Florida Senate - 2026 SB 1510
By Senator Massullo
11-00759C-26 20261510__
1 A bill to be entitled
2 An act relating to the Department of Environmental
3 Protection; amending s. 20.255, F.S.; deleting
4 provisions creating the Environmental Regulation
5 Commission; amending s. 259.035, F.S.; expanding the
6 membership of the Acquisition and Restoration Council;
7 providing requirements for membership; defining the
8 term “metropolitan”; requiring the council to
9 administer the Florida Communities Trust; requiring
10 the council to coordinate with the department for
11 rulemaking and grant cycle administration of the
12 trust; conforming provisions to changes made by the
13 act; amending s. 259.105, F.S.; conforming a provision
14 to changes made by the act; amending s. 373.469, F.S.;
15 requiring that residential properties of a specified
16 size located in a certain area connect to a central
17 sewer system or upgrade to a specified type of
18 nutrient-reducing wastewater treatment system;
19 requiring a permitting agency to notify a property
20 owner of such requirement if the agency, before a
21 certain date, receives an application to repair,
22 modify, or replace a conventional onsite sewage
23 treatment and disposal system on certain property;
24 amending s. 373.807, F.S.; providing that remediation
25 plans for certain properties may not prohibit or
26 require certain actions relating to onsite sewage
27 treatment and disposal systems; repealing s. 373.811,
28 F.S., relating to prohibited activities within a basin
29 management action plan; amending s. 380.093, F.S.;
30 revising the definition of the term “community
31 eligible for a reduced cost share”; providing for a
32 type 2 transfer of powers and functions of the Florida
33 Communities Trust from the department to the
34 Acquisition and Restoration Council; amending s.
35 380.502, F.S.; revising legislative findings and
36 intent for the Florida Communities Trust; providing
37 for the transfer of the administration and oversight
38 of the trust from the department to the Acquisition
39 and Restoration Council for a specified purpose;
40 amending s. 380.504, F.S.; deleting provisions
41 relating to the membership, appointments, and
42 organizational structure of the governing board of the
43 trust; providing the purpose of the trust; amending s.
44 380.507, F.S.; deleting provisions authorizing the
45 trust to make certain loans; revising the powers of
46 the trust; repealing ss. 380.512, 380.513, and
47 380.514, F.S., relating to an annual report, corporate
48 existence, and inconsistent provisions of other laws
49 superseded, respectively; reenacting and amending s.
50 381.0065, F.S.; authorizing the department to annually
51 review and audit certain inspection and maintenance
52 reports for certain systems; authorizing the
53 department to adopt rules that establish certain
54 procedures; requiring the department to concurrently
55 process operating permits and construction permits
56 under certain circumstances; requiring that an
57 operating permit be obtained before the use of an
58 engineer-designed performance-based system; providing
59 a timeframe for the validity of certain operating
60 permits; requiring an operating permit modification
61 upon certain changes or modifications; providing
62 requirements for subsequent property owners when a
63 property with an onsite sewage treatment and disposal
64 system that requires an operating permit is sold or
65 transferred; requiring certain subsequent property
66 owners to provide notice and proof of ownership to the
67 department within a certain timeframe; providing an
68 exception to certain fees under certain circumstances;
69 requiring a maintenance entity permitted by the
70 department to submit a report to the department on a
71 specified basis; providing requirements for fees
72 submitted with an engineer-designed performance-based
73 system inspection report; deleting a requirement for a
74 property owner to obtain a certain permit from the
75 department for certain onsite sewage treatment and
76 disposal systems; revising the approval criteria for
77 certain onsite sewage treatment and disposal systems;
78 requiring an aerobic treatment unit maintenance entity
79 to submit an inspection report to the department under
80 certain circumstances; subjecting real estate
81 transactions for the transfer of title to properties
82 with a certain onsite sewage treatment and disposal
83 system to certain requirements; deleting a requirement
84 that the department contract with or delegate its
85 powers and duties to a county only; amending s.
86 403.067, F.S.; conforming a provision to changes made
87 by the act; providing a timeframe within which a basin
88 management action plan or plan amendment becomes
89 effective; prohibiting certain activities within a
90 basin management action plan, a reasonable assurance
91 plan, or a pollution reduction plan; making a
92 technical change; amending s. 403.0671, F.S.;
93 conforming a provision to changes made by the act;
94 amending s. 403.0872, F.S.; revising the date by which
95 major permitted sources of air pollution operating in
96 this state must pay an annual operation license fee;
97 authorizing the department to impose penalties if it
98 does not receive such fee by the specified date;
99 deleting provisions relating to costs for
100 administering air pollution construction permits;
101 amending s. 403.1838, F.S.; conforming provisions to
102 changes made by the act; repealing s. 403.804, F.S.,
103 relating to the powers and duties of the Environmental
104 Regulation Commission; amending s. 403.9301, F.S.;
105 revising the definition of the term “wastewater
106 services”; revising requirements for certain needs
107 analyses; amending s. 576.041, F.S.; revising the
108 requirements for inspection fees for fertilizers;
109 providing requirements for the calculation of
110 inspection fees paid for Class AA biosolids; amending
111 s. 576.045, F.S.; requiring licensees to pay a certain
112 fee for Class AA biosolids; amending ss. 120.81,
113 373.421, 403.031, 403.061, 403.704, 403.707, 403.7222,
114 403.7234, 403.803, 403.805, 403.8055, and 403.814,
115 F.S.; conforming provisions to changes made by the
116 act; amending ss. 376.302 and 380.5105, F.S.;
117 conforming cross-references; reenacting s.
118 381.0066(2)(k), F.S., relating to onsite sewage
119 treatment and disposal system fees, to incorporate the
120 amendment made to s. 381.0065, F.S., in a reference
121 thereto; reenacting s. 373.4595, F.S., relating to the
122 Northern Everglades and Estuaries Protection Program,
123 to incorporate the amendment made to s. 403.067, F.S.,
124 in a reference thereto; reenacting s. 403.0873, F.S.,
125 relating to the Florida Air-Operation License Fee
126 Account, to incorporate the amendment made to s.
127 403.0872, F.S., in a reference thereto; reenacting s.
128 403.1835(3)(d), F.S., relating to water pollution
129 control financial assistance, to incorporate the
130 amendment made to s. 403.1838, F.S., in a reference
131 thereto; providing an effective date.
132
133 Be It Enacted by the Legislature of the State of Florida:
134
135 Section 1. Subsection (6) of section 20.255, Florida
136 Statutes, is amended to read:
137 20.255 Department of Environmental Protection.—There is
138 created a Department of Environmental Protection.
139 (6) There is created as a part of the Department of
140 Environmental Protection an Environmental Regulation Commission.
141 The commission shall be composed of seven residents of this
142 state appointed by the Governor, subject to confirmation by the
143 Senate. In making appointments, the Governor shall provide
144 reasonable representation from all sections of the state.
145 Membership shall be representative of agriculture, the
146 development industry, local government, the environmental
147 community, lay citizens, and members of the scientific and
148 technical community who have substantial expertise in the areas
149 of the fate and transport of water pollutants, toxicology,
150 epidemiology, geology, biology, environmental sciences, or
151 engineering. The Governor shall appoint the chair, and the vice
152 chair shall be elected from among the membership. All
153 appointments shall be for 4-year terms. The Governor may at any
154 time fill a vacancy for the unexpired term. The members of the
155 commission shall serve without compensation, but shall be paid
156 travel and per diem as provided in s. 112.061 while in the
157 performance of their official duties. Administrative, personnel,
158 and other support services necessary for the commission shall be
159 furnished by the department. The commission may employ
160 independent counsel and contract for the services of outside
161 technical consultants.
162 Section 2. Paragraph (a) of subsection (1) and subsections
163 (2), (3), and (5) of section 259.035, Florida Statutes, are
164 amended to read:
165 259.035 Acquisition and Restoration Council.—
166 (1) There is created the Acquisition and Restoration
167 Council.
168 (a) The council shall be composed of 12 10 voting members,
169 6 4 of whom shall be appointed by the Governor. Of these 6 four
170 appointees, 3 must three shall be from scientific disciplines
171 related to land, water, or environmental sciences, 1 must and
172 the fourth shall have at least 5 years of experience in managing
173 lands for both active and passive types of recreation, 1 must be
174 a former elected official of a county, and 1 must be a former
175 elected official of a metropolitan municipality. As used in this
176 paragraph, the term “metropolitan” has the same meaning as in s.
177 380.503. They shall serve 4-year terms, except that, initially,
178 to provide for staggered terms, 2 two of the appointees shall
179 serve 2-year terms. All subsequent appointments shall be for 4
180 year terms. An appointee may not serve more than 6 years. The
181 Governor may at any time fill a vacancy for the unexpired term
182 of a member appointed under this paragraph.
183 (2) The 6 four members of the council appointed pursuant to
184 paragraph (1)(a) and the 2 two members of the council appointed
185 pursuant to paragraph (1)(c) shall receive reimbursement for
186 expenses and per diem for travel, to attend council meetings, as
187 allowed state officers and employees while in the performance of
188 their duties, pursuant to s. 112.061.
189 (3) The council shall:
190 (a) Provide assistance to the board in reviewing the
191 recommendations and plans for state-owned conservation lands
192 required under s. 253.034 and this chapter. The council shall,
193 in reviewing such plans, consider the optimization of multiple
194 use and conservation strategies to accomplish the provisions
195 funded pursuant to former s. 259.101(3)(a), Florida Statutes
196 2014, and to s. 259.105(3)(b).
197 (b) Effective July 1, 2026, administer the Florida
198 Communities Trust established in ss. 380.501–380.515, including
199 reviewing, approving, and overseeing project applications and
200 disbursements, and implementation measures consistent with the
201 trust’s purposes. The council shall coordinate with the
202 department for rulemaking and grant cycle administration for the
203 trust, ensuring alignment with the Florida Forever Act and the
204 state’s conservation priorities.
205 (5) An affirmative vote of 6 five members of the council is
206 required in order to change a project boundary or to place a
207 proposed project on a list developed pursuant to subsection (4).
208 Any member of the council, who by family or a business
209 relationship has a connection with all or a portion of any
210 proposed project, shall declare the interest before voting on
211 its inclusion on a list.
212 Section 3. Paragraph (i) of subsection (4) of section
213 259.105, Florida Statutes, is amended to read:
214 259.105 The Florida Forever Act.—
215 (4) It is the intent of the Legislature that projects or
216 acquisitions funded pursuant to paragraphs (3)(a) and (b)
217 contribute to the achievement of the following goals, which
218 shall be evaluated in accordance with specific criteria and
219 numeric performance measures developed pursuant to s.
220 259.035(4):
221 (i) Mitigate the effects of natural disasters and floods in
222 developed areas, as measured by:
223 1. The number of acres acquired within a 100-year
224 floodplain or a coastal high hazard area;
225 2. The number of acres acquired or developed to serve dual
226 functions as:
227 a. Flow ways or temporary water storage areas during
228 flooding or high water events, not including permanent
229 reservoirs; and
230 b. Greenways or open spaces available to the public for
231 recreation;
232 3. The number of acres that protect existing open spaces
233 and natural buffer areas within a floodplain that also serve as
234 natural flow ways or natural temporary water storage areas; and
235 4. The percentage of the land acquired within the project
236 boundary that creates additional open spaces, natural buffer
237 areas, and greenways within a floodplain, while precluding
238 rebuilding in areas that repeatedly flood.
239
240 Florida Forever projects and acquisitions funded pursuant to
241 paragraph (3)(c) shall be measured by goals developed by rule by
242 the Florida Communities Trust Governing Board created in s.
243 380.504.
244 Section 4. Paragraph (d) of subsection (3) of section
245 373.469, Florida Statutes, is amended to read:
246 373.469 Indian River Lagoon Protection Program.—
247 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
248 River Lagoon Protection Program consists of the Banana River
249 Lagoon Basin Management Action Plan, Central Indian River Lagoon
250 Basin Management Action Plan, North Indian River Lagoon Basin
251 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
252 Plan, and such plans are the components of the Indian River
253 Lagoon Protection Program which achieve phosphorous and nitrogen
254 load reductions for the Indian River Lagoon.
255 (d) Onsite sewage treatment and disposal systems.—
256 1. Beginning on January 1, 2024, unless previously
257 permitted, the installation of new onsite sewage treatment and
258 disposal systems is prohibited within the Banana River Lagoon
259 Basin Management Action Plan, Central Indian River Lagoon Basin
260 Management Action Plan, North Indian River Lagoon Basin
261 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
262 Plan areas where a publicly owned or investor-owned sewerage
263 system is available as defined in s. 381.0065(2)(a). Where
264 central sewerage is not available, only enhanced nutrient
265 reducing onsite sewage treatment and disposal systems or other
266 wastewater treatment systems that achieve at least 65 percent
267 nitrogen reduction are authorized.
268 2. By July 1, 2030, any commercial property or any
269 residential property of 10 acres or less with an existing onsite
270 sewage treatment and disposal system located within the Banana
271 River Lagoon Basin Management Action Plan, Central Indian River
272 Lagoon Basin Management Action Plan, North Indian River Lagoon
273 Basin Management Action Plan, and Mosquito Lagoon Reasonable
274 Assurance Plan areas must connect to central sewer if available
275 or upgrade to an enhanced nutrient-reducing onsite sewage
276 treatment and disposal system or other wastewater treatment
277 system that achieves at least 65 percent nitrogen reduction. For
278 all applications submitted before July 1, 2030, to a permitting
279 agency to repair, modify, or replace a conventional onsite
280 sewage treatment and disposal system on a commercial property or
281 a residential property of 10 acres or less, the permitting
282 agency shall notify the property owner of the requirement
283 provided in this subparagraph.
284 Section 5. Paragraph (a) of subsection (1) of section
285 373.807, Florida Statutes, is amended to read:
286 373.807 Protection of water quality in Outstanding Florida
287 Springs.—By July 1, 2016, the department shall initiate
288 assessment, pursuant to s. 403.067(3), of Outstanding Florida
289 Springs or spring systems for which an impairment determination
290 has not been made under the numeric nutrient standards in effect
291 for spring vents. Assessments must be completed by July 1, 2018.
292 (1)(a) Concurrent with the adoption of a nutrient total
293 maximum daily load for an Outstanding Florida Spring, the
294 department, or the department in conjunction with a water
295 management district, shall initiate development of a basin
296 management action plan, as specified in s. 403.067. For an
297 Outstanding Florida Spring with a nutrient total maximum daily
298 load adopted before July 1, 2016, the department, or the
299 department in conjunction with a water management district,
300 shall initiate development of a basin management action plan by
301 July 1, 2016. During the development of a basin management
302 action plan, if the department identifies onsite sewage
303 treatment and disposal systems as contributors of at least 20
304 percent of nonpoint source nitrogen pollution or if the
305 department determines remediation is necessary to achieve the
306 total maximum daily load, the basin management action plan must
307 shall include an onsite sewage treatment and disposal system
308 remediation plan pursuant to subsection (3) for those systems
309 identified as requiring remediation. For residential properties
310 greater than 10 acres located outside the boundary of an
311 established priority focus area of an Outstanding Florida
312 Spring, such remediation plans may not prohibit the construction
313 and installation of new conventional onsite sewage treatment and
314 disposal systems, unless central sewer is available, or require
315 existing conventional onsite sewage treatment and disposal
316 systems to upgrade to a nutrient-reducing onsite sewage
317 treatment and disposal system.
318 Section 6. Section 373.811, Florida Statutes, is repealed.
319 Section 7. Paragraph (e) of subsection (5) of section
320 380.093, Florida Statutes, is amended to read:
321 380.093 Resilient Florida Grant Program; comprehensive
322 statewide flood vulnerability and sea level rise data set and
323 assessment; Statewide Flooding and Sea Level Rise Resilience
324 Plan; regional resilience entities.—
325 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
326 (e) Each project included in the plan must have a minimum
327 50 percent cost share unless the project assists or is within a
328 community eligible for a reduced cost share. For purposes of
329 this section, the term “community eligible for a reduced cost
330 share” means:
331 1. A municipality that has a population of less than 10,000
332 or fewer, according to the most recent April 1 population
333 estimates posted on the Office of Economic and Demographic
334 Research’s website, and a per capita annual income that is less
335 than the state’s per capita annual income as shown in the most
336 recent release from the Bureau of the Census of the United
337 States Department of Commerce that includes both measurements;
338 2. A county that has a population of less than 50,000 or
339 fewer, according to the most recent April 1 population estimates
340 posted on the Office of Economic and Demographic Research’s
341 website, and a per capita annual income that is less than the
342 state’s per capita annual income as shown in the most recent
343 release from the Bureau of the Census of the United States
344 Department of Commerce that includes both measurements; or
345 3. A municipality or county that has a per capita annual
346 income that is equal to or less than 75 percent of the state’s
347 per capita annual income as shown in the most recent release
348 from the Bureau of the Census of the United States Department of
349 Commerce; or
350 4. A municipality or county that is a rural community as
351 defined in s. 288.0656(2).
352 Section 8. Subsection (3) of section 380.502, Florida
353 Statutes, is amended to read:
354 380.502 Legislative findings and intent.—
355 (3) The Legislature further finds that the goals of land
356 conservation and community development are best served through
357 coordinated decisionmaking and streamlined oversight. It is
358 therefore the intent of the Legislature to transfer the
359 administration and oversight of the Florida Communities Trust
360 from the Department of Environmental Protection to the
361 Acquisition and Restoration Council to improve consistency and
362 effectiveness in conservation land acquisition and resource
363 stewardship It is the intent of the Legislature to establish a
364 nonregulatory agency that will assist local governments in
365 bringing local comprehensive plans into compliance and
366 implementing the goals, objectives, and policies of the
367 conservation, recreation and open space, and coastal elements of
368 local comprehensive plans, or in conserving natural resources
369 and resolving land use conflicts by:
370 (a) Responding promptly and creatively to opportunities to
371 correct undesirable development patterns, restore degraded
372 natural areas, enhance resource values, restore deteriorated or
373 deteriorating urban waterfronts, preserve working waterfronts,
374 reserve lands for later purchase, participate in and promote the
375 use of innovative land acquisition methods, and provide public
376 access to surface waters.
377 (b) Providing financial and technical assistance to local
378 governments, state agencies, and nonprofit organizations to
379 carry out projects and activities and to develop programs
380 authorized by this part.
381 (c) Involving local governments and private interests in
382 voluntarily resolving land use conflicts and issues.
383 Section 9. Section 380.504, Florida Statutes, is amended to
384 read:
385 380.504 Florida Communities Trust; creation; membership;
386 expenses.—
387 (1) There is created within the Department of Environmental
388 Protection a nonregulatory state agency and instrumentality,
389 which shall be a public body corporate and politic, known as the
390 “Florida Communities Trust,.” administered by the Acquisition
391 and Restoration Council The governing body of the trust shall
392 consist of:
393 (a) The Secretary of Environmental Protection; and
394 (b) Four public members whom the Governor shall appoint
395 subject to Senate confirmation.
396
397 The Governor shall appoint a former elected official of a county
398 government, a former elected official of a metropolitan
399 municipal government, a representative of a nonprofit
400 organization as defined in this part, and a representative of
401 the development industry. The Secretary of Environmental
402 Protection may appoint his or her deputy secretary, the director
403 of the Division of State Lands, or the director of the Division
404 of Recreation and Parks to serve in his or her absence. The
405 Secretary of Environmental Protection shall be the chair of the
406 governing body of the trust. The Governor shall make his or her
407 appointments upon the expiration of any current terms or within
408 60 days after the effective date of the resignation of any
409 member.
410 (2) The purpose of the trust is to assist local governments
411 in bringing into compliance and implementing the conservation,
412 recreation and open space, and coastal elements of their
413 comprehensive plans or in conserving natural resources and
414 resolving land use conflicts by providing financial assistance
415 to local governments and nonprofit environmental organizations
416 to carry out projects and activities authorized by this part Of
417 the initial governing body members, two of the Governor’s
418 appointees shall serve for a term of 2 years and the remaining
419 one shall serve for a term of 4 years from the date of
420 appointment. Thereafter, governing body members whom the
421 Governor appoints shall serve for terms of 4 years. The Governor
422 may fill any vacancy for an unexpired term.
423 (3) Governing body members shall receive no compensation
424 for their services, but shall be entitled to the necessary
425 expenses, including per diem and travel expenses, incurred in
426 the discharge of their duties pursuant to this part, as provided
427 by law.
428 Section 10. Subsections (6), (7), (9) through (12), and
429 (14) of section 380.507, Florida Statutes, are amended to read:
430 380.507 Powers of the trust.—The trust shall have all the
431 powers necessary or convenient to carry out the purposes and
432 provisions of this part, including:
433 (6) To award grants and make loans to local governments and
434 nonprofit organizations for the purposes listed in subsection
435 (2) and for acquiring fee title and less than fee title, such as
436 conservation easements or other interests in land, for the
437 purposes of this part.
438 (7) To provide by grant or loan up to the total cost of any
439 project approved according to this part, including the local
440 share of federally supported projects. The trust may require
441 local funding participation in projects. The trust shall
442 determine the funding it will provide by considering the total
443 amount of funding available for the project, the fiscal
444 resources of other project participants, the urgency of the
445 project relative to other eligible projects, and other factors
446 which the trust shall have prescribed by rule. The trust may
447 fund up to 100 percent of any local government land acquisition
448 costs, if part of an approved project.
449 (9) To review project recommendations and funding
450 priorities and provide acquisition decisions To invest any funds
451 held in reserves or sinking funds, or any funds not required for
452 immediate disbursement, in such investments as may be authorized
453 for trust funds under s. 215.47, and in any other authorized
454 investments, if such investments are made on behalf of the trust
455 by the State Board of Administration.
456 (10) To contract for and to accept donations gifts, grants,
457 loans, or other aid from the United States Government or any
458 person or corporation, including donations gifts of real
459 property or any interest in real property.
460 (11) To submit project recommendations, funding priorities,
461 and acquisition decisions to the Acquisition and Restoration
462 Council, which shall have final approval authority over trust
463 expenditures and acquisitions to make rules necessary to carry
464 out the purposes of this part and to exercise any power granted
465 in this part, pursuant to chapter 120. The trust shall adopt
466 rules governing the acquisition of lands with proceeds from the
467 Florida Forever Trust Fund, consistent with the intent expressed
468 in the Florida Forever Act. Such rules for land acquisition must
469 include, but are not limited to, procedures for appraisals and
470 confidentiality consistent with ss. 125.355(1)(a) and (b) and
471 166.045(1)(a) and (b), a method of determining a maximum
472 purchase price, and procedures to assure that the land is
473 acquired in a voluntarily negotiated transaction, surveyed,
474 conveyed with marketable title, and examined for hazardous
475 materials contamination. Land acquisition procedures of a local
476 land authority created pursuant to s. 380.0663 may be used for
477 the land acquisition programs described in former s.
478 259.101(3)(c), Florida Statutes 2014, and in s. 259.105 if
479 within areas of critical state concern designated pursuant to s.
480 380.05, subject to approval of the trust.
481 (12) To develop, in conjunction with the council, rules,
482 policies, and guidelines for the administration of the trust
483 consistent with this part and ss. 259.035 and 259.105 to
484 contract with private consultants and nonprofit organizations
485 for professional and technical assistance and advice.
486 (14) To conduct promotional campaigns, including
487 advertising, for the sale of communities trust license plates
488 authorized in s. 320.08058.
489 Section 11. Section 380.512, Florida Statutes, is repealed.
490 Section 12. Section 380.513, Florida Statutes, is repealed.
491 Section 13. Section 380.514, Florida Statutes, is repealed.
492 Section 14. Paragraph (n) of subsection (3), and
493 subsections (4) and (9) of section 381.0065, Florida Statutes,
494 are amended, and subsection (7) of that section is reenacted, to
495 read:
496 381.0065 Onsite sewage treatment and disposal systems;
497 regulation.—
498 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
499 PROTECTION.—The department shall:
500 (n) Regulate and permit maintenance entities for
501 performance-based treatment systems and aerobic treatment unit
502 systems. To ensure systems are maintained and operated according
503 to manufacturer’s specifications and designs, the department
504 shall establish by rule minimum qualifying criteria for
505 maintenance entities. The criteria shall include training,
506 access to approved spare parts and components, access to
507 manufacturer’s maintenance and operation manuals, and service
508 response time. The maintenance entity shall employ a contractor
509 licensed under s. 489.105(3)(m), or part III of chapter 489, or
510 a state-licensed wastewater plant operator, who is responsible
511 for maintenance and repair of all systems under contract. The
512 department may annually review and audit up to 25 percent of all
513 inspection and maintenance reports submitted by such maintenance
514 entities for performance-based treatment systems and aerobic
515 treatment unit systems. The department may adopt rules to
516 establish procedures for such audits.
517 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
518 construct, repair, modify, abandon, or operate an onsite sewage
519 treatment and disposal system without first obtaining a permit
520 approved by the department. The department may issue permits to
521 carry out this section, except that the issuance of a permit for
522 work seaward of the coastal construction control line
523 established under s. 161.053 shall be contingent upon receipt of
524 any required coastal construction control line permit from the
525 department. A construction permit is valid for 18 months after
526 the date of issuance and may be extended by the department for
527 one 90-day period under rules adopted by the department. A
528 repair permit is valid for 90 days after the date of issuance.
529 When a person jointly applies for a construction permit and an
530 operating permit for the same onsite sewage treatment and
531 disposal system, the department shall concurrently process the
532 operating permit with the construction permit. An operating
533 permit must be obtained before the use of any aerobic treatment
534 unit or engineer-designed performance-based system, or if the
535 establishment generates commercial waste. Buildings or
536 establishments that use an aerobic treatment unit or generate
537 commercial waste shall be inspected by the department at least
538 annually to ensure assure compliance with the terms of the
539 operating permit. The operating permit for a residential or
540 other non-commercial onsite sewage treatment and disposal system
541 or aerobic treatment unit is valid for the lifetime of the
542 installation; however, any subsequent change in occupancy of the
543 property or any modification of the wastewater system requires
544 an operating permit modification upon such change. When an
545 onsite sewage treatment and disposal system that requires an
546 operating permit is sold or transferred, the subsequent owner
547 with a controlling interest shall provide written notice and
548 proof of ownership to the department to amend the operating
549 permit information within 60 days of such property sale or
550 transfer commercial wastewater system is valid for 1 year after
551 the date of issuance and must be renewed annually. The operating
552 permit for an aerobic treatment unit is valid for 2 years after
553 the date of issuance and must be renewed every 2 years. If all
554 information pertaining to the siting, location, and installation
555 conditions or repair of an onsite sewage treatment and disposal
556 system remains the same, a construction or repair permit for the
557 onsite sewage treatment and disposal system may be transferred
558 to another person, if the transferee files, within 60 days after
559 the transfer of ownership, an amended application providing all
560 corrected information and proof of ownership of the property. A
561 fee is not associated with the processing of this supplemental
562 information if only ownership information is updated to reflect
563 a permit transfer for a construction, repair, or an operating
564 permit. A person may not contract to construct, modify, alter,
565 repair, service, abandon, or maintain any portion of an onsite
566 sewage treatment and disposal system without being registered
567 under part III of chapter 489. A property owner who personally
568 performs construction, maintenance, or repairs to a system
569 serving his or her own owner-occupied single-family residence is
570 exempt from registration requirements for performing such
571 construction, maintenance, or repairs on that residence, but is
572 subject to all permitting requirements. A municipality or
573 political subdivision of the state may not issue a building or
574 plumbing permit for any building that requires the use of an
575 onsite sewage treatment and disposal system unless the owner or
576 builder has received a construction permit for such system from
577 the department. A building or structure may not be occupied and
578 a municipality, political subdivision, or any state or federal
579 agency may not authorize occupancy until the department approves
580 the final installation of the onsite sewage treatment and
581 disposal system. A municipality or political subdivision of the
582 state may not approve any change in occupancy or tenancy of a
583 building that uses an onsite sewage treatment and disposal
584 system until the department has reviewed the use of the system
585 with the proposed change, approved the change, and amended the
586 operating permit.
587 (a) Subdivisions and lots in which each lot has a minimum
588 area of at least one-half acre and either a minimum dimension of
589 100 feet or a mean of at least 100 feet of the side bordering
590 the street and the distance formed by a line parallel to the
591 side bordering the street drawn between the two most distant
592 points of the remainder of the lot may be developed with a water
593 system regulated under s. 381.0062 and onsite sewage treatment
594 and disposal systems, provided the projected daily sewage flow
595 does not exceed an average of 1,500 gallons per acre per day,
596 and provided satisfactory drinking water can be obtained and all
597 distance and setback, soil condition, water table elevation, and
598 other related requirements of this section and rules adopted
599 under this section can be met.
600 (b) Subdivisions and lots using a public water system as
601 defined in s. 403.852 may use onsite sewage treatment and
602 disposal systems, provided there are no more than four lots per
603 acre, provided the projected daily sewage flow does not exceed
604 an average of 2,500 gallons per acre per day, and provided that
605 all distance and setback, soil condition, water table elevation,
606 and other related requirements that are generally applicable to
607 the use of onsite sewage treatment and disposal systems are met.
608 (c) Notwithstanding paragraphs (a) and (b), for
609 subdivisions platted of record on or before October 1, 1991,
610 when a developer or other appropriate entity has previously made
611 or makes provisions, including financial assurances or other
612 commitments, acceptable to the department, that a central water
613 system will be installed by a regulated public utility based on
614 a density formula, private potable wells may be used with onsite
615 sewage treatment and disposal systems until the agreed-upon
616 densities are reached. In a subdivision regulated by this
617 paragraph, the average daily sewage flow may not exceed 2,500
618 gallons per acre per day. This section does not affect the
619 validity of existing prior agreements. After October 1, 1991,
620 the exception provided under this paragraph is not available to
621 a developer or other appropriate entity.
622 (d) Paragraphs (a) and (b) do not apply to any proposed
623 residential subdivision with more than 50 lots or to any
624 proposed commercial subdivision with more than 5 lots where a
625 publicly owned or investor-owned sewage treatment system is
626 available. This paragraph does not allow development of
627 additional proposed subdivisions in order to evade the
628 requirements of this paragraph.
629 (e) The department shall adopt rules relating to the
630 location of onsite sewage treatment and disposal systems,
631 including establishing setback distances, to prevent groundwater
632 contamination and surface water contamination and to preserve
633 the public health. The rules must consider conventional and
634 enhanced nutrient-reducing onsite sewage treatment and disposal
635 system designs, impaired or degraded water bodies, domestic
636 wastewater and drinking water infrastructure, potable water
637 sources, nonpotable wells, stormwater infrastructure, the onsite
638 sewage treatment and disposal system remediation plans developed
639 pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the
640 recommendations of the onsite sewage treatment and disposal
641 systems technical advisory committee established pursuant to
642 former s. 381.00652. The rules must also allow a person to apply
643 for and receive a variance from a rule requirement upon
644 demonstration that the requirement would cause an undue hardship
645 and granting the variance would not cause or contribute to the
646 exceedance of a total maximum daily load.
647 (f) Onsite sewage treatment and disposal systems that are
648 permitted before June 21, 2022, may not be placed closer than:
649 1. Seventy-five feet from a private potable well.
650 2. Two hundred feet from a public potable well serving a
651 residential or nonresidential establishment having a total
652 sewage flow of greater than 2,000 gallons per day.
653 3. One hundred feet from a public potable well serving a
654 residential or nonresidential establishment having a total
655 sewage flow of less than or equal to 2,000 gallons per day.
656 4. Fifty feet from any nonpotable well.
657 5. Ten feet from any storm sewer pipe, to the maximum
658 extent possible, but in no instance shall the setback be less
659 than 5 feet.
660 6. Seventy-five feet from the mean high-water line of a
661 tidally influenced surface water body.
662 7. Seventy-five feet from the mean annual flood line of a
663 permanent nontidal surface water body.
664 8. Fifteen feet from the design high-water line of
665 retention areas, detention areas, or swales designed to contain
666 standing or flowing water for less than 72 hours after a
667 rainfall or the design high-water level of normally dry drainage
668 ditches or normally dry individual lot stormwater retention
669 areas.
670 (g) This section and rules adopted under this section
671 relating to soil condition, water table elevation, distance, and
672 other setback requirements must be equally applied to all lots,
673 with the following exceptions:
674 1. Any residential lot that was platted and recorded on or
675 after January 1, 1972, or that is part of a residential
676 subdivision that was approved by the appropriate permitting
677 agency on or after January 1, 1972, and that was eligible for an
678 onsite sewage treatment and disposal system construction permit
679 on the date of such platting and recording or approval shall be
680 eligible for an onsite sewage treatment and disposal system
681 construction permit, regardless of when the application for a
682 permit is made. If rules in effect at the time the permit
683 application is filed cannot be met, residential lots platted and
684 recorded or approved on or after January 1, 1972, shall, to the
685 maximum extent possible, comply with the rules in effect at the
686 time the permit application is filed. At a minimum, however,
687 those residential lots platted and recorded or approved on or
688 after January 1, 1972, but before January 1, 1983, shall comply
689 with those rules in effect on January 1, 1983, and those
690 residential lots platted and recorded or approved on or after
691 January 1, 1983, shall comply with those rules in effect at the
692 time of such platting and recording or approval. In determining
693 the maximum extent of compliance with current rules that is
694 possible, the department shall allow structures and
695 appurtenances thereto which were authorized at the time such
696 lots were platted and recorded or approved.
697 2. Lots platted before 1972 are subject to a 50-foot
698 minimum surface water setback and are not subject to lot size
699 requirements. The projected daily flow for onsite sewage
700 treatment and disposal systems for lots platted before 1972 may
701 not exceed:
702 a. Two thousand five hundred gallons per acre per day for
703 lots served by public water systems as defined in s. 403.852.
704 b. One thousand five hundred gallons per acre per day for
705 lots served by water systems regulated under s. 381.0062.
706 (h)1. The department may grant variances in hardship cases
707 which may be less restrictive than the provisions specified in
708 this section. If a variance is granted and the onsite sewage
709 treatment and disposal system construction permit has been
710 issued, the variance may be transferred with the system
711 construction permit, if the transferee files, within 60 days
712 after the transfer of ownership, an amended construction permit
713 application providing all corrected information and proof of
714 ownership of the property and if the same variance would have
715 been required for the new owner of the property as was
716 originally granted to the original applicant for the variance. A
717 fee is not associated with the processing of this supplemental
718 information. A variance may not be granted under this section
719 until the department is satisfied that:
720 a. The hardship was not caused intentionally by the action
721 of the applicant;
722 b. A reasonable alternative, taking into consideration
723 factors such as cost, does not exist for the treatment of the
724 sewage; and
725 c. The discharge from the onsite sewage treatment and
726 disposal system will not adversely affect the health of the
727 applicant or the public or significantly degrade the groundwater
728 or surface waters.
729
730 Where soil conditions, water table elevation, and setback
731 provisions are determined by the department to be satisfactory,
732 special consideration must be given to those lots platted before
733 1972.
734 2. The department shall appoint and staff a variance review
735 and advisory committee, which shall meet monthly to recommend
736 agency action on variance requests. The committee shall make its
737 recommendations on variance requests at the meeting in which the
738 application is scheduled for consideration, except for an
739 extraordinary change in circumstances, the receipt of new
740 information that raises new issues, or when the applicant
741 requests an extension. The committee shall consider the criteria
742 in subparagraph 1. in its recommended agency action on variance
743 requests and shall also strive to allow property owners the full
744 use of their land where possible.
745 a. The committee is composed of the following:
746 (I) The Secretary of Environmental Protection or his or her
747 designee.
748 (II) A representative from the county health departments.
749 (III) A representative from the home building industry
750 recommended by the Florida Home Builders Association.
751 (IV) A representative from the septic tank industry
752 recommended by the Florida Onsite Wastewater Association.
753 (V) A representative from the Department of Health.
754 (VI) A representative from the real estate industry who is
755 also a developer in this state who develops lots using onsite
756 sewage treatment and disposal systems, recommended by the
757 Florida Association of Realtors.
758 (VII) A representative from the engineering profession
759 recommended by the Florida Engineering Society.
760 b. Members shall be appointed for a term of 3 years, with
761 such appointments being staggered so that the terms of no more
762 than two members expire in any one year. Members shall serve
763 without remuneration, but if requested, shall be reimbursed for
764 per diem and travel expenses as provided in s. 112.061.
765 3. The variance review and advisory committee is not
766 responsible for reviewing water well permitting. However, the
767 committee shall consider all requirements of law related to
768 onsite sewage treatment and disposal systems when making
769 recommendations on variance requests for onsite sewage treatment
770 and disposal system permits.
771 (i) A construction permit may not be issued for an onsite
772 sewage treatment and disposal system in any area zoned or used
773 for industrial or manufacturing purposes, or its equivalent,
774 where a publicly owned or investor-owned sewage treatment system
775 is available, or where a likelihood exists that the system will
776 receive toxic, hazardous, or industrial waste. An existing
777 onsite sewage treatment and disposal system may be repaired if a
778 publicly owned or investor-owned sewage treatment system is not
779 available within 500 feet of the building sewer stub-out and if
780 system construction and operation standards can be met. This
781 paragraph does not require publicly owned or investor-owned
782 sewage treatment systems to accept anything other than domestic
783 wastewater.
784 1. A building located in an area zoned or used for
785 industrial or manufacturing purposes, or its equivalent, when
786 such building is served by an onsite sewage treatment and
787 disposal system, must not be occupied until the owner or tenant
788 has obtained written approval from the department. The
789 department may not grant approval when the proposed use of the
790 system is to dispose of toxic, hazardous, or industrial
791 wastewater or toxic or hazardous chemicals.
792 2. Each person who owns or operates a business or facility
793 in an area zoned or used for industrial or manufacturing
794 purposes, or its equivalent, or who owns or operates a business
795 that has the potential to generate toxic, hazardous, or
796 industrial wastewater or toxic or hazardous chemicals, and uses
797 an onsite sewage treatment and disposal system that is installed
798 on or after July 5, 1989, must obtain an annual system operating
799 permit from the department. A person who owns or operates a
800 business that uses an onsite sewage treatment and disposal
801 system that was installed and approved before July 5, 1989, does
802 not need to obtain a system operating permit. However, upon
803 change of ownership or tenancy, the new owner or operator must
804 notify the department of the change, and the new owner or
805 operator must obtain an annual system operating permit,
806 regardless of the date that the system was installed or
807 approved.
808 3. The department shall periodically review and evaluate
809 the continued use of onsite sewage treatment and disposal
810 systems in areas zoned or used for industrial or manufacturing
811 purposes, or its equivalent, and may require the collection and
812 analyses of samples from within and around such systems. If the
813 department finds that toxic or hazardous chemicals or toxic,
814 hazardous, or industrial wastewater have been or are being
815 disposed of through an onsite sewage treatment and disposal
816 system, the department shall initiate enforcement actions
817 against the owner or tenant to ensure adequate cleanup,
818 treatment, and disposal.
819 (j) An onsite sewage treatment and disposal system designed
820 by a professional engineer registered in the state and certified
821 by such engineer as complying with performance criteria adopted
822 by the department must be approved by the department subject to
823 the following:
824 1. The performance criteria applicable to engineer-designed
825 systems must be limited to those necessary to ensure that such
826 systems do not adversely affect the public health or
827 significantly degrade the groundwater or surface water. Such
828 performance criteria shall include consideration of the quality
829 of system effluent, the proposed total sewage flow per acre,
830 wastewater treatment capabilities of the natural or replaced
831 soil, water quality classification of the potential surface
832 water-receiving body, and the structural and maintenance
833 viability of the system for the treatment of domestic
834 wastewater. However, performance criteria shall address only the
835 performance of a system and not a system’s design.
836 2. A person electing to use an engineer-designed system
837 shall, upon completion of the system design, submit such design,
838 certified by a registered professional engineer, to the county
839 health department. The county health department may use an
840 outside consultant to review the engineer-designed system, with
841 the actual cost of such review to be borne by the applicant.
842 Within 5 working days after receiving an engineer-designed
843 system permit application, the county health department shall
844 request additional information if the application is not
845 complete. Within 15 working days after receiving a complete
846 application for an engineer-designed system, the county health
847 department shall issue the permit or, if it determines that the
848 system does not comply with the performance criteria, shall
849 notify the applicant of that determination and refer the
850 application to the department for a determination as to whether
851 the system should be approved, disapproved, or approved with
852 modification. The department engineer’s determination shall
853 prevail over the action of the county health department. The
854 applicant shall be notified in writing of the department’s
855 determination and of the applicant’s rights to pursue a variance
856 or seek review under the provisions of chapter 120.
857 3. The owner of an engineer-designed performance-based
858 system must maintain a current maintenance service agreement
859 with a maintenance entity permitted by the department. The
860 maintenance entity shall inspect each system at least twice each
861 year and shall submit an inspection report to the department
862 each time the system is inspected which states report quarterly
863 to the department on the number of systems inspected and
864 serviced. The reports may be submitted electronically, and the
865 fee for such submittals may not exceed an inflation-adjusted
866 cost that would have otherwise been required for biennial
867 operating permit renewals prior to July 1, 2026.
868 4. The property owner of an owner-occupied, single-family
869 residence may be approved and permitted by the department as a
870 maintenance entity for his or her own performance-based
871 treatment system upon written certification from the system
872 manufacturer’s approved representative that the property owner
873 has received training on the proper installation and service of
874 the system. The maintenance service agreement must conspicuously
875 disclose that the property owner has the right to maintain his
876 or her own system and is exempt from contractor registration
877 requirements for performing construction, maintenance, or
878 repairs on the system but is subject to all permitting
879 requirements.
880 5. The property owner shall obtain a biennial system
881 operating permit from the department for each system. The
882 department may shall inspect the system at least annually, or on
883 such periodic basis as the fee collected permits, and may
884 collect system-effluent samples if appropriate to determine
885 compliance with the performance criteria. The fee for the
886 biennial operating permit must shall be collected beginning with
887 the second year of system operation.
888 6. If an engineer-designed system fails to properly
889 function or fails to meet performance standards, the system must
890 shall be re-engineered, if necessary, to bring the system into
891 compliance with the provisions of this section.
892 (k) An innovative system may be approved in conjunction
893 with an engineer-designed site-specific system that is certified
894 by the engineer to meet the performance-based criteria adopted
895 by the department.
896 (l) For the Florida Keys, the department shall adopt a
897 special rule for the construction, installation, modification,
898 operation, repair, maintenance, and performance of onsite sewage
899 treatment and disposal systems which considers the unique soil
900 conditions and water table elevations, densities, and setback
901 requirements. On lots where a setback distance of 75 feet from
902 surface waters, saltmarsh, and buttonwood association habitat
903 areas cannot be met, an injection well, approved and permitted
904 by the department, may be used for disposal of effluent from
905 onsite sewage treatment and disposal systems. The following
906 additional requirements apply to onsite sewage treatment and
907 disposal systems in Monroe County:
908 1. The county, each municipality, and those special
909 districts established for the purpose of the collection,
910 transmission, treatment, or disposal of sewage shall ensure, in
911 accordance with the specific schedules adopted by the
912 Administration Commission under s. 380.0552, the completion of
913 onsite sewage treatment and disposal system upgrades to meet the
914 requirements of this paragraph.
915 2. Onsite sewage treatment and disposal systems must cease
916 discharge by December 31, 2015, or must comply with department
917 rules and provide the level of treatment which, on a permitted
918 annual average basis, produces an effluent that contains no more
919 than the following concentrations:
920 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
921 b. Suspended Solids of 10 mg/l.
922 c. Total Nitrogen, expressed as N, of 10 mg/l or a
923 reduction in nitrogen of at least 70 percent. A system that has
924 been tested and certified to reduce nitrogen concentrations by
925 at least 70 percent shall be deemed to be in compliance with
926 this standard.
927 d. Total Phosphorus, expressed as P, of 1 mg/l.
928
929 In addition, onsite sewage treatment and disposal systems
930 discharging to an injection well must provide basic disinfection
931 as defined by department rule.
932 3. In areas not scheduled to be served by a central
933 sewerage system, onsite sewage treatment and disposal systems
934 must, by December 31, 2015, comply with department rules and
935 provide the level of treatment described in subparagraph 2.
936 4. In areas scheduled to be served by a central sewerage
937 system by December 31, 2015, if the property owner has paid a
938 connection fee or assessment for connection to the central
939 sewerage system, the property owner may install a holding tank
940 with a high water alarm or an onsite sewage treatment and
941 disposal system that meets the following minimum standards:
942 a. The existing tanks must be pumped and inspected and
943 certified as being watertight and free of defects in accordance
944 with department rule; and
945 b. A sand-lined drainfield or injection well in accordance
946 with department rule must be installed.
947 5. Onsite sewage treatment and disposal systems must be
948 monitored for total nitrogen and total phosphorus concentrations
949 as required by department rule.
950 6. The department shall enforce proper installation,
951 operation, and maintenance of onsite sewage treatment and
952 disposal systems pursuant to this chapter, including ensuring
953 that the appropriate level of treatment described in
954 subparagraph 2. is met.
955 7. The authority of a local government, including a special
956 district, to mandate connection of an onsite sewage treatment
957 and disposal system is governed by s. 4, chapter 99-395, Laws of
958 Florida.
959 8. Notwithstanding any other law, an onsite sewage
960 treatment and disposal system installed after July 1, 2010, in
961 unincorporated Monroe County, excluding special wastewater
962 districts, that complies with the standards in subparagraph 2.
963 is not required to connect to a central sewerage system until
964 December 31, 2020.
965 (m) A product sold in the state for use in onsite sewage
966 treatment and disposal systems may not contain any substance in
967 concentrations or amounts that would interfere with or prevent
968 the successful operation of such system, or that would cause
969 discharges from such systems to violate applicable water quality
970 standards. The department shall publish criteria for products
971 known or expected to meet the conditions of this paragraph. If a
972 product does not meet such criteria, such product may be sold if
973 the manufacturer satisfactorily demonstrates to the department
974 that the conditions of this paragraph are met.
975 (n) Evaluations for determining the seasonal high-water
976 table elevations or the suitability of soils for the use of a
977 new onsite sewage treatment and disposal system shall be
978 performed by department personnel, professional engineers
979 registered in the state, or such other persons with expertise,
980 as defined by rule, in making such evaluations. Evaluations for
981 determining mean annual flood lines shall be performed by those
982 persons identified in paragraph (2)(l). The department shall
983 accept evaluations submitted by professional engineers and such
984 other persons as meet the expertise established by this section
985 or by rule unless the department has a reasonable scientific
986 basis for questioning the accuracy or completeness of the
987 evaluation.
988 (o) An application for an onsite sewage treatment and
989 disposal system permit shall be completed in full, signed by the
990 owner or the owner’s authorized representative, or by a
991 contractor licensed under chapter 489, and shall be accompanied
992 by all required exhibits and fees. Specific documentation of
993 property ownership is not required as a prerequisite to the
994 review of an application or the issuance of a permit. The
995 issuance of a permit does not constitute determination by the
996 department of property ownership.
997 (p) The department may not require any form of subdivision
998 analysis of property by an owner, developer, or subdivider
999 before submission of an application for an onsite sewage
1000 treatment and disposal system.
1001 (q) This section does not limit the power of a municipality
1002 or county to enforce other laws for the protection of the public
1003 health and safety.
1004 (r) In the siting of onsite sewage treatment and disposal
1005 systems, including drainfields, shoulders, and slopes, guttering
1006 may not be required on single-family residential dwelling units
1007 for systems located greater than 5 feet from the roof drip line
1008 of the house. If guttering is used on residential dwelling
1009 units, the downspouts shall be directed away from the
1010 drainfield.
1011 (s) Notwithstanding subparagraph (g)1., onsite sewage
1012 treatment and disposal systems located in floodways of the
1013 Suwannee and Aucilla Rivers must adhere to the following
1014 requirements:
1015 1. The absorption surface of the drainfield may not be
1016 subject to flooding based on 10-year flood elevations. Provided,
1017 however, for lots or parcels created by the subdivision of land
1018 in accordance with applicable local government regulations
1019 before January 17, 1990, if an applicant cannot construct a
1020 drainfield system with the absorption surface of the drainfield
1021 at an elevation equal to or above 10-year flood elevation, the
1022 department shall issue a permit for an onsite sewage treatment
1023 and disposal system within the 10-year floodplain of rivers,
1024 streams, and other bodies of flowing water if all of the
1025 following criteria are met:
1026 a. The lot is at least one-half acre in size;
1027 b. The bottom of the drainfield is at least 36 inches above
1028 the 2-year flood elevation; and
1029 c. The applicant installs a waterless, incinerating, or
1030 organic waste composting toilet and a graywater system and
1031 drainfield in accordance with department rules; an aerobic
1032 treatment unit and drainfield in accordance with department
1033 rules; a system that is capable of reducing effluent nitrate by
1034 at least 50 percent in accordance with department rules; or a
1035 system other than a system using alternative drainfield
1036 materials in accordance with department rules. The United States
1037 Department of Agriculture Soil Conservation Service soil maps,
1038 State of Florida Water Management District data, and Federal
1039 Emergency Management Agency Flood Insurance maps are resources
1040 that shall be used to identify flood-prone areas.
1041 2. The use of fill or mounding to elevate a drainfield
1042 system out of the 10-year floodplain of rivers, streams, or
1043 other bodies of flowing water may not be permitted if such a
1044 system lies within a regulatory floodway of the Suwannee and
1045 Aucilla Rivers. In cases where the 10-year flood elevation does
1046 not coincide with the boundaries of the regulatory floodway, the
1047 regulatory floodway will be considered for the purposes of this
1048 subsection to extend at a minimum to the 10-year flood
1049 elevation.
1050 (t)1. The owner of an aerobic treatment unit system shall
1051 maintain a current maintenance service agreement with an aerobic
1052 treatment unit maintenance entity permitted by the department.
1053 The maintenance entity shall inspect each aerobic treatment unit
1054 system at least twice each year and shall submit an inspection
1055 report to the department each time the system is inspected
1056 stating report quarterly to the department on the number of
1057 aerobic treatment unit systems inspected and serviced. The
1058 reports may be submitted electronically, and the fee for such
1059 submittals may not exceed an inflation-adjusted cost that would
1060 have otherwise been required for biennial operating permit
1061 renewals prior to July 1, 2026.
1062 2. The property owner of an owner-occupied, single-family
1063 residence may be approved and permitted by the department as a
1064 maintenance entity for his or her own aerobic treatment unit
1065 system upon written certification from the system manufacturer’s
1066 approved representative that the property owner has received
1067 training on the proper installation and service of the system.
1068 The maintenance entity service agreement must conspicuously
1069 disclose that the property owner has the right to maintain his
1070 or her own system and is exempt from contractor registration
1071 requirements for performing construction, maintenance, or
1072 repairs on the system but is subject to all permitting
1073 requirements.
1074 3. A septic tank contractor licensed under part III of
1075 chapter 489, if approved by the manufacturer, may not be denied
1076 access by the manufacturer to aerobic treatment unit system
1077 training or spare parts for maintenance entities. After the
1078 original warranty period, component parts for an aerobic
1079 treatment unit system may be replaced with parts that meet
1080 manufacturer’s specifications but are manufactured by others.
1081 The maintenance entity shall maintain documentation of the
1082 substitute part’s equivalency for 2 years and shall provide such
1083 documentation to the department upon request.
1084 4. The owner of an aerobic treatment unit system shall
1085 obtain a system operating permit from the department and allow
1086 the department to inspect during reasonable hours each aerobic
1087 treatment unit system at least annually, and such inspection may
1088 include collection and analysis of system-effluent samples for
1089 performance criteria established by rule of the department.
1090 (u) The department may require the submission of detailed
1091 system construction plans that are prepared by a professional
1092 engineer registered in this state. The department shall
1093 establish by rule criteria for determining when such a
1094 submission is required.
1095 (v) Any permit issued and approved by the department for
1096 the installation, modification, or repair of an onsite sewage
1097 treatment and disposal system transfers shall transfer with the
1098 title to the property in a real estate transaction. For any such
1099 transfer of title to a property that has an onsite sewage
1100 treatment and disposal system that has not been abandoned in
1101 accordance with the section, or which is subject to a permit for
1102 the installation, modification, repair, or operation of such a
1103 system, the real estate transaction is subject to the following
1104 requirements:
1105 1. A title may not be encumbered at the time of transfer by
1106 new permit requirements by a governmental entity for an onsite
1107 sewage treatment and disposal system which differ from the
1108 permitting requirements in effect at the time the system was
1109 permitted, modified, or repaired.
1110 2. An inspection of a system may not be mandated by a
1111 governmental entity at the point of sale in a real estate
1112 transaction.
1113 3. At or before the time of such real estate transaction,
1114 the following notifications must be provided to the persons
1115 receiving ownership of the property:
1116 a. A disclosure statement clearly identifying that the
1117 property is subject to regulations for an onsite sewage
1118 treatment and disposal system;
1119 b. Information indicating the nature and location of any
1120 existing onsite sewage treatment and disposal system components;
1121 c. If applicable, a statement that the property is subject
1122 to an onsite sewage treatment and disposal system operating
1123 permit and that one or more of the persons receiving a
1124 controlling interest in the property are required pursuant to
1125 this subsection to provide written notice and proof of ownership
1126 to update the operating permit information within 60 days of
1127 such real estate transaction; and
1128 d. A copy of any valid permit for the installation,
1129 modification, repair, or operation of an onsite sewage treatment
1130 and disposal system which will transfer pursuant to this
1131 paragraph.
1132
1133 This paragraph does not affect a septic tank phase-out deferral
1134 program implemented by a consolidated government as defined in
1135 s. 9, Art. VIII of the State Constitution of 1885.
1136 (w) A governmental entity, including a municipality,
1137 county, or statutorily created commission, may not require an
1138 engineer-designed performance-based treatment system, excluding
1139 a passive engineer-designed performance-based treatment system,
1140 before the completion of the Florida Onsite Sewage Nitrogen
1141 Reduction Strategies Project. This paragraph does not apply to a
1142 governmental entity, including a municipality, county, or
1143 statutorily created commission, which adopted a local law,
1144 ordinance, or regulation on or before January 31, 2012.
1145 Notwithstanding this paragraph, an engineer-designed
1146 performance-based treatment system may be used to meet the
1147 requirements of the variance review and advisory committee
1148 recommendations.
1149 (x)1. An onsite sewage treatment and disposal system is not
1150 considered abandoned if the system is disconnected from a
1151 structure that was made unusable or destroyed following a
1152 disaster and if the system was properly functioning at the time
1153 of disconnection and was not adversely affected by the disaster.
1154 The onsite sewage treatment and disposal system may be
1155 reconnected to a rebuilt structure if:
1156 a. The reconnection of the system is to the same type of
1157 structure which contains the same number of bedrooms or fewer,
1158 if the square footage of the structure is less than or equal to
1159 110 percent of the original square footage of the structure that
1160 existed before the disaster;
1161 b. The system is not a sanitary nuisance; and
1162 c. The system has not been altered without prior
1163 authorization.
1164 2. An onsite sewage treatment and disposal system that
1165 serves a property that is foreclosed upon is not considered
1166 abandoned.
1167 (y) If an onsite sewage treatment and disposal system
1168 permittee receives, relies upon, and undertakes construction of
1169 a system based upon a validly issued construction permit under
1170 rules applicable at the time of construction but a change to a
1171 rule occurs within 5 years after the approval of the system for
1172 construction but before the final approval of the system, the
1173 rules applicable and in effect at the time of construction
1174 approval apply at the time of final approval if fundamental site
1175 conditions have not changed between the time of construction
1176 approval and final approval.
1177 (z) An existing-system inspection or evaluation and
1178 assessment, or a modification, replacement, or upgrade of an
1179 onsite sewage treatment and disposal system is not required for
1180 a remodeling addition or modification to a single-family home if
1181 a bedroom is not added. However, a remodeling addition or
1182 modification to a single-family home may not cover any part of
1183 the existing system or encroach upon a required setback or the
1184 unobstructed area. To determine if a setback or the unobstructed
1185 area is impacted, the local health department shall review and
1186 verify a floor plan and site plan of the proposed remodeling
1187 addition or modification to the home submitted by a remodeler
1188 which shows the location of the system, including the distance
1189 of the remodeling addition or modification to the home from the
1190 onsite sewage treatment and disposal system. The local health
1191 department may visit the site or otherwise determine the best
1192 means of verifying the information submitted. A verification of
1193 the location of a system is not an inspection or evaluation and
1194 assessment of the system. The review and verification must be
1195 completed within 7 business days after receipt by the local
1196 health department of a floor plan and site plan. If the review
1197 and verification is not completed within such time, the
1198 remodeling addition or modification to the single-family home,
1199 for the purposes of this paragraph, is approved.
1200 (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
1201 TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
1202 total maximum daily load, the department shall implement a fast
1203 track approval process of no longer than 6 months for the
1204 determination of the use of American National Standards
1205 Institute 245 systems approved by NSF International before July
1206 1, 2020. The department shall also establish an enhanced
1207 nutrient-reducing onsite sewage treatment and disposal system
1208 approval program that will expeditiously evaluate and approve
1209 such systems for use in this state to comply with ss.
1210 403.067(7)(a)10. and 373.469(3)(d).
1211 (9) CONTRACT OR DELEGATION AUTHORITY.—The department may
1212 contract with or delegate its powers and duties under this
1213 section to a county as provided in s. 403.061 or s. 403.182.
1214 Section 15. Paragraph (c) of subsection (6) and paragraph
1215 (a) of subsection (7) of section 403.067, Florida Statutes, are
1216 amended to read:
1217 403.067 Establishment and implementation of total maximum
1218 daily loads.—
1219 (6) CALCULATION AND ALLOCATION.—
1220 (c) Adoption of rules. The total maximum daily load
1221 calculations and allocations established under this subsection
1222 for each water body or water body segment shall be adopted by
1223 rule by the secretary pursuant to ss. 120.536(1), 120.54, and
1224 403.805. Where additional data collection and analysis are
1225 needed to increase the scientific precision and accuracy of the
1226 total maximum daily load, the department is authorized to adopt
1227 phased total maximum daily loads that are subject to change as
1228 additional data becomes available. Where phased total maximum
1229 daily loads are proposed, the department shall, in the detailed
1230 statement of facts and circumstances justifying the rule,
1231 explain why the data are inadequate so as to justify a phased
1232 total maximum daily load. The rules adopted pursuant to this
1233 paragraph are not subject to approval by the Environmental
1234 Regulation Commission and are not subject to the provisions of
1235 s. 120.541(3). As part of the rule development process, the
1236 department shall hold at least one public workshop in the
1237 vicinity of the water body or water body segment for which the
1238 total maximum daily load is being developed. Notice of the
1239 public workshop shall be published not less than 5 days nor more
1240 than 15 days before the public workshop in a newspaper of
1241 general circulation in the county or counties containing the
1242 water bodies or water body segments for which the total maximum
1243 daily load calculation and allocation are being developed.
1244 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1245 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1246 (a) Basin management action plans.—
1247 1. In developing and implementing the total maximum daily
1248 load for a waterbody, the department, or the department in
1249 conjunction with a water management district, may develop a
1250 basin management action plan that addresses some or all of the
1251 watersheds and basins tributary to the waterbody. Such plan must
1252 integrate the appropriate management strategies available to the
1253 state through existing water quality protection programs to
1254 achieve the total maximum daily loads and may provide for phased
1255 implementation of these management strategies to promote timely,
1256 cost-effective actions as provided for in s. 403.151. The plan
1257 must establish a schedule implementing the management
1258 strategies, establish a basis for evaluating the plan’s
1259 effectiveness, and identify feasible funding strategies for
1260 implementing the plan’s management strategies. The management
1261 strategies may include regional treatment systems or other
1262 public works, when appropriate, and voluntary trading of water
1263 quality credits to achieve the needed pollutant load reductions.
1264 2. A basin management action plan must equitably allocate,
1265 pursuant to paragraph (6)(b), pollutant reductions to individual
1266 basins, as a whole to all basins, or to each identified point
1267 source or category of nonpoint sources, as appropriate. For
1268 nonpoint sources for which best management practices have been
1269 adopted, the initial requirement specified by the plan must be
1270 those practices developed pursuant to paragraph (c). When
1271 appropriate, the plan may take into account the benefits of
1272 pollutant load reduction achieved by point or nonpoint sources
1273 that have implemented management strategies to reduce pollutant
1274 loads, including best management practices, before the
1275 development of the basin management action plan. The plan must
1276 also identify the mechanisms that will address potential future
1277 increases in pollutant loading.
1278 3. The basin management action planning process is intended
1279 to involve the broadest possible range of interested parties,
1280 with the objective of encouraging the greatest amount of
1281 cooperation and consensus possible. In developing a basin
1282 management action plan, the department shall assure that key
1283 stakeholders, including, but not limited to, applicable local
1284 governments, water management districts, the Department of
1285 Agriculture and Consumer Services, other appropriate state
1286 agencies, local soil and water conservation districts,
1287 environmental groups, regulated interests, and affected
1288 pollution sources, are invited to participate in the process.
1289 The department shall hold at least one public meeting in the
1290 vicinity of the watershed or basin to discuss and receive
1291 comments during the planning process and shall otherwise
1292 encourage public participation to the greatest practicable
1293 extent. Notice of the public meeting must be published in a
1294 newspaper of general circulation in each county in which the
1295 watershed or basin lies at least 5 days, but not more than 15
1296 days, before the public meeting. A basin management action plan
1297 does not supplant or otherwise alter any assessment made under
1298 subsection (3) or subsection (4) or any calculation or initial
1299 allocation.
1300 4. Each new or revised basin management action plan must
1301 include all of the following:
1302 a. The appropriate management strategies available through
1303 existing water quality protection programs to achieve total
1304 maximum daily loads, which may provide for phased implementation
1305 to promote timely, cost-effective actions as provided for in s.
1306 403.151.
1307 b. A description of best management practices adopted by
1308 rule.
1309 c. For the applicable 5-year implementation milestone, a
1310 list of projects that will achieve the pollutant load reductions
1311 needed to meet the total maximum daily load or the load
1312 allocations established pursuant to subsection (6). Each project
1313 must include a planning-level cost estimate and an estimated
1314 date of completion.
1315 d. A list of projects developed pursuant to paragraph (e),
1316 if applicable.
1317 e. The source and amount of financial assistance to be made
1318 available by the department, a water management district, or
1319 other entity for each listed project, if applicable.
1320 f. A planning-level estimate of each listed project’s
1321 expected load reduction, if applicable.
1322 5. The department shall adopt all or any part of a basin
1323 management action plan and any amendment to such plan by
1324 secretarial order pursuant to chapter 120 to implement this
1325 section. A basin management action plan and any amendment to
1326 such plan become effective 60 days after the date the
1327 secretarial order is filed.
1328 6. The basin management action plan must include 5-year
1329 milestones for implementation and water quality improvement, and
1330 an associated water quality monitoring component sufficient to
1331 evaluate whether reasonable progress in pollutant load
1332 reductions is being achieved over time. An assessment of
1333 progress toward these milestones shall be conducted every 5
1334 years, and revisions to the plan shall be made as appropriate.
1335 Any entity with a specific pollutant load reduction requirement
1336 established in a basin management action plan shall identify the
1337 projects or strategies that such entity will undertake to meet
1338 current 5-year pollution reduction milestones, beginning with
1339 the first 5-year milestone for new basin management action
1340 plans, and submit such projects to the department for inclusion
1341 in the appropriate basin management action plan. Each project
1342 identified must include an estimated amount of nutrient
1343 reduction that is reasonably expected to be achieved based on
1344 the best scientific information available. Revisions to the
1345 basin management action plan shall be made by the department in
1346 cooperation with basin stakeholders. Revisions to the management
1347 strategies required for nonpoint sources must follow the
1348 procedures in subparagraph (c)4. Revised basin management action
1349 plans must be adopted pursuant to subparagraph 5.
1350 7. In accordance with procedures adopted by rule under
1351 paragraph (9)(c), basin management action plans, and other
1352 pollution control programs under local, state, or federal
1353 authority as provided in subsection (4), may allow point or
1354 nonpoint sources that will achieve greater pollutant reductions
1355 than required by an adopted total maximum daily load or
1356 wasteload allocation to generate, register, and trade water
1357 quality credits for the excess reductions to enable other
1358 sources to achieve their allocation; however, the generation of
1359 water quality credits does not remove the obligation of a source
1360 or activity to meet applicable technology requirements or
1361 adopted best management practices. Such plans must allow trading
1362 between NPDES permittees, and trading that may or may not
1363 involve NPDES permittees, where the generation or use of the
1364 credits involve an entity or activity not subject to department
1365 water discharge permits whose owner voluntarily elects to obtain
1366 department authorization for the generation and sale of credits.
1367 8. The department’s rule relating to the equitable
1368 abatement of pollutants into surface waters do not apply to
1369 water bodies or waterbody segments for which a basin management
1370 plan that takes into account future new or expanded activities
1371 or discharges has been adopted under this section.
1372 9. In order to promote resilient wastewater utilities, if
1373 the department identifies domestic wastewater treatment
1374 facilities or onsite sewage treatment and disposal systems as
1375 contributors of at least 20 percent of point source or nonpoint
1376 source nutrient pollution or if the department determines
1377 remediation is necessary to achieve the total maximum daily
1378 load, a basin management action plan for a nutrient total
1379 maximum daily load must include the following:
1380 a. A domestic wastewater treatment plan developed by each
1381 local government, in cooperation with the department, the water
1382 management district, and the public and private domestic
1383 wastewater treatment facilities providing services or located
1384 within the jurisdiction of the local government, which addresses
1385 domestic wastewater. Private domestic wastewater facilities and
1386 special districts providing domestic wastewater services must
1387 provide the required wastewater facility information to the
1388 applicable local governments. The domestic wastewater treatment
1389 plan must:
1390 (I) Provide for construction, expansion, or upgrades
1391 necessary to achieve the total maximum daily load requirements
1392 applicable to the domestic wastewater treatment facility.
1393 (II) Include the permitted capacity in average annual
1394 gallons per day for the domestic wastewater treatment facility;
1395 the average nutrient concentration and the estimated average
1396 nutrient load of the domestic wastewater; a projected timeline
1397 of the dates by which the construction of any facility
1398 improvements will begin and be completed and the date by which
1399 operations of the improved facility will begin; the estimated
1400 cost of the improvements; and the identity of responsible
1401 parties.
1402
1403 The domestic wastewater treatment plan must be adopted as part
1404 of the basin management action plan no later than July 1, 2025.
1405 A local government that does not have a domestic wastewater
1406 treatment facility in its jurisdiction is not required to
1407 develop a domestic wastewater treatment plan unless there is a
1408 demonstrated need to establish a domestic wastewater treatment
1409 facility within its jurisdiction to improve water quality
1410 necessary to achieve a total maximum daily load. A local
1411 government is not responsible for a private domestic wastewater
1412 facility’s compliance with a basin management action plan unless
1413 such facility is operated through a public-private partnership
1414 to which the local government is a party.
1415 b. An onsite sewage treatment and disposal system
1416 remediation plan developed by each local government in
1417 cooperation with the department, the Department of Health, water
1418 management districts, and public and private domestic wastewater
1419 treatment facilities.
1420 (I) The onsite sewage treatment and disposal system
1421 remediation plan must identify cost-effective and financially
1422 feasible projects necessary to achieve the nutrient load
1423 reductions required for onsite sewage treatment and disposal
1424 systems. To identify cost-effective and financially feasible
1425 projects for remediation of onsite sewage treatment and disposal
1426 systems, the local government shall:
1427 (A) Include an inventory of onsite sewage treatment and
1428 disposal systems based on the best information available;
1429 (B) Identify onsite sewage treatment and disposal systems
1430 that would be eliminated through connection to existing or
1431 future central domestic wastewater infrastructure in the
1432 jurisdiction or domestic wastewater service area of the local
1433 government, that would be replaced with or upgraded to enhanced
1434 nutrient-reducing onsite sewage treatment and disposal systems,
1435 or that would remain on conventional onsite sewage treatment and
1436 disposal systems;
1437 (C) Estimate the costs of potential onsite sewage treatment
1438 and disposal system connections, upgrades, or replacements; and
1439 (D) Identify deadlines and interim milestones for the
1440 planning, design, and construction of projects.
1441 (II) The department shall adopt the onsite sewage treatment
1442 and disposal system remediation plan as part of the basin
1443 management action plan no later than July 1, 2025, or as
1444 required for Outstanding Florida Springs under s. 373.807.
1445 10. The following activities are prohibited within a basin
1446 management action plan adopted under this section, a reasonable
1447 assurance plan, or a pollution reduction plan:
1448 a. The installation of new onsite sewage treatment and
1449 disposal systems constructed within a basin management action
1450 plan area adopted under this section, a reasonable assurance
1451 plan, or a pollution reduction plan is prohibited where
1452 connection to a publicly owned or investor-owned sewerage system
1453 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1454 or less within a basin management action plan adopted under this
1455 section, a reasonable assurance plan, or a pollution reduction
1456 plan where a publicly owned or investor-owned sewerage system is
1457 not available, the installation of enhanced nutrient-reducing
1458 onsite sewage treatment and disposal systems, distributed
1459 wastewater treatment systems as defined in s. 403.814(13), or
1460 other wastewater treatment systems that achieve at least 65
1461 percent nitrogen reduction is required.
1462 b. The construction or installation of new domestic
1463 wastewater disposal facilities, including rapid infiltration
1464 basins, with permitted capacities of 100,000 or more gallons per
1465 day, except for those facilities that meet an advanced
1466 wastewater treatment standard of no more than 3 mg/l total
1467 nitrogen and 1 mg/l total phosphorus on an annual permitted
1468 basis, or a more stringent treatment standard if the department
1469 determines the more stringent standard is necessary to attain a
1470 total maximum daily load.
1471 c. The construction or installation of new facilities for
1472 the disposal of hazardous waste.
1473 11. When identifying wastewater projects in a basin
1474 management action plan, the department may not require the
1475 higher cost option if it achieves the same nutrient load
1476 reduction as a lower cost option. A regulated entity may choose
1477 a different cost option if it complies with the pollutant
1478 reduction requirements of an adopted total maximum daily load
1479 and meets or exceeds the pollution reduction requirement of the
1480 original project.
1481 12. Annually, local governments subject to a basin
1482 management action plan or located within the basin of a
1483 waterbody not attaining nutrient or nutrient-related standards
1484 must provide to the department an update on the status of
1485 construction of sanitary sewers to serve such areas, in a manner
1486 prescribed by the department.
1487 Section 16. Paragraph (e) of subsection (1) of section
1488 403.0671, Florida Statutes, is amended to read:
1489 403.0671 Basin management action plan wastewater reports.—
1490 (1) By July 1, 2021, the department, in coordination with
1491 the county health departments, wastewater treatment facilities,
1492 and other governmental entities, shall submit a report to the
1493 Governor, the President of the Senate, and the Speaker of the
1494 House of Representatives evaluating the costs of wastewater
1495 projects identified in the basin management action plans
1496 developed pursuant to ss. 373.807 and 403.067(7) and the onsite
1497 sewage treatment and disposal system remediation plans and other
1498 restoration plans developed to meet the total maximum daily
1499 loads required under s. 403.067. The report must include all of
1500 the following:
1501 (e) The projected costs of installing enhanced nutrient
1502 reducing onsite sewage treatment and disposal systems on
1503 buildable lots in priority focus areas to comply with s.
1504 373.811.
1505 Section 17. Subsection (11) of section 403.0872, Florida
1506 Statutes, is amended to read:
1507 403.0872 Operation permits for major sources of air
1508 pollution; annual operation license fee.—Provided that program
1509 approval pursuant to 42 U.S.C. s. 7661a has been received from
1510 the United States Environmental Protection Agency, beginning
1511 January 2, 1995, each major source of air pollution, including
1512 electrical power plants certified under s. 403.511, must obtain
1513 from the department an operation permit for a major source of
1514 air pollution under this section. This operation permit is the
1515 only department operation permit for a major source of air
1516 pollution required for such source; provided, at the applicant’s
1517 request, the department shall issue a separate acid rain permit
1518 for a major source of air pollution that is an affected source
1519 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
1520 for major sources of air pollution, except general permits
1521 issued pursuant to s. 403.814, must be issued in accordance with
1522 the procedures contained in this section and in accordance with
1523 chapter 120; however, to the extent that chapter 120 is
1524 inconsistent with this section, the procedures contained in this
1525 section prevail.
1526 (11) Each major source of air pollution permitted to
1527 operate in this state must pay by June 30 between January 15 and
1528 April 1 of each year, upon written notice from the department,
1529 an annual operation license fee in an amount determined by
1530 department rule. The annual operation license fee shall be
1531 terminated immediately in the event the United States
1532 Environmental Protection Agency imposes annual fees solely to
1533 implement and administer the major source air-operation permit
1534 program in Florida under 40 C.F.R. s. 70.10(d).
1535 (a) The annual fee must be assessed based upon the source’s
1536 previous year’s emissions and must be calculated by multiplying
1537 the applicable annual operation license fee factor times the
1538 tons of each regulated air pollutant actually emitted, as
1539 calculated in accordance with the department’s emissions
1540 computation and reporting rules. The annual fee shall only apply
1541 to those regulated pollutants, except carbon monoxide and
1542 greenhouse gases, for which an allowable numeric emission
1543 limiting standard is specified in the source’s most recent
1544 construction or operation permit; provided, however, that:
1545 1. The license fee factor is $25 or another amount
1546 determined by department rule which ensures that the revenue
1547 provided by each year’s operation license fees is sufficient to
1548 cover all reasonable direct and indirect costs of the major
1549 stationary source air-operation permit program established by
1550 this section. The license fee factor may be increased beyond $25
1551 only if the secretary of the department affirmatively finds that
1552 a shortage of revenue for support of the major stationary source
1553 air-operation permit program will occur in the absence of a fee
1554 factor adjustment. The annual license fee factor may never
1555 exceed $35.
1556 2. The amount of each regulated air pollutant in excess of
1557 4,000 tons per year emitted by any source, or group of sources
1558 belonging to the same Major Group as described in the Standard
1559 Industrial Classification Manual, 1987, may not be included in
1560 the calculation of the fee. Any source, or group of sources,
1561 which does not emit any regulated air pollutant in excess of
1562 4,000 tons per year, is allowed a one-time credit not to exceed
1563 25 percent of the first annual licensing fee for the prorated
1564 portion of existing air-operation permit application fees
1565 remaining upon commencement of the annual licensing fees.
1566 3. If the department has not received the fee by March 1 of
1567 the calendar year, the permittee must be sent a written warning
1568 of the consequences for failing to pay the fee by April 1. If
1569 the fee is not postmarked by June 30 April 1 of the calendar
1570 year, the department shall impose, in addition to the fee, a
1571 penalty of 50 percent of the amount of the fee, plus interest on
1572 such amount computed in accordance with s. 220.807. The
1573 department may not impose such penalty or interest on any amount
1574 underpaid, provided that the permittee has timely remitted
1575 payment of at least 90 percent of the amount determined to be
1576 due and remits full payment within 60 days after receipt of
1577 notice of the amount underpaid. The department may waive the
1578 collection of underpayment and may not be required to refund
1579 overpayment of the fee, if the amount due is less than 1 percent
1580 of the fee, up to $50. The department may revoke any major air
1581 pollution source operation permit if it finds that the
1582 permitholder has failed to timely pay any required annual
1583 operation license fee, penalty, or interest.
1584 4. Notwithstanding the computational provisions of this
1585 subsection, the annual operation license fee for any source
1586 subject to this section may not be less than $250, except that
1587 the annual operation license fee for sources permitted solely
1588 through general permits issued under s. 403.814 may not exceed
1589 $50 per year.
1590 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
1591 air pollution construction permit fees, the department may not
1592 require such fees for changes or additions to a major source of
1593 air pollution permitted pursuant to this section, unless the
1594 activity triggers permitting requirements under Title I, Part C
1595 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
1596 7514a. Costs to issue and administer such permits shall be
1597 considered direct and indirect costs of the major stationary
1598 source air-operation permit program under s. 403.0873. The
1599 department shall, however, require fees pursuant to s.
1600 403.087(7)(a)5.a. for the construction of a new major source of
1601 air pollution that will be subject to the permitting
1602 requirements of this section once constructed and for activities
1603 triggering permitting requirements under Title I, Part C or Part
1604 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.
1605 (b) Annual operation license fees collected by the
1606 department must be sufficient to cover all reasonable direct and
1607 indirect costs required to develop and administer the major
1608 stationary source air-operation permit program, which shall
1609 consist of the following elements to the extent that they are
1610 reasonably related to the regulation of major stationary air
1611 pollution sources, in accordance with United States
1612 Environmental Protection Agency regulations and guidelines:
1613 1. Reviewing and acting upon any application for such a
1614 permit.
1615 2. Implementing and enforcing the terms and conditions of
1616 any such permit, excluding court costs or other costs associated
1617 with any enforcement action.
1618 3. Emissions and ambient monitoring.
1619 4. Preparing generally applicable regulations or guidance.
1620 5. Modeling, analyses, and demonstrations.
1621 6. Preparing inventories and tracking emissions.
1622 7. Implementing the Small Business Stationary Source
1623 Technical and Environmental Compliance Assistance Program.
1624 8. Any audits conducted under paragraph (c).
1625 (c) An audit of the major stationary source air-operation
1626 permit program must be conducted 2 years after the United States
1627 Environmental Protection Agency has given full approval of the
1628 program to ascertain whether the annual operation license fees
1629 collected by the department are used solely to support any
1630 reasonable direct and indirect costs as listed in paragraph (b).
1631 A program audit must be performed biennially after the first
1632 audit.
1633 Section 18. Paragraphs (a) and (b) of subsection (3) of
1634 section 403.1838, Florida Statutes, are amended to read:
1635 403.1838 Small Community Sewer Construction Assistance
1636 Act.—
1637 (3)(a) In accordance with rules adopted by the department
1638 Environmental Regulation Commission under this section, the
1639 department may provide grants, from funds specifically
1640 appropriated for this purpose, to financially disadvantaged
1641 small communities for up to 100 percent of the costs of
1642 planning, designing, constructing, upgrading, or replacing
1643 wastewater collection, transmission, treatment, disposal, and
1644 reuse facilities, including necessary legal and administrative
1645 expenses.
1646 (b) The rules of the department Environmental Regulation
1647 Commission must:
1648 1. Require that projects to plan, design, construct,
1649 upgrade, or replace wastewater collection, transmission,
1650 treatment, disposal, and reuse facilities be cost-effective,
1651 environmentally sound, permittable, and implementable.
1652 2. Require appropriate user charges, connection fees, and
1653 other charges sufficient to ensure the long-term operation,
1654 maintenance, and replacement of the facilities constructed under
1655 each grant.
1656 3. Require grant applications to be submitted on
1657 appropriate forms with appropriate supporting documentation, and
1658 require records to be maintained.
1659 4. Establish a system to determine eligibility of grant
1660 applications.
1661 5. Establish a system to determine the relative priority of
1662 grant applications. The system must consider public health
1663 protection and water pollution prevention or abatement and must
1664 prioritize projects that plan for the installation of wastewater
1665 transmission facilities to be constructed concurrently with
1666 other construction projects occurring within or along a
1667 transportation facility right-of-way.
1668 6. Establish requirements for competitive procurement of
1669 engineering and construction services, materials, and equipment.
1670 7. Provide for termination of grants when program
1671 requirements are not met.
1672 Section 19. Section 403.804, Florida Statutes, is repealed.
1673 Section 20. Paragraph (d) of subsection (2) and paragraph
1674 (a) of subsection (3) of section 403.9301, Florida Statutes, are
1675 amended to read:
1676 403.9301 Wastewater services projections.—
1677 (2) As used in this section, the term:
1678 (d) “Wastewater services” means service to a sewerage
1679 system, as defined in s. 403.031, or service to domestic
1680 wastewater treatment works, including services to manage
1681 domestic septage from residences and establishments served by
1682 onsite treatment and disposal systems.
1683 (3) By June 30, 2022, and every 5 years thereafter, each
1684 county, municipality, or special district providing wastewater
1685 services shall develop a needs analysis for its jurisdiction
1686 over the subsequent 20 years. In projecting such needs, each
1687 local government shall include the following:
1688 (a) A detailed description of the facilities used to
1689 provide wastewater services, including analysis of domestic
1690 biosolids and septage generation, treatment, management, use,
1691 and disposal in the corresponding service area.
1692 Section 21. Subsection (1) of section 576.041, Florida
1693 Statutes, is amended to read:
1694 576.041 Inspection fees; records.—
1695 (1) Every licensee must shall pay to the department an
1696 inspection fee in the amount of $1 per ton for fertilizer sold
1697 in this the state, except fertilizer products containing or
1698 composed of Class AA biosolids produced by a domestic wastewater
1699 or biosolids treatment facility in this state, raw ground
1700 phosphate rock, soft phosphate, colloidal phosphate, phosphatic
1701 clays and all other untreated phosphatic materials, gypsum,
1702 hydrated lime, limestone, and dolomite when sold or used for
1703 agricultural purposes, for on which the inspection fee is shall
1704 be 30 cents per ton. The inspection fees paid for Class AA
1705 biosolids-composed fertilizers must be based on the equivalent
1706 dry tons of material sold. All fees paid to the department under
1707 this section shall be deposited into the State Treasury to be
1708 placed in the General Inspection Trust Fund to be used for the
1709 sole purpose of funding the fertilizer inspection program.
1710 Section 22. Paragraph (a) of subsection (2) of section
1711 576.045, Florida Statutes, is amended to read:
1712 576.045 Nitrogen and phosphorus; findings and intent; fees;
1713 purpose; best management practices; waiver of liability;
1714 compliance; rules; exclusions; expiration.—
1715 (2) FEES.—
1716 (a) In addition to the fees imposed under ss. 576.021 and
1717 576.041, the following supplemental fees shall be collected and
1718 paid by licensees for the sole purpose of implementing this
1719 section:
1720 1. One hundred dollars for each license to distribute
1721 fertilizer.
1722 2. One hundred dollars for each specialty fertilizer
1723 registration.
1724 3. Fifty cents per ton for all fertilizer that contains
1725 nitrogen or phosphorus and that is sold in this state.
1726 4. Twenty-five cents per ton for Class AA biosolids
1727 produced by a domestic wastewater facility, calculated based on
1728 equivalent dry tons of the Class AA biosolids-derived product.
1729 Section 23. Subsection (6) of section 120.81, Florida
1730 Statutes, is amended to read:
1731 120.81 Exceptions and special requirements; general areas.—
1732 (6) RISK IMPACT STATEMENT.—The Department of Environmental
1733 Protection shall prepare a risk impact statement for any rule
1734 that is proposed for adoption which approval by the
1735 Environmental Regulation Commission and that establishes or
1736 changes standards or criteria based on impacts to or effects
1737 upon human health. The Department of Agriculture and Consumer
1738 Services shall prepare a risk impact statement for any rule that
1739 is proposed for adoption that establishes standards or criteria
1740 based on impacts to or effects upon human health.
1741 (a) This subsection does not apply to rules adopted
1742 pursuant to federally delegated or mandated programs where such
1743 rules are identical or substantially identical to the federal
1744 regulations or laws being adopted or implemented by the
1745 Department of Environmental Protection or Department of
1746 Agriculture and Consumer Services, as applicable. However, the
1747 Department of Environmental Protection and the Department of
1748 Agriculture and Consumer Services shall identify any risk
1749 analysis information available to them from the Federal
1750 Government that has formed the basis of such a rule.
1751 (b) This subsection does not apply to emergency rules
1752 adopted pursuant to this chapter.
1753 (c) The Department of Environmental Protection and the
1754 Department of Agriculture and Consumer Services shall prepare
1755 and publish notice of the availability of a clear and concise
1756 risk impact statement for all applicable rules. The risk impact
1757 statement must explain the risk to the public health addressed
1758 by the rule and shall identify and summarize the source of the
1759 scientific information used in evaluating that risk.
1760 (d) Nothing in this subsection shall be construed to create
1761 a new cause of action or basis for challenging a rule nor
1762 diminish any existing cause of action or basis for challenging a
1763 rule.
1764 Section 24. Subsection (1) of section 373.421, Florida
1765 Statutes, is amended, and paragraph (b) of subsection (7) of
1766 that section is reenacted, to read:
1767 373.421 Delineation methods; formal determinations.—
1768 (1) The department's Environmental Regulation Commission
1769 shall adopt a unified statewide methodology for the delineation
1770 of the extent of wetlands as defined in s. 373.019(27).This
1771 methodology shall consider regional differences in the types of
1772 soils and vegetation that may serve as indicators of the extent
1773 of wetlands. This methodology shall also include provisions for
1774 determining the extent of surface waters other than wetlands for
1775 the purposes of regulation under s. 373.414. This methodology
1776 shall not become effective until ratified by the Legislature.
1777 Subsequent to legislative ratification, the wetland definition
1778 in s. 373.019(27) and the adopted wetland methodology shall be
1779 binding on the department, the water management districts, local
1780 governments, and any other governmental entities. Upon
1781 ratification of such wetland methodology, the Legislature
1782 preempts the authority of any water management district, state
1783 or regional agency, or local government to define wetlands or
1784 develop a delineation methodology to implement the definition
1785 and determines that the exclusive definition and delineation
1786 methodology for wetlands shall be that established pursuant to
1787 s. 373.019(27) and this section. Upon such legislative
1788 ratification, any existing wetlands definition or wetland
1789 delineation methodology shall be superseded by the wetland
1790 definition and delineation methodology established pursuant to
1791 this chapter. Subsequent to legislative ratification, a
1792 delineation of the extent of a surface water or wetland by the
1793 department or a water management district, pursuant to a formal
1794 determination under subsection (2), or pursuant to a permit
1795 issued under this part in which the delineation was field
1796 verified by the permitting agency and specifically approved in
1797 the permit, shall be binding on all other governmental entities
1798 for the duration of the formal determination or permit. All
1799 existing rules and methodologies of the department, the water
1800 management districts, and local governments, regarding surface
1801 water or wetland definition and delineation shall remain in full
1802 force and effect until the common methodology rule becomes
1803 effective. However, this shall not be construed to limit any
1804 power of the department, the water management districts, and
1805 local governments to amend or adopt a surface water or wetland
1806 definition or delineation methodology until the common
1807 methodology rule becomes effective.
1808 (7)
1809 (b) Wetlands contiguous to surface waters of the state as
1810 defined in s. 403.031(13), Florida Statutes (1991), shall be
1811 delineated pursuant to the department’s rules as such rules
1812 existed prior to January 24, 1984, while wetlands not contiguous
1813 to surface waters of the state as defined in s. 403.031(13),
1814 Florida Statutes (1991), shall be delineated pursuant to the
1815 applicable methodology ratified by s. 373.4211 for any
1816 development which obtains an individual permit from the United
1817 States Army Corps of Engineers under 33 U.S.C. s. 1344:
1818 1. Where a jurisdictional determination validated by the
1819 department pursuant to rule 17-301.400(8), Florida
1820 Administrative Code, as it existed in rule 17-4.022, Florida
1821 Administrative Code, on April 1, 1985, is revalidated pursuant
1822 to s. 373.414(13) and the affected lands are part of a project
1823 for which a vested rights determination has been issued pursuant
1824 to s. 380.06, or
1825 2. Where the lands affected were grandfathered pursuant to
1826 s. 403.913(6), Florida Statutes (1991), and proof of prior
1827 notification pursuant to s. 403.913(6), Florida Statutes (1991),
1828 is submitted to the department within 180 days of the
1829 publication of a notice by the department of the existence of
1830 this provision. Failure to timely submit the proof of prior
1831 notification to the department serves as a waiver of the
1832 benefits conferred by this subsection.
1833 3. This subsection shall not be applicable to lands:
1834 a. Within the geographical area to which an individual or
1835 general permit issued prior to June 1, 1994, under rules adopted
1836 pursuant to this part applies; or
1837 b. Within the geographical area to which a conceptual
1838 permit issued prior to June 1, 1994, under rules adopted
1839 pursuant to this part applies if wetland delineations were
1840 identified and approved by the conceptual permit as set forth in
1841 s. 373.414(12)(b)1. or 2.; or
1842 c. Where no development activity as defined in s. 380.01(1)
1843 or (2)(a)-(d) and (f) has occurred within the project boundaries
1844 since October 1, 1986; or
1845 d. Of a project which is not in compliance with this part
1846 or the rules adopted pursuant to ss. 403.91-403.929, 1984
1847 Supplement to the Florida Statutes 1983, as amended.
1848 4. The wetland delineation methodology required in this
1849 subsection shall only apply within the geographical area of an
1850 individual permit issued by the United States Army Corps of
1851 Engineers under 33 U.S.C. s. 1344. The requirement to obtain
1852 such individual permit to secure the benefit of this subsection
1853 shall not apply to any activities exempt or not subject to
1854 regulation under 33 U.S.C. s. 1344.
1855 5. Notwithstanding subsection (1), the wetland delineation
1856 methodology required in this subsection and any wetland
1857 delineation pursuant thereto, shall only apply to agency action
1858 under this part and shall not be binding on local governments
1859 except in their implementation of this part.
1860 Section 25. Paragraph (b) of subsection (23) of section
1861 403.031, Florida Statutes, is amended to read:
1862 403.031 Definitions.—In construing this chapter, or rules
1863 and regulations adopted pursuant hereto, the following words,
1864 phrases, or terms, unless the context otherwise indicates, have
1865 the following meanings:
1866 (23) “Waters” include, but are not limited to, rivers,
1867 lakes, streams, springs, impoundments, wetlands, and all other
1868 waters or bodies of water, including fresh, brackish, saline,
1869 tidal, surface, or underground waters. Waters owned entirely by
1870 one person other than the state are included only in regard to
1871 possible discharge on other property or water. Underground
1872 waters include, but are not limited to, all underground waters
1873 passing through pores of rock or soils or flowing through in
1874 channels, whether manmade or natural. Solely for purposes of s.
1875 403.0885, waters of the state also include navigable waters or
1876 waters of the contiguous zone as used in s. 502 of the Clean
1877 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
1878 existence on January 1, 1993, except for those navigable waters
1879 seaward of the boundaries of the state set forth in s. 1, Art.
1880 II of the State Constitution. Solely for purposes of this
1881 chapter, waters of the state also include the area bounded by
1882 the following:
1883 (b) The area bounded by the line described in paragraph (a)
1884 generally includes those waters to be known as waters of the
1885 state. The landward extent of these waters shall be determined
1886 by the delineation methodology ratified in s. 373.4211. Any
1887 waters which are outside the general boundary line described in
1888 paragraph (a) but which are contiguous thereto by virtue of the
1889 presence of a wetland, watercourse, or other surface water, as
1890 determined by the delineation methodology ratified in s.
1891 373.4211, shall be a part of this waterbody. Any areas within
1892 the line described in paragraph (a) which are neither a wetland
1893 nor surface water, as determined by the delineation methodology
1894 ratified in s. 373.4211, shall be excluded therefrom. If the
1895 Florida Environmental Regulation Commission designates the
1896 waters within the boundaries an Outstanding Florida Water,
1897 waters outside the boundaries may not be included as part of
1898 such designation unless a hearing is held pursuant to notice in
1899 each appropriate county and the boundaries of such lands are
1900 specifically considered and described for such designation.
1901 Section 26. Subsections (7) and (32) of section 403.061,
1902 Florida Statutes, are amended to read:
1903 403.061 Department; powers and duties.—The department shall
1904 have the power and the duty to control and prohibit pollution of
1905 air and water in accordance with the law and rules adopted and
1906 promulgated by it and, for this purpose, to:
1907 (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
1908 implement this act. Any rule adopted pursuant to this act must
1909 be consistent with the provisions of federal law, if any,
1910 relating to control of emissions from motor vehicles, effluent
1911 limitations, pretreatment requirements, or standards of
1912 performance. A county, municipality, or political subdivision
1913 may not adopt or enforce any local ordinance, special law, or
1914 local regulation requiring the installation of Stage II vapor
1915 recovery systems, as currently defined by department rule,
1916 unless such county, municipality, or political subdivision is or
1917 has been in the past designated by federal regulation as a
1918 moderate, serious, or severe ozone nonattainment area. Rules
1919 adopted pursuant to this act may not require dischargers of
1920 waste into waters of the state to improve natural background
1921 conditions. The department shall adopt rules to reasonably
1922 limit, reduce, and eliminate domestic wastewater collection and
1923 transmission system pipe leakages and inflow and infiltration.
1924 Discharges from steam electric generating plants existing or
1925 licensed under this chapter on July 1, 1984, may not be required
1926 to be treated to a greater extent than may be necessary to
1927 assure that the quality of nonthermal components of discharges
1928 from nonrecirculated cooling water systems is as high as the
1929 quality of the makeup waters; that the quality of nonthermal
1930 components of discharges from recirculated cooling water systems
1931 is no lower than is allowed for blowdown from such systems; or
1932 that the quality of noncooling system discharges which receive
1933 makeup water from a receiving body of water which does not meet
1934 applicable department water quality standards is as high as the
1935 quality of the receiving body of water. The department may not
1936 adopt standards more stringent than federal regulations, except
1937 as provided in s. 403.804.
1938 (32) Adopt rules necessary to obtain approval from the
1939 United States Environmental Protection Agency to administer the
1940 Federal National Pollution Discharge Elimination System (NPDES)
1941 permitting program in Florida under ss. 318, 402, and 405 of the
1942 federal Clean Water Act, Pub. L. No. 92-500, as amended. This
1943 authority shall be implemented consistent with the provisions of
1944 part II, which shall be applicable to facilities certified
1945 thereunder. The department shall establish all rules, standards,
1946 and requirements that regulate the discharge of pollutants into
1947 waters of the United States as defined by and in a manner
1948 consistent with federal regulations; provided, however, that the
1949 department may adopt a standard that is stricter or more
1950 stringent than one set by the United States Environmental
1951 Protection Agency if approved by the Governor and Cabinet in
1952 accordance with the procedures of s. 403.804(2).
1953
1954 The department shall implement such programs in conjunction with
1955 its other powers and duties and shall place special emphasis on
1956 reducing and eliminating contamination that presents a threat to
1957 humans, animals or plants, or to the environment.
1958 Section 27. Subsection (9) of section 403.704, Florida
1959 Statutes, is amended to read:
1960 403.704 Powers and duties of the department.—The department
1961 shall have responsibility for the implementation and enforcement
1962 of this act. In addition to other powers and duties, the
1963 department shall:
1964 (9) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
1965 implement and enforce this act, including requirements for the
1966 classification, construction, operation, maintenance, and
1967 closure of solid waste management facilities and requirements
1968 for, and conditions on, solid waste disposal in this state,
1969 whether such solid waste is generated within this state or
1970 outside this state as long as such requirements and conditions
1971 are not based on the out-of-state origin of the waste and are
1972 consistent with applicable law. When classifying solid waste
1973 management facilities, the department shall consider the
1974 hydrogeology of the site for the facility, the types of wastes
1975 to be handled by the facility, and methods used to control the
1976 types of waste to be handled by the facility and shall seek to
1977 minimize the adverse effects of solid waste management on the
1978 environment. Whenever the department adopts any rule stricter or
1979 more stringent than one that has been set by the United States
1980 Environmental Protection Agency, the procedures set forth in s.
1981 403.804(2) shall be followed. The department may shall not,
1982 however, adopt hazardous waste rules for solid waste for which
1983 special studies were required before prior to October 1, 1988,
1984 under s. 8002 of the Resource Conservation and Recovery Act, 42
1985 U.S.C. s. 6982, as amended, until the studies are completed by
1986 the United States Environmental Protection Agency and the
1987 information is available to the department for consideration in
1988 adopting its own rule.
1989 Section 28. Paragraph (d) of subsection (3) and paragraph
1990 (h) of subsection (9) of section 403.707, Florida Statutes, are
1991 amended to read:
1992 403.707 Permits.—
1993 (3)
1994 (d) The department may adopt rules to administer this
1995 subsection. However, the department is not required to submit
1996 such rules to the Environmental Regulation Commission for
1997 approval. Notwithstanding the limitations of s. 403.087(7)(a),
1998 permit fee caps for solid waste management facilities must shall
1999 be prorated to reflect the extended permit term authorized by
2000 this subsection.
2001 (9) The department shall establish a separate category for
2002 solid waste management facilities that accept only construction
2003 and demolition debris for disposal or recycling. The department
2004 shall establish a reasonable schedule for existing facilities to
2005 comply with this section to avoid undue hardship to such
2006 facilities. However, a permitted solid waste disposal unit that
2007 receives a significant amount of waste prior to the compliance
2008 deadline established in this schedule shall not be required to
2009 be retrofitted with liners or leachate control systems.
2010 (h) The department shall ensure that the requirements of
2011 this section are applied and interpreted consistently throughout
2012 this the state. In accordance with s. 20.255, The Division of
2013 Waste Management shall direct the district offices and bureaus
2014 on matters relating to the interpretation and applicability of
2015 this section.
2016 Section 29. Subsection (3) of section 403.7222, Florida
2017 Statutes, is amended to read:
2018 403.7222 Prohibition of hazardous waste landfills.—
2019 (3) This section does not prohibit the department from
2020 banning the disposal of hazardous waste in other types of waste
2021 management units in a manner consistent with federal
2022 requirements, except as provided under s. 403.804(2).
2023 Section 30. Subsection (4) of section 403.7234, Florida
2024 Statutes, is amended to read:
2025 403.7234 Small quantity generator notification and
2026 verification program.—
2027 (4) Within 30 days of receipt of a notification, which
2028 includes a survey form, a small quantity generator shall
2029 disclose its management practices and the types and quantities
2030 of waste to the county government. Annually, each county shall
2031 verify the management practices of at least 20 percent of its
2032 small quantity generators. The procedure for verification used
2033 by the county must shall be developed as part of the guidance
2034 established by the department under s. 403.7226. The department
2035 may also regulate the waste management practices of small
2036 quantity generators in order to ensure proper management of
2037 hazardous waste in a manner consistent with federal
2038 requirements, except as provided under s. 403.804(2).
2039 Section 31. Section 403.803, Florida Statutes, is amended
2040 to read:
2041 403.803 Definitions.—When used in this part act, the term,
2042 phrase, or word:
2043 (1) “Branch office” means a geographical area, the
2044 boundaries of which may be established as a part of a district.
2045 (2) “Canal” is a manmade trench, the bottom of which is
2046 normally covered by water with the upper edges of its sides
2047 normally above water.
2048 (3) “Channel” is a trench, the bottom of which is normally
2049 covered entirely by water, with the upper edges of its sides
2050 normally below water.
2051 (4) “Commission” means the Environmental Regulation
2052 Commission.
2053 (5) “Department” means the Department of Environmental
2054 Protection.
2055 (5)(6) “District” or “environmental district” means one of
2056 the geographical areas, the boundaries of which are established
2057 pursuant to this act.
2058 (6)(7) “Drainage ditch” or “irrigation ditch” is a manmade
2059 trench dug for the purpose of draining water from the land or
2060 for transporting water for use on the land and is not built for
2061 navigational purposes.
2062 (7)(8) “Environmental district center” means the facilities
2063 and personnel which are centralized in each district for the
2064 purposes of carrying out the provisions of this act.
2065 (8)(9) “Headquarters” means the physical location of the
2066 offices of the secretary and the division directors of the
2067 department.
2068 (9)(10) “Insect control impoundment dikes” means artificial
2069 structures, including earthen berms, constructed and used to
2070 impound waters for the purpose of insect control.
2071 (10)(11) “Manager” means the head of an environmental
2072 district or branch office who shall supervise all environmental
2073 functions of the department within such environmental district
2074 or branch office.
2075 (11)(12) “Secretary” means the Secretary of Environmental
2076 Protection.
2077 (12)(13) “Standard” means any rule of the Department of
2078 Environmental Protection relating to air and water quality,
2079 noise, solid-waste management, and electric and magnetic fields
2080 associated with electrical transmission and distribution lines
2081 and substation facilities. The term “standard” does not include
2082 rules of the department which relate exclusively to the internal
2083 management of the department, the procedural processing of
2084 applications, the administration of rulemaking or adjudicatory
2085 proceedings, the publication of notices, the conduct of
2086 hearings, or other procedural matters.
2087 (13)(14) “Swale” means a manmade trench which:
2088 (a) Has a top width-to-depth ratio of the cross-section
2089 equal to or greater than 6:1, or side slopes equal to or greater
2090 than 3 feet horizontal to 1 foot vertical;
2091 (b) Contains contiguous areas of standing or flowing water
2092 only following a rainfall event;
2093 (c) Is planted with or has stabilized vegetation suitable
2094 for soil stabilization, stormwater treatment, and nutrient
2095 uptake; and
2096 (d) Is designed to take into account the soil erodibility,
2097 soil percolation, slope, slope length, and drainage area so as
2098 to prevent erosion and reduce pollutant concentration of any
2099 discharge.
2100 Section 32. Subsections (1) and (3) of section 403.805,
2101 Florida Statutes, are amended to read:
2102 403.805 Secretary; powers and duties; review of specified
2103 rules.—
2104 (1) The secretary shall have the powers and duties of heads
2105 of departments set forth in chapter 20, including the authority
2106 to adopt rules pursuant to ss. 120.536(1) and 120.54 to
2107 implement this chapter and the provisions of chapters 161, 253,
2108 258, 260, 369, 373, 376, 377, 378, and 380 253, 373, and 376 and
2109 this chapter. The secretary shall have rulemaking responsibility
2110 under chapter 120, but shall submit any proposed rule containing
2111 standards to the Environmental Regulation Commission for
2112 approval, modification, or disapproval pursuant to s. 403.804,
2113 except for total maximum daily load calculations and allocations
2114 developed pursuant to s. 403.067(6). The secretary shall have
2115 responsibility for final agency action regarding total maximum
2116 daily load calculations and allocations developed pursuant to s.
2117 403.067(6). The secretary shall employ legal counsel to
2118 represent the department in matters affecting the department.
2119 Except for appeals on permits specifically assigned by this act
2120 to the Governor and Cabinet, and unless otherwise prohibited by
2121 law, the secretary may delegate the authority assigned to the
2122 department by this act to the assistant secretary, division
2123 directors, and district and branch office managers and to the
2124 water management districts.
2125 (3) After adoption of proposed rule 62-302.531(9), Florida
2126 Administrative Code, a nonseverability and effective date
2127 provision approved by the commission on December 8, 2011, in
2128 accordance with the commission’s legislative authority under s.
2129 403.804, notice of which was published by the department on
2130 December 22, 2011, in the Florida Administrative Register, Vol.
2131 37, No. 51, page 4446, any subsequent rule or amendment altering
2132 the effect of such rule must shall be submitted to the President
2133 of the Senate and the Speaker of the House of Representatives no
2134 later than 30 days before the next regular legislative session,
2135 and such amendment may not take effect until it is ratified by
2136 the Legislature.
2137 Section 33. Section 403.8055, Florida Statutes, is amended
2138 to read:
2139 403.8055 Department adoption of federal standards.
2140 Notwithstanding s. 120.54 ss. 120.54 and 403.804, the secretary
2141 is empowered to adopt rules substantively identical to
2142 regulations adopted in the Federal Register by the United States
2143 Environmental Protection Agency pursuant to federal law, in
2144 accordance with the following procedures:
2145 (1) The secretary shall publish notice of intent to adopt a
2146 rule pursuant to this section in the Florida Administrative
2147 Register at least 21 days before prior to filing the rule with
2148 the Department of State. The secretary shall mail a copy of the
2149 notice of intent to adopt a rule to the Administrative
2150 Procedures Committee at least 21 days before prior to the date
2151 of filing with the Department of State. Before Prior to filing
2152 the rule with the Department of State, the secretary shall
2153 consider any written comments received within 21 days after the
2154 date of publication of the notice of intent to adopt a rule. The
2155 rule must shall be adopted upon filing with the Department of
2156 State. Substantive changes from the rules as noticed shall
2157 require republishing of notice as required in this section.
2158 (2) Any rule adopted pursuant to this section becomes shall
2159 become effective upon the date designated in the rule by the
2160 secretary; however, no such a rule may not shall become
2161 effective earlier than the effective date of the substantively
2162 identical United States Environmental Protection Agency
2163 regulation.
2164 (3) The secretary shall stay any terms or conditions of a
2165 permit implementing department rules adopted pursuant to this
2166 section if the substantively identical provisions of a United
2167 States Environmental Protection Agency regulation have been
2168 stayed under federal judicial review. A stay issued pursuant to
2169 this subsection shall terminate upon completion of federal
2170 judicial review.
2171 (4) Any domestic for-profit or nonprofit corporation or
2172 association formed, in whole or in part:
2173 (a) To promote conservation or natural beauty;
2174 (b) To protect the environment, personal health, or other
2175 biological values;
2176 (c) To preserve historical sites;
2177 (d) To promote consumer interests;
2178 (e) To represent labor, commercial, or industrial groups;
2179 or
2180 (f) To promote orderly development;
2181
2182 and any other substantially affected person may, within 14 days
2183 after the date of publication of the notice of intent to adopt a
2184 rule, file an objection to rulemaking with the department
2185 Environmental Regulation Commission. The objection shall specify
2186 the portions of the proposed rule to which the person objects
2187 and the reasons for the objection. The secretary shall not have
2188 the authority under this section to adopt those portions of a
2189 proposed rule specified in such objection. Objections which are
2190 frivolous shall not be considered sufficient to prohibit the
2191 secretary from adopting rules under this section.
2192 (5) Whenever all or part of any rule proposed for adoption
2193 by the department is substantively identical to a regulation
2194 adopted in the Federal Register by the United States
2195 Environmental Protection Agency pursuant to federal law, such
2196 rule shall be written in a manner so that the rule specifically
2197 references such regulation whenever possible.
2198 Section 34. Subsection (1) of section 403.814, Florida
2199 Statutes, is amended to read:
2200 403.814 General permits; delegation.—
2201 (1) The secretary is authorized to adopt rules establishing
2202 and providing for a program of general permits under this
2203 chapter and chapter 253 and this chapter for projects, or
2204 categories of projects, which have, either singly or
2205 cumulatively, a minimal adverse environmental effect. Such rules
2206 must shall specify design or performance criteria that which, if
2207 applied, would result in compliance with appropriate standards
2208 adopted by the commission. Except as provided for in subsection
2209 (3), any person complying with the requirements of a general
2210 permit may use the permit 30 days after giving notice to the
2211 department without any agency action by the department.
2212 Section 35. Paragraph (a) of subsection (1) of section
2213 376.302, Florida Statutes, is amended to read:
2214 376.302 Prohibited acts; penalties.—
2215 (1) It shall be a violation of this chapter and it shall be
2216 prohibited for any reason:
2217 (a) To discharge pollutants or hazardous substances into or
2218 upon the surface or ground waters of the state or lands, which
2219 discharge violates any departmental “standard” as defined in s.
2220 403.803 s. 403.803(13).
2221 Section 36. Paragraph (b) of subsection (1) of section
2222 380.5105, Florida Statutes, is amended to read:
2223 380.5105 The Stan Mayfield Working Waterfronts; Florida
2224 Forever program.—
2225 (1) Notwithstanding any other provision of this chapter, it
2226 is the intent of the Legislature that the trust shall administer
2227 the working waterfronts land acquisition program as set forth in
2228 this section.
2229 (b) For projects that will require more than the grant
2230 amount awarded for completion, the applicant must identify in
2231 their project application funding sources that will provide the
2232 difference between the grant award and the estimated project
2233 completion cost. Such rules may be incorporated into those
2234 developed pursuant to s. 380.507(12) s. 380.507(11).
2235 Section 37. For the purpose of incorporating the amendment
2236 made by this act to section 381.0065, Florida Statutes, in a
2237 reference thereto, paragraph (k) of subsection (2) of section
2238 381.0066, Florida Statutes, is reenacted to read:
2239 381.0066 Onsite sewage treatment and disposal systems;
2240 fees.—
2241 (2) The minimum fees in the following fee schedule apply
2242 until changed by rule by the department within the following
2243 limits:
2244 (k) Research: An additional $5 fee shall be added to each
2245 new system construction permit issued to be used to fund onsite
2246 sewage treatment and disposal system research, demonstration,
2247 and training projects. Five dollars from any repair permit fee
2248 collected under this section shall be used for funding the
2249 hands-on training centers described in s. 381.0065(3)(j).
2250
2251 The funds collected pursuant to this subsection for the
2252 implementation of onsite sewage treatment and disposal system
2253 regulation and for the purposes of ss. 381.00655 and 381.0067,
2254 subsequent to any phased transfer of implementation from the
2255 Department of Health to the department within any county
2256 pursuant to s. 381.0065, must be deposited in the Florida Permit
2257 Fee Trust Fund under s. 403.0871, to be administered by the
2258 department.
2259 Section 38. For the purpose of incorporating the amendment
2260 made by this act to section 403.067, Florida Statutes, in a
2261 reference thereto, section 373.4595, Florida Statutes, is
2262 reenacted to read:
2263 373.4595 Northern Everglades and Estuaries Protection
2264 Program.—
2265 (1) FINDINGS AND INTENT.—
2266 (a) The Legislature finds that the Lake Okeechobee
2267 watershed, the Caloosahatchee River watershed, and the St. Lucie
2268 River watershed are critical water resources of the state,
2269 providing many economic, natural habitat, and biodiversity
2270 functions benefiting the public interest, including
2271 agricultural, public, and environmental water supply; flood
2272 control; fishing; navigation and recreation; and habitat to
2273 endangered and threatened species and other flora and fauna.
2274 (b) The Legislature finds that changes in land uses, the
2275 construction of the Central and Southern Florida Project, and
2276 the loss of surface water storage have resulted in adverse
2277 changes to the hydrology and water quality of Lake Okeechobee
2278 and the Caloosahatchee and St. Lucie Rivers and their estuaries.
2279 (c) The Legislature finds that improvement to the
2280 hydrology, water quality, and associated aquatic habitats within
2281 the Lake Okeechobee watershed, the Caloosahatchee River
2282 watershed, and the St. Lucie River watershed, is essential to
2283 the protection of the greater Everglades ecosystem.
2284 (d) The Legislature also finds that it is imperative for
2285 the state, local governments, and agricultural and environmental
2286 communities to commit to restoring and protecting the surface
2287 water resources of the Lake Okeechobee watershed, the
2288 Caloosahatchee River watershed, and the St. Lucie River
2289 watershed, and that a watershed-based approach to address these
2290 issues must be developed and implemented immediately.
2291 (e) The Legislature finds that phosphorus loads from the
2292 Lake Okeechobee watershed have contributed to excessive
2293 phosphorus levels throughout the Lake Okeechobee watershed and
2294 downstream receiving waters and that a reduction in levels of
2295 phosphorus will benefit the ecology of these systems. The
2296 excessive levels of phosphorus have also resulted in an
2297 accumulation of phosphorus in the sediments of Lake Okeechobee.
2298 If not removed, internal phosphorus loads from the sediments are
2299 expected to delay responses of the lake to external phosphorus
2300 reductions.
2301 (f) The Legislature finds that the Lake Okeechobee
2302 phosphorus loads set forth in the total maximum daily loads
2303 established in accordance with s. 403.067 represent an
2304 appropriate basis for restoration of the Lake Okeechobee
2305 watershed.
2306 (g) The Legislature finds that, in addition to phosphorus,
2307 other pollutants are contributing to water quality problems in
2308 the Lake Okeechobee watershed, the Caloosahatchee River
2309 watershed, and the St. Lucie River watershed, and that the total
2310 maximum daily load requirements of s. 403.067 provide a means of
2311 identifying and addressing these problems.
2312 (h) The Legislature finds that the expeditious
2313 implementation of the Lake Okeechobee Watershed Protection
2314 Program, the Caloosahatchee River Watershed Protection Program,
2315 and the St. Lucie River Watershed Protection Program is needed
2316 to improve the quality, quantity, timing, and distribution of
2317 water in the northern Everglades ecosystem and that this
2318 section, in conjunction with s. 403.067, including the
2319 implementation of the plans developed and approved pursuant to
2320 subsections (3) and (4), and any related basin management action
2321 plan developed and implemented pursuant to s. 403.067(7)(a),
2322 provide a reasonable means of achieving the total maximum daily
2323 load requirements and achieving and maintaining compliance with
2324 state water quality standards.
2325 (i) The Legislature finds that the implementation of the
2326 programs contained in this section is for the benefit of the
2327 public health, safety, and welfare and is in the public
2328 interest.
2329 (j) The Legislature finds that sufficient research has been
2330 conducted and sufficient plans developed to immediately expand
2331 and accelerate programs to address the hydrology and water
2332 quality in the Lake Okeechobee watershed, the Caloosahatchee
2333 River watershed, and the St. Lucie River watershed.
2334 (k) The Legislature finds that a continuing source of
2335 funding is needed to effectively implement the programs
2336 developed and approved under this section which are needed to
2337 address the hydrology and water quality problems within the Lake
2338 Okeechobee watershed, the Caloosahatchee River watershed, and
2339 the St. Lucie River watershed.
2340 (l) It is the intent of the Legislature to protect and
2341 restore surface water resources and achieve and maintain
2342 compliance with water quality standards in the Lake Okeechobee
2343 watershed, the Caloosahatchee River watershed, and the St. Lucie
2344 River watershed, and downstream receiving waters, through the
2345 phased, comprehensive, and innovative protection program set
2346 forth in this section which includes long-term solutions based
2347 upon the total maximum daily loads established in accordance
2348 with s. 403.067. This program shall be watershed-based, shall
2349 provide for consideration of all water quality issues needed to
2350 meet the total maximum daily load, and shall include research
2351 and monitoring, development and implementation of best
2352 management practices, refinement of existing regulations, and
2353 structural and nonstructural projects, including public works.
2354 (m) It is the intent of the Legislature that this section
2355 be implemented in coordination with the Comprehensive Everglades
2356 Restoration Plan project components and other federal programs
2357 in order to maximize opportunities for the most efficient and
2358 timely expenditures of public funds.
2359 (n) It is the intent of the Legislature that the
2360 coordinating agencies encourage and support the development of
2361 creative public-private partnerships and programs, including
2362 opportunities for water storage and quality improvement on
2363 private lands and water quality credit trading, to facilitate or
2364 further the restoration of the surface water resources of the
2365 Lake Okeechobee watershed, the Caloosahatchee River watershed,
2366 and the St. Lucie River watershed, consistent with s. 403.067.
2367 (2) DEFINITIONS.—As used in this section, the term:
2368 (a) “Best management practice” means a practice or
2369 combination of practices determined by the coordinating
2370 agencies, based on research, field-testing, and expert review,
2371 to be the most effective and practicable on-location means,
2372 including economic and technological considerations, for
2373 improving water quality in agricultural and urban discharges.
2374 Best management practices for agricultural discharges shall
2375 reflect a balance between water quality improvements and
2376 agricultural productivity.
2377 (b) “Biosolids” means the solid, semisolid, or liquid
2378 residue generated during the treatment of domestic wastewater in
2379 a domestic wastewater treatment facility, formerly known as
2380 “domestic wastewater residuals” or “residuals,” and includes
2381 products and treated material from biosolids treatment
2382 facilities and septage management facilities regulated by the
2383 department. The term does not include the treated effluent or
2384 reclaimed water from a domestic wastewater treatment facility,
2385 solids removed from pump stations and lift stations, screenings
2386 and grit removed from the preliminary treatment components of
2387 domestic wastewater treatment facilities, or ash generated
2388 during the incineration of biosolids.
2389 (c) “Caloosahatchee River watershed” means the
2390 Caloosahatchee River, its tributaries, its estuary, and the area
2391 within Charlotte, Glades, Hendry, and Lee Counties from which
2392 surface water flow is directed or drains, naturally or by
2393 constructed works, to the river, its tributaries, or its
2394 estuary.
2395 (d) “Coordinating agencies” means the Department of
2396 Agriculture and Consumer Services, the Department of
2397 Environmental Protection, and the South Florida Water Management
2398 District.
2399 (e) “Corps of Engineers” means the United States Army Corps
2400 of Engineers.
2401 (f) “Department” means the Department of Environmental
2402 Protection.
2403 (g) “District” means the South Florida Water Management
2404 District.
2405 (h) “Lake Okeechobee Watershed Construction Project” means
2406 the construction project developed pursuant to this section.
2407 (i) “Lake Okeechobee Watershed Protection Plan” means the
2408 Lake Okeechobee Watershed Construction Project and the Lake
2409 Okeechobee Watershed Research and Water Quality Monitoring
2410 Program.
2411 (j) “Lake Okeechobee watershed” means Lake Okeechobee, its
2412 tributaries, and the area within which surface water flow is
2413 directed or drains, naturally or by constructed works, to the
2414 lake or its tributaries.
2415 (k) “Northern Everglades” means the Lake Okeechobee
2416 watershed, the Caloosahatchee River watershed, and the St. Lucie
2417 River watershed.
2418 (l) “Project component” means any structural or operational
2419 change, resulting from the Restudy, to the Central and Southern
2420 Florida Project as it existed and was operated as of January 1,
2421 1999.
2422 (m) “Restudy” means the Comprehensive Review Study of the
2423 Central and Southern Florida Project, for which federal
2424 participation was authorized by the Federal Water Resources
2425 Development Acts of 1992 and 1996 together with related
2426 congressional resolutions and for which participation by the
2427 South Florida Water Management District is authorized by s.
2428 373.1501. The term includes all actions undertaken pursuant to
2429 the aforementioned authorizations which will result in
2430 recommendations for modifications or additions to the Central
2431 and Southern Florida Project.
2432 (n) “River Watershed Protection Plans” means the
2433 Caloosahatchee River Watershed Protection Plan and the St. Lucie
2434 River Watershed Protection Plan developed pursuant to this
2435 section.
2436 (o) “Soil amendment” means any substance or mixture of
2437 substances sold or offered for sale for soil enriching or
2438 corrective purposes, intended or claimed to be effective in
2439 promoting or stimulating plant growth, increasing soil or plant
2440 productivity, improving the quality of crops, or producing any
2441 chemical or physical change in the soil, except amendments,
2442 conditioners, additives, and related products that are derived
2443 solely from inorganic sources and that contain no recognized
2444 plant nutrients.
2445 (p) “St. Lucie River watershed” means the St. Lucie River,
2446 its tributaries, its estuary, and the area within Martin,
2447 Okeechobee, and St. Lucie Counties from which surface water flow
2448 is directed or drains, naturally or by constructed works, to the
2449 river, its tributaries, or its estuary.
2450 (q) “Total maximum daily load” means the sum of the
2451 individual wasteload allocations for point sources and the load
2452 allocations for nonpoint sources and natural background adopted
2453 pursuant to s. 403.067. Before determining individual wasteload
2454 allocations and load allocations, the maximum amount of a
2455 pollutant that a water body or water segment can assimilate from
2456 all sources without exceeding water quality standards must first
2457 be calculated.
2458 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake
2459 Okeechobee Watershed Protection Program shall consist of the
2460 Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee
2461 Basin Management Action Plan adopted pursuant to s. 403.067, the
2462 Lake Okeechobee Exotic Species Control Program, and the Lake
2463 Okeechobee Internal Phosphorus Management Program. The Lake
2464 Okeechobee Basin Management Action Plan adopted pursuant to s.
2465 403.067 shall be the component of the Lake Okeechobee Watershed
2466 Protection Program that achieves phosphorus load reductions for
2467 Lake Okeechobee. The Lake Okeechobee Watershed Protection
2468 Program shall address the reduction of phosphorus loading to the
2469 lake from both internal and external sources. Phosphorus load
2470 reductions shall be achieved through a phased program of
2471 implementation. In the development and administration of the
2472 Lake Okeechobee Watershed Protection Program, the coordinating
2473 agencies shall maximize opportunities provided by federal cost
2474 sharing programs and opportunities for partnerships with the
2475 private sector.
2476 (a) Lake Okeechobee Watershed Protection Plan.—To protect
2477 and restore surface water resources, the district, in
2478 cooperation with the other coordinating agencies, shall complete
2479 a Lake Okeechobee Watershed Protection Plan in accordance with
2480 this section and ss. 373.451-373.459. Beginning March 1, 2020,
2481 and every 5 years thereafter, the district shall update the Lake
2482 Okeechobee Watershed Protection Plan to ensure that it is
2483 consistent with the Lake Okeechobee Basin Management Action Plan
2484 adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
2485 Protection Plan shall identify the geographic extent of the
2486 watershed, be coordinated with the plans developed pursuant to
2487 paragraphs (4)(a) and (c), and include the Lake Okeechobee
2488 Watershed Construction Project and the Lake Okeechobee Watershed
2489 Research and Water Quality Monitoring Program. The plan shall
2490 consider and build upon a review and analysis of the performance
2491 of projects constructed during Phase I and Phase II of the Lake
2492 Okeechobee Watershed Construction Project, pursuant to
2493 subparagraph 1.; relevant information resulting from the Lake
2494 Okeechobee Basin Management Action Plan, pursuant to paragraph
2495 (b); relevant information resulting from the Lake Okeechobee
2496 Watershed Research and Water Quality Monitoring Program,
2497 pursuant to subparagraph 2.; relevant information resulting from
2498 the Lake Okeechobee Exotic Species Control Program, pursuant to
2499 paragraph (c); and relevant information resulting from the Lake
2500 Okeechobee Internal Phosphorus Management Program, pursuant to
2501 paragraph (d).
2502 1. Lake Okeechobee Watershed Construction Project.—To
2503 improve the hydrology and water quality of Lake Okeechobee and
2504 downstream receiving waters, including the Caloosahatchee and
2505 St. Lucie Rivers and their estuaries, the district, in
2506 cooperation with the other coordinating agencies, shall design
2507 and construct the Lake Okeechobee Watershed Construction
2508 Project. The project shall include:
2509 a. Phase I.—Phase I of the Lake Okeechobee Watershed
2510 Construction Project shall consist of a series of project
2511 features consistent with the recommendations of the South
2512 Florida Ecosystem Restoration Working Group’s Lake Okeechobee
2513 Action Plan. Priority basins for such projects include S-191, S
2514 154, and Pools D and E in the Lower Kissimmee River. To obtain
2515 phosphorus load reductions to Lake Okeechobee as soon as
2516 possible, the following actions shall be implemented:
2517 (I) The district shall serve as a full partner with the
2518 Corps of Engineers in the design and construction of the Grassy
2519 Island Ranch and New Palm Dairy stormwater treatment facilities
2520 as components of the Lake Okeechobee Water Retention/Phosphorus
2521 Removal Critical Project. The Corps of Engineers shall have the
2522 lead in design and construction of these facilities. Should
2523 delays be encountered in the implementation of either of these
2524 facilities, the district shall notify the department and
2525 recommend corrective actions.
2526 (II) The district shall obtain permits and complete
2527 construction of two of the isolated wetland restoration projects
2528 that are part of the Lake Okeechobee Water Retention/Phosphorus
2529 Removal Critical Project. The additional isolated wetland
2530 projects included in this critical project shall further reduce
2531 phosphorus loading to Lake Okeechobee.
2532 (III) The district shall work with the Corps of Engineers
2533 to expedite initiation of the design process for the Taylor
2534 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
2535 Area, a project component of the Comprehensive Everglades
2536 Restoration Plan. The district shall propose to the Corps of
2537 Engineers that the district take the lead in the design and
2538 construction of the Reservoir Assisted Stormwater Treatment Area
2539 and receive credit towards the local share of the total cost of
2540 the Comprehensive Everglades Restoration Plan.
2541 b. Phase II technical plan and construction.—The district,
2542 in cooperation with the other coordinating agencies, shall
2543 develop a detailed technical plan for Phase II of the Lake
2544 Okeechobee Watershed Construction Project which provides the
2545 basis for the Lake Okeechobee Basin Management Action Plan
2546 adopted by the department pursuant to s. 403.067. The detailed
2547 technical plan shall include measures for the improvement of the
2548 quality, quantity, timing, and distribution of water in the
2549 northern Everglades ecosystem, including the Lake Okeechobee
2550 watershed and the estuaries, and for facilitating the
2551 achievement of water quality standards. Use of cost-effective
2552 biologically based, hybrid wetland/chemical and other innovative
2553 nutrient control technologies shall be incorporated in the plan
2554 where appropriate. The detailed technical plan shall also
2555 include a Process Development and Engineering component to
2556 finalize the detail and design of Phase II projects and identify
2557 additional measures needed to increase the certainty that the
2558 overall objectives for improving water quality and quantity can
2559 be met. Based on information and recommendations from the
2560 Process Development and Engineering component, the Phase II
2561 detailed technical plan shall be periodically updated. Phase II
2562 shall include construction of additional facilities in the
2563 priority basins identified in sub-subparagraph a., as well as
2564 facilities for other basins in the Lake Okeechobee watershed.
2565 The technical plan shall:
2566 (I) Identify Lake Okeechobee Watershed Construction Project
2567 facilities designed to contribute to achieving all applicable
2568 total maximum daily loads established pursuant to s. 403.067
2569 within the Lake Okeechobee watershed.
2570 (II) Identify the size and location of all such Lake
2571 Okeechobee Watershed Construction Project facilities.
2572 (III) Provide a construction schedule for all such Lake
2573 Okeechobee Watershed Construction Project facilities, including
2574 the sequencing and specific timeframe for construction of each
2575 Lake Okeechobee Watershed Construction Project facility.
2576 (IV) Provide a schedule for the acquisition of lands or
2577 sufficient interests necessary to achieve the construction
2578 schedule.
2579 (V) Provide a detailed schedule of costs associated with
2580 the construction schedule.
2581 (VI) Identify, to the maximum extent practicable, impacts
2582 on wetlands and state-listed species expected to be associated
2583 with construction of such facilities, including potential
2584 alternatives to minimize and mitigate such impacts, as
2585 appropriate.
2586 (VII) Provide for additional measures, including voluntary
2587 water storage and quality improvements on private land, to
2588 increase water storage and reduce excess water levels in Lake
2589 Okeechobee and to reduce excess discharges to the estuaries.
2590 (VIII) Develop the appropriate water quantity storage goal
2591 to achieve the desired Lake Okeechobee range of lake levels and
2592 inflow volumes to the Caloosahatchee and St. Lucie estuaries
2593 while meeting the other water-related needs of the region,
2594 including water supply and flood protection.
2595 (IX) Provide for additional source controls needed to
2596 enhance performance of the Lake Okeechobee Watershed
2597 Construction Project facilities. Such additional source controls
2598 shall be incorporated into the Lake Okeechobee Basin Management
2599 Action Plan pursuant to paragraph (b).
2600 c. Evaluation.—Within 5 years after the adoption of the
2601 Lake Okeechobee Basin Management Action Plan pursuant to s.
2602 403.067 and every 5 years thereafter, the department, in
2603 cooperation with the other coordinating agencies, shall conduct
2604 an evaluation of the Lake Okeechobee Watershed Construction
2605 Project and identify any further load reductions necessary to
2606 achieve compliance with the Lake Okeechobee total maximum daily
2607 loads established pursuant to s. 403.067. The district shall
2608 identify modifications to facilities of the Lake Okeechobee
2609 Watershed Construction Project as appropriate to meet the total
2610 maximum daily loads. Modifications to the Lake Okeechobee
2611 Watershed Construction Project resulting from this evaluation
2612 shall be incorporated into the Lake Okeechobee Basin Management
2613 Action Plan and included in the applicable annual progress
2614 report submitted pursuant to subsection (6).
2615 d. Coordination and review.—To ensure the timely
2616 implementation of the Lake Okeechobee Watershed Construction
2617 Project, the design of project facilities shall be coordinated
2618 with the department and other interested parties, including
2619 affected local governments, to the maximum extent practicable.
2620 Lake Okeechobee Watershed Construction Project facilities shall
2621 be reviewed and commented upon by the department before the
2622 execution of a construction contract by the district for that
2623 facility.
2624 2. Lake Okeechobee Watershed Research and Water Quality
2625 Monitoring Program.—The coordinating agencies shall implement a
2626 Lake Okeechobee Watershed Research and Water Quality Monitoring
2627 Program. Results from the program shall be used by the
2628 department, in cooperation with the other coordinating agencies,
2629 to make modifications to the Lake Okeechobee Basin Management
2630 Action Plan adopted pursuant to s. 403.067, as appropriate. The
2631 program shall:
2632 a. Evaluate all available existing water quality data
2633 concerning total phosphorus in the Lake Okeechobee watershed,
2634 develop a water quality baseline to represent existing
2635 conditions for total phosphorus, monitor long-term ecological
2636 changes, including water quality for total phosphorus, and
2637 measure compliance with water quality standards for total
2638 phosphorus, including any applicable total maximum daily load
2639 for the Lake Okeechobee watershed as established pursuant to s.
2640 403.067. Beginning March 1, 2020, and every 5 years thereafter,
2641 the department shall reevaluate water quality and quantity data
2642 to ensure that the appropriate projects are being designated and
2643 incorporated into the Lake Okeechobee Basin Management Action
2644 Plan adopted pursuant to s. 403.067. The district shall
2645 implement a total phosphorus monitoring program at appropriate
2646 structures owned or operated by the district and within the Lake
2647 Okeechobee watershed.
2648 b. Develop a Lake Okeechobee water quality model that
2649 reasonably represents the phosphorus dynamics of Lake Okeechobee
2650 and incorporates an uncertainty analysis associated with model
2651 predictions.
2652 c. Determine the relative contribution of phosphorus from
2653 all identifiable sources and all primary and secondary land
2654 uses.
2655 d. Conduct an assessment of the sources of phosphorus from
2656 the Upper Kissimmee Chain of Lakes and Lake Istokpoga and their
2657 relative contribution to the water quality of Lake Okeechobee.
2658 The results of this assessment shall be used by the coordinating
2659 agencies as part of the Lake Okeechobee Basin Management Action
2660 Plan adopted pursuant to s. 403.067 to develop interim measures,
2661 best management practices, or regulations, as applicable.
2662 e. Assess current water management practices within the
2663 Lake Okeechobee watershed and develop recommendations for
2664 structural and operational improvements. Such recommendations
2665 shall balance water supply, flood control, estuarine salinity,
2666 maintenance of a healthy lake littoral zone, and water quality
2667 considerations.
2668 f. Evaluate the feasibility of alternative nutrient
2669 reduction technologies, including sediment traps, canal and
2670 ditch maintenance, fish production or other aquaculture,
2671 bioenergy conversion processes, and algal or other biological
2672 treatment technologies and include any alternative nutrient
2673 reduction technologies determined to be feasible in the Lake
2674 Okeechobee Basin Management Action Plan adopted pursuant to s.
2675 403.067.
2676 g. Conduct an assessment of the water volumes and timing
2677 from the Lake Okeechobee watershed and their relative
2678 contribution to the water level changes in Lake Okeechobee and
2679 to the timing and volume of water delivered to the estuaries.
2680 (b) Lake Okeechobee Basin Management Action Plan.—The Lake
2681 Okeechobee Basin Management Action Plan adopted pursuant to s.
2682 403.067 shall be the watershed phosphorus control component for
2683 Lake Okeechobee. The Lake Okeechobee Basin Management Action
2684 Plan shall be a multifaceted approach designed to achieve the
2685 total maximum daily load by improving the management of
2686 phosphorus sources within the Lake Okeechobee watershed through
2687 implementation of regulations and best management practices,
2688 continued development and continued implementation of improved
2689 best management practices, improvement and restoration of the
2690 hydrologic function of natural and managed systems, and use of
2691 alternative technologies for nutrient reduction. As provided in
2692 s. 403.067(7)(a)6., the Lake Okeechobee Basin Management Action
2693 Plan must include milestones for implementation and water
2694 quality improvement, and an associated water quality monitoring
2695 component sufficient to evaluate whether reasonable progress in
2696 pollutant load reductions is being achieved over time. An
2697 assessment of progress toward these milestones shall be
2698 conducted every 5 years and shall be provided to the Governor,
2699 the President of the Senate, and the Speaker of the House of
2700 Representatives. Revisions to the plan shall be made, as
2701 appropriate, as a result of each 5-year review. Revisions to the
2702 basin management action plan shall be made by the department in
2703 cooperation with the basin stakeholders. Revisions to best
2704 management practices or other measures must follow the
2705 procedures set forth in s. 403.067(7)(c)4. Revised basin
2706 management action plans must be adopted pursuant to s.
2707 403.067(7)(a)5. The department shall develop an implementation
2708 schedule establishing 5-year, 10-year, and 15-year measurable
2709 milestones and targets to achieve the total maximum daily load
2710 no more than 20 years after adoption of the plan. The initial
2711 implementation schedule shall be used to provide guidance for
2712 planning and funding purposes and is exempt from chapter 120.
2713 Upon the first 5-year review, the implementation schedule shall
2714 be adopted as part of the plan. If achieving the total maximum
2715 daily load within 20 years is not practicable, the
2716 implementation schedule must contain an explanation of the
2717 constraints that prevent achievement of the total maximum daily
2718 load within 20 years, an estimate of the time needed to achieve
2719 the total maximum daily load, and additional 5-year measurable
2720 milestones, as necessary. The coordinating agencies shall
2721 develop an interagency agreement pursuant to ss. 373.046 and
2722 373.406(5) which is consistent with the department taking the
2723 lead on water quality protection measures through the Lake
2724 Okeechobee Basin Management Action Plan adopted pursuant to s.
2725 403.067; the district taking the lead on hydrologic improvements
2726 pursuant to paragraph (a); and the Department of Agriculture and
2727 Consumer Services taking the lead on agricultural interim
2728 measures, best management practices, and other measures adopted
2729 pursuant to s. 403.067. The interagency agreement must specify
2730 how best management practices for nonagricultural nonpoint
2731 sources are developed and how all best management practices are
2732 implemented and verified consistent with s. 403.067 and this
2733 section and must address measures to be taken by the
2734 coordinating agencies during any best management practice
2735 reevaluation performed pursuant to subparagraphs 5. and 10. The
2736 department shall use best professional judgment in making the
2737 initial determination of best management practice effectiveness.
2738 The coordinating agencies may develop an intergovernmental
2739 agreement with local governments to implement nonagricultural
2740 nonpoint source best management practices within their
2741 respective geographic boundaries. The coordinating agencies
2742 shall facilitate the application of federal programs that offer
2743 opportunities for water quality treatment, including
2744 preservation, restoration, or creation of wetlands on
2745 agricultural lands.
2746 1. Agricultural nonpoint source best management practices,
2747 developed in accordance with s. 403.067 and designed to achieve
2748 the objectives of the Lake Okeechobee Watershed Protection
2749 Program as part of a phased approach of management strategies
2750 within the Lake Okeechobee Basin Management Action Plan, shall
2751 be implemented on an expedited basis.
2752 2. As provided in s. 403.067, the Department of Agriculture
2753 and Consumer Services, in consultation with the department, the
2754 district, and affected parties, shall initiate rule development
2755 for interim measures, best management practices, conservation
2756 plans, nutrient management plans, or other measures necessary
2757 for Lake Okeechobee watershed total maximum daily load
2758 reduction. The rule shall include thresholds for requiring
2759 conservation and nutrient management plans and criteria for the
2760 contents of such plans. Development of agricultural nonpoint
2761 source best management practices shall initially focus on those
2762 priority basins listed in sub-subparagraph (a)1.a. The
2763 Department of Agriculture and Consumer Services, in consultation
2764 with the department, the district, and affected parties, shall
2765 conduct an ongoing program for improvement of existing and
2766 development of new agricultural nonpoint source interim measures
2767 and best management practices. The Department of Agriculture and
2768 Consumer Services shall adopt such practices by rule. The
2769 Department of Agriculture and Consumer Services shall work with
2770 the University of Florida Institute of Food and Agriculture
2771 Sciences to review and, where appropriate, develop revised
2772 nutrient application rates for all agricultural soil amendments
2773 in the watershed.
2774 3. As provided in s. 403.067, where agricultural nonpoint
2775 source best management practices or interim measures have been
2776 adopted by rule of the Department of Agriculture and Consumer
2777 Services, the owner or operator of an agricultural nonpoint
2778 source addressed by such rule shall either implement interim
2779 measures or best management practices or demonstrate compliance
2780 with state water quality standards addressed by the Lake
2781 Okeechobee Basin Management Action Plan adopted pursuant to s.
2782 403.067 by conducting monitoring prescribed by the department or
2783 the district. Owners or operators of agricultural nonpoint
2784 sources who implement interim measures or best management
2785 practices adopted by rule of the Department of Agriculture and
2786 Consumer Services shall be subject to s. 403.067.
2787 4. The district or department shall conduct monitoring at
2788 representative sites to verify the effectiveness of agricultural
2789 nonpoint source best management practices.
2790 5. Where water quality problems are detected for
2791 agricultural nonpoint sources despite the appropriate
2792 implementation of adopted best management practices, a
2793 reevaluation of the best management practices shall be conducted
2794 pursuant to s. 403.067(7)(c)4. If the reevaluation determines
2795 that the best management practices or other measures require
2796 modification, the rule shall be revised to require
2797 implementation of the modified practice within a reasonable
2798 period as specified in the rule.
2799 6. As provided in s. 403.067, nonagricultural nonpoint
2800 source best management practices, developed in accordance with
2801 s. 403.067 and designed to achieve the objectives of the Lake
2802 Okeechobee Watershed Protection Program as part of a phased
2803 approach of management strategies within the Lake Okeechobee
2804 Basin Management Action Plan, shall be implemented on an
2805 expedited basis.
2806 7. The department and the district are directed to work
2807 with the University of Florida Institute of Food and
2808 Agricultural Sciences to develop appropriate nutrient
2809 application rates for all nonagricultural soil amendments in the
2810 watershed. As provided in s. 403.067, the department, in
2811 consultation with the district and affected parties, shall
2812 develop nonagricultural nonpoint source interim measures, best
2813 management practices, or other measures necessary for Lake
2814 Okeechobee watershed total maximum daily load reduction.
2815 Development of nonagricultural nonpoint source best management
2816 practices shall initially focus on those priority basins listed
2817 in sub-subparagraph (a)1.a. The department, the district, and
2818 affected parties shall conduct an ongoing program for
2819 improvement of existing and development of new interim measures
2820 and best management practices. The department or the district
2821 shall adopt such practices by rule.
2822 8. Where nonagricultural nonpoint source best management
2823 practices or interim measures have been developed by the
2824 department and adopted by the district, the owner or operator of
2825 a nonagricultural nonpoint source shall implement interim
2826 measures or best management practices and be subject to s.
2827 403.067.
2828 9. As provided in s. 403.067, the district or the
2829 department shall conduct monitoring at representative sites to
2830 verify the effectiveness of nonagricultural nonpoint source best
2831 management practices.
2832 10. Where water quality problems are detected for
2833 nonagricultural nonpoint sources despite the appropriate
2834 implementation of adopted best management practices, a
2835 reevaluation of the best management practices shall be conducted
2836 pursuant to s. 403.067(7)(c)4. If the reevaluation determines
2837 that the best management practices or other measures require
2838 modification, the rule shall be revised to require
2839 implementation of the modified practice within a reasonable time
2840 period as specified in the rule.
2841 11. Subparagraphs 2. and 7. do not preclude the department
2842 or the district from requiring compliance with water quality
2843 standards or with current best management practices requirements
2844 set forth in any applicable regulatory program authorized by law
2845 for the purpose of protecting water quality. Subparagraphs 2.
2846 and 7. are applicable only to the extent that they do not
2847 conflict with any rules adopted by the department that are
2848 necessary to maintain a federally delegated or approved program.
2849 12. The program of agricultural best management practices
2850 set forth in the Everglades Program of the district meets the
2851 requirements of this paragraph and s. 403.067(7) for the Lake
2852 Okeechobee watershed. An entity in compliance with the best
2853 management practices set forth in the Everglades Program of the
2854 district may elect to use that permit in lieu of the
2855 requirements of this paragraph. The provisions of subparagraph
2856 5. apply to this subparagraph. This subparagraph does not alter
2857 any requirement of s. 373.4592.
2858 13. The Department of Agriculture and Consumer Services, in
2859 cooperation with the department and the district, shall provide
2860 technical and financial assistance for implementation of
2861 agricultural best management practices, subject to the
2862 availability of funds. The department and district shall provide
2863 technical and financial assistance for implementation of
2864 nonagricultural nonpoint source best management practices,
2865 subject to the availability of funds.
2866 14. Projects that reduce the phosphorus load originating
2867 from domestic wastewater systems within the Lake Okeechobee
2868 watershed shall be given funding priority in the department’s
2869 revolving loan program under s. 403.1835. The department shall
2870 coordinate and provide assistance to those local governments
2871 seeking financial assistance for such priority projects.
2872 15. Projects that make use of private lands, or lands held
2873 in trust for Indian tribes, to reduce nutrient loadings or
2874 concentrations within a basin by one or more of the following
2875 methods: restoring the natural hydrology of the basin, restoring
2876 wildlife habitat or impacted wetlands, reducing peak flows after
2877 storm events, increasing aquifer recharge, or protecting range
2878 and timberland from conversion to development, are eligible for
2879 grants available under this section from the coordinating
2880 agencies. For projects of otherwise equal priority, special
2881 funding priority will be given to those projects that make best
2882 use of the methods outlined above that involve public-private
2883 partnerships or that obtain federal match money. Preference
2884 ranking above the special funding priority will be given to
2885 projects located in a rural area of opportunity designated by
2886 the Governor. Grant applications may be submitted by any person
2887 or tribal entity, and eligible projects may include, but are not
2888 limited to, the purchase of conservation and flowage easements,
2889 hydrologic restoration of wetlands, creating treatment wetlands,
2890 development of a management plan for natural resources, and
2891 financial support to implement a management plan.
2892 16. The department shall require all entities disposing of
2893 domestic wastewater biosolids within the Lake Okeechobee
2894 watershed and the remaining areas of Okeechobee, Glades, and
2895 Hendry Counties to develop and submit to the department an
2896 agricultural use plan that limits applications based upon
2897 phosphorus loading consistent with the Lake Okeechobee Basin
2898 Management Action Plan adopted pursuant to s. 403.067. The
2899 department may not authorize the disposal of domestic wastewater
2900 biosolids within the Lake Okeechobee watershed unless the
2901 applicant can affirmatively demonstrate that the phosphorus in
2902 the biosolids will not add to phosphorus loadings in Lake
2903 Okeechobee or its tributaries. This demonstration shall be based
2904 on achieving a net balance between phosphorus imports relative
2905 to exports on the permitted application site. Exports shall
2906 include only phosphorus removed from the Lake Okeechobee
2907 watershed through products generated on the permitted
2908 application site. This prohibition does not apply to Class AA
2909 biosolids that are marketed and distributed as fertilizer
2910 products in accordance with department rule.
2911 17. Private and government-owned utilities within Monroe,
2912 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
2913 River, Okeechobee, Highlands, Hendry, and Glades Counties that
2914 dispose of wastewater biosolids sludge from utility operations
2915 and septic removal by land spreading in the Lake Okeechobee
2916 watershed may use a line item on local sewer rates to cover
2917 wastewater biosolids treatment and disposal if such disposal and
2918 treatment is done by approved alternative treatment methodology
2919 at a facility located within the areas designated by the
2920 Governor as rural areas of opportunity pursuant to s. 288.0656.
2921 This additional line item is an environmental protection
2922 disposal fee above the present sewer rate and may not be
2923 considered a part of the present sewer rate to customers,
2924 notwithstanding provisions to the contrary in chapter 367. The
2925 fee shall be established by the county commission or its
2926 designated assignee in the county in which the alternative
2927 method treatment facility is located. The fee shall be
2928 calculated to be no higher than that necessary to recover the
2929 facility’s prudent cost of providing the service. Upon request
2930 by an affected county commission, the Florida Public Service
2931 Commission will provide assistance in establishing the fee.
2932 Further, for utilities and utility authorities that use the
2933 additional line item environmental protection disposal fee, such
2934 fee may not be considered a rate increase under the rules of the
2935 Public Service Commission and shall be exempt from such rules.
2936 Utilities using this section may immediately include in their
2937 sewer invoicing the new environmental protection disposal fee.
2938 Proceeds from this environmental protection disposal fee shall
2939 be used for treatment and disposal of wastewater biosolids,
2940 including any treatment technology that helps reduce the volume
2941 of biosolids that require final disposal, but such proceeds may
2942 not be used for transportation or shipment costs for disposal or
2943 any costs relating to the land application of biosolids in the
2944 Lake Okeechobee watershed.
2945 18. No less frequently than once every 3 years, the Florida
2946 Public Service Commission or the county commission through the
2947 services of an independent auditor shall perform a financial
2948 audit of all facilities receiving compensation from an
2949 environmental protection disposal fee. The Florida Public
2950 Service Commission or the county commission through the services
2951 of an independent auditor shall also perform an audit of the
2952 methodology used in establishing the environmental protection
2953 disposal fee. The Florida Public Service Commission or the
2954 county commission shall, within 120 days after completion of an
2955 audit, file the audit report with the President of the Senate
2956 and the Speaker of the House of Representatives and shall
2957 provide copies to the county commissions of the counties set
2958 forth in subparagraph 17. The books and records of any
2959 facilities receiving compensation from an environmental
2960 protection disposal fee shall be open to the Florida Public
2961 Service Commission and the Auditor General for review upon
2962 request.
2963 19. The Department of Health shall require all entities
2964 disposing of septage within the Lake Okeechobee watershed to
2965 develop and submit to that agency an agricultural use plan that
2966 limits applications based upon phosphorus loading consistent
2967 with the Lake Okeechobee Basin Management Action Plan adopted
2968 pursuant to s. 403.067.
2969 20. The Department of Agriculture and Consumer Services
2970 shall initiate rulemaking requiring entities within the Lake
2971 Okeechobee watershed which land-apply animal manure to develop
2972 resource management system level conservation plans, according
2973 to United States Department of Agriculture criteria, which limit
2974 such application. Such rules must include criteria and
2975 thresholds for the requirement to develop a conservation or
2976 nutrient management plan, requirements for plan approval, site
2977 inspection requirements, and recordkeeping requirements.
2978 21. The district shall revise chapter 40E-61, Florida
2979 Administrative Code, to be consistent with this section and s.
2980 403.067; provide for a monitoring program for nonpoint source
2981 dischargers required to monitor water quality by s. 403.067; and
2982 provide for the results of such monitoring to be reported to the
2983 coordinating agencies.
2984 (c) Lake Okeechobee Exotic Species Control Program.—The
2985 coordinating agencies shall identify the exotic species that
2986 threaten the native flora and fauna within the Lake Okeechobee
2987 watershed and develop and implement measures to protect the
2988 native flora and fauna.
2989 (d) Lake Okeechobee Internal Phosphorus Management
2990 Program.—The district, in cooperation with the other
2991 coordinating agencies and interested parties, shall evaluate the
2992 feasibility of Lake Okeechobee internal phosphorus load removal
2993 projects. The evaluation shall be based on technical
2994 feasibility, as well as economic considerations, and shall
2995 consider all reasonable methods of phosphorus removal. If
2996 projects are found to be feasible, the district shall
2997 immediately pursue the design, funding, and permitting for
2998 implementing such projects.
2999 (e) Lake Okeechobee Watershed Protection Program
3000 implementation.—The coordinating agencies shall be jointly
3001 responsible for implementing the Lake Okeechobee Watershed
3002 Protection Program, consistent with the statutory authority and
3003 responsibility of each agency. Annual funding priorities shall
3004 be jointly established, and the highest priority shall be
3005 assigned to programs and projects that address sources that have
3006 the highest relative contribution to loading and the greatest
3007 potential for reductions needed to meet the total maximum daily
3008 loads. In determining funding priorities, the coordinating
3009 agencies shall also consider the need for regulatory compliance,
3010 the extent to which the program or project is ready to proceed,
3011 and the availability of federal matching funds or other nonstate
3012 funding, including public-private partnerships. Federal and
3013 other nonstate funding shall be maximized to the greatest extent
3014 practicable.
3015 (f) Priorities and implementation schedules.—The
3016 coordinating agencies are authorized and directed to establish
3017 priorities and implementation schedules for the achievement of
3018 total maximum daily loads, compliance with the requirements of
3019 s. 403.067, and compliance with applicable water quality
3020 standards within the waters and watersheds subject to this
3021 section.
3022 (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
3023 ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
3024 program shall be developed and implemented as specified in this
3025 subsection. To protect and restore surface water resources, the
3026 program shall address the reduction of pollutant loadings,
3027 restoration of natural hydrology, and compliance with applicable
3028 state water quality standards. The program shall be achieved
3029 through a phased program of implementation. In addition,
3030 pollutant load reductions based upon adopted total maximum daily
3031 loads established in accordance with s. 403.067 shall serve as a
3032 program objective. In the development and administration of the
3033 program, the coordinating agencies shall maximize opportunities
3034 provided by federal and local government cost-sharing programs
3035 and opportunities for partnerships with the private sector and
3036 local government. The program shall include a goal for salinity
3037 envelopes and freshwater inflow targets for the estuaries based
3038 upon existing research and documentation. The goal may be
3039 revised as new information is available. This goal shall seek to
3040 reduce the frequency and duration of undesirable salinity ranges
3041 while meeting the other water-related needs of the region,
3042 including water supply and flood protection, while recognizing
3043 the extent to which water inflows are within the control and
3044 jurisdiction of the district.
3045 (a) Caloosahatchee River Watershed Protection Plan.—The
3046 district, in cooperation with the other coordinating agencies,
3047 Lee County, and affected counties and municipalities, shall
3048 complete a River Watershed Protection Plan in accordance with
3049 this subsection. The Caloosahatchee River Watershed Protection
3050 Plan shall identify the geographic extent of the watershed, be
3051 coordinated as needed with the plans developed pursuant to
3052 paragraph (3)(a) and paragraph (c) of this subsection, and
3053 include the Caloosahatchee River Watershed Construction Project
3054 and the Caloosahatchee River Watershed Research and Water
3055 Quality Monitoring Program.
3056 1. Caloosahatchee River Watershed Construction Project.—To
3057 improve the hydrology, water quality, and aquatic habitats
3058 within the watershed, the district shall, no later than January
3059 1, 2012, plan, design, and construct the initial phase of the
3060 Watershed Construction Project. In doing so, the district shall:
3061 a. Develop and designate the facilities to be constructed
3062 to achieve stated goals and objectives of the Caloosahatchee
3063 River Watershed Protection Plan.
3064 b. Conduct scientific studies that are necessary to support
3065 the design of the Caloosahatchee River Watershed Construction
3066 Project facilities.
3067 c. Identify the size and location of all such facilities.
3068 d. Provide a construction schedule for all such facilities,
3069 including the sequencing and specific timeframe for construction
3070 of each facility.
3071 e. Provide a schedule for the acquisition of lands or
3072 sufficient interests necessary to achieve the construction
3073 schedule.
3074 f. Provide a schedule of costs and benefits associated with
3075 each construction project and identify funding sources.
3076 g. To ensure timely implementation, coordinate the design,
3077 scheduling, and sequencing of project facilities with the
3078 coordinating agencies, Lee County, other affected counties and
3079 municipalities, and other affected parties.
3080 2. Caloosahatchee River Watershed Research and Water
3081 Quality Monitoring Program.—The district, in cooperation with
3082 the other coordinating agencies and local governments, shall
3083 implement a Caloosahatchee River Watershed Research and Water
3084 Quality Monitoring Program that builds upon the district’s
3085 existing research program and that is sufficient to carry out,
3086 comply with, or assess the plans, programs, and other
3087 responsibilities created by this subsection. The program shall
3088 also conduct an assessment of the water volumes and timing from
3089 Lake Okeechobee and the Caloosahatchee River watershed and their
3090 relative contributions to the timing and volume of water
3091 delivered to the estuary.
3092 (b) Caloosahatchee River Watershed Basin Management Action
3093 Plans.—The basin management action plans adopted pursuant to s.
3094 403.067 for the Caloosahatchee River watershed shall be the
3095 Caloosahatchee River Watershed Pollutant Control Program. The
3096 plans shall be designed to be a multifaceted approach to
3097 reducing pollutant loads by improving the management of
3098 pollutant sources within the Caloosahatchee River watershed
3099 through implementation of regulations and best management
3100 practices, development and implementation of improved best
3101 management practices, improvement and restoration of the
3102 hydrologic function of natural and managed systems, and
3103 utilization of alternative technologies for pollutant reduction,
3104 such as cost-effective biologically based, hybrid
3105 wetland/chemical and other innovative nutrient control
3106 technologies. As provided in s. 403.067(7)(a)6., the
3107 Caloosahatchee River Watershed Basin Management Action Plans
3108 must include milestones for implementation and water quality
3109 improvement, and an associated water quality monitoring
3110 component sufficient to evaluate whether reasonable progress in
3111 pollutant load reductions is being achieved over time. An
3112 assessment of progress toward these milestones shall be
3113 conducted every 5 years and shall be provided to the Governor,
3114 the President of the Senate, and the Speaker of the House of
3115 Representatives. Revisions to the plans shall be made, as
3116 appropriate, as a result of each 5-year review. Revisions to the
3117 basin management action plans shall be made by the department in
3118 cooperation with the basin stakeholders. Revisions to best
3119 management practices or other measures must follow the
3120 procedures set forth in s. 403.067(7)(c)4. Revised basin
3121 management action plans must be adopted pursuant to s.
3122 403.067(7)(a)5. The department shall develop an implementation
3123 schedule establishing 5-year, 10-year, and 15-year measurable
3124 milestones and targets to achieve the total maximum daily load
3125 no more than 20 years after adoption of the plan. The initial
3126 implementation schedule shall be used to provide guidance for
3127 planning and funding purposes and is exempt from chapter 120.
3128 Upon the first 5-year review, the implementation schedule shall
3129 be adopted as part of the plans. If achieving the total maximum
3130 daily load within 20 years is not practicable, the
3131 implementation schedule must contain an explanation of the
3132 constraints that prevent achievement of the total maximum daily
3133 load within 20 years, an estimate of the time needed to achieve
3134 the total maximum daily load, and additional 5-year measurable
3135 milestones, as necessary. The coordinating agencies shall
3136 facilitate the use of federal programs that offer opportunities
3137 for water quality treatment, including preservation,
3138 restoration, or creation of wetlands on agricultural lands.
3139 1. Nonpoint source best management practices consistent
3140 with s. 403.067, designed to achieve the objectives of the
3141 Caloosahatchee River Watershed Protection Program, shall be
3142 implemented on an expedited basis. The coordinating agencies may
3143 develop an intergovernmental agreement with local governments to
3144 implement the nonagricultural, nonpoint source best management
3145 practices within their respective geographic boundaries.
3146 2. This subsection does not preclude the department or the
3147 district from requiring compliance with water quality standards,
3148 adopted total maximum daily loads, or current best management
3149 practices requirements set forth in any applicable regulatory
3150 program authorized by law for the purpose of protecting water
3151 quality. This subsection applies only to the extent that it does
3152 not conflict with any rules adopted by the department or
3153 district which are necessary to maintain a federally delegated
3154 or approved program.
3155 3. Projects that make use of private lands, or lands held
3156 in trust for Indian tribes, to reduce pollutant loadings or
3157 concentrations within a basin, or that reduce the volume of
3158 harmful discharges by one or more of the following methods:
3159 restoring the natural hydrology of the basin, restoring wildlife
3160 habitat or impacted wetlands, reducing peak flows after storm
3161 events, or increasing aquifer recharge, are eligible for grants
3162 available under this section from the coordinating agencies.
3163 4. The Caloosahatchee River Watershed Basin Management
3164 Action Plans shall require assessment of current water
3165 management practices within the watershed and shall require
3166 development of recommendations for structural, nonstructural,
3167 and operational improvements. Such recommendations shall
3168 consider and balance water supply, flood control, estuarine
3169 salinity, aquatic habitat, and water quality considerations.
3170 5. The department may not authorize the disposal of
3171 domestic wastewater biosolids within the Caloosahatchee River
3172 watershed unless the applicant can affirmatively demonstrate
3173 that the nutrients in the biosolids will not add to nutrient
3174 loadings in the watershed. This demonstration shall be based on
3175 achieving a net balance between nutrient imports relative to
3176 exports on the permitted application site. Exports shall include
3177 only nutrients removed from the watershed through products
3178 generated on the permitted application site. This prohibition
3179 does not apply to Class AA biosolids that are marketed and
3180 distributed as fertilizer products in accordance with department
3181 rule.
3182 6. The Department of Health shall require all entities
3183 disposing of septage within the Caloosahatchee River watershed
3184 to develop and submit to that agency an agricultural use plan
3185 that limits applications based upon nutrient loading consistent
3186 with any basin management action plan adopted pursuant to s.
3187 403.067.
3188 7. The Department of Agriculture and Consumer Services
3189 shall require entities within the Caloosahatchee River watershed
3190 which land-apply animal manure to develop a resource management
3191 system level conservation plan, according to United States
3192 Department of Agriculture criteria, which limit such
3193 application. Such rules shall include criteria and thresholds
3194 for the requirement to develop a conservation or nutrient
3195 management plan, requirements for plan approval, site inspection
3196 requirements, and recordkeeping requirements.
3197 8. The district shall initiate rulemaking to provide for a
3198 monitoring program for nonpoint source dischargers required to
3199 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.
3200 The results of such monitoring must be reported to the
3201 coordinating agencies.
3202 (c) St. Lucie River Watershed Protection Plan.—The
3203 district, in cooperation with the other coordinating agencies,
3204 Martin County, and affected counties and municipalities shall
3205 complete a plan in accordance with this subsection. The St.
3206 Lucie River Watershed Protection Plan shall identify the
3207 geographic extent of the watershed, be coordinated as needed
3208 with the plans developed pursuant to paragraph (3)(a) and
3209 paragraph (a) of this subsection, and include the St. Lucie
3210 River Watershed Construction Project and St. Lucie River
3211 Watershed Research and Water Quality Monitoring Program.
3212 1. St. Lucie River Watershed Construction Project.—To
3213 improve the hydrology, water quality, and aquatic habitats
3214 within the watershed, the district shall, no later than January
3215 1, 2012, plan, design, and construct the initial phase of the
3216 Watershed Construction Project. In doing so, the district shall:
3217 a. Develop and designate the facilities to be constructed
3218 to achieve stated goals and objectives of the St. Lucie River
3219 Watershed Protection Plan.
3220 b. Identify the size and location of all such facilities.
3221 c. Provide a construction schedule for all such facilities,
3222 including the sequencing and specific timeframe for construction
3223 of each facility.
3224 d. Provide a schedule for the acquisition of lands or
3225 sufficient interests necessary to achieve the construction
3226 schedule.
3227 e. Provide a schedule of costs and benefits associated with
3228 each construction project and identify funding sources.
3229 f. To ensure timely implementation, coordinate the design,
3230 scheduling, and sequencing of project facilities with the
3231 coordinating agencies, Martin County, St. Lucie County, other
3232 interested parties, and other affected local governments.
3233 2. St. Lucie River Watershed Research and Water Quality
3234 Monitoring Program.—The district, in cooperation with the other
3235 coordinating agencies and local governments, shall establish a
3236 St. Lucie River Watershed Research and Water Quality Monitoring
3237 Program that builds upon the district’s existing research
3238 program and that is sufficient to carry out, comply with, or
3239 assess the plans, programs, and other responsibilities created
3240 by this subsection. The district shall also conduct an
3241 assessment of the water volumes and timing from Lake Okeechobee
3242 and the St. Lucie River watershed and their relative
3243 contributions to the timing and volume of water delivered to the
3244 estuary.
3245 (d) St. Lucie River Watershed Basin Management Action
3246 Plan.—The basin management action plan for the St. Lucie River
3247 watershed adopted pursuant to s. 403.067 shall be the St. Lucie
3248 River Watershed Pollutant Control Program and shall be designed
3249 to be a multifaceted approach to reducing pollutant loads by
3250 improving the management of pollutant sources within the St.
3251 Lucie River watershed through implementation of regulations and
3252 best management practices, development and implementation of
3253 improved best management practices, improvement and restoration
3254 of the hydrologic function of natural and managed systems, and
3255 use of alternative technologies for pollutant reduction, such as
3256 cost-effective biologically based, hybrid wetland/chemical and
3257 other innovative nutrient control technologies. As provided in
3258 s. 403.067(7)(a)6., the St. Lucie River Watershed Basin
3259 Management Action Plan must include milestones for
3260 implementation and water quality improvement, and an associated
3261 water quality monitoring component sufficient to evaluate
3262 whether reasonable progress in pollutant load reductions is
3263 being achieved over time. An assessment of progress toward these
3264 milestones shall be conducted every 5 years and shall be
3265 provided to the Governor, the President of the Senate, and the
3266 Speaker of the House of Representatives. Revisions to the plan
3267 shall be made, as appropriate, as a result of each 5-year
3268 review. Revisions to the basin management action plan shall be
3269 made by the department in cooperation with the basin
3270 stakeholders. Revisions to best management practices or other
3271 measures must follow the procedures set forth in s.
3272 403.067(7)(c)4. Revised basin management action plans must be
3273 adopted pursuant to s. 403.067(7)(a)5. The department shall
3274 develop an implementation schedule establishing 5-year, 10-year,
3275 and 15-year measurable milestones and targets to achieve the
3276 total maximum daily load no more than 20 years after adoption of
3277 the plan. The initial implementation schedule shall be used to
3278 provide guidance for planning and funding purposes and is exempt
3279 from chapter 120. Upon the first 5-year review, the
3280 implementation schedule shall be adopted as part of the plan. If
3281 achieving the total maximum daily load within 20 years is not
3282 practicable, the implementation schedule must contain an
3283 explanation of the constraints that prevent achievement of the
3284 total maximum daily load within 20 years, an estimate of the
3285 time needed to achieve the total maximum daily load, and
3286 additional 5-year measurable milestones, as necessary. The
3287 coordinating agencies shall facilitate the use of federal
3288 programs that offer opportunities for water quality treatment,
3289 including preservation, restoration, or creation of wetlands on
3290 agricultural lands.
3291 1. Nonpoint source best management practices consistent
3292 with s. 403.067, designed to achieve the objectives of the St.
3293 Lucie River Watershed Protection Program, shall be implemented
3294 on an expedited basis. The coordinating agencies may develop an
3295 intergovernmental agreement with local governments to implement
3296 the nonagricultural nonpoint source best management practices
3297 within their respective geographic boundaries.
3298 2. This subsection does not preclude the department or the
3299 district from requiring compliance with water quality standards,
3300 adopted total maximum daily loads, or current best management
3301 practices requirements set forth in any applicable regulatory
3302 program authorized by law for the purpose of protecting water
3303 quality. This subsection applies only to the extent that it does
3304 not conflict with any rules adopted by the department or
3305 district which are necessary to maintain a federally delegated
3306 or approved program.
3307 3. Projects that make use of private lands, or lands held
3308 in trust for Indian tribes, to reduce pollutant loadings or
3309 concentrations within a basin, or that reduce the volume of
3310 harmful discharges by one or more of the following methods:
3311 restoring the natural hydrology of the basin, restoring wildlife
3312 habitat or impacted wetlands, reducing peak flows after storm
3313 events, or increasing aquifer recharge, are eligible for grants
3314 available under this section from the coordinating agencies.
3315 4. The St. Lucie River Watershed Basin Management Action
3316 Plan shall require assessment of current water management
3317 practices within the watershed and shall require development of
3318 recommendations for structural, nonstructural, and operational
3319 improvements. Such recommendations shall consider and balance
3320 water supply, flood control, estuarine salinity, aquatic
3321 habitat, and water quality considerations.
3322 5. The department may not authorize the disposal of
3323 domestic wastewater biosolids within the St. Lucie River
3324 watershed unless the applicant can affirmatively demonstrate
3325 that the nutrients in the biosolids will not add to nutrient
3326 loadings in the watershed. This demonstration shall be based on
3327 achieving a net balance between nutrient imports relative to
3328 exports on the permitted application site. Exports shall include
3329 only nutrients removed from the St. Lucie River watershed
3330 through products generated on the permitted application site.
3331 This prohibition does not apply to Class AA biosolids that are
3332 marketed and distributed as fertilizer products in accordance
3333 with department rule.
3334 6. The Department of Health shall require all entities
3335 disposing of septage within the St. Lucie River watershed to
3336 develop and submit to that agency an agricultural use plan that
3337 limits applications based upon nutrient loading consistent with
3338 any basin management action plan adopted pursuant to s. 403.067.
3339 7. The Department of Agriculture and Consumer Services
3340 shall initiate rulemaking requiring entities within the St.
3341 Lucie River watershed which land-apply animal manure to develop
3342 a resource management system level conservation plan, according
3343 to United States Department of Agriculture criteria, which limit
3344 such application. Such rules shall include criteria and
3345 thresholds for the requirement to develop a conservation or
3346 nutrient management plan, requirements for plan approval, site
3347 inspection requirements, and recordkeeping requirements.
3348 8. The district shall initiate rulemaking to provide for a
3349 monitoring program for nonpoint source dischargers required to
3350 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.
3351 The results of such monitoring must be reported to the
3352 coordinating agencies.
3353 (e) River Watershed Protection Plan implementation.—The
3354 coordinating agencies shall be jointly responsible for
3355 implementing the River Watershed Protection Plans, consistent
3356 with the statutory authority and responsibility of each agency.
3357 Annual funding priorities shall be jointly established, and the
3358 highest priority shall be assigned to programs and projects that
3359 have the greatest potential for achieving the goals and
3360 objectives of the plans. In determining funding priorities, the
3361 coordinating agencies shall also consider the need for
3362 regulatory compliance, the extent to which the program or
3363 project is ready to proceed, and the availability of federal or
3364 local government matching funds. Federal and other nonstate
3365 funding shall be maximized to the greatest extent practicable.
3366 (f) Evaluation.—Beginning March 1, 2020, and every 5 years
3367 thereafter, concurrent with the updates of the basin management
3368 action plans adopted pursuant to s. 403.067, the department, in
3369 cooperation with the other coordinating agencies, shall conduct
3370 an evaluation of any pollutant load reduction goals, as well as
3371 any other specific objectives and goals, as stated in the River
3372 Watershed Protection Programs. The district shall identify
3373 modifications to facilities of the River Watershed Construction
3374 Projects, as appropriate, or any other elements of the River
3375 Watershed Protection Programs. The evaluation shall be included
3376 in the annual progress report submitted pursuant to this
3377 section.
3378 (g) Priorities and implementation schedules.—The
3379 coordinating agencies are authorized and directed to establish
3380 priorities and implementation schedules for the achievement of
3381 total maximum daily loads, the requirements of s. 403.067, and
3382 compliance with applicable water quality standards within the
3383 waters and watersheds subject to this section.
3384 (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
3385 LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The
3386 department is directed to expedite development and adoption of
3387 total maximum daily loads for the Caloosahatchee River and
3388 estuary. The department is further directed to propose for final
3389 agency action total maximum daily loads for nutrients in the
3390 tidal portions of the Caloosahatchee River and estuary. The
3391 department shall initiate development of basin management action
3392 plans for Lake Okeechobee, the Caloosahatchee River watershed
3393 and estuary, and the St. Lucie River watershed and estuary as
3394 provided in s. 403.067 as follows:
3395 (a) Basin management action plans shall be developed as
3396 soon as practicable as determined necessary by the department to
3397 achieve the total maximum daily loads established for the Lake
3398 Okeechobee watershed and the estuaries.
3399 (b) The Phase II technical plan development pursuant to
3400 paragraph (3)(a), and the River Watershed Protection Plans
3401 developed pursuant to paragraphs (4)(a) and (c), shall provide
3402 the basis for basin management action plans developed by the
3403 department.
3404 (c) As determined necessary by the department to achieve
3405 the total maximum daily loads, additional or modified projects
3406 or programs that complement those in the legislatively ratified
3407 plans may be included during the development of the basin
3408 management action plan.
3409 (d) As provided in s. 403.067, management strategies and
3410 pollution reduction requirements set forth in a basin management
3411 action plan subject to permitting by the department under
3412 subsection (7) must be completed pursuant to the schedule set
3413 forth in the basin management action plan, as amended. The
3414 implementation schedule may extend beyond the 5-year permit
3415 term.
3416 (e) As provided in s. 403.067, management strategies and
3417 pollution reduction requirements set forth in a basin management
3418 action plan for a specific pollutant of concern are not subject
3419 to challenge under chapter 120 at the time they are
3420 incorporated, in an identical form, into a department or
3421 district issued permit or a permit modification issued in
3422 accordance with subsection (7).
3423 (6) ANNUAL PROGRESS REPORT.—Each March 1, the district, in
3424 cooperation with the other coordinating agencies, shall report
3425 on implementation of this section as part of the consolidated
3426 annual report required in s. 373.036(7). The annual report shall
3427 include a summary of the conditions of the hydrology, water
3428 quality, and aquatic habitat in the northern Everglades based on
3429 the results of the Research and Water Quality Monitoring
3430 Programs, the status of the Lake Okeechobee Watershed
3431 Construction Project, the status of the Caloosahatchee River
3432 Watershed Construction Project, and the status of the St. Lucie
3433 River Watershed Construction Project. In addition, the report
3434 shall contain an annual accounting of the expenditure of funds
3435 from the Save Our Everglades Trust Fund. At a minimum, the
3436 annual report shall provide detail by program and plan,
3437 including specific information concerning the amount and use of
3438 funds from federal, state, or local government sources. In
3439 detailing the use of these funds, the district shall indicate
3440 those designated to meet requirements for matching funds. The
3441 district shall prepare the report in cooperation with the other
3442 coordinating agencies and affected local governments. The
3443 department shall report on the status of the Lake Okeechobee
3444 Basin Management Action Plan, the Caloosahatchee River Watershed
3445 Basin Management Action Plan, and the St. Lucie River Watershed
3446 Basin Management Action Plan. The Department of Agriculture and
3447 Consumer Services shall report on the status of the
3448 implementation of the agricultural nonpoint source best
3449 management practices, including an implementation assurance
3450 report summarizing survey responses and response rates, site
3451 inspections, and other methods used to verify implementation of
3452 and compliance with best management practices in the Lake
3453 Okeechobee, Caloosahatchee River, and St. Lucie River
3454 watersheds.
3455 (7) LAKE OKEECHOBEE PROTECTION PERMITS.—
3456 (a) The Legislature finds that the Lake Okeechobee
3457 Watershed Protection Program will benefit Lake Okeechobee and
3458 downstream receiving waters and is in the public interest. The
3459 Lake Okeechobee Watershed Construction Project and structures
3460 discharging into or from Lake Okeechobee shall be constructed,
3461 operated, and maintained in accordance with this section.
3462 (b) Permits obtained pursuant to this section are in lieu
3463 of all other permits under this chapter or chapter 403, except
3464 those issued under s. 403.0885, if applicable. Additional
3465 permits are not required for the Lake Okeechobee Watershed
3466 Construction Project, or structures discharging into or from
3467 Lake Okeechobee, if such project or structures are permitted
3468 under this section. Construction activities related to
3469 implementation of the Lake Okeechobee Watershed Construction
3470 Project may be initiated before final agency action, or notice
3471 of intended agency action, on any permit from the department
3472 under this section.
3473 (c)1. Owners or operators of existing structures which
3474 discharge into or from Lake Okeechobee that were subject to
3475 Department Consent Orders 91-0694, 91-0705, 91-0706, 91-0707,
3476 and RT50-205564 and that are subject to s. 373.4592(4)(a) do not
3477 require a permit under this section and shall be governed by
3478 permits issued under ss. 373.413 and 373.416 and the Lake
3479 Okeechobee Basin Management Action Plan adopted pursuant to s.
3480 403.067.
3481 2. For the purposes of this paragraph, owners and operators
3482 of existing structures which are subject to s. 373.4592(4)(a)
3483 and which discharge into or from Lake Okeechobee shall be deemed
3484 in compliance with this paragraph if they are in full compliance
3485 with the conditions of permits under chapter 40E-63, Florida
3486 Administrative Code.
3487 3. By January 1, 2017, the district shall submit to the
3488 department a complete application for a permit modification to
3489 the Lake Okeechobee structure permits to incorporate proposed
3490 changes necessary to ensure that discharges through the
3491 structures covered by this permit are consistent with the basin
3492 management action plan adopted pursuant to s. 403.067.
3493 (d) The department shall require permits for district
3494 regional projects that are part of the Lake Okeechobee Watershed
3495 Construction Project. However, projects that qualify as exempt
3496 pursuant to s. 373.406 do not require permits under this
3497 section. Such permits shall be issued for a term of 5 years upon
3498 the demonstration of reasonable assurances that:
3499 1. District regional projects that are part of the Lake
3500 Okeechobee Watershed Construction Project shall achieve the
3501 design objectives for phosphorus required in subparagraph
3502 (3)(a)1.;
3503 2. For water quality standards other than phosphorus, the
3504 quality of water discharged from the facility is of equal or
3505 better quality than the inflows;
3506 3. Discharges from the facility do not pose a serious
3507 danger to public health, safety, or welfare; and
3508 4. Any impacts on wetlands or state-listed species
3509 resulting from implementation of that facility of the Lake
3510 Okeechobee Construction Project are minimized and mitigated, as
3511 appropriate.
3512 (e) At least 60 days before the expiration of any permit
3513 issued under this section, the permittee may apply for a renewal
3514 thereof for a period of 5 years.
3515 (f) Permits issued under this section may include any
3516 standard conditions provided by department rule which are
3517 appropriate and consistent with this section.
3518 (g) Permits issued under this section may be modified, as
3519 appropriate, upon review and approval by the department.
3520 (8) RESTRICTIONS ON WATER DIVERSIONS.—The South Florida
3521 Water Management District shall not divert waters to the St.
3522 Lucie River, the Indian River estuary, the Caloosahatchee River
3523 or its estuary, or the Everglades National Park, in such a way
3524 that the state water quality standards are violated, that the
3525 nutrients in such diverted waters adversely affect indigenous
3526 vegetation communities or wildlife, or that fresh waters
3527 diverted to the St. Lucie River or the Caloosahatchee or Indian
3528 River estuaries adversely affect the estuarine vegetation or
3529 wildlife, unless the receiving waters will biologically benefit
3530 by the diversion. However, diversion is permitted when an
3531 emergency is declared by the water management district, if the
3532 Secretary of Environmental Protection concurs.
3533 (9) PRESERVATION OF PROVISIONS RELATING TO THE EVERGLADES.
3534 Nothing in this section shall be construed to modify any
3535 provision of s. 373.4592.
3536 (10) RIGHTS OF SEMINOLE TRIBE OF FLORIDA.—Nothing in this
3537 section is intended to diminish or alter the governmental
3538 authority and powers of the Seminole Tribe of Florida, or
3539 diminish or alter the rights of that tribe, including, but not
3540 limited to, rights under the water rights compact among the
3541 Seminole Tribe of Florida, the state, and the South Florida
3542 Water Management District as enacted by Pub. L. No. 100-228, 101
3543 Stat. 1556, and chapter 87-292, Laws of Florida, and codified in
3544 s. 285.165, and rights under any other agreement between the
3545 Seminole Tribe of Florida and the state or its agencies. No land
3546 of the Seminole Tribe of Florida shall be used for water storage
3547 or stormwater treatment without the consent of the tribe.
3548 (11) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—Nothing
3549 in this section shall be construed to modify any existing state
3550 water quality standard or to modify the provisions of s.
3551 403.067(6) and (7)(a).
3552 (12) RULES.—The governing board of the district is
3553 authorized to adopt rules pursuant to ss. 120.536(1) and 120.54
3554 to implement the provisions of this section.
3555 (13) PRESERVATION OF AUTHORITY.—Nothing in this section
3556 shall be construed to restrict the authority otherwise granted
3557 to agencies pursuant to this chapter and chapter 403, and
3558 provisions of this section shall be deemed supplemental to the
3559 authority granted to agencies pursuant to this chapter and
3560 chapter 403.
3561 Section 39. For the purpose of incorporating the amendment
3562 made by this act to section 403.0872, Florida Statutes, in a
3563 reference thereto, section 403.0873, Florida Statutes, is
3564 reenacted to read:
3565 403.0873 Florida Air-Operation License Fee Account.—The
3566 “Florida Air-Operation License Fee Account” is established as a
3567 nonlapsing account within the Department of Environmental
3568 Protection’s Air Pollution Control Trust Fund. All license fees
3569 paid pursuant to s. 403.0872(11) shall be deposited in such
3570 account and must be used solely by the department and approved
3571 local programs under the advice and consent of the Legislature
3572 to pay the direct and indirect costs required to develop and
3573 administer the major stationary source air-operation permit
3574 program. Any approved local pollution control program that
3575 accepts funds from the department as reimbursement for services
3576 it performs in the implementation of the major source air
3577 operation permit program, receives delegation from the
3578 department or the United States Environmental Protection Agency
3579 for implementation of the major source air-operation permit
3580 program, or performs functions, duties, or activities
3581 substantially similar to or duplicative of the services
3582 performed by the department or the United States Environmental
3583 Protection Agency in the implementation of the major source air
3584 operation permit program is prohibited from collecting
3585 additional fees attributable to such services from any source
3586 permitted under s. 403.0872.
3587 Section 40. For the purpose of incorporating the amendment
3588 made by this act to section 403.1838, Florida Statutes, in a
3589 reference thereto, paragraph (d) of subsection (3) of section
3590 403.1835, Florida Statutes, is reenacted to read:
3591 403.1835 Water pollution control financial assistance.—
3592 (3) The department may provide financial assistance through
3593 any program authorized under 33 U.S.C. s. 1383, as amended,
3594 including, but not limited to, making grants and loans,
3595 providing loan guarantees, purchasing loan insurance or other
3596 credit enhancements, and buying or refinancing local debt. This
3597 financial assistance must be administered in accordance with
3598 this section and applicable federal authorities.
3599 (d) The department may make grants to financially
3600 disadvantaged small communities, as defined in s. 403.1838,
3601 using funds made available from grant allocations on loans
3602 authorized under subsection (4). The grants must be administered
3603 in accordance with s. 403.1838.
3604 Section 41. This act shall take effect July 1, 2026.