Florida Senate - 2022                                    SB 1792
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-01619-22                                           20221792__
    1                        A bill to be entitled                      
    2         An act relating to the Caloosahatchee River watershed;
    3         amending s. 373.4595, F.S.; prohibiting the land
    4         application of septage from onsite sewage treatment
    5         and disposal systems within the watershed; removing a
    6         requirement for entities disposing of septage within
    7         the watershed to develop and submit a specified
    8         agricultural use plan to the Department of Health;
    9         directing the Department of Environmental Protection
   10         to adopt an updated Caloosahatchee River and Estuary
   11         Basin Management Action Plan by a specified date;
   12         requiring the department to prioritize certain
   13         remediation needs; requiring the department to
   14         estimate certain costs; requiring the department to
   15         award funds for specified purposes, subject to an
   16         appropriation in the General Appropriations Act;
   17         providing plan requirements; authorizing the
   18         department to waive matching funding requirements for
   19         rural areas of opportunity; providing an effective
   20         date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (b) of subsection (4) of section
   25  373.4595, Florida Statutes, is amended to read:
   26         373.4595 Northern Everglades and Estuaries Protection
   27  Program.—
   28         (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
   29  ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
   30  program shall be developed and implemented as specified in this
   31  subsection. To protect and restore surface water resources, the
   32  program shall address the reduction of pollutant loadings,
   33  restoration of natural hydrology, and compliance with applicable
   34  state water quality standards. The program shall be achieved
   35  through a phased program of implementation. In addition,
   36  pollutant load reductions based upon adopted total maximum daily
   37  loads established in accordance with s. 403.067 shall serve as a
   38  program objective. In the development and administration of the
   39  program, the coordinating agencies shall maximize opportunities
   40  provided by federal and local government cost-sharing programs
   41  and opportunities for partnerships with the private sector and
   42  local government. The program shall include a goal for salinity
   43  envelopes and freshwater inflow targets for the estuaries based
   44  upon existing research and documentation. The goal may be
   45  revised as new information is available. This goal shall seek to
   46  reduce the frequency and duration of undesirable salinity ranges
   47  while meeting the other water-related needs of the region,
   48  including water supply and flood protection, while recognizing
   49  the extent to which water inflows are within the control and
   50  jurisdiction of the district.
   51         (b) Caloosahatchee River Watershed Basin Management Action
   52  Plans.—The basin management action plans adopted pursuant to s.
   53  403.067 for the Caloosahatchee River watershed shall be the
   54  Caloosahatchee River Watershed Pollutant Control Program. The
   55  plans must shall be designed to be a multifaceted approach to
   56  reducing pollutant loads by improving the management of
   57  pollutant sources within the Caloosahatchee River watershed
   58  through implementation of regulations and best management
   59  practices, development and implementation of improved best
   60  management practices, improvement and restoration of the
   61  hydrologic function of natural and managed systems, and
   62  utilization of alternative technologies for pollutant reduction,
   63  such as cost-effective biologically based, hybrid
   64  wetland/chemical and other innovative nutrient control
   65  technologies. As provided in s. 403.067(7)(a)6., the
   66  Caloosahatchee River watershed basin management action plans
   67  must include milestones for implementation and water quality
   68  improvement, and an associated water quality monitoring
   69  component sufficient to evaluate whether reasonable progress in
   70  pollutant load reductions is being achieved over time. An
   71  assessment of progress toward these milestones must shall be
   72  conducted every 5 years and shall be provided to the Governor,
   73  the President of the Senate, and the Speaker of the House of
   74  Representatives. Revisions to the plans shall be made, as
   75  appropriate, as a result of each 5-year review. Revisions to the
   76  basin management action plans must shall be made by the
   77  department in cooperation with the basin stakeholders. Revisions
   78  to best management practices or other measures must follow the
   79  procedures set forth in s. 403.067(7)(c)4. Revised basin
   80  management action plans must be adopted pursuant to s.
   81  403.067(7)(a)5. The department shall develop an implementation
   82  schedule establishing 5-year, 10-year, and 15-year measurable
   83  milestones and targets to achieve the total maximum daily load
   84  no more than 20 years after adoption of the plan. The initial
   85  implementation schedule must shall be used to provide guidance
   86  for planning and funding purposes and is exempt from chapter
   87  120. Upon the first 5-year review, the implementation schedule
   88  must shall be adopted as part of the plans. If achieving the
   89  total maximum daily load within 20 years is not practicable, the
   90  implementation schedule must contain an explanation of the
   91  constraints that prevent achievement of the total maximum daily
   92  load within 20 years, an estimate of the time needed to achieve
   93  the total maximum daily load, and additional 5-year measurable
   94  milestones, as necessary. The coordinating agencies shall
   95  facilitate the use of federal programs that offer opportunities
   96  for water quality treatment, including preservation,
   97  restoration, or creation of wetlands on agricultural lands.
   98         1. Nonpoint source best management practices consistent
   99  with s. 403.067, designed to achieve the objectives of the
  100  Caloosahatchee River Watershed Protection Program, must shall be
  101  implemented on an expedited basis. The coordinating agencies may
  102  develop an intergovernmental agreement with local governments to
  103  implement the nonagricultural, nonpoint source best management
  104  practices within their respective geographic boundaries.
  105         2. This subsection does not preclude the department or the
  106  district from requiring compliance with water quality standards,
  107  adopted total maximum daily loads, or current best management
  108  practices requirements set forth in any applicable regulatory
  109  program authorized by law for the purpose of protecting water
  110  quality. This subsection applies only to the extent that it does
  111  not conflict with any rules adopted by the department or
  112  district which are necessary to maintain a federally delegated
  113  or approved program.
  114         3. Projects that make use of private lands, or lands held
  115  in trust for Indian tribes, to reduce pollutant loadings or
  116  concentrations within a basin, or that reduce the volume of
  117  harmful discharges by one or more of the following methods:
  118  restoring the natural hydrology of the basin, restoring wildlife
  119  habitat or impacted wetlands, reducing peak flows after storm
  120  events, or increasing aquifer recharge, are eligible for grants
  121  available under this section from the coordinating agencies.
  122         4. The Caloosahatchee River watershed basin management
  123  action plans must shall require assessment of current water
  124  management practices within the watershed and shall require
  125  development of recommendations for structural, nonstructural,
  126  and operational improvements. Such recommendations must shall
  127  consider and balance water supply, flood control, estuarine
  128  salinity, aquatic habitat, and water quality considerations.
  129         5. The department may not authorize the disposal of
  130  domestic wastewater biosolids within the Caloosahatchee River
  131  watershed unless the applicant can affirmatively demonstrate
  132  that the nutrients in the biosolids will not add to nutrient
  133  loadings in the watershed. This demonstration must shall be
  134  based on achieving a net balance between nutrient imports
  135  relative to exports on the permitted application site. Exports
  136  must shall include only nutrients removed from the watershed
  137  through products generated on the permitted application site.
  138  This prohibition does not apply to Class AA biosolids that are
  139  marketed and distributed as fertilizer products in accordance
  140  with department rule.
  141         6. The land application of septage from onsite sewage
  142  treatment and disposal systems within the Caloosahatchee River
  143  watershed is prohibited pursuant to s. 381.0065(6) The
  144  Department of Health shall require all entities disposing of
  145  septage within the Caloosahatchee River watershed to develop and
  146  submit to that agency an agricultural use plan that limits
  147  applications based upon nutrient loading consistent with any
  148  basin management action plan adopted pursuant to s. 403.067.
  149         7. The Department of Agriculture and Consumer Services
  150  shall require entities within the Caloosahatchee River watershed
  151  which land-apply animal manure to develop a resource management
  152  system level conservation plan, according to United States
  153  Department of Agriculture criteria, which limit such
  154  application. Such rules must shall include criteria and
  155  thresholds for the requirement to develop a conservation or
  156  nutrient management plan, requirements for plan approval, site
  157  inspection requirements, and recordkeeping requirements.
  158         8. The district shall initiate rulemaking to provide for a
  159  monitoring program for nonpoint source dischargers required to
  160  monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.
  161  The results of such monitoring must be reported to the
  162  coordinating agencies.
  163         9.By July 1, 2024, the department shall adopt an updated
  164  Caloosahatchee River and Estuary Basin Management Action Plan to
  165  include, in addition to the requirements of s. 403.067, all of
  166  the following elements:
  167         a.The wastewater treatment plan required by s.
  168  403.067(7)(a)9.a. and an implementation schedule to achieve the
  169  nutrient load reductions necessary to meet the requirements
  170  adopted in the management action plan for domestic wastewater
  171  treatment facilities. The department shall include estimated
  172  costs for the required nutrient load reductions from domestic
  173  wastewater facilities and standards for new domestic wastewater
  174  disposal facilities in the plan.
  175         b.The onsite sewage treatment and disposal system
  176  remediation plan required by s. 403.067(7)(a)9.b. The plan must
  177  address existing and the siting of new onsite treatment and
  178  disposal systems on lots less than 1 acre in size and must
  179  include an implementation schedule to achieve the nutrient load
  180  reductions adopted in the basin management action plan for
  181  onsite sewage treatment and disposal system sources. For these
  182  systems, the department shall include a priority ranking for
  183  each system or group of systems that require remediation. Upon
  184  an appropriation in the General Appropriations Act, the
  185  department shall award funds to implement the remediation
  186  projects, which may include all or part of the costs necessary
  187  for the repair, upgrade, replacement, drainfield modification,
  188  addition of effective nitrogen reducing features, initial
  189  connection to a central sewerage system, or other action. In
  190  awarding funds, the department may consider expected nutrient
  191  reduction benefit per unit cost, size and scope of project,
  192  relative local financial contribution to the project, and the
  193  financial impact on property owners and the community. The
  194  department may waive matching funding requirements for proposed
  195  projects within an area designated as a rural area of
  196  opportunity as defined in s. 288.0656(2).
  197         c.An identification of the best management practices or
  198  other management measures, including an implementation schedule,
  199  to be implemented by the holders of NPDES municipal separate
  200  storm sewer system permits and other stormwater sources to meet
  201  the nutrient load reductions adopted in the management action
  202  plan.
  203         Section 2. This act shall take effect July 1, 2022.