where such construction is between and
  284  adjoins at both ends existing seawalls; follows a continuous and
  285  uniform seawall construction line with the existing seawalls; is
  286  no more than 150 feet in length; and does not violate existing
  287  water quality standards, impede navigation, or affect flood
  288  control. However, in estuaries and lagoons the construction of
  289  vertical seawalls is limited to the circumstances and purposes
  290  stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
  291  the permitting requirements of chapter 161, and department rules
  292  must clearly indicate that this exception does not constitute an
  293  exception from the permitting requirements of chapter 161.
  294         (p) The restoration of existing insect control impoundment
  295  dikes which are less than 100 feet in length. Such impoundments
  296  shall be connected to tidally influenced waters for 6 months
  297  each year beginning September 1 and ending February 28 if
  298  feasible or operated in accordance with an impoundment
  299  management plan approved by the department. A dike restoration
  300  may involve no more dredging than is necessary to restore the
  301  dike to its original design specifications. For the purposes of
  302  this paragraph, restoration does not include maintenance of
  303  impoundment dikes of operating insect control impoundments.
  304         (q) The construction, operation, or maintenance of
  305  stormwater management facilities which are designed to serve
  306  single-family residential projects, including duplexes,
  307  triplexes, and quadruplexes, if they are less than 10 acres
  308  total land and have less than 2 acres of impervious surface and
  309  if the facilities:
  310         1. Comply with all regulations or ordinances applicable to
  311  stormwater management and adopted by a city or county;
  312         2. Are not part of a larger common plan of development or
  313  sale; and
  314         3. Discharge into a stormwater discharge facility exempted
  315  or permitted by the department under this chapter which has
  316  sufficient capacity and treatment capability as specified in
  317  this chapter and is owned, maintained, or operated by a city,
  318  county, special district with drainage responsibility, or water
  319  management district; however, this exemption does not authorize
  320  discharge to a facility without the facility owner’s prior
  321  written consent.
  322         (r) The removal of aquatic plants, the removal of tussocks,
  323  the associated replanting of indigenous aquatic plants, and the
  324  associated removal from lakes of organic detrital material when
  325  such planting or removal is performed and authorized by permit
  326  or exemption granted under s. 369.20 or s. 369.25, provided
  327  that:
  328         1. Organic detrital material that exists on the surface of
  329  natural mineral substrate shall be allowed to be removed to a
  330  depth of 3 feet or to the natural mineral substrate, whichever
  331  is less;
  332         2. All material removed pursuant to this paragraph shall be
  333  deposited in an upland site in a manner that will prevent the
  334  reintroduction of the material into waters in the state except
  335  when spoil material is permitted to be used to create wildlife
  336  islands in freshwater bodies of the state when a governmental
  337  entity is permitted pursuant to s. 369.20 to create such islands
  338  as a part of a restoration or enhancement project;
  339         3. All activities are performed in a manner consistent with
  340  state water quality standards; and
  341         4. No activities under this exemption are conducted in
  342  wetland areas, as defined in s. 373.019(27), which are supported
  343  by a natural soil as shown in applicable United States
  344  Department of Agriculture county soil surveys, except when a
  345  governmental entity is permitted pursuant to s. 369.20 to
  346  conduct such activities as a part of a restoration or
  347  enhancement project.
  348  
  349  The department may not adopt implementing rules for this
  350  paragraph, notwithstanding any other provision of law.
  351         (s) The construction, installation, operation, or
  352  maintenance of floating vessel platforms or floating boat lifts,
  353  provided that such structures:
  354         1. Float at all times in the water for the sole purpose of
  355  supporting a vessel so that the vessel is out of the water when
  356  not in use;
  357         2. Are wholly contained within a boat slip previously
  358  permitted under ss. 403.91-403.929, 1984 Supplement to the
  359  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  360  do not exceed a combined total of 500 square feet, or 200 square
  361  feet in an Outstanding Florida Water, when associated with a
  362  dock that is exempt under this subsection or associated with a
  363  permitted dock with no defined boat slip or attached to a
  364  bulkhead on a parcel of land where there is no other docking
  365  structure;
  366         3. Are not used for any commercial purpose or for mooring
  367  vessels that remain in the water when not in use, and do not
  368  substantially impede the flow of water, create a navigational
  369  hazard, or unreasonably infringe upon the riparian rights of
  370  adjacent property owners, as defined in s. 253.141;
  371         4. Are constructed and used so as to minimize adverse
  372  impacts to submerged lands, wetlands, shellfish areas, aquatic
  373  plant and animal species, and other biological communities,
  374  including locating such structures in areas where seagrasses are
  375  least dense adjacent to the dock or bulkhead; and
  376         5. Are not constructed in areas specifically prohibited for
  377  boat mooring under conditions of a permit issued in accordance
  378  with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
  379  1983, as amended, or part IV of chapter 373, or other form of
  380  authorization issued by a local government.
  381  
  382  Structures that qualify for this exemption are relieved from any
  383  requirement to obtain permission to use or occupy lands owned by
  384  the Board of Trustees of the Internal Improvement Trust Fund
  385  and, with the exception of those structures attached to a
  386  bulkhead on a parcel of land where there is no docking
  387  structure, may shall not be subject to any more stringent
  388  permitting requirements, registration requirements, or other
  389  regulation by any local government. Local governments may
  390  require either permitting or one-time registration of floating
  391  vessel platforms to be attached to a bulkhead on a parcel of
  392  land where there is no other docking structure as necessary to
  393  ensure compliance with local ordinances, codes, or regulations.
  394  Local governments may require either permitting or one-time
  395  registration of all other floating vessel platforms as necessary
  396  to ensure compliance with the exemption criteria in this
  397  section; to ensure compliance with local ordinances, codes, or
  398  regulations relating to building or zoning, which are no more
  399  stringent than the exemption criteria in this section or address
  400  subjects other than subjects addressed by the exemption criteria
  401  in this section; and to ensure proper installation, maintenance,
  402  and precautionary or evacuation action following a tropical
  403  storm or hurricane watch of a floating vessel platform or
  404  floating boat lift that is proposed to be attached to a bulkhead
  405  or parcel of land where there is no other docking structure. The
  406  exemption provided in this paragraph shall be in addition to the
  407  exemption provided in paragraph (b). The department shall adopt
  408  a general permit by rule for the construction, installation,
  409  operation, or maintenance of those floating vessel platforms or
  410  floating boat lifts that do not qualify for the exemption
  411  provided in this paragraph but do not cause significant adverse
  412  impacts to occur individually or cumulatively. The issuance of
  413  such general permit shall also constitute permission to use or
  414  occupy lands owned by the Board of Trustees of the Internal
  415  Improvement Trust Fund. No local government shall impose a more
  416  stringent regulation, permitting requirement, registration
  417  requirement, or other regulation covered by such general permit.
  418  Local governments may require either permitting or one-time
  419  registration of floating vessel platforms as necessary to ensure
  420  compliance with the general permit in this section; to ensure
  421  compliance with local ordinances, codes, or regulations relating
  422  to building or zoning that are no more stringent than the
  423  general permit in this section; and to ensure proper
  424  installation and maintenance of a floating vessel platform or
  425  floating boat lift that is proposed to be attached to a bulkhead
  426  or parcel of land where there is no other docking structure.
  427         (t) The repair, stabilization, or paving of existing county
  428  maintained roads and the repair or replacement of bridges that
  429  are part of the roadway, within the Northwest Florida Water
  430  Management District and the Suwannee River Water Management
  431  District, provided:
  432         1. The road and associated bridge were in existence and in
  433  use as a public road or bridge, and were maintained by the
  434  county as a public road or bridge on or before January 1, 2002;
  435         2. The construction activity does not realign the road or
  436  expand the number of existing traffic lanes of the existing
  437  road; however, the work may include the provision of safety
  438  shoulders, clearance of vegetation, and other work reasonably
  439  necessary to repair, stabilize, pave, or repave the road,
  440  provided that the work is constructed by generally accepted
  441  engineering standards;
  442         3. The construction activity does not expand the existing
  443  width of an existing vehicular bridge in excess of that
  444  reasonably necessary to properly connect the bridge with the
  445  road being repaired, stabilized, paved, or repaved to safely
  446  accommodate the traffic expected on the road, which may include
  447  expanding the width of the bridge to match the existing
  448  connected road. However, no debris from the original bridge
  449  shall be allowed to remain in waters of the state, including
  450  wetlands;
  451         4. Best management practices for erosion control shall be
  452  employed as necessary to prevent water quality violations;
  453         5. Roadside swales or other effective means of stormwater
  454  treatment must be incorporated as part of the project;
  455         6. No more dredging or filling of wetlands or water of the
  456  state is performed than that which is reasonably necessary to
  457  repair, stabilize, pave, or repave the road or to repair or
  458  replace the bridge, in accordance with generally accepted
  459  engineering standards; and
  460         7. Notice of intent to use the exemption is provided to the
  461  department, if the work is to be performed within the Northwest
  462  Florida Water Management District, or to the Suwannee River
  463  Water Management District, if the work is to be performed within
  464  the Suwannee River Water Management District, 30 days before
  465  prior to performing any work under the exemption.
  466  
  467  Within 30 days after this act becomes a law, the department
  468  shall initiate rulemaking to adopt a no fee general permit for
  469  the repair, stabilization, or paving of existing roads that are
  470  maintained by the county and the repair or replacement of
  471  bridges that are part of the roadway where such activities do
  472  not cause significant adverse impacts to occur individually or
  473  cumulatively. The general permit shall apply statewide and, with
  474  no additional rulemaking required, apply to qualified projects
  475  reviewed by the Suwannee River Water Management District, the
  476  St. Johns River Water Management District, the Southwest Florida
  477  Water Management District, and the South Florida Water
  478  Management District under the division of responsibilities
  479  contained in the operating agreements applicable to part IV of
  480  chapter 373. Upon adoption, this general permit shall, pursuant
  481  to the provisions of subsection (2), supersede and replace the
  482  exemption in this paragraph.
  483         (u) Notwithstanding any provision to the contrary in this
  484  subsection, a permit or other authorization under chapter 253,
  485  chapter 369, chapter 373, or this chapter is not required for an
  486  individual residential property owner for the removal of organic
  487  detrital material from freshwater rivers or lakes that have a
  488  natural sand or rocky substrate and that are not Aquatic
  489  Preserves or for the associated removal and replanting of
  490  aquatic vegetation for the purpose of environmental enhancement,
  491  providing that:
  492         1. No activities under this exemption are conducted in
  493  wetland areas, as defined in s. 373.019(27), which are supported
  494  by a natural soil as shown in applicable United States
  495  Department of Agriculture county soil surveys.
  496         2. No filling or peat mining is allowed.
  497         3. No removal of native wetland trees, including, but not
  498  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
  499         4. When removing organic detrital material, no portion of
  500  the underlying natural mineral substrate or rocky substrate is
  501  removed.
  502         5. Organic detrital material and plant material removed is
  503  deposited in an upland site in a manner that will not cause
  504  water quality violations.
  505         6. All activities are conducted in such a manner, and with
  506  appropriate turbidity controls, so as to prevent any water
  507  quality violations outside the immediate work area.
  508         7. Replanting with a variety of aquatic plants native to
  509  the state shall occur in a minimum of 25 percent of the
  510  preexisting vegetated areas where organic detrital material is
  511  removed, except for areas where the material is removed to bare
  512  rocky substrate; however, an area may be maintained clear of
  513  vegetation as an access corridor. The access corridor width may
  514  not exceed 50 percent of the property owner’s frontage or 50
  515  feet, whichever is less, and may be a sufficient length
  516  waterward to create a corridor to allow access for a boat or
  517  swimmer to reach open water. Replanting must be at a minimum
  518  density of 2 feet on center and be completed within 90 days
  519  after removal of existing aquatic vegetation, except that under
  520  dewatered conditions replanting must be completed within 90 days
  521  after reflooding. The area to be replanted must extend waterward
  522  from the ordinary high water line to a point where normal water
  523  depth would be 3 feet or the preexisting vegetation line,
  524  whichever is less. Individuals are required to make a reasonable
  525  effort to maintain planting density for a period of 6 months
  526  after replanting is complete, and the plants, including
  527  naturally recruited native aquatic plants, must be allowed to
  528  expand and fill in the revegetation area. Native aquatic plants
  529  to be used for revegetation must be salvaged from the
  530  enhancement project site or obtained from an aquatic plant
  531  nursery regulated by the Department of Agriculture and Consumer
  532  Services. Plants that are not native to the state may not be
  533  used for replanting.
  534         8. No activity occurs any farther than 100 feet waterward
  535  of the ordinary high water line, and all activities must be
  536  designed and conducted in a manner that will not unreasonably
  537  restrict or infringe upon the riparian rights of adjacent upland
  538  riparian owners.
  539         9. The person seeking this exemption notifies the
  540  applicable department district office in writing at least 30
  541  days before commencing work and allows the department to conduct
  542  a preconstruction site inspection. Notice must include an
  543  organic-detrital-material removal and disposal plan and, if
  544  applicable, a vegetation-removal and revegetation plan.
  545         10. The department is provided written certification of
  546  compliance with the terms and conditions of this paragraph
  547  within 30 days after completion of any activity occurring under
  548  this exemption.
  549         (v) Notwithstanding any other provision in this chapter,
  550  chapter 373, or chapter 161, a permit or other authorization is
  551  not required for the following exploratory activities associated
  552  with beach restoration and nourishment projects and inlet
  553  management activities:
  554         1. The collection of geotechnical, geophysical, and
  555  cultural resource data, including surveys, mapping, acoustic
  556  soundings, benthic and other biologic sampling, and coring.
  557         2. Oceanographic instrument deployment, including temporary
  558  installation on the seabed of coastal and oceanographic data
  559  collection equipment.
  560         3. Incidental excavation associated with any of the
  561  activities listed under subparagraph 1. or subparagraph 2.
  562         Section 3. This act shall take effect July 1, 2019.