Florida Senate - 2026 CS for SB 1510
By the Committee on Environment and Natural Resources; and
Senator Massullo
592-02473-26 20261510c1
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.; authorizing remediation
25 plans for certain properties to have certain
26 requirements related to existing conventional onsite
27 sewage treatment and disposal systems; repealing s.
28 373.811, F.S., relating to prohibited activities
29 within a basin management action plan; amending s.
30 380.093, F.S.; revising the definition of the term
31 “community eligible for a reduced cost share”;
32 amending s. 380.502, F.S.; revising legislative
33 findings and intent for the Florida Communities Trust;
34 providing for the transfer of the administration and
35 oversight of the trust from the department to the
36 Acquisition and Restoration Council for a specified
37 purpose; amending s. 380.504, F.S.; deleting
38 provisions relating to the membership, appointments,
39 and organizational structure of the governing body of
40 the trust; providing the purpose of the trust;
41 amending s. 380.507, F.S.; deleting provisions
42 authorizing the trust to make certain loans; revising
43 the powers of the trust; repealing ss. 380.512,
44 380.513, and 380.514, F.S., relating to an annual
45 report, corporate existence, and inconsistent
46 provisions of other laws superseded, respectively;
47 reenacting and amending s. 381.0065, F.S.; authorizing
48 the department to annually review and audit certain
49 inspection and maintenance reports for certain
50 systems; authorizing the department to adopt rules to
51 establish certain procedures; requiring the department
52 to concurrently process operating permits and
53 construction permits under certain circumstances;
54 requiring that an operating permit be obtained before
55 the use of an engineer-designed performance-based
56 system; providing a timeframe for the validity of
57 certain operating permits; requiring an operating
58 permit modification upon certain changes or
59 modifications; providing requirements for subsequent
60 property owners when a property with an onsite sewage
61 treatment and disposal system that requires an
62 operating permit is sold or transferred; providing an
63 exception to certain fees under certain circumstances;
64 requiring an engineer-designed performance-based
65 system maintenance entity to submit a report to the
66 department on a specified basis; deleting a
67 requirement for a property owner to obtain a certain
68 permit from the department for certain onsite sewage
69 treatment and disposal systems; revising the approval
70 criteria for certain onsite sewage treatment and
71 disposal systems; requiring an aerobic treatment unit
72 maintenance entity to submit a report to the
73 department on a specified basis; subjecting real
74 estate transactions for the transfer of title to
75 properties with a certain onsite sewage treatment and
76 disposal system to certain requirements; deleting a
77 requirement that the department contract with or
78 delegate its powers and duties to a county only;
79 amending s. 403.067, F.S.; conforming a provision to
80 changes made by the act; providing a timeframe within
81 which a basin management action plan or plan amendment
82 becomes effective; prohibiting certain activities
83 within a basin management action plan, a reasonable
84 assurance plan, or a pollution reduction plan; making
85 a technical change; amending s. 403.0671, F.S.;
86 conforming a provision to changes made by the act;
87 amending s. 403.0872, F.S.; revising the date by which
88 major permitted sources of air pollution operating in
89 this state must pay an annual operation license fee;
90 authorizing the department to impose penalties if it
91 does not receive such fee by the specified date;
92 deleting provisions relating to costs for
93 administering air pollution construction permits;
94 amending s. 403.1838, F.S.; conforming provisions to
95 changes made by the act; repealing s. 403.804, F.S.,
96 relating to the powers and duties of the Environmental
97 Regulation Commission; amending ss. 120.81, 373.421,
98 403.031, 403.061, 403.704, 403.707, 403.7222,
99 403.7234, 403.803, 403.805, 403.8055, and 403.814,
100 F.S.; conforming provisions to changes made by the
101 act; amending ss. 376.302 and 380.5105, F.S.;
102 conforming cross-references; reenacting s.
103 381.0066(2)(k), F.S., relating to onsite sewage
104 treatment and disposal system fees, to incorporate the
105 amendment made to s. 381.0065, F.S., in a reference
106 thereto; reenacting s. 373.4595, F.S., relating to the
107 Northern Everglades and Estuaries Protection Program,
108 to incorporate the amendment made to s. 403.067, F.S.,
109 in a reference thereto; reenacting s. 403.0873, F.S.,
110 relating to the Florida Air-Operation License Fee
111 Account, to incorporate the amendment made to s.
112 403.0872, F.S., in a reference thereto; reenacting s.
113 403.1835(3)(d), F.S., relating to water pollution
114 control financial assistance, to incorporate the
115 amendment made to s. 403.1838, F.S., in a reference
116 thereto; providing an effective date.
117
118 Be It Enacted by the Legislature of the State of Florida:
119
120 Section 1. Subsection (6) of section 20.255, Florida
121 Statutes, is amended to read:
122 20.255 Department of Environmental Protection.—There is
123 created a Department of Environmental Protection.
124 (6) There is created as a part of the Department of
125 Environmental Protection an Environmental Regulation Commission.
126 The commission shall be composed of seven residents of this
127 state appointed by the Governor, subject to confirmation by the
128 Senate. In making appointments, the Governor shall provide
129 reasonable representation from all sections of the state.
130 Membership shall be representative of agriculture, the
131 development industry, local government, the environmental
132 community, lay citizens, and members of the scientific and
133 technical community who have substantial expertise in the areas
134 of the fate and transport of water pollutants, toxicology,
135 epidemiology, geology, biology, environmental sciences, or
136 engineering. The Governor shall appoint the chair, and the vice
137 chair shall be elected from among the membership. All
138 appointments shall be for 4-year terms. The Governor may at any
139 time fill a vacancy for the unexpired term. The members of the
140 commission shall serve without compensation, but shall be paid
141 travel and per diem as provided in s. 112.061 while in the
142 performance of their official duties. Administrative, personnel,
143 and other support services necessary for the commission shall be
144 furnished by the department. The commission may employ
145 independent counsel and contract for the services of outside
146 technical consultants.
147 Section 2. Paragraph (a) of subsection (1) and subsections
148 (2), (3), and (5) of section 259.035, Florida Statutes, are
149 amended to read:
150 259.035 Acquisition and Restoration Council.—
151 (1) There is created the Acquisition and Restoration
152 Council.
153 (a) The council shall be composed of 12 10 voting members,
154 6 4 of whom shall be appointed by the Governor. Of these 6 four
155 appointees, 3 must three shall be from scientific disciplines
156 related to land, water, or environmental sciences, 1 must and
157 the fourth shall have at least 5 years of experience in managing
158 lands for both active and passive types of recreation, 1 must be
159 a former elected official of a county, and 1 must be a former
160 elected official of a metropolitan municipality. As used in this
161 paragraph, the term “metropolitan” has the same meaning as in s.
162 380.503. They shall serve 4-year terms, except that, initially,
163 to provide for staggered terms, 2 two of the appointees shall
164 serve 2-year terms. All subsequent appointments shall be for 4
165 year terms. An appointee may not serve more than 6 years. The
166 Governor may at any time fill a vacancy for the unexpired term
167 of a member appointed under this paragraph.
168 (2) The 6 four members of the council appointed pursuant to
169 paragraph (1)(a) (a) and the 2 two members of the council
170 appointed pursuant to paragraph (1)(c) (c) shall receive
171 reimbursement for expenses and per diem for travel, to attend
172 council meetings, as allowed state officers and employees while
173 in the performance of their duties, pursuant to s. 112.061.
174 (3) The council shall:
175 (a) Provide assistance to the board in reviewing the
176 recommendations and plans for state-owned conservation lands
177 required under s. 253.034 and this chapter. The council shall,
178 in reviewing such plans, consider the optimization of multiple
179 use and conservation strategies to accomplish the provisions
180 funded pursuant to former s. 259.101(3)(a), Florida Statutes
181 2014, and to s. 259.105(3)(b).
182 (b) Effective July 1, 2026, administer the Florida
183 Communities Trust established in ss. 380.501–380.515, including
184 reviewing, approving, and overseeing project applications and
185 disbursements, and implementation measures consistent with the
186 trust’s purposes. The council shall coordinate with the
187 department for rulemaking and grant cycle administration for the
188 trust, ensuring alignment with the Florida Forever Act and the
189 state’s conservation priorities.
190 (5) An affirmative vote of 6 five members of the council is
191 required in order to change a project boundary or to place a
192 proposed project on a list developed pursuant to subsection (4).
193 Any member of the council, who by family or a business
194 relationship has a connection with all or a portion of any
195 proposed project, shall declare the interest before voting on
196 its inclusion on a list.
197 Section 3. Paragraph (i) of subsection (4) of section
198 259.105, Florida Statutes, is amended to read:
199 259.105 The Florida Forever Act.—
200 (4) It is the intent of the Legislature that projects or
201 acquisitions funded pursuant to paragraphs (3)(a) and (b)
202 contribute to the achievement of the following goals, which
203 shall be evaluated in accordance with specific criteria and
204 numeric performance measures developed pursuant to s.
205 259.035(4):
206 (i) Mitigate the effects of natural disasters and floods in
207 developed areas, as measured by:
208 1. The number of acres acquired within a 100-year
209 floodplain or a coastal high hazard area;
210 2. The number of acres acquired or developed to serve dual
211 functions as:
212 a. Flow ways or temporary water storage areas during
213 flooding or high water events, not including permanent
214 reservoirs; and
215 b. Greenways or open spaces available to the public for
216 recreation;
217 3. The number of acres that protect existing open spaces
218 and natural buffer areas within a floodplain that also serve as
219 natural flow ways or natural temporary water storage areas; and
220 4. The percentage of the land acquired within the project
221 boundary that creates additional open spaces, natural buffer
222 areas, and greenways within a floodplain, while precluding
223 rebuilding in areas that repeatedly flood.
224
225 Florida Forever projects and acquisitions funded pursuant to
226 paragraph (3)(c) shall be measured by goals developed by rule by
227 the Florida Communities Trust Governing Board created in s.
228 380.504.
229 Section 4. Paragraph (d) of subsection (3) of section
230 373.469, Florida Statutes, is amended to read:
231 373.469 Indian River Lagoon Protection Program.—
232 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
233 River Lagoon Protection Program consists of the Banana River
234 Lagoon Basin Management Action Plan, Central Indian River Lagoon
235 Basin Management Action Plan, North Indian River Lagoon Basin
236 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
237 Plan, and such plans are the components of the Indian River
238 Lagoon Protection Program which achieve phosphorous and nitrogen
239 load reductions for the Indian River Lagoon.
240 (d) Onsite sewage treatment and disposal systems.—
241 1. Beginning on January 1, 2024, unless previously
242 permitted, the installation of new onsite sewage treatment and
243 disposal systems is prohibited within the Banana River Lagoon
244 Basin Management Action Plan, Central Indian River Lagoon Basin
245 Management Action Plan, North Indian River Lagoon Basin
246 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
247 Plan areas where a publicly owned or investor-owned sewerage
248 system is available as defined in s. 381.0065(2)(a). Where
249 central sewerage is not available, only enhanced nutrient
250 reducing onsite sewage treatment and disposal systems or other
251 wastewater treatment systems that achieve at least 65 percent
252 nitrogen reduction are authorized.
253 2. By July 1, 2030, any commercial property or any
254 residential property of 10 acres or less with an existing onsite
255 sewage treatment and disposal system located within the Banana
256 River Lagoon Basin Management Action Plan, Central Indian River
257 Lagoon Basin Management Action Plan, North Indian River Lagoon
258 Basin Management Action Plan, and Mosquito Lagoon Reasonable
259 Assurance Plan areas must connect to central sewer if available
260 or upgrade to an enhanced nutrient-reducing onsite sewage
261 treatment and disposal system or other wastewater treatment
262 system that achieves at least 65 percent nitrogen reduction. For
263 all applications submitted before July 1, 2030, to a permitting
264 agency to repair, modify, or replace a conventional onsite
265 sewage treatment and disposal system on a commercial property or
266 a residential property of 10 acres or less, the permitting
267 agency shall notify the property owner of the requirement
268 provided in this subparagraph.
269 Section 5. Paragraph (a) of subsection (1) of section
270 373.807, Florida Statutes, is amended to read:
271 373.807 Protection of water quality in Outstanding Florida
272 Springs.—By July 1, 2016, the department shall initiate
273 assessment, pursuant to s. 403.067(3), of Outstanding Florida
274 Springs or spring systems for which an impairment determination
275 has not been made under the numeric nutrient standards in effect
276 for spring vents. Assessments must be completed by July 1, 2018.
277 (1)(a) Concurrent with the adoption of a nutrient total
278 maximum daily load for an Outstanding Florida Spring, the
279 department, or the department in conjunction with a water
280 management district, shall initiate development of a basin
281 management action plan, as specified in s. 403.067. For an
282 Outstanding Florida Spring with a nutrient total maximum daily
283 load adopted before July 1, 2016, the department, or the
284 department in conjunction with a water management district,
285 shall initiate development of a basin management action plan by
286 July 1, 2016. During the development of a basin management
287 action plan, if the department identifies onsite sewage
288 treatment and disposal systems as contributors of at least 20
289 percent of nonpoint source nitrogen pollution or if the
290 department determines remediation is necessary to achieve the
291 total maximum daily load, the basin management action plan must
292 shall include an onsite sewage treatment and disposal system
293 remediation plan pursuant to subsection (3) for those systems
294 identified as requiring remediation. For properties 10 acres or
295 less located outside the boundary of an established priority
296 focus area of an Outstanding Florida Spring but within the
297 boundary of a specific springs basin management action plan,
298 such remediation plans may require existing conventional onsite
299 sewage treatment and disposal systems to upgrade to a nutrient
300 reducing onsite sewage treatment and disposal system where
301 central sewerage is not available. Such remediation plan may
302 also require properties of any size located within the boundary
303 of an established priority focus area of an Outstanding Florida
304 Spring to upgrade existing conventional onsite sewage treatment
305 and disposal systems to a nutrient-reducing onsite sewage
306 treatment and disposal system where central sewerage is not
307 available.
308 Section 6. Section 373.811, Florida Statutes, is repealed.
309 Section 7. Paragraph (e) of subsection (5) of section
310 380.093, Florida Statutes, is amended to read:
311 380.093 Resilient Florida Grant Program; comprehensive
312 statewide flood vulnerability and sea level rise data set and
313 assessment; Statewide Flooding and Sea Level Rise Resilience
314 Plan; regional resilience entities.—
315 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
316 (e) Each project included in the plan must have a minimum
317 50 percent cost share unless the project assists or is within a
318 community eligible for a reduced cost share. For purposes of
319 this section, the term “community eligible for a reduced cost
320 share” means:
321 1. A municipality that has a population of less than 10,000
322 or fewer, according to the most recent April 1 population
323 estimates posted on the Office of Economic and Demographic
324 Research’s website, and a per capita annual income that is less
325 than the state’s per capita annual income as shown in the most
326 recent release from the Bureau of the Census of the United
327 States Department of Commerce that includes both measurements;
328 2. A county that has a population of less than 50,000 or
329 fewer, according to the most recent April 1 population estimates
330 posted on the Office of Economic and Demographic Research’s
331 website, and a per capita annual income that is less than the
332 state’s per capita annual income as shown in the most recent
333 release from the Bureau of the Census of the United States
334 Department of Commerce that includes both measurements; or
335 3. A municipality or county that has a per capita annual
336 income that is equal to or less than 75 percent of the state’s
337 per capita annual income as shown in the most recent release
338 from the Bureau of the Census of the United States Department of
339 Commerce; or
340 4. A municipality or county that is a rural community as
341 defined in s. 288.0656(2).
342 Section 8. Subsection (3) of section 380.502, Florida
343 Statutes, is amended to read:
344 380.502 Legislative findings and intent.—
345 (3) The Legislature further finds that the goals of land
346 conservation and community development are best served through
347 coordinated decisionmaking and streamlined oversight. It is
348 therefore the intent of the Legislature to transfer the
349 administration and oversight of the Florida Communities Trust
350 from the Department of Environmental Protection to the
351 Acquisition and Restoration Council to improve consistency and
352 effectiveness in conservation land acquisition and resource
353 stewardship It is the intent of the Legislature to establish a
354 nonregulatory agency that will assist local governments in
355 bringing local comprehensive plans into compliance and
356 implementing the goals, objectives, and policies of the
357 conservation, recreation and open space, and coastal elements of
358 local comprehensive plans, or in conserving natural resources
359 and resolving land use conflicts by:
360 (a) Responding promptly and creatively to opportunities to
361 correct undesirable development patterns, restore degraded
362 natural areas, enhance resource values, restore deteriorated or
363 deteriorating urban waterfronts, preserve working waterfronts,
364 reserve lands for later purchase, participate in and promote the
365 use of innovative land acquisition methods, and provide public
366 access to surface waters.
367 (b) Providing financial and technical assistance to local
368 governments, state agencies, and nonprofit organizations to
369 carry out projects and activities and to develop programs
370 authorized by this part.
371 (c) Involving local governments and private interests in
372 voluntarily resolving land use conflicts and issues.
373 Section 9. Section 380.504, Florida Statutes, is amended to
374 read:
375 380.504 Florida Communities Trust; creation; membership;
376 expenses.—
377 (1) There is created within the Department of Environmental
378 Protection a nonregulatory state agency and instrumentality,
379 which shall be a public body corporate and politic, known as the
380 “Florida Communities Trust,.” administered by the Acquisition
381 and Restoration Council The governing body of the trust shall
382 consist of:
383 (a) The Secretary of Environmental Protection; and
384 (b) Four public members whom the Governor shall appoint
385 subject to Senate confirmation.
386
387 The Governor shall appoint a former elected official of a county
388 government, a former elected official of a metropolitan
389 municipal government, a representative of a nonprofit
390 organization as defined in this part, and a representative of
391 the development industry. The Secretary of Environmental
392 Protection may appoint his or her deputy secretary, the director
393 of the Division of State Lands, or the director of the Division
394 of Recreation and Parks to serve in his or her absence. The
395 Secretary of Environmental Protection shall be the chair of the
396 governing body of the trust. The Governor shall make his or her
397 appointments upon the expiration of any current terms or within
398 60 days after the effective date of the resignation of any
399 member.
400 (2) The purpose of the trust is to assist local governments
401 in bringing into compliance and implementing the conservation,
402 recreation and open space, and coastal elements of their
403 comprehensive plans or in conserving natural resources and
404 resolving land use conflicts by providing financial assistance
405 to local governments and nonprofit environmental organizations
406 to carry out projects and activities authorized by this part Of
407 the initial governing body members, two of the Governor’s
408 appointees shall serve for a term of 2 years and the remaining
409 one shall serve for a term of 4 years from the date of
410 appointment. Thereafter, governing body members whom the
411 Governor appoints shall serve for terms of 4 years. The Governor
412 may fill any vacancy for an unexpired term.
413 (3) Governing body members shall receive no compensation
414 for their services, but shall be entitled to the necessary
415 expenses, including per diem and travel expenses, incurred in
416 the discharge of their duties pursuant to this part, as provided
417 by law.
418 Section 10. Subsections (6), (7), (9) through (12), and
419 (14) of section 380.507, Florida Statutes, are amended to read:
420 380.507 Powers of the trust.—The trust shall have all the
421 powers necessary or convenient to carry out the purposes and
422 provisions of this part, including:
423 (6) To award grants and make loans to local governments and
424 nonprofit organizations for the purposes listed in subsection
425 (2) and for acquiring fee title and less than fee title, such as
426 conservation easements or other interests in land, for the
427 purposes of this part.
428 (7) To provide by grant or loan up to the total cost of any
429 project approved according to this part, including the local
430 share of federally supported projects. The trust may require
431 local funding participation in projects. The trust shall
432 determine the funding it will provide by considering the total
433 amount of funding available for the project, the fiscal
434 resources of other project participants, the urgency of the
435 project relative to other eligible projects, and other factors
436 which the trust shall have prescribed by rule. The trust may
437 fund up to 100 percent of any local government land acquisition
438 costs, if part of an approved project.
439 (9) To review project recommendations and funding
440 priorities and provide acquisition decisions To invest any funds
441 held in reserves or sinking funds, or any funds not required for
442 immediate disbursement, in such investments as may be authorized
443 for trust funds under s. 215.47, and in any other authorized
444 investments, if such investments are made on behalf of the trust
445 by the State Board of Administration.
446 (10) To contract for and to accept donations gifts, grants,
447 loans, or other aid from the United States Government or any
448 person or corporation, including donations gifts of real
449 property or any interest in real property.
450 (11) To submit project recommendations, funding priorities,
451 and acquisition decisions to the Acquisition and Restoration
452 Council, which shall have final approval authority over trust
453 expenditures and acquisitions to make rules necessary to carry
454 out the purposes of this part and to exercise any power granted
455 in this part, pursuant to chapter 120. The trust shall adopt
456 rules governing the acquisition of lands with proceeds from the
457 Florida Forever Trust Fund, consistent with the intent expressed
458 in the Florida Forever Act. Such rules for land acquisition must
459 include, but are not limited to, procedures for appraisals and
460 confidentiality consistent with ss. 125.355(1)(a) and (b) and
461 166.045(1)(a) and (b), a method of determining a maximum
462 purchase price, and procedures to assure that the land is
463 acquired in a voluntarily negotiated transaction, surveyed,
464 conveyed with marketable title, and examined for hazardous
465 materials contamination. Land acquisition procedures of a local
466 land authority created pursuant to s. 380.0663 may be used for
467 the land acquisition programs described in former s.
468 259.101(3)(c), Florida Statutes 2014, and in s. 259.105 if
469 within areas of critical state concern designated pursuant to s.
470 380.05, subject to approval of the trust.
471 (12) To develop, in conjunction with the council, rules,
472 policies, and guidelines for the administration of the trust
473 consistent with this part and ss. 259.035 and 259.105 to
474 contract with private consultants and nonprofit organizations
475 for professional and technical assistance and advice.
476 (14) To conduct promotional campaigns, including
477 advertising, for the sale of communities trust license plates
478 authorized in s. 320.08058.
479 Section 11. Section 380.512, Florida Statutes, is repealed.
480 Section 12. Section 380.513, Florida Statutes, is repealed.
481 Section 13. Section 380.514, Florida Statutes, is repealed.
482 Section 14. Paragraph (n) of subsection (3) and subsections
483 (4) and (9) of section 381.0065, Florida Statutes, are amended,
484 and subsection (7) of that section is reenacted, to read:
485 381.0065 Onsite sewage treatment and disposal systems;
486 regulation.—
487 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
488 PROTECTION.—The department shall:
489 (n) Regulate and permit maintenance entities for
490 performance-based treatment systems and aerobic treatment unit
491 systems. To ensure systems are maintained and operated according
492 to manufacturer’s specifications and designs, the department
493 shall establish by rule minimum qualifying criteria for
494 maintenance entities. The criteria shall include training,
495 access to approved spare parts and components, access to
496 manufacturer’s maintenance and operation manuals, and service
497 response time. The maintenance entity shall employ a contractor
498 licensed under s. 489.105(3)(m), or part III of chapter 489, or
499 a state-licensed wastewater plant operator, who is responsible
500 for maintenance and repair of all systems under contract. The
501 department may annually review and audit up to 25 percent of all
502 inspection and maintenance reports submitted by such maintenance
503 entities for performance-based treatment systems and aerobic
504 treatment unit systems. The department may adopt rules to
505 establish procedures for such audits.
506 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
507 construct, repair, modify, abandon, or operate an onsite sewage
508 treatment and disposal system without first obtaining a permit
509 approved by the department. The department may issue permits to
510 carry out this section, except that the issuance of a permit for
511 work seaward of the coastal construction control line
512 established under s. 161.053 shall be contingent upon receipt of
513 any required coastal construction control line permit from the
514 department. A construction permit is valid for 18 months after
515 the date of issuance and may be extended by the department for
516 one 90-day period under rules adopted by the department. A
517 repair permit is valid for 90 days after the date of issuance.
518 When a person jointly applies for a construction permit and an
519 operating permit for the same onsite sewage treatment and
520 disposal system, the department shall concurrently process the
521 operating permit with the construction permit. An operating
522 permit must be obtained before the use of any aerobic treatment
523 unit or engineer-designed performance-based system, or if the
524 establishment generates commercial waste. Buildings or
525 establishments that use an aerobic treatment unit or generate
526 commercial waste shall be inspected by the department at least
527 annually to ensure assure compliance with the terms of the
528 operating permit. The operating permit for a commercial
529 wastewater system is valid for 1 year after the date of issuance
530 and must be renewed annually. The operating permit, where
531 required for a residential onsite sewage treatment and disposal
532 system, is valid for the lifetime of the installation; however,
533 any subsequent change in ownership of the property or any
534 modification of the wastewater system requires an operating
535 permit modification upon such change. When an onsite sewage
536 treatment and disposal system that requires an operating permit
537 is sold or transferred, the subsequent owner with a controlling
538 interest shall provide written notice and proof of ownership to
539 the department to amend the operating permit information within
540 60 days after such property sale or transfer commercial
541 wastewater system is valid for 1 year after the date of issuance
542 and must be renewed annually. The operating permit for an
543 aerobic treatment unit is valid for 2 years after the date of
544 issuance and must be renewed every 2 years. If all information
545 pertaining to the siting, location, and installation conditions
546 or repair of an onsite sewage treatment and disposal system
547 remains the same, a construction or repair permit for the onsite
548 sewage treatment and disposal system may be transferred to
549 another person, if the transferee files, within 60 days after
550 the transfer of ownership, an amended application providing all
551 corrected information and proof of ownership of the property. A
552 fee is not associated with the processing of this supplemental
553 information if only ownership information is updated to reflect
554 a permit transfer for a construction, repair, or an operating
555 permit. A person may not contract to construct, modify, alter,
556 repair, service, abandon, or maintain any portion of an onsite
557 sewage treatment and disposal system without being registered
558 under part III of chapter 489. A property owner who personally
559 performs construction, maintenance, or repairs to a system
560 serving his or her own owner-occupied single-family residence is
561 exempt from registration requirements for performing such
562 construction, maintenance, or repairs on that residence, but is
563 subject to all permitting requirements. A municipality or
564 political subdivision of the state may not issue a building or
565 plumbing permit for any building that requires the use of an
566 onsite sewage treatment and disposal system unless the owner or
567 builder has received a construction permit for such system from
568 the department. A building or structure may not be occupied and
569 a municipality, political subdivision, or any state or federal
570 agency may not authorize occupancy until the department approves
571 the final installation of the onsite sewage treatment and
572 disposal system. A municipality or political subdivision of the
573 state may not approve any change in occupancy or tenancy of a
574 building that uses an onsite sewage treatment and disposal
575 system until the department has reviewed the use of the system
576 with the proposed change, approved the change, and amended the
577 operating permit.
578 (a) Subdivisions and lots in which each lot has a minimum
579 area of at least one-half acre and either a minimum dimension of
580 100 feet or a mean of at least 100 feet of the side bordering
581 the street and the distance formed by a line parallel to the
582 side bordering the street drawn between the two most distant
583 points of the remainder of the lot may be developed with a water
584 system regulated under s. 381.0062 and onsite sewage treatment
585 and disposal systems, provided the projected daily sewage flow
586 does not exceed an average of 1,500 gallons per acre per day,
587 and provided satisfactory drinking water can be obtained and all
588 distance and setback, soil condition, water table elevation, and
589 other related requirements of this section and rules adopted
590 under this section can be met.
591 (b) Subdivisions and lots using a public water system as
592 defined in s. 403.852 may use onsite sewage treatment and
593 disposal systems, provided there are no more than four lots per
594 acre, provided the projected daily sewage flow does not exceed
595 an average of 2,500 gallons per acre per day, and provided that
596 all distance and setback, soil condition, water table elevation,
597 and other related requirements that are generally applicable to
598 the use of onsite sewage treatment and disposal systems are met.
599 (c) Notwithstanding paragraphs (a) and (b), for
600 subdivisions platted of record on or before October 1, 1991,
601 when a developer or other appropriate entity has previously made
602 or makes provisions, including financial assurances or other
603 commitments, acceptable to the department, that a central water
604 system will be installed by a regulated public utility based on
605 a density formula, private potable wells may be used with onsite
606 sewage treatment and disposal systems until the agreed-upon
607 densities are reached. In a subdivision regulated by this
608 paragraph, the average daily sewage flow may not exceed 2,500
609 gallons per acre per day. This section does not affect the
610 validity of existing prior agreements. After October 1, 1991,
611 the exception provided under this paragraph is not available to
612 a developer or other appropriate entity.
613 (d) Paragraphs (a) and (b) do not apply to any proposed
614 residential subdivision with more than 50 lots or to any
615 proposed commercial subdivision with more than 5 lots where a
616 publicly owned or investor-owned sewage treatment system is
617 available. This paragraph does not allow development of
618 additional proposed subdivisions in order to evade the
619 requirements of this paragraph.
620 (e) The department shall adopt rules relating to the
621 location of onsite sewage treatment and disposal systems,
622 including establishing setback distances, to prevent groundwater
623 contamination and surface water contamination and to preserve
624 the public health. The rules must consider conventional and
625 enhanced nutrient-reducing onsite sewage treatment and disposal
626 system designs, impaired or degraded water bodies, domestic
627 wastewater and drinking water infrastructure, potable water
628 sources, nonpotable wells, stormwater infrastructure, the onsite
629 sewage treatment and disposal system remediation plans developed
630 pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the
631 recommendations of the onsite sewage treatment and disposal
632 systems technical advisory committee established pursuant to
633 former s. 381.00652. The rules must also allow a person to apply
634 for and receive a variance from a rule requirement upon
635 demonstration that the requirement would cause an undue hardship
636 and granting the variance would not cause or contribute to the
637 exceedance of a total maximum daily load.
638 (f) Onsite sewage treatment and disposal systems that are
639 permitted before June 21, 2022, may not be placed closer than:
640 1. Seventy-five feet from a private potable well.
641 2. Two hundred feet from a public potable well serving a
642 residential or nonresidential establishment having a total
643 sewage flow of greater than 2,000 gallons per day.
644 3. One hundred feet from a public potable well serving a
645 residential or nonresidential establishment having a total
646 sewage flow of less than or equal to 2,000 gallons per day.
647 4. Fifty feet from any nonpotable well.
648 5. Ten feet from any storm sewer pipe, to the maximum
649 extent possible, but in no instance shall the setback be less
650 than 5 feet.
651 6. Seventy-five feet from the mean high-water line of a
652 tidally influenced surface water body.
653 7. Seventy-five feet from the mean annual flood line of a
654 permanent nontidal surface water body.
655 8. Fifteen feet from the design high-water line of
656 retention areas, detention areas, or swales designed to contain
657 standing or flowing water for less than 72 hours after a
658 rainfall or the design high-water level of normally dry drainage
659 ditches or normally dry individual lot stormwater retention
660 areas.
661 (g) This section and rules adopted under this section
662 relating to soil condition, water table elevation, distance, and
663 other setback requirements must be equally applied to all lots,
664 with the following exceptions:
665 1. Any residential lot that was platted and recorded on or
666 after January 1, 1972, or that is part of a residential
667 subdivision that was approved by the appropriate permitting
668 agency on or after January 1, 1972, and that was eligible for an
669 onsite sewage treatment and disposal system construction permit
670 on the date of such platting and recording or approval shall be
671 eligible for an onsite sewage treatment and disposal system
672 construction permit, regardless of when the application for a
673 permit is made. If rules in effect at the time the permit
674 application is filed cannot be met, residential lots platted and
675 recorded or approved on or after January 1, 1972, shall, to the
676 maximum extent possible, comply with the rules in effect at the
677 time the permit application is filed. At a minimum, however,
678 those residential lots platted and recorded or approved on or
679 after January 1, 1972, but before January 1, 1983, shall comply
680 with those rules in effect on January 1, 1983, and those
681 residential lots platted and recorded or approved on or after
682 January 1, 1983, shall comply with those rules in effect at the
683 time of such platting and recording or approval. In determining
684 the maximum extent of compliance with current rules that is
685 possible, the department shall allow structures and
686 appurtenances thereto which were authorized at the time such
687 lots were platted and recorded or approved.
688 2. Lots platted before 1972 are subject to a 50-foot
689 minimum surface water setback and are not subject to lot size
690 requirements. The projected daily flow for onsite sewage
691 treatment and disposal systems for lots platted before 1972 may
692 not exceed:
693 a. Two thousand five hundred gallons per acre per day for
694 lots served by public water systems as defined in s. 403.852.
695 b. One thousand five hundred gallons per acre per day for
696 lots served by water systems regulated under s. 381.0062.
697 (h)1. The department may grant variances in hardship cases
698 which may be less restrictive than the provisions specified in
699 this section. If a variance is granted and the onsite sewage
700 treatment and disposal system construction permit has been
701 issued, the variance may be transferred with the system
702 construction permit, if the transferee files, within 60 days
703 after the transfer of ownership, an amended construction permit
704 application providing all corrected information and proof of
705 ownership of the property and if the same variance would have
706 been required for the new owner of the property as was
707 originally granted to the original applicant for the variance. A
708 fee is not associated with the processing of this supplemental
709 information. A variance may not be granted under this section
710 until the department is satisfied that:
711 a. The hardship was not caused intentionally by the action
712 of the applicant;
713 b. A reasonable alternative, taking into consideration
714 factors such as cost, does not exist for the treatment of the
715 sewage; and
716 c. The discharge from the onsite sewage treatment and
717 disposal system will not adversely affect the health of the
718 applicant or the public or significantly degrade the groundwater
719 or surface waters.
720
721 Where soil conditions, water table elevation, and setback
722 provisions are determined by the department to be satisfactory,
723 special consideration must be given to those lots platted before
724 1972.
725 2. The department shall appoint and staff a variance review
726 and advisory committee, which shall meet monthly to recommend
727 agency action on variance requests. The committee shall make its
728 recommendations on variance requests at the meeting in which the
729 application is scheduled for consideration, except for an
730 extraordinary change in circumstances, the receipt of new
731 information that raises new issues, or when the applicant
732 requests an extension. The committee shall consider the criteria
733 in subparagraph 1. in its recommended agency action on variance
734 requests and shall also strive to allow property owners the full
735 use of their land where possible.
736 a. The committee is composed of the following:
737 (I) The Secretary of Environmental Protection or his or her
738 designee.
739 (II) A representative from the county health departments.
740 (III) A representative from the home building industry
741 recommended by the Florida Home Builders Association.
742 (IV) A representative from the septic tank industry
743 recommended by the Florida Onsite Wastewater Association.
744 (V) A representative from the Department of Health.
745 (VI) A representative from the real estate industry who is
746 also a developer in this state who develops lots using onsite
747 sewage treatment and disposal systems, recommended by the
748 Florida Association of Realtors.
749 (VII) A representative from the engineering profession
750 recommended by the Florida Engineering Society.
751 b. Members shall be appointed for a term of 3 years, with
752 such appointments being staggered so that the terms of no more
753 than two members expire in any one year. Members shall serve
754 without remuneration, but if requested, shall be reimbursed for
755 per diem and travel expenses as provided in s. 112.061.
756 3. The variance review and advisory committee is not
757 responsible for reviewing water well permitting. However, the
758 committee shall consider all requirements of law related to
759 onsite sewage treatment and disposal systems when making
760 recommendations on variance requests for onsite sewage treatment
761 and disposal system permits.
762 (i) A construction permit may not be issued for an onsite
763 sewage treatment and disposal system in any area zoned or used
764 for industrial or manufacturing purposes, or its equivalent,
765 where a publicly owned or investor-owned sewage treatment system
766 is available, or where a likelihood exists that the system will
767 receive toxic, hazardous, or industrial waste. An existing
768 onsite sewage treatment and disposal system may be repaired if a
769 publicly owned or investor-owned sewage treatment system is not
770 available within 500 feet of the building sewer stub-out and if
771 system construction and operation standards can be met. This
772 paragraph does not require publicly owned or investor-owned
773 sewage treatment systems to accept anything other than domestic
774 wastewater.
775 1. A building located in an area zoned or used for
776 industrial or manufacturing purposes, or its equivalent, when
777 such building is served by an onsite sewage treatment and
778 disposal system, must not be occupied until the owner or tenant
779 has obtained written approval from the department. The
780 department may not grant approval when the proposed use of the
781 system is to dispose of toxic, hazardous, or industrial
782 wastewater or toxic or hazardous chemicals.
783 2. Each person who owns or operates a business or facility
784 in an area zoned or used for industrial or manufacturing
785 purposes, or its equivalent, or who owns or operates a business
786 that has the potential to generate toxic, hazardous, or
787 industrial wastewater or toxic or hazardous chemicals, and uses
788 an onsite sewage treatment and disposal system that is installed
789 on or after July 5, 1989, must obtain an annual system operating
790 permit from the department. A person who owns or operates a
791 business that uses an onsite sewage treatment and disposal
792 system that was installed and approved before July 5, 1989, does
793 not need to obtain a system operating permit. However, upon
794 change of ownership or tenancy, the new owner or operator must
795 notify the department of the change, and the new owner or
796 operator must obtain an annual system operating permit,
797 regardless of the date that the system was installed or
798 approved.
799 3. The department shall periodically review and evaluate
800 the continued use of onsite sewage treatment and disposal
801 systems in areas zoned or used for industrial or manufacturing
802 purposes, or its equivalent, and may require the collection and
803 analyses of samples from within and around such systems. If the
804 department finds that toxic or hazardous chemicals or toxic,
805 hazardous, or industrial wastewater have been or are being
806 disposed of through an onsite sewage treatment and disposal
807 system, the department shall initiate enforcement actions
808 against the owner or tenant to ensure adequate cleanup,
809 treatment, and disposal.
810 (j) An onsite sewage treatment and disposal system designed
811 by a professional engineer registered in the state and certified
812 by such engineer as complying with performance criteria adopted
813 by the department must be approved by the department subject to
814 the following:
815 1. The performance criteria applicable to engineer-designed
816 systems must be limited to those necessary to ensure that such
817 systems do not adversely affect the public health or
818 significantly degrade the groundwater or surface water. Such
819 performance criteria shall include consideration of the quality
820 of system effluent, the proposed total sewage flow per acre,
821 wastewater treatment capabilities of the natural or replaced
822 soil, water quality classification of the potential surface
823 water-receiving body, and the structural and maintenance
824 viability of the system for the treatment of domestic
825 wastewater. However, performance criteria shall address only the
826 performance of a system and not a system’s design.
827 2. A person electing to use an engineer-designed system
828 shall, upon completion of the system design, submit such design,
829 certified by a registered professional engineer, to the county
830 health department. The county health department may use an
831 outside consultant to review the engineer-designed system, with
832 the actual cost of such review to be borne by the applicant.
833 Within 5 working days after receiving an engineer-designed
834 system permit application, the county health department shall
835 request additional information if the application is not
836 complete. Within 15 working days after receiving a complete
837 application for an engineer-designed system, the county health
838 department shall issue the permit or, if it determines that the
839 system does not comply with the performance criteria, shall
840 notify the applicant of that determination and refer the
841 application to the department for a determination as to whether
842 the system should be approved, disapproved, or approved with
843 modification. The department engineer’s determination shall
844 prevail over the action of the county health department. The
845 applicant shall be notified in writing of the department’s
846 determination and of the applicant’s rights to pursue a variance
847 or seek review under the provisions of chapter 120.
848 3. The owner of an engineer-designed performance-based
849 system must maintain a current maintenance service agreement
850 with a maintenance entity permitted by the department. The
851 maintenance entity shall inspect each system at least twice each
852 year and shall submit an inspection report to the department
853 each time the system is inspected which states report quarterly
854 to the department on the number of systems inspected and
855 serviced. The reports may be submitted electronically.
856 4. The property owner of an owner-occupied, single-family
857 residence may be approved and permitted by the department as a
858 maintenance entity for his or her own performance-based
859 treatment system upon written certification from the system
860 manufacturer’s approved representative that the property owner
861 has received training on the proper installation and service of
862 the system. The maintenance service agreement must conspicuously
863 disclose that the property owner has the right to maintain his
864 or her own system and is exempt from contractor registration
865 requirements for performing construction, maintenance, or
866 repairs on the system but is subject to all permitting
867 requirements.
868 5. The property owner shall obtain a biennial system
869 operating permit from the department for each system. The
870 department may shall inspect the system at least annually, or on
871 such periodic basis as the fee collected permits, and may
872 collect system-effluent samples if appropriate to determine
873 compliance with the performance criteria. The fee for the
874 biennial operating permit must shall be collected beginning with
875 the second year of system operation.
876 6. If an engineer-designed system fails to properly
877 function or fails to meet performance standards, the system must
878 shall be re-engineered, if necessary, to bring the system into
879 compliance with the provisions of this section.
880 (k) An innovative system may be approved in conjunction
881 with an engineer-designed site-specific system that is certified
882 by the engineer to meet the performance-based criteria adopted
883 by the department.
884 (l) For the Florida Keys, the department shall adopt a
885 special rule for the construction, installation, modification,
886 operation, repair, maintenance, and performance of onsite sewage
887 treatment and disposal systems which considers the unique soil
888 conditions and water table elevations, densities, and setback
889 requirements. On lots where a setback distance of 75 feet from
890 surface waters, saltmarsh, and buttonwood association habitat
891 areas cannot be met, an injection well, approved and permitted
892 by the department, may be used for disposal of effluent from
893 onsite sewage treatment and disposal systems. The following
894 additional requirements apply to onsite sewage treatment and
895 disposal systems in Monroe County:
896 1. The county, each municipality, and those special
897 districts established for the purpose of the collection,
898 transmission, treatment, or disposal of sewage shall ensure, in
899 accordance with the specific schedules adopted by the
900 Administration Commission under s. 380.0552, the completion of
901 onsite sewage treatment and disposal system upgrades to meet the
902 requirements of this paragraph.
903 2. Onsite sewage treatment and disposal systems must cease
904 discharge by December 31, 2015, or must comply with department
905 rules and provide the level of treatment which, on a permitted
906 annual average basis, produces an effluent that contains no more
907 than the following concentrations:
908 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
909 b. Suspended Solids of 10 mg/l.
910 c. Total Nitrogen, expressed as N, of 10 mg/l or a
911 reduction in nitrogen of at least 70 percent. A system that has
912 been tested and certified to reduce nitrogen concentrations by
913 at least 70 percent shall be deemed to be in compliance with
914 this standard.
915 d. Total Phosphorus, expressed as P, of 1 mg/l.
916
917 In addition, onsite sewage treatment and disposal systems
918 discharging to an injection well must provide basic disinfection
919 as defined by department rule.
920 3. In areas not scheduled to be served by a central
921 sewerage system, onsite sewage treatment and disposal systems
922 must, by December 31, 2015, comply with department rules and
923 provide the level of treatment described in subparagraph 2.
924 4. In areas scheduled to be served by a central sewerage
925 system by December 31, 2015, if the property owner has paid a
926 connection fee or assessment for connection to the central
927 sewerage system, the property owner may install a holding tank
928 with a high water alarm or an onsite sewage treatment and
929 disposal system that meets the following minimum standards:
930 a. The existing tanks must be pumped and inspected and
931 certified as being watertight and free of defects in accordance
932 with department rule; and
933 b. A sand-lined drainfield or injection well in accordance
934 with department rule must be installed.
935 5. Onsite sewage treatment and disposal systems must be
936 monitored for total nitrogen and total phosphorus concentrations
937 as required by department rule.
938 6. The department shall enforce proper installation,
939 operation, and maintenance of onsite sewage treatment and
940 disposal systems pursuant to this chapter, including ensuring
941 that the appropriate level of treatment described in
942 subparagraph 2. is met.
943 7. The authority of a local government, including a special
944 district, to mandate connection of an onsite sewage treatment
945 and disposal system is governed by s. 4, chapter 99-395, Laws of
946 Florida.
947 8. Notwithstanding any other law, an onsite sewage
948 treatment and disposal system installed after July 1, 2010, in
949 unincorporated Monroe County, excluding special wastewater
950 districts, that complies with the standards in subparagraph 2.
951 is not required to connect to a central sewerage system until
952 December 31, 2020.
953 (m) A product sold in the state for use in onsite sewage
954 treatment and disposal systems may not contain any substance in
955 concentrations or amounts that would interfere with or prevent
956 the successful operation of such system, or that would cause
957 discharges from such systems to violate applicable water quality
958 standards. The department shall publish criteria for products
959 known or expected to meet the conditions of this paragraph. If a
960 product does not meet such criteria, such product may be sold if
961 the manufacturer satisfactorily demonstrates to the department
962 that the conditions of this paragraph are met.
963 (n) Evaluations for determining the seasonal high-water
964 table elevations or the suitability of soils for the use of a
965 new onsite sewage treatment and disposal system shall be
966 performed by department personnel, professional engineers
967 registered in the state, or such other persons with expertise,
968 as defined by rule, in making such evaluations. Evaluations for
969 determining mean annual flood lines shall be performed by those
970 persons identified in paragraph (2)(l). The department shall
971 accept evaluations submitted by professional engineers and such
972 other persons as meet the expertise established by this section
973 or by rule unless the department has a reasonable scientific
974 basis for questioning the accuracy or completeness of the
975 evaluation.
976 (o) An application for an onsite sewage treatment and
977 disposal system permit shall be completed in full, signed by the
978 owner or the owner’s authorized representative, or by a
979 contractor licensed under chapter 489, and shall be accompanied
980 by all required exhibits and fees. Specific documentation of
981 property ownership is not required as a prerequisite to the
982 review of an application or the issuance of a permit. The
983 issuance of a permit does not constitute determination by the
984 department of property ownership.
985 (p) The department may not require any form of subdivision
986 analysis of property by an owner, developer, or subdivider
987 before submission of an application for an onsite sewage
988 treatment and disposal system.
989 (q) This section does not limit the power of a municipality
990 or county to enforce other laws for the protection of the public
991 health and safety.
992 (r) In the siting of onsite sewage treatment and disposal
993 systems, including drainfields, shoulders, and slopes, guttering
994 may not be required on single-family residential dwelling units
995 for systems located greater than 5 feet from the roof drip line
996 of the house. If guttering is used on residential dwelling
997 units, the downspouts shall be directed away from the
998 drainfield.
999 (s) Notwithstanding subparagraph (g)1., onsite sewage
1000 treatment and disposal systems located in floodways of the
1001 Suwannee and Aucilla Rivers must adhere to the following
1002 requirements:
1003 1. The absorption surface of the drainfield may not be
1004 subject to flooding based on 10-year flood elevations. Provided,
1005 however, for lots or parcels created by the subdivision of land
1006 in accordance with applicable local government regulations
1007 before January 17, 1990, if an applicant cannot construct a
1008 drainfield system with the absorption surface of the drainfield
1009 at an elevation equal to or above 10-year flood elevation, the
1010 department shall issue a permit for an onsite sewage treatment
1011 and disposal system within the 10-year floodplain of rivers,
1012 streams, and other bodies of flowing water if all of the
1013 following criteria are met:
1014 a. The lot is at least one-half acre in size;
1015 b. The bottom of the drainfield is at least 36 inches above
1016 the 2-year flood elevation; and
1017 c. The applicant installs a waterless, incinerating, or
1018 organic waste composting toilet and a graywater system and
1019 drainfield in accordance with department rules; an aerobic
1020 treatment unit and drainfield in accordance with department
1021 rules; a system that is capable of reducing effluent nitrate by
1022 at least 50 percent in accordance with department rules; or a
1023 system other than a system using alternative drainfield
1024 materials in accordance with department rules. The United States
1025 Department of Agriculture Soil Conservation Service soil maps,
1026 State of Florida Water Management District data, and Federal
1027 Emergency Management Agency Flood Insurance maps are resources
1028 that shall be used to identify flood-prone areas.
1029 2. The use of fill or mounding to elevate a drainfield
1030 system out of the 10-year floodplain of rivers, streams, or
1031 other bodies of flowing water may not be permitted if such a
1032 system lies within a regulatory floodway of the Suwannee and
1033 Aucilla Rivers. In cases where the 10-year flood elevation does
1034 not coincide with the boundaries of the regulatory floodway, the
1035 regulatory floodway will be considered for the purposes of this
1036 subsection to extend at a minimum to the 10-year flood
1037 elevation.
1038 (t)1. The owner of an aerobic treatment unit system shall
1039 maintain a current maintenance service agreement with an aerobic
1040 treatment unit maintenance entity permitted by the department.
1041 The maintenance entity shall inspect each aerobic treatment unit
1042 system at least twice each year and shall submit an inspection
1043 report to the department each time the system is inspected
1044 stating report quarterly to the department on the number of
1045 aerobic treatment unit systems inspected and serviced. The
1046 reports may be submitted electronically.
1047 2. The property owner of an owner-occupied, single-family
1048 residence may be approved and permitted by the department as a
1049 maintenance entity for his or her own aerobic treatment unit
1050 system upon written certification from the system manufacturer’s
1051 approved representative that the property owner has received
1052 training on the proper installation and service of the system.
1053 The maintenance entity service agreement must conspicuously
1054 disclose that the property owner has the right to maintain his
1055 or her own system and is exempt from contractor registration
1056 requirements for performing construction, maintenance, or
1057 repairs on the system but is subject to all permitting
1058 requirements.
1059 3. A septic tank contractor licensed under part III of
1060 chapter 489, if approved by the manufacturer, may not be denied
1061 access by the manufacturer to aerobic treatment unit system
1062 training or spare parts for maintenance entities. After the
1063 original warranty period, component parts for an aerobic
1064 treatment unit system may be replaced with parts that meet
1065 manufacturer’s specifications but are manufactured by others.
1066 The maintenance entity shall maintain documentation of the
1067 substitute part’s equivalency for 2 years and shall provide such
1068 documentation to the department upon request.
1069 4. The owner of an aerobic treatment unit system shall
1070 obtain a system operating permit from the department and allow
1071 the department to inspect during reasonable hours each aerobic
1072 treatment unit system at least annually, and such inspection may
1073 include collection and analysis of system-effluent samples for
1074 performance criteria established by rule of the department.
1075 (u) The department may require the submission of detailed
1076 system construction plans that are prepared by a professional
1077 engineer registered in this state. The department shall
1078 establish by rule criteria for determining when such a
1079 submission is required.
1080 (v) Any permit issued and approved by the department for
1081 the installation, modification, or repair of an onsite sewage
1082 treatment and disposal system transfers shall transfer with the
1083 title to the property in a real estate transaction. For any such
1084 transfer of title to a property that has an onsite sewage
1085 treatment and disposal system that has not been abandoned in
1086 accordance with this section, or which is subject to a permit
1087 for the installation, modification, repair, or operation of such
1088 a system, the real estate transaction is subject to the
1089 following requirements:
1090 1. A title may not be encumbered at the time of transfer by
1091 new permit requirements by a governmental entity for an onsite
1092 sewage treatment and disposal system which differ from the
1093 permitting requirements in effect at the time the system was
1094 permitted, modified, or repaired.
1095 2. An inspection of a system may not be mandated by a
1096 governmental entity at the point of sale in a real estate
1097 transaction.
1098 3. At or before the time of such real estate transaction,
1099 the following notifications must be provided to the persons
1100 receiving ownership of the property:
1101 a. A disclosure statement clearly identifying that the
1102 property is subject to regulations for an onsite sewage
1103 treatment and disposal system;
1104 b. Information indicating the nature and location of any
1105 existing onsite sewage treatment and disposal system components;
1106 c. If applicable, a statement that the property is subject
1107 to an onsite sewage treatment and disposal system operating
1108 permit and that one or more of the persons receiving a
1109 controlling interest in the property are required pursuant to
1110 this subsection to provide written notice and proof of ownership
1111 to update the operating permit information within 60 days after
1112 such real estate transaction; and
1113 d. A copy of any valid permit for the installation,
1114 modification, repair, or operation of an onsite sewage treatment
1115 and disposal system which will transfer pursuant to this
1116 paragraph.
1117
1118 This paragraph does not affect a septic tank phase-out deferral
1119 program implemented by a consolidated government as defined in
1120 s. 9, Art. VIII of the State Constitution of 1885.
1121 (w) A governmental entity, including a municipality,
1122 county, or statutorily created commission, may not require an
1123 engineer-designed performance-based treatment system, excluding
1124 a passive engineer-designed performance-based treatment system,
1125 before the completion of the Florida Onsite Sewage Nitrogen
1126 Reduction Strategies Project. This paragraph does not apply to a
1127 governmental entity, including a municipality, county, or
1128 statutorily created commission, which adopted a local law,
1129 ordinance, or regulation on or before January 31, 2012.
1130 Notwithstanding this paragraph, an engineer-designed
1131 performance-based treatment system may be used to meet the
1132 requirements of the variance review and advisory committee
1133 recommendations.
1134 (x)1. An onsite sewage treatment and disposal system is not
1135 considered abandoned if the system is disconnected from a
1136 structure that was made unusable or destroyed following a
1137 disaster and if the system was properly functioning at the time
1138 of disconnection and was not adversely affected by the disaster.
1139 The onsite sewage treatment and disposal system may be
1140 reconnected to a rebuilt structure if:
1141 a. The reconnection of the system is to the same type of
1142 structure which contains the same number of bedrooms or fewer,
1143 if the square footage of the structure is less than or equal to
1144 110 percent of the original square footage of the structure that
1145 existed before the disaster;
1146 b. The system is not a sanitary nuisance; and
1147 c. The system has not been altered without prior
1148 authorization.
1149 2. An onsite sewage treatment and disposal system that
1150 serves a property that is foreclosed upon is not considered
1151 abandoned.
1152 (y) If an onsite sewage treatment and disposal system
1153 permittee receives, relies upon, and undertakes construction of
1154 a system based upon a validly issued construction permit under
1155 rules applicable at the time of construction but a change to a
1156 rule occurs within 5 years after the approval of the system for
1157 construction but before the final approval of the system, the
1158 rules applicable and in effect at the time of construction
1159 approval apply at the time of final approval if fundamental site
1160 conditions have not changed between the time of construction
1161 approval and final approval.
1162 (z) An existing-system inspection or evaluation and
1163 assessment, or a modification, replacement, or upgrade of an
1164 onsite sewage treatment and disposal system is not required for
1165 a remodeling addition or modification to a single-family home if
1166 a bedroom is not added. However, a remodeling addition or
1167 modification to a single-family home may not cover any part of
1168 the existing system or encroach upon a required setback or the
1169 unobstructed area. To determine if a setback or the unobstructed
1170 area is impacted, the local health department shall review and
1171 verify a floor plan and site plan of the proposed remodeling
1172 addition or modification to the home submitted by a remodeler
1173 which shows the location of the system, including the distance
1174 of the remodeling addition or modification to the home from the
1175 onsite sewage treatment and disposal system. The local health
1176 department may visit the site or otherwise determine the best
1177 means of verifying the information submitted. A verification of
1178 the location of a system is not an inspection or evaluation and
1179 assessment of the system. The review and verification must be
1180 completed within 7 business days after receipt by the local
1181 health department of a floor plan and site plan. If the review
1182 and verification is not completed within such time, the
1183 remodeling addition or modification to the single-family home,
1184 for the purposes of this paragraph, is approved.
1185 (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
1186 TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
1187 total maximum daily load, the department shall implement a fast
1188 track approval process of no longer than 6 months for the
1189 determination of the use of American National Standards
1190 Institute 245 systems approved by NSF International before July
1191 1, 2020. The department shall also establish an enhanced
1192 nutrient-reducing onsite sewage treatment and disposal system
1193 approval program that will expeditiously evaluate and approve
1194 such systems for use in this state to comply with ss.
1195 403.067(7)(a)10. and 373.469(3)(d).
1196 (9) CONTRACT OR DELEGATION AUTHORITY.—The department may
1197 contract with or delegate its powers and duties under this
1198 section to a county as provided in s. 403.061 or s. 403.182.
1199 Section 15. Paragraph (c) of subsection (6) and paragraph
1200 (a) of subsection (7) of section 403.067, Florida Statutes, are
1201 amended to read:
1202 403.067 Establishment and implementation of total maximum
1203 daily loads.—
1204 (6) CALCULATION AND ALLOCATION.—
1205 (c) Adoption of rules. The total maximum daily load
1206 calculations and allocations established under this subsection
1207 for each water body or water body segment shall be adopted by
1208 rule by the secretary pursuant to ss. 120.536(1), 120.54, and
1209 403.805. Where additional data collection and analysis are
1210 needed to increase the scientific precision and accuracy of the
1211 total maximum daily load, the department is authorized to adopt
1212 phased total maximum daily loads that are subject to change as
1213 additional data becomes available. Where phased total maximum
1214 daily loads are proposed, the department shall, in the detailed
1215 statement of facts and circumstances justifying the rule,
1216 explain why the data are inadequate so as to justify a phased
1217 total maximum daily load. The rules adopted pursuant to this
1218 paragraph are not subject to approval by the Environmental
1219 Regulation Commission and are not subject to the provisions of
1220 s. 120.541(3). As part of the rule development process, the
1221 department shall hold at least one public workshop in the
1222 vicinity of the water body or water body segment for which the
1223 total maximum daily load is being developed. Notice of the
1224 public workshop shall be published not less than 5 days nor more
1225 than 15 days before the public workshop in a newspaper of
1226 general circulation in the county or counties containing the
1227 water bodies or water body segments for which the total maximum
1228 daily load calculation and allocation are being developed.
1229 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1230 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1231 (a) Basin management action plans.—
1232 1. In developing and implementing the total maximum daily
1233 load for a waterbody, the department, or the department in
1234 conjunction with a water management district, may develop a
1235 basin management action plan that addresses some or all of the
1236 watersheds and basins tributary to the waterbody. Such plan must
1237 integrate the appropriate management strategies available to the
1238 state through existing water quality protection programs to
1239 achieve the total maximum daily loads and may provide for phased
1240 implementation of these management strategies to promote timely,
1241 cost-effective actions as provided for in s. 403.151. The plan
1242 must establish a schedule implementing the management
1243 strategies, establish a basis for evaluating the plan’s
1244 effectiveness, and identify feasible funding strategies for
1245 implementing the plan’s management strategies. The management
1246 strategies may include regional treatment systems or other
1247 public works, when appropriate, and voluntary trading of water
1248 quality credits to achieve the needed pollutant load reductions.
1249 2. A basin management action plan must equitably allocate,
1250 pursuant to paragraph (6)(b), pollutant reductions to individual
1251 basins, as a whole to all basins, or to each identified point
1252 source or category of nonpoint sources, as appropriate. For
1253 nonpoint sources for which best management practices have been
1254 adopted, the initial requirement specified by the plan must be
1255 those practices developed pursuant to paragraph (c). When
1256 appropriate, the plan may take into account the benefits of
1257 pollutant load reduction achieved by point or nonpoint sources
1258 that have implemented management strategies to reduce pollutant
1259 loads, including best management practices, before the
1260 development of the basin management action plan. The plan must
1261 also identify the mechanisms that will address potential future
1262 increases in pollutant loading.
1263 3. The basin management action planning process is intended
1264 to involve the broadest possible range of interested parties,
1265 with the objective of encouraging the greatest amount of
1266 cooperation and consensus possible. In developing a basin
1267 management action plan, the department shall assure that key
1268 stakeholders, including, but not limited to, applicable local
1269 governments, water management districts, the Department of
1270 Agriculture and Consumer Services, other appropriate state
1271 agencies, local soil and water conservation districts,
1272 environmental groups, regulated interests, and affected
1273 pollution sources, are invited to participate in the process.
1274 The department shall hold at least one public meeting in the
1275 vicinity of the watershed or basin to discuss and receive
1276 comments during the planning process and shall otherwise
1277 encourage public participation to the greatest practicable
1278 extent. Notice of the public meeting must be published in a
1279 newspaper of general circulation in each county in which the
1280 watershed or basin lies at least 5 days, but not more than 15
1281 days, before the public meeting. A basin management action plan
1282 does not supplant or otherwise alter any assessment made under
1283 subsection (3) or subsection (4) or any calculation or initial
1284 allocation.
1285 4. Each new or revised basin management action plan must
1286 include all of the following:
1287 a. The appropriate management strategies available through
1288 existing water quality protection programs to achieve total
1289 maximum daily loads, which may provide for phased implementation
1290 to promote timely, cost-effective actions as provided for in s.
1291 403.151.
1292 b. A description of best management practices adopted by
1293 rule.
1294 c. For the applicable 5-year implementation milestone, a
1295 list of projects that will achieve the pollutant load reductions
1296 needed to meet the total maximum daily load or the load
1297 allocations established pursuant to subsection (6). Each project
1298 must include a planning-level cost estimate and an estimated
1299 date of completion.
1300 d. A list of projects developed pursuant to paragraph (e),
1301 if applicable.
1302 e. The source and amount of financial assistance to be made
1303 available by the department, a water management district, or
1304 other entity for each listed project, if applicable.
1305 f. A planning-level estimate of each listed project’s
1306 expected load reduction, if applicable.
1307 5. The department shall adopt all or any part of a basin
1308 management action plan and any amendment to such plan by
1309 secretarial order pursuant to chapter 120 to implement this
1310 section. A basin management action plan and any amendment to
1311 such plan shall become effective 60 days after the date the
1312 secretarial order is filed.
1313 6. The basin management action plan must include 5-year
1314 milestones for implementation and water quality improvement, and
1315 an associated water quality monitoring component sufficient to
1316 evaluate whether reasonable progress in pollutant load
1317 reductions is being achieved over time. An assessment of
1318 progress toward these milestones shall be conducted every 5
1319 years, and revisions to the plan shall be made as appropriate.
1320 Any entity with a specific pollutant load reduction requirement
1321 established in a basin management action plan shall identify the
1322 projects or strategies that such entity will undertake to meet
1323 current 5-year pollution reduction milestones, beginning with
1324 the first 5-year milestone for new basin management action
1325 plans, and submit such projects to the department for inclusion
1326 in the appropriate basin management action plan. Each project
1327 identified must include an estimated amount of nutrient
1328 reduction that is reasonably expected to be achieved based on
1329 the best scientific information available. Revisions to the
1330 basin management action plan shall be made by the department in
1331 cooperation with basin stakeholders. Revisions to the management
1332 strategies required for nonpoint sources must follow the
1333 procedures in subparagraph (c)4. Revised basin management action
1334 plans must be adopted pursuant to subparagraph 5.
1335 7. In accordance with procedures adopted by rule under
1336 paragraph (9)(c), basin management action plans, and other
1337 pollution control programs under local, state, or federal
1338 authority as provided in subsection (4), may allow point or
1339 nonpoint sources that will achieve greater pollutant reductions
1340 than required by an adopted total maximum daily load or
1341 wasteload allocation to generate, register, and trade water
1342 quality credits for the excess reductions to enable other
1343 sources to achieve their allocation; however, the generation of
1344 water quality credits does not remove the obligation of a source
1345 or activity to meet applicable technology requirements or
1346 adopted best management practices. Such plans must allow trading
1347 between NPDES permittees, and trading that may or may not
1348 involve NPDES permittees, where the generation or use of the
1349 credits involve an entity or activity not subject to department
1350 water discharge permits whose owner voluntarily elects to obtain
1351 department authorization for the generation and sale of credits.
1352 8. The department’s rule relating to the equitable
1353 abatement of pollutants into surface waters do not apply to
1354 water bodies or waterbody segments for which a basin management
1355 plan that takes into account future new or expanded activities
1356 or discharges has been adopted under this section.
1357 9. In order to promote resilient wastewater utilities, if
1358 the department identifies domestic wastewater treatment
1359 facilities or onsite sewage treatment and disposal systems as
1360 contributors of at least 20 percent of point source or nonpoint
1361 source nutrient pollution or if the department determines
1362 remediation is necessary to achieve the total maximum daily
1363 load, a basin management action plan for a nutrient total
1364 maximum daily load must include the following:
1365 a. A domestic wastewater treatment plan developed by each
1366 local government, in cooperation with the department, the water
1367 management district, and the public and private domestic
1368 wastewater treatment facilities providing services or located
1369 within the jurisdiction of the local government, which addresses
1370 domestic wastewater. Private domestic wastewater facilities and
1371 special districts providing domestic wastewater services must
1372 provide the required wastewater facility information to the
1373 applicable local governments. The domestic wastewater treatment
1374 plan must:
1375 (I) Provide for construction, expansion, or upgrades
1376 necessary to achieve the total maximum daily load requirements
1377 applicable to the domestic wastewater treatment facility.
1378 (II) Include the permitted capacity in average annual
1379 gallons per day for the domestic wastewater treatment facility;
1380 the average nutrient concentration and the estimated average
1381 nutrient load of the domestic wastewater; a projected timeline
1382 of the dates by which the construction of any facility
1383 improvements will begin and be completed and the date by which
1384 operations of the improved facility will begin; the estimated
1385 cost of the improvements; and the identity of responsible
1386 parties.
1387
1388 The domestic wastewater treatment plan must be adopted as part
1389 of the basin management action plan no later than July 1, 2025.
1390 A local government that does not have a domestic wastewater
1391 treatment facility in its jurisdiction is not required to
1392 develop a domestic wastewater treatment plan unless there is a
1393 demonstrated need to establish a domestic wastewater treatment
1394 facility within its jurisdiction to improve water quality
1395 necessary to achieve a total maximum daily load. A local
1396 government is not responsible for a private domestic wastewater
1397 facility’s compliance with a basin management action plan unless
1398 such facility is operated through a public-private partnership
1399 to which the local government is a party.
1400 b. An onsite sewage treatment and disposal system
1401 remediation plan developed by each local government in
1402 cooperation with the department, the Department of Health, water
1403 management districts, and public and private domestic wastewater
1404 treatment facilities.
1405 (I) The onsite sewage treatment and disposal system
1406 remediation plan must identify cost-effective and financially
1407 feasible projects necessary to achieve the nutrient load
1408 reductions required for onsite sewage treatment and disposal
1409 systems. To identify cost-effective and financially feasible
1410 projects for remediation of onsite sewage treatment and disposal
1411 systems, the local government shall:
1412 (A) Include an inventory of onsite sewage treatment and
1413 disposal systems based on the best information available;
1414 (B) Identify onsite sewage treatment and disposal systems
1415 that would be eliminated through connection to existing or
1416 future central domestic wastewater infrastructure in the
1417 jurisdiction or domestic wastewater service area of the local
1418 government, that would be replaced with or upgraded to enhanced
1419 nutrient-reducing onsite sewage treatment and disposal systems,
1420 or that would remain on conventional onsite sewage treatment and
1421 disposal systems;
1422 (C) Estimate the costs of potential onsite sewage treatment
1423 and disposal system connections, upgrades, or replacements; and
1424 (D) Identify deadlines and interim milestones for the
1425 planning, design, and construction of projects.
1426 (II) The department shall adopt the onsite sewage treatment
1427 and disposal system remediation plan as part of the basin
1428 management action plan no later than July 1, 2025, or as
1429 required for Outstanding Florida Springs under s. 373.807.
1430 10. The following activities are prohibited within a basin
1431 management action plan adopted under this section, a reasonable
1432 assurance plan, or a pollution reduction plan:
1433 a. The installation of new onsite sewage treatment and
1434 disposal systems constructed within a basin management action
1435 plan area adopted under this section, a reasonable assurance
1436 plan, or a pollution reduction plan is prohibited where
1437 connection to a publicly owned or investor-owned sewerage system
1438 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1439 or less within a basin management action plan adopted under this
1440 section, a reasonable assurance plan, or a pollution reduction
1441 plan where a publicly owned or investor-owned sewerage system is
1442 not available, the installation of enhanced nutrient-reducing
1443 onsite sewage treatment and disposal systems, distributed
1444 wastewater treatment systems as defined in s. 403.814(13), or
1445 other wastewater treatment systems that achieve at least 65
1446 percent nitrogen reduction is required.
1447 b. The construction or installation of new domestic
1448 wastewater disposal facilities, including rapid infiltration
1449 basins, with permitted capacities of 100,000 or more gallons per
1450 day, except for those facilities that meet an advanced
1451 wastewater treatment standard of no more than 3 mg/l total
1452 nitrogen and 1 mg/l total phosphorus on an annual permitted
1453 basis, or a more stringent treatment standard if the department
1454 determines the more stringent standard is necessary to attain a
1455 total maximum daily load.
1456 c. The construction or installation of new facilities for
1457 the disposal of hazardous waste.
1458 11. When identifying wastewater projects in a basin
1459 management action plan, the department may not require the
1460 higher cost option if it achieves the same nutrient load
1461 reduction as a lower cost option. A regulated entity may choose
1462 a different cost option if it complies with the pollutant
1463 reduction requirements of an adopted total maximum daily load
1464 and meets or exceeds the pollution reduction requirement of the
1465 original project.
1466 12. Annually, local governments subject to a basin
1467 management action plan or located within the basin of a
1468 waterbody not attaining nutrient or nutrient-related standards
1469 must provide to the department an update on the status of
1470 construction of sanitary sewers to serve such areas, in a manner
1471 prescribed by the department.
1472 Section 16. Paragraph (e) of subsection (1) of section
1473 403.0671, Florida Statutes, is amended to read:
1474 403.0671 Basin management action plan wastewater reports.—
1475 (1) By July 1, 2021, the department, in coordination with
1476 the county health departments, wastewater treatment facilities,
1477 and other governmental entities, shall submit a report to the
1478 Governor, the President of the Senate, and the Speaker of the
1479 House of Representatives evaluating the costs of wastewater
1480 projects identified in the basin management action plans
1481 developed pursuant to ss. 373.807 and 403.067(7) and the onsite
1482 sewage treatment and disposal system remediation plans and other
1483 restoration plans developed to meet the total maximum daily
1484 loads required under s. 403.067. The report must include all of
1485 the following:
1486 (e) The projected costs of installing enhanced nutrient
1487 reducing onsite sewage treatment and disposal systems on
1488 buildable lots in priority focus areas to comply with s.
1489 373.811.
1490 Section 17. Subsection (11) of section 403.0872, Florida
1491 Statutes, is amended to read:
1492 403.0872 Operation permits for major sources of air
1493 pollution; annual operation license fee.—Provided that program
1494 approval pursuant to 42 U.S.C. s. 7661a has been received from
1495 the United States Environmental Protection Agency, beginning
1496 January 2, 1995, each major source of air pollution, including
1497 electrical power plants certified under s. 403.511, must obtain
1498 from the department an operation permit for a major source of
1499 air pollution under this section. This operation permit is the
1500 only department operation permit for a major source of air
1501 pollution required for such source; provided, at the applicant’s
1502 request, the department shall issue a separate acid rain permit
1503 for a major source of air pollution that is an affected source
1504 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
1505 for major sources of air pollution, except general permits
1506 issued pursuant to s. 403.814, must be issued in accordance with
1507 the procedures contained in this section and in accordance with
1508 chapter 120; however, to the extent that chapter 120 is
1509 inconsistent with this section, the procedures contained in this
1510 section prevail.
1511 (11) Each major source of air pollution permitted to
1512 operate in this state must pay by June 30 between January 15 and
1513 April 1 of each year, upon written notice from the department,
1514 an annual operation license fee in an amount determined by
1515 department rule. The annual operation license fee shall be
1516 terminated immediately in the event the United States
1517 Environmental Protection Agency imposes annual fees solely to
1518 implement and administer the major source air-operation permit
1519 program in Florida under 40 C.F.R. s. 70.10(d).
1520 (a) The annual fee must be assessed based upon the source’s
1521 previous year’s emissions and must be calculated by multiplying
1522 the applicable annual operation license fee factor times the
1523 tons of each regulated air pollutant actually emitted, as
1524 calculated in accordance with the department’s emissions
1525 computation and reporting rules. The annual fee shall only apply
1526 to those regulated pollutants, except carbon monoxide and
1527 greenhouse gases, for which an allowable numeric emission
1528 limiting standard is specified in the source’s most recent
1529 construction or operation permit; provided, however, that:
1530 1. The license fee factor is $25 or another amount
1531 determined by department rule which ensures that the revenue
1532 provided by each year’s operation license fees is sufficient to
1533 cover all reasonable direct and indirect costs of the major
1534 stationary source air-operation permit program established by
1535 this section. The license fee factor may be increased beyond $25
1536 only if the secretary of the department affirmatively finds that
1537 a shortage of revenue for support of the major stationary source
1538 air-operation permit program will occur in the absence of a fee
1539 factor adjustment. The annual license fee factor may never
1540 exceed $35.
1541 2. The amount of each regulated air pollutant in excess of
1542 4,000 tons per year emitted by any source, or group of sources
1543 belonging to the same Major Group as described in the Standard
1544 Industrial Classification Manual, 1987, may not be included in
1545 the calculation of the fee. Any source, or group of sources,
1546 which does not emit any regulated air pollutant in excess of
1547 4,000 tons per year, is allowed a one-time credit not to exceed
1548 25 percent of the first annual licensing fee for the prorated
1549 portion of existing air-operation permit application fees
1550 remaining upon commencement of the annual licensing fees.
1551 3. If the department has not received the fee by March 1 of
1552 the calendar year, the permittee must be sent a written warning
1553 of the consequences for failing to pay the fee by April 1. If
1554 the fee is not postmarked by June 30 April 1 of the calendar
1555 year, the department shall impose, in addition to the fee, a
1556 penalty of 50 percent of the amount of the fee, plus interest on
1557 such amount computed in accordance with s. 220.807. The
1558 department may not impose such penalty or interest on any amount
1559 underpaid, provided that the permittee has timely remitted
1560 payment of at least 90 percent of the amount determined to be
1561 due and remits full payment within 60 days after receipt of
1562 notice of the amount underpaid. The department may waive the
1563 collection of underpayment and may not be required to refund
1564 overpayment of the fee, if the amount due is less than 1 percent
1565 of the fee, up to $50. The department may revoke any major air
1566 pollution source operation permit if it finds that the
1567 permitholder has failed to timely pay any required annual
1568 operation license fee, penalty, or interest.
1569 4. Notwithstanding the computational provisions of this
1570 subsection, the annual operation license fee for any source
1571 subject to this section may not be less than $250, except that
1572 the annual operation license fee for sources permitted solely
1573 through general permits issued under s. 403.814 may not exceed
1574 $50 per year.
1575 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
1576 air pollution construction permit fees, the department may not
1577 require such fees for changes or additions to a major source of
1578 air pollution permitted pursuant to this section, unless the
1579 activity triggers permitting requirements under Title I, Part C
1580 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
1581 7514a. Costs to issue and administer such permits shall be
1582 considered direct and indirect costs of the major stationary
1583 source air-operation permit program under s. 403.0873. The
1584 department shall, however, require fees pursuant to s.
1585 403.087(7)(a)5.a. for the construction of a new major source of
1586 air pollution that will be subject to the permitting
1587 requirements of this section once constructed and for activities
1588 triggering permitting requirements under Title I, Part C or Part
1589 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.
1590 (b) Annual operation license fees collected by the
1591 department must be sufficient to cover all reasonable direct and
1592 indirect costs required to develop and administer the major
1593 stationary source air-operation permit program, which shall
1594 consist of the following elements to the extent that they are
1595 reasonably related to the regulation of major stationary air
1596 pollution sources, in accordance with United States
1597 Environmental Protection Agency regulations and guidelines:
1598 1. Reviewing and acting upon any application for such a
1599 permit.
1600 2. Implementing and enforcing the terms and conditions of
1601 any such permit, excluding court costs or other costs associated
1602 with any enforcement action.
1603 3. Emissions and ambient monitoring.
1604 4. Preparing generally applicable regulations or guidance.
1605 5. Modeling, analyses, and demonstrations.
1606 6. Preparing inventories and tracking emissions.
1607 7. Implementing the Small Business Stationary Source
1608 Technical and Environmental Compliance Assistance Program.
1609 8. Any audits conducted under paragraph (c).
1610 (c) An audit of the major stationary source air-operation
1611 permit program must be conducted 2 years after the United States
1612 Environmental Protection Agency has given full approval of the
1613 program to ascertain whether the annual operation license fees
1614 collected by the department are used solely to support any
1615 reasonable direct and indirect costs as listed in paragraph (b).
1616 A program audit must be performed biennially after the first
1617 audit.
1618 Section 18. Paragraphs (a) and (b) of subsection (3) of
1619 section 403.1838, Florida Statutes, are amended to read:
1620 403.1838 Small Community Sewer Construction Assistance
1621 Act.—
1622 (3)(a) In accordance with rules adopted by the department
1623 Environmental Regulation Commission under this section, the
1624 department may provide grants, from funds specifically
1625 appropriated for this purpose, to financially disadvantaged
1626 small communities for up to 100 percent of the costs of
1627 planning, designing, constructing, upgrading, or replacing
1628 wastewater collection, transmission, treatment, disposal, and
1629 reuse facilities, including necessary legal and administrative
1630 expenses.
1631 (b) The rules of the department Environmental Regulation
1632 Commission must:
1633 1. Require that projects to plan, design, construct,
1634 upgrade, or replace wastewater collection, transmission,
1635 treatment, disposal, and reuse facilities be cost-effective,
1636 environmentally sound, permittable, and implementable.
1637 2. Require appropriate user charges, connection fees, and
1638 other charges sufficient to ensure the long-term operation,
1639 maintenance, and replacement of the facilities constructed under
1640 each grant.
1641 3. Require grant applications to be submitted on
1642 appropriate forms with appropriate supporting documentation, and
1643 require records to be maintained.
1644 4. Establish a system to determine eligibility of grant
1645 applications.
1646 5. Establish a system to determine the relative priority of
1647 grant applications. The system must consider public health
1648 protection and water pollution prevention or abatement and must
1649 prioritize projects that plan for the installation of wastewater
1650 transmission facilities to be constructed concurrently with
1651 other construction projects occurring within or along a
1652 transportation facility right-of-way.
1653 6. Establish requirements for competitive procurement of
1654 engineering and construction services, materials, and equipment.
1655 7. Provide for termination of grants when program
1656 requirements are not met.
1657 Section 19. Section 403.804, Florida Statutes, is repealed.
1658 Section 20. Subsection (6) of section 120.81, Florida
1659 Statutes, is amended to read:
1660 120.81 Exceptions and special requirements; general areas.—
1661 (6) RISK IMPACT STATEMENT.—The Department of Environmental
1662 Protection shall prepare a risk impact statement for any rule
1663 that is proposed for adoption which approval by the
1664 Environmental Regulation Commission and that establishes or
1665 changes standards or criteria based on impacts to or effects
1666 upon human health. The Department of Agriculture and Consumer
1667 Services shall prepare a risk impact statement for any rule that
1668 is proposed for adoption that establishes standards or criteria
1669 based on impacts to or effects upon human health.
1670 (a) This subsection does not apply to rules adopted
1671 pursuant to federally delegated or mandated programs where such
1672 rules are identical or substantially identical to the federal
1673 regulations or laws being adopted or implemented by the
1674 Department of Environmental Protection or Department of
1675 Agriculture and Consumer Services, as applicable. However, the
1676 Department of Environmental Protection and the Department of
1677 Agriculture and Consumer Services shall identify any risk
1678 analysis information available to them from the Federal
1679 Government that has formed the basis of such a rule.
1680 (b) This subsection does not apply to emergency rules
1681 adopted pursuant to this chapter.
1682 (c) The Department of Environmental Protection and the
1683 Department of Agriculture and Consumer Services shall prepare
1684 and publish notice of the availability of a clear and concise
1685 risk impact statement for all applicable rules. The risk impact
1686 statement must explain the risk to the public health addressed
1687 by the rule and shall identify and summarize the source of the
1688 scientific information used in evaluating that risk.
1689 (d) Nothing in this subsection shall be construed to create
1690 a new cause of action or basis for challenging a rule nor
1691 diminish any existing cause of action or basis for challenging a
1692 rule.
1693 Section 21. Subsection (1) of section 373.421, Florida
1694 Statutes, is amended, and paragraph (b) of subsection (7) of
1695 that section is reenacted, to read:
1696 373.421 Delineation methods; formal determinations.—
1697 (1) The department’s Environmental Regulation Commission
1698 shall adopt a unified statewide methodology for the delineation
1699 of the extent of wetlands as defined in s. 373.019(27).This
1700 methodology shall consider regional differences in the types of
1701 soils and vegetation that may serve as indicators of the extent
1702 of wetlands. This methodology shall also include provisions for
1703 determining the extent of surface waters other than wetlands for
1704 the purposes of regulation under s. 373.414. This methodology
1705 shall not become effective until ratified by the Legislature.
1706 Subsequent to legislative ratification, the wetland definition
1707 in s. 373.019(27) and the adopted wetland methodology shall be
1708 binding on the department, the water management districts, local
1709 governments, and any other governmental entities. Upon
1710 ratification of such wetland methodology, the Legislature
1711 preempts the authority of any water management district, state
1712 or regional agency, or local government to define wetlands or
1713 develop a delineation methodology to implement the definition
1714 and determines that the exclusive definition and delineation
1715 methodology for wetlands shall be that established pursuant to
1716 s. 373.019(27) and this section. Upon such legislative
1717 ratification, any existing wetlands definition or wetland
1718 delineation methodology shall be superseded by the wetland
1719 definition and delineation methodology established pursuant to
1720 this chapter. Subsequent to legislative ratification, a
1721 delineation of the extent of a surface water or wetland by the
1722 department or a water management district, pursuant to a formal
1723 determination under subsection (2), or pursuant to a permit
1724 issued under this part in which the delineation was field
1725 verified by the permitting agency and specifically approved in
1726 the permit, shall be binding on all other governmental entities
1727 for the duration of the formal determination or permit. All
1728 existing rules and methodologies of the department, the water
1729 management districts, and local governments, regarding surface
1730 water or wetland definition and delineation shall remain in full
1731 force and effect until the common methodology rule becomes
1732 effective. However, this shall not be construed to limit any
1733 power of the department, the water management districts, and
1734 local governments to amend or adopt a surface water or wetland
1735 definition or delineation methodology until the common
1736 methodology rule becomes effective.
1737 (7)
1738 (b) Wetlands contiguous to surface waters of the state as
1739 defined in s. 403.031(13), Florida Statutes (1991), shall be
1740 delineated pursuant to the department’s rules as such rules
1741 existed prior to January 24, 1984, while wetlands not contiguous
1742 to surface waters of the state as defined in s. 403.031(13),
1743 Florida Statutes (1991), shall be delineated pursuant to the
1744 applicable methodology ratified by s. 373.4211 for any
1745 development which obtains an individual permit from the United
1746 States Army Corps of Engineers under 33 U.S.C. s. 1344:
1747 1. Where a jurisdictional determination validated by the
1748 department pursuant to rule 17-301.400(8), Florida
1749 Administrative Code, as it existed in rule 17-4.022, Florida
1750 Administrative Code, on April 1, 1985, is revalidated pursuant
1751 to s. 373.414(13) and the affected lands are part of a project
1752 for which a vested rights determination has been issued pursuant
1753 to s. 380.06, or
1754 2. Where the lands affected were grandfathered pursuant to
1755 s. 403.913(6), Florida Statutes (1991), and proof of prior
1756 notification pursuant to s. 403.913(6), Florida Statutes (1991),
1757 is submitted to the department within 180 days of the
1758 publication of a notice by the department of the existence of
1759 this provision. Failure to timely submit the proof of prior
1760 notification to the department serves as a waiver of the
1761 benefits conferred by this subsection.
1762 3. This subsection shall not be applicable to lands:
1763 a. Within the geographical area to which an individual or
1764 general permit issued prior to June 1, 1994, under rules adopted
1765 pursuant to this part applies; or
1766 b. Within the geographical area to which a conceptual
1767 permit issued prior to June 1, 1994, under rules adopted
1768 pursuant to this part applies if wetland delineations were
1769 identified and approved by the conceptual permit as set forth in
1770 s. 373.414(12)(b)1. or 2.; or
1771 c. Where no development activity as defined in s. 380.01(1)
1772 or (2)(a)-(d) and (f) has occurred within the project boundaries
1773 since October 1, 1986; or
1774 d. Of a project which is not in compliance with this part
1775 or the rules adopted pursuant to ss. 403.91-403.929, 1984
1776 Supplement to the Florida Statutes 1983, as amended.
1777 4. The wetland delineation methodology required in this
1778 subsection shall only apply within the geographical area of an
1779 individual permit issued by the United States Army Corps of
1780 Engineers under 33 U.S.C. s. 1344. The requirement to obtain
1781 such individual permit to secure the benefit of this subsection
1782 shall not apply to any activities exempt or not subject to
1783 regulation under 33 U.S.C. s. 1344.
1784 5. Notwithstanding subsection (1), the wetland delineation
1785 methodology required in this subsection and any wetland
1786 delineation pursuant thereto, shall only apply to agency action
1787 under this part and shall not be binding on local governments
1788 except in their implementation of this part.
1789 Section 22. Paragraph (b) of subsection (23) of section
1790 403.031, Florida Statutes, is amended to read:
1791 403.031 Definitions.—In construing this chapter, or rules
1792 and regulations adopted pursuant hereto, the following words,
1793 phrases, or terms, unless the context otherwise indicates, have
1794 the following meanings:
1795 (23) “Waters” include, but are not limited to, rivers,
1796 lakes, streams, springs, impoundments, wetlands, and all other
1797 waters or bodies of water, including fresh, brackish, saline,
1798 tidal, surface, or underground waters. Waters owned entirely by
1799 one person other than the state are included only in regard to
1800 possible discharge on other property or water. Underground
1801 waters include, but are not limited to, all underground waters
1802 passing through pores of rock or soils or flowing through in
1803 channels, whether manmade or natural. Solely for purposes of s.
1804 403.0885, waters of the state also include navigable waters or
1805 waters of the contiguous zone as used in s. 502 of the Clean
1806 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
1807 existence on January 1, 1993, except for those navigable waters
1808 seaward of the boundaries of the state set forth in s. 1, Art.
1809 II of the State Constitution. Solely for purposes of this
1810 chapter, waters of the state also include the area bounded by
1811 the following:
1812 (b) The area bounded by the line described in paragraph (a)
1813 generally includes those waters to be known as waters of the
1814 state. The landward extent of these waters shall be determined
1815 by the delineation methodology ratified in s. 373.4211. Any
1816 waters which are outside the general boundary line described in
1817 paragraph (a) but which are contiguous thereto by virtue of the
1818 presence of a wetland, watercourse, or other surface water, as
1819 determined by the delineation methodology ratified in s.
1820 373.4211, shall be a part of this waterbody. Any areas within
1821 the line described in paragraph (a) which are neither a wetland
1822 nor surface water, as determined by the delineation methodology
1823 ratified in s. 373.4211, shall be excluded therefrom. If the
1824 Florida Environmental Regulation Commission designates the
1825 waters within the boundaries an Outstanding Florida Water,
1826 waters outside the boundaries may not be included as part of
1827 such designation unless a hearing is held pursuant to notice in
1828 each appropriate county and the boundaries of such lands are
1829 specifically considered and described for such designation.
1830 Section 23. Subsections (7) and (32) of section 403.061,
1831 Florida Statutes, are amended to read:
1832 403.061 Department; powers and duties.—The department shall
1833 have the power and the duty to control and prohibit pollution of
1834 air and water in accordance with the law and rules adopted and
1835 promulgated by it and, for this purpose, to:
1836 (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
1837 implement this act. Any rule adopted pursuant to this act must
1838 be consistent with the provisions of federal law, if any,
1839 relating to control of emissions from motor vehicles, effluent
1840 limitations, pretreatment requirements, or standards of
1841 performance. A county, municipality, or political subdivision
1842 may not adopt or enforce any local ordinance, special law, or
1843 local regulation requiring the installation of Stage II vapor
1844 recovery systems, as currently defined by department rule,
1845 unless such county, municipality, or political subdivision is or
1846 has been in the past designated by federal regulation as a
1847 moderate, serious, or severe ozone nonattainment area. Rules
1848 adopted pursuant to this act may not require dischargers of
1849 waste into waters of the state to improve natural background
1850 conditions. The department shall adopt rules to reasonably
1851 limit, reduce, and eliminate domestic wastewater collection and
1852 transmission system pipe leakages and inflow and infiltration.
1853 Discharges from steam electric generating plants existing or
1854 licensed under this chapter on July 1, 1984, may not be required
1855 to be treated to a greater extent than may be necessary to
1856 assure that the quality of nonthermal components of discharges
1857 from nonrecirculated cooling water systems is as high as the
1858 quality of the makeup waters; that the quality of nonthermal
1859 components of discharges from recirculated cooling water systems
1860 is no lower than is allowed for blowdown from such systems; or
1861 that the quality of noncooling system discharges which receive
1862 makeup water from a receiving body of water which does not meet
1863 applicable department water quality standards is as high as the
1864 quality of the receiving body of water. The department may not
1865 adopt standards more stringent than federal regulations, except
1866 as provided in s. 403.804.
1867 (32) Adopt rules necessary to obtain approval from the
1868 United States Environmental Protection Agency to administer the
1869 Federal National Pollution Discharge Elimination System (NPDES)
1870 permitting program in Florida under ss. 318, 402, and 405 of the
1871 federal Clean Water Act, Pub. L. No. 92-500, as amended. This
1872 authority shall be implemented consistent with the provisions of
1873 part II, which shall be applicable to facilities certified
1874 thereunder. The department shall establish all rules, standards,
1875 and requirements that regulate the discharge of pollutants into
1876 waters of the United States as defined by and in a manner
1877 consistent with federal regulations; provided, however, that the
1878 department may adopt a standard that is stricter or more
1879 stringent than one set by the United States Environmental
1880 Protection Agency if approved by the Governor and Cabinet in
1881 accordance with the procedures of s. 403.804(2).
1882
1883 The department shall implement such programs in conjunction with
1884 its other powers and duties and shall place special emphasis on
1885 reducing and eliminating contamination that presents a threat to
1886 humans, animals or plants, or to the environment.
1887 Section 24. Subsection (9) of section 403.704, Florida
1888 Statutes, is amended to read:
1889 403.704 Powers and duties of the department.—The department
1890 shall have responsibility for the implementation and enforcement
1891 of this act. In addition to other powers and duties, the
1892 department shall:
1893 (9) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
1894 implement and enforce this act, including requirements for the
1895 classification, construction, operation, maintenance, and
1896 closure of solid waste management facilities and requirements
1897 for, and conditions on, solid waste disposal in this state,
1898 whether such solid waste is generated within this state or
1899 outside this state as long as such requirements and conditions
1900 are not based on the out-of-state origin of the waste and are
1901 consistent with applicable law. When classifying solid waste
1902 management facilities, the department shall consider the
1903 hydrogeology of the site for the facility, the types of wastes
1904 to be handled by the facility, and methods used to control the
1905 types of waste to be handled by the facility and shall seek to
1906 minimize the adverse effects of solid waste management on the
1907 environment. Whenever the department adopts any rule stricter or
1908 more stringent than one that has been set by the United States
1909 Environmental Protection Agency, the procedures set forth in s.
1910 403.804(2) shall be followed. The department may shall not,
1911 however, adopt hazardous waste rules for solid waste for which
1912 special studies were required before prior to October 1, 1988,
1913 under s. 8002 of the Resource Conservation and Recovery Act, 42
1914 U.S.C. s. 6982, as amended, until the studies are completed by
1915 the United States Environmental Protection Agency and the
1916 information is available to the department for consideration in
1917 adopting its own rule.
1918 Section 25. Paragraph (d) of subsection (3) and paragraph
1919 (h) of subsection (9) of section 403.707, Florida Statutes, are
1920 amended to read:
1921 403.707 Permits.—
1922 (3)
1923 (d) The department may adopt rules to administer this
1924 subsection. However, the department is not required to submit
1925 such rules to the Environmental Regulation Commission for
1926 approval. Notwithstanding the limitations of s. 403.087(7)(a),
1927 permit fee caps for solid waste management facilities must shall
1928 be prorated to reflect the extended permit term authorized by
1929 this subsection.
1930 (9) The department shall establish a separate category for
1931 solid waste management facilities that accept only construction
1932 and demolition debris for disposal or recycling. The department
1933 shall establish a reasonable schedule for existing facilities to
1934 comply with this section to avoid undue hardship to such
1935 facilities. However, a permitted solid waste disposal unit that
1936 receives a significant amount of waste prior to the compliance
1937 deadline established in this schedule shall not be required to
1938 be retrofitted with liners or leachate control systems.
1939 (h) The department shall ensure that the requirements of
1940 this section are applied and interpreted consistently throughout
1941 this the state. In accordance with s. 20.255, The Division of
1942 Waste Management shall direct the district offices and bureaus
1943 on matters relating to the interpretation and applicability of
1944 this section.
1945 Section 26. Subsection (3) of section 403.7222, Florida
1946 Statutes, is amended to read:
1947 403.7222 Prohibition of hazardous waste landfills.—
1948 (3) This section does not prohibit the department from
1949 banning the disposal of hazardous waste in other types of waste
1950 management units in a manner consistent with federal
1951 requirements, except as provided under s. 403.804(2).
1952 Section 27. Subsection (4) of section 403.7234, Florida
1953 Statutes, is amended to read:
1954 403.7234 Small quantity generator notification and
1955 verification program.—
1956 (4) Within 30 days of receipt of a notification, which
1957 includes a survey form, a small quantity generator shall
1958 disclose its management practices and the types and quantities
1959 of waste to the county government. Annually, each county shall
1960 verify the management practices of at least 20 percent of its
1961 small quantity generators. The procedure for verification used
1962 by the county must shall be developed as part of the guidance
1963 established by the department under s. 403.7226. The department
1964 may also regulate the waste management practices of small
1965 quantity generators in order to ensure proper management of
1966 hazardous waste in a manner consistent with federal
1967 requirements, except as provided under s. 403.804(2).
1968 Section 28. Section 403.803, Florida Statutes, is amended
1969 to read:
1970 403.803 Definitions.—When used in this part act, the term,
1971 phrase, or word:
1972 (1) “Branch office” means a geographical area, the
1973 boundaries of which may be established as a part of a district.
1974 (2) “Canal” is a manmade trench, the bottom of which is
1975 normally covered by water with the upper edges of its sides
1976 normally above water.
1977 (3) “Channel” is a trench, the bottom of which is normally
1978 covered entirely by water, with the upper edges of its sides
1979 normally below water.
1980 (4) “Commission” means the Environmental Regulation
1981 Commission.
1982 (5) “Department” means the Department of Environmental
1983 Protection.
1984 (5)(6) “District” or “environmental district” means one of
1985 the geographical areas, the boundaries of which are established
1986 pursuant to this act.
1987 (6)(7) “Drainage ditch” or “irrigation ditch” is a manmade
1988 trench dug for the purpose of draining water from the land or
1989 for transporting water for use on the land and is not built for
1990 navigational purposes.
1991 (7)(8) “Environmental district center” means the facilities
1992 and personnel which are centralized in each district for the
1993 purposes of carrying out the provisions of this act.
1994 (8)(9) “Headquarters” means the physical location of the
1995 offices of the secretary and the division directors of the
1996 department.
1997 (9)(10) “Insect control impoundment dikes” means artificial
1998 structures, including earthen berms, constructed and used to
1999 impound waters for the purpose of insect control.
2000 (10)(11) “Manager” means the head of an environmental
2001 district or branch office who shall supervise all environmental
2002 functions of the department within such environmental district
2003 or branch office.
2004 (11)(12) “Secretary” means the Secretary of Environmental
2005 Protection.
2006 (12)(13) “Standard” means any rule of the Department of
2007 Environmental Protection relating to air and water quality,
2008 noise, solid-waste management, and electric and magnetic fields
2009 associated with electrical transmission and distribution lines
2010 and substation facilities. The term “standard” does not include
2011 rules of the department which relate exclusively to the internal
2012 management of the department, the procedural processing of
2013 applications, the administration of rulemaking or adjudicatory
2014 proceedings, the publication of notices, the conduct of
2015 hearings, or other procedural matters.
2016 (13)(14) “Swale” means a manmade trench which:
2017 (a) Has a top width-to-depth ratio of the cross-section
2018 equal to or greater than 6:1, or side slopes equal to or greater
2019 than 3 feet horizontal to 1 foot vertical;
2020 (b) Contains contiguous areas of standing or flowing water
2021 only following a rainfall event;
2022 (c) Is planted with or has stabilized vegetation suitable
2023 for soil stabilization, stormwater treatment, and nutrient
2024 uptake; and
2025 (d) Is designed to take into account the soil erodibility,
2026 soil percolation, slope, slope length, and drainage area so as
2027 to prevent erosion and reduce pollutant concentration of any
2028 discharge.
2029 Section 29. Subsections (1) and (3) of section 403.805,
2030 Florida Statutes, are amended to read:
2031 403.805 Secretary; powers and duties; review of specified
2032 rules.—
2033 (1) The secretary shall have the powers and duties of heads
2034 of departments set forth in chapter 20, including the authority
2035 to adopt rules pursuant to ss. 120.536(1) and 120.54 to
2036 implement this chapter and the provisions of chapters 161, 253,
2037 258, 260, 369, 373, 376, 377, 378, and 380 253, 373, and 376 and
2038 this chapter. The secretary shall have rulemaking responsibility
2039 under chapter 120, but shall submit any proposed rule containing
2040 standards to the Environmental Regulation Commission for
2041 approval, modification, or disapproval pursuant to s. 403.804,
2042 except for total maximum daily load calculations and allocations
2043 developed pursuant to s. 403.067(6). The secretary shall have
2044 responsibility for final agency action regarding total maximum
2045 daily load calculations and allocations developed pursuant to s.
2046 403.067(6). The secretary shall employ legal counsel to
2047 represent the department in matters affecting the department.
2048 Except for appeals on permits specifically assigned by this act
2049 to the Governor and Cabinet, and unless otherwise prohibited by
2050 law, the secretary may delegate the authority assigned to the
2051 department by this act to the assistant secretary, division
2052 directors, and district and branch office managers and to the
2053 water management districts.
2054 (3) After adoption of proposed rule 62-302.531(9), Florida
2055 Administrative Code, a nonseverability and effective date
2056 provision approved by the commission on December 8, 2011, in
2057 accordance with the commission’s legislative authority under s.
2058 403.804, notice of which was published by the department on
2059 December 22, 2011, in the Florida Administrative Register, Vol.
2060 37, No. 51, page 4446, any subsequent rule or amendment altering
2061 the effect of such rule must shall be submitted to the President
2062 of the Senate and the Speaker of the House of Representatives no
2063 later than 30 days before the next regular legislative session,
2064 and such amendment may not take effect until it is ratified by
2065 the Legislature.
2066 Section 30. Section 403.8055, Florida Statutes, is amended
2067 to read:
2068 403.8055 Department adoption of federal standards.
2069 Notwithstanding s. 120.54 ss. 120.54 and 403.804, the secretary
2070 is empowered to adopt rules substantively identical to
2071 regulations adopted in the Federal Register by the United States
2072 Environmental Protection Agency pursuant to federal law, in
2073 accordance with the following procedures:
2074 (1) The secretary shall publish notice of intent to adopt a
2075 rule pursuant to this section in the Florida Administrative
2076 Register at least 21 days before prior to filing the rule with
2077 the Department of State. The secretary shall mail a copy of the
2078 notice of intent to adopt a rule to the Administrative
2079 Procedures Committee at least 21 days before prior to the date
2080 of filing with the Department of State. Before Prior to filing
2081 the rule with the Department of State, the secretary shall
2082 consider any written comments received within 21 days after the
2083 date of publication of the notice of intent to adopt a rule. The
2084 rule must shall be adopted upon filing with the Department of
2085 State. Substantive changes from the rules as noticed shall
2086 require republishing of notice as required in this section.
2087 (2) Any rule adopted pursuant to this section becomes shall
2088 become effective upon the date designated in the rule by the
2089 secretary; however, no such a rule may not shall become
2090 effective earlier than the effective date of the substantively
2091 identical United States Environmental Protection Agency
2092 regulation.
2093 (3) The secretary shall stay any terms or conditions of a
2094 permit implementing department rules adopted pursuant to this
2095 section if the substantively identical provisions of a United
2096 States Environmental Protection Agency regulation have been
2097 stayed under federal judicial review. A stay issued pursuant to
2098 this subsection shall terminate upon completion of federal
2099 judicial review.
2100 (4) Any domestic for-profit or nonprofit corporation or
2101 association formed, in whole or in part:
2102 (a) To promote conservation or natural beauty;
2103 (b) To protect the environment, personal health, or other
2104 biological values;
2105 (c) To preserve historical sites;
2106 (d) To promote consumer interests;
2107 (e) To represent labor, commercial, or industrial groups;
2108 or
2109 (f) To promote orderly development;
2110
2111 and any other substantially affected person may, within 14 days
2112 after the date of publication of the notice of intent to adopt a
2113 rule, file an objection to rulemaking with the department
2114 Environmental Regulation Commission. The objection shall specify
2115 the portions of the proposed rule to which the person objects
2116 and the reasons for the objection. The secretary shall not have
2117 the authority under this section to adopt those portions of a
2118 proposed rule specified in such objection. Objections which are
2119 frivolous shall not be considered sufficient to prohibit the
2120 secretary from adopting rules under this section.
2121 (5) Whenever all or part of any rule proposed for adoption
2122 by the department is substantively identical to a regulation
2123 adopted in the Federal Register by the United States
2124 Environmental Protection Agency pursuant to federal law, such
2125 rule shall be written in a manner so that the rule specifically
2126 references such regulation whenever possible.
2127 Section 31. Subsection (1) of section 403.814, Florida
2128 Statutes, is amended to read:
2129 403.814 General permits; delegation.—
2130 (1) The secretary is authorized to adopt rules establishing
2131 and providing for a program of general permits under this
2132 chapter and chapter 253 and this chapter for projects, or
2133 categories of projects, which have, either singly or
2134 cumulatively, a minimal adverse environmental effect. Such rules
2135 must shall specify design or performance criteria that which, if
2136 applied, would result in compliance with appropriate standards
2137 adopted by the commission. Except as provided for in subsection
2138 (3), any person complying with the requirements of a general
2139 permit may use the permit 30 days after giving notice to the
2140 department without any agency action by the department.
2141 Section 32. Paragraph (a) of subsection (1) of section
2142 376.302, Florida Statutes, is amended to read:
2143 376.302 Prohibited acts; penalties.—
2144 (1) It shall be a violation of this chapter and it shall be
2145 prohibited for any reason:
2146 (a) To discharge pollutants or hazardous substances into or
2147 upon the surface or ground waters of the state or lands, which
2148 discharge violates any departmental “standard” as defined in s.
2149 403.803 s. 403.803(13).
2150 Section 33. Paragraph (b) of subsection (1) of section
2151 380.5105, Florida Statutes, is amended to read:
2152 380.5105 The Stan Mayfield Working Waterfronts; Florida
2153 Forever program.—
2154 (1) Notwithstanding any other provision of this chapter, it
2155 is the intent of the Legislature that the trust shall administer
2156 the working waterfronts land acquisition program as set forth in
2157 this section.
2158 (b) For projects that will require more than the grant
2159 amount awarded for completion, the applicant must identify in
2160 their project application funding sources that will provide the
2161 difference between the grant award and the estimated project
2162 completion cost. Such rules may be incorporated into those
2163 developed pursuant to s. 380.507(12) s. 380.507(11).
2164 Section 34. For the purpose of incorporating the amendment
2165 made by this act to section 381.0065, Florida Statutes, in a
2166 reference thereto, paragraph (k) of subsection (2) of section
2167 381.0066, Florida Statutes, is reenacted to read:
2168 381.0066 Onsite sewage treatment and disposal systems;
2169 fees.—
2170 (2) The minimum fees in the following fee schedule apply
2171 until changed by rule by the department within the following
2172 limits:
2173 (k) Research: An additional $5 fee shall be added to each
2174 new system construction permit issued to be used to fund onsite
2175 sewage treatment and disposal system research, demonstration,
2176 and training projects. Five dollars from any repair permit fee
2177 collected under this section shall be used for funding the
2178 hands-on training centers described in s. 381.0065(3)(j).
2179
2180 The funds collected pursuant to this subsection for the
2181 implementation of onsite sewage treatment and disposal system
2182 regulation and for the purposes of ss. 381.00655 and 381.0067,
2183 subsequent to any phased transfer of implementation from the
2184 Department of Health to the department within any county
2185 pursuant to s. 381.0065, must be deposited in the Florida Permit
2186 Fee Trust Fund under s. 403.0871, to be administered by the
2187 department.
2188 Section 35. For the purpose of incorporating the amendment
2189 made by this act to section 403.067, Florida Statutes, in a
2190 reference thereto, section 373.4595, Florida Statutes, is
2191 reenacted to read:
2192 373.4595 Northern Everglades and Estuaries Protection
2193 Program.—
2194 (1) FINDINGS AND INTENT.—
2195 (a) The Legislature finds that the Lake Okeechobee
2196 watershed, the Caloosahatchee River watershed, and the St. Lucie
2197 River watershed are critical water resources of the state,
2198 providing many economic, natural habitat, and biodiversity
2199 functions benefiting the public interest, including
2200 agricultural, public, and environmental water supply; flood
2201 control; fishing; navigation and recreation; and habitat to
2202 endangered and threatened species and other flora and fauna.
2203 (b) The Legislature finds that changes in land uses, the
2204 construction of the Central and Southern Florida Project, and
2205 the loss of surface water storage have resulted in adverse
2206 changes to the hydrology and water quality of Lake Okeechobee
2207 and the Caloosahatchee and St. Lucie Rivers and their estuaries.
2208 (c) The Legislature finds that improvement to the
2209 hydrology, water quality, and associated aquatic habitats within
2210 the Lake Okeechobee watershed, the Caloosahatchee River
2211 watershed, and the St. Lucie River watershed, is essential to
2212 the protection of the greater Everglades ecosystem.
2213 (d) The Legislature also finds that it is imperative for
2214 the state, local governments, and agricultural and environmental
2215 communities to commit to restoring and protecting the surface
2216 water resources of the Lake Okeechobee watershed, the
2217 Caloosahatchee River watershed, and the St. Lucie River
2218 watershed, and that a watershed-based approach to address these
2219 issues must be developed and implemented immediately.
2220 (e) The Legislature finds that phosphorus loads from the
2221 Lake Okeechobee watershed have contributed to excessive
2222 phosphorus levels throughout the Lake Okeechobee watershed and
2223 downstream receiving waters and that a reduction in levels of
2224 phosphorus will benefit the ecology of these systems. The
2225 excessive levels of phosphorus have also resulted in an
2226 accumulation of phosphorus in the sediments of Lake Okeechobee.
2227 If not removed, internal phosphorus loads from the sediments are
2228 expected to delay responses of the lake to external phosphorus
2229 reductions.
2230 (f) The Legislature finds that the Lake Okeechobee
2231 phosphorus loads set forth in the total maximum daily loads
2232 established in accordance with s. 403.067 represent an
2233 appropriate basis for restoration of the Lake Okeechobee
2234 watershed.
2235 (g) The Legislature finds that, in addition to phosphorus,
2236 other pollutants are contributing to water quality problems in
2237 the Lake Okeechobee watershed, the Caloosahatchee River
2238 watershed, and the St. Lucie River watershed, and that the total
2239 maximum daily load requirements of s. 403.067 provide a means of
2240 identifying and addressing these problems.
2241 (h) The Legislature finds that the expeditious
2242 implementation of the Lake Okeechobee Watershed Protection
2243 Program, the Caloosahatchee River Watershed Protection Program,
2244 and the St. Lucie River Watershed Protection Program is needed
2245 to improve the quality, quantity, timing, and distribution of
2246 water in the northern Everglades ecosystem and that this
2247 section, in conjunction with s. 403.067, including the
2248 implementation of the plans developed and approved pursuant to
2249 subsections (3) and (4), and any related basin management action
2250 plan developed and implemented pursuant to s. 403.067(7)(a),
2251 provide a reasonable means of achieving the total maximum daily
2252 load requirements and achieving and maintaining compliance with
2253 state water quality standards.
2254 (i) The Legislature finds that the implementation of the
2255 programs contained in this section is for the benefit of the
2256 public health, safety, and welfare and is in the public
2257 interest.
2258 (j) The Legislature finds that sufficient research has been
2259 conducted and sufficient plans developed to immediately expand
2260 and accelerate programs to address the hydrology and water
2261 quality in the Lake Okeechobee watershed, the Caloosahatchee
2262 River watershed, and the St. Lucie River watershed.
2263 (k) The Legislature finds that a continuing source of
2264 funding is needed to effectively implement the programs
2265 developed and approved under this section which are needed to
2266 address the hydrology and water quality problems within the Lake
2267 Okeechobee watershed, the Caloosahatchee River watershed, and
2268 the St. Lucie River watershed.
2269 (l) It is the intent of the Legislature to protect and
2270 restore surface water resources and achieve and maintain
2271 compliance with water quality standards in the Lake Okeechobee
2272 watershed, the Caloosahatchee River watershed, and the St. Lucie
2273 River watershed, and downstream receiving waters, through the
2274 phased, comprehensive, and innovative protection program set
2275 forth in this section which includes long-term solutions based
2276 upon the total maximum daily loads established in accordance
2277 with s. 403.067. This program shall be watershed-based, shall
2278 provide for consideration of all water quality issues needed to
2279 meet the total maximum daily load, and shall include research
2280 and monitoring, development and implementation of best
2281 management practices, refinement of existing regulations, and
2282 structural and nonstructural projects, including public works.
2283 (m) It is the intent of the Legislature that this section
2284 be implemented in coordination with the Comprehensive Everglades
2285 Restoration Plan project components and other federal programs
2286 in order to maximize opportunities for the most efficient and
2287 timely expenditures of public funds.
2288 (n) It is the intent of the Legislature that the
2289 coordinating agencies encourage and support the development of
2290 creative public-private partnerships and programs, including
2291 opportunities for water storage and quality improvement on
2292 private lands and water quality credit trading, to facilitate or
2293 further the restoration of the surface water resources of the
2294 Lake Okeechobee watershed, the Caloosahatchee River watershed,
2295 and the St. Lucie River watershed, consistent with s. 403.067.
2296 (2) DEFINITIONS.—As used in this section, the term:
2297 (a) “Best management practice” means a practice or
2298 combination of practices determined by the coordinating
2299 agencies, based on research, field-testing, and expert review,
2300 to be the most effective and practicable on-location means,
2301 including economic and technological considerations, for
2302 improving water quality in agricultural and urban discharges.
2303 Best management practices for agricultural discharges shall
2304 reflect a balance between water quality improvements and
2305 agricultural productivity.
2306 (b) “Biosolids” means the solid, semisolid, or liquid
2307 residue generated during the treatment of domestic wastewater in
2308 a domestic wastewater treatment facility, formerly known as
2309 “domestic wastewater residuals” or “residuals,” and includes
2310 products and treated material from biosolids treatment
2311 facilities and septage management facilities regulated by the
2312 department. The term does not include the treated effluent or
2313 reclaimed water from a domestic wastewater treatment facility,
2314 solids removed from pump stations and lift stations, screenings
2315 and grit removed from the preliminary treatment components of
2316 domestic wastewater treatment facilities, or ash generated
2317 during the incineration of biosolids.
2318 (c) “Caloosahatchee River watershed” means the
2319 Caloosahatchee River, its tributaries, its estuary, and the area
2320 within Charlotte, Glades, Hendry, and Lee Counties from which
2321 surface water flow is directed or drains, naturally or by
2322 constructed works, to the river, its tributaries, or its
2323 estuary.
2324 (d) “Coordinating agencies” means the Department of
2325 Agriculture and Consumer Services, the Department of
2326 Environmental Protection, and the South Florida Water Management
2327 District.
2328 (e) “Corps of Engineers” means the United States Army Corps
2329 of Engineers.
2330 (f) “Department” means the Department of Environmental
2331 Protection.
2332 (g) “District” means the South Florida Water Management
2333 District.
2334 (h) “Lake Okeechobee Watershed Construction Project” means
2335 the construction project developed pursuant to this section.
2336 (i) “Lake Okeechobee Watershed Protection Plan” means the
2337 Lake Okeechobee Watershed Construction Project and the Lake
2338 Okeechobee Watershed Research and Water Quality Monitoring
2339 Program.
2340 (j) “Lake Okeechobee watershed” means Lake Okeechobee, its
2341 tributaries, and the area within which surface water flow is
2342 directed or drains, naturally or by constructed works, to the
2343 lake or its tributaries.
2344 (k) “Northern Everglades” means the Lake Okeechobee
2345 watershed, the Caloosahatchee River watershed, and the St. Lucie
2346 River watershed.
2347 (l) “Project component” means any structural or operational
2348 change, resulting from the Restudy, to the Central and Southern
2349 Florida Project as it existed and was operated as of January 1,
2350 1999.
2351 (m) “Restudy” means the Comprehensive Review Study of the
2352 Central and Southern Florida Project, for which federal
2353 participation was authorized by the Federal Water Resources
2354 Development Acts of 1992 and 1996 together with related
2355 congressional resolutions and for which participation by the
2356 South Florida Water Management District is authorized by s.
2357 373.1501. The term includes all actions undertaken pursuant to
2358 the aforementioned authorizations which will result in
2359 recommendations for modifications or additions to the Central
2360 and Southern Florida Project.
2361 (n) “River Watershed Protection Plans” means the
2362 Caloosahatchee River Watershed Protection Plan and the St. Lucie
2363 River Watershed Protection Plan developed pursuant to this
2364 section.
2365 (o) “Soil amendment” means any substance or mixture of
2366 substances sold or offered for sale for soil enriching or
2367 corrective purposes, intended or claimed to be effective in
2368 promoting or stimulating plant growth, increasing soil or plant
2369 productivity, improving the quality of crops, or producing any
2370 chemical or physical change in the soil, except amendments,
2371 conditioners, additives, and related products that are derived
2372 solely from inorganic sources and that contain no recognized
2373 plant nutrients.
2374 (p) “St. Lucie River watershed” means the St. Lucie River,
2375 its tributaries, its estuary, and the area within Martin,
2376 Okeechobee, and St. Lucie Counties from which surface water flow
2377 is directed or drains, naturally or by constructed works, to the
2378 river, its tributaries, or its estuary.
2379 (q) “Total maximum daily load” means the sum of the
2380 individual wasteload allocations for point sources and the load
2381 allocations for nonpoint sources and natural background adopted
2382 pursuant to s. 403.067. Before determining individual wasteload
2383 allocations and load allocations, the maximum amount of a
2384 pollutant that a water body or water segment can assimilate from
2385 all sources without exceeding water quality standards must first
2386 be calculated.
2387 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake
2388 Okeechobee Watershed Protection Program shall consist of the
2389 Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee
2390 Basin Management Action Plan adopted pursuant to s. 403.067, the
2391 Lake Okeechobee Exotic Species Control Program, and the Lake
2392 Okeechobee Internal Phosphorus Management Program. The Lake
2393 Okeechobee Basin Management Action Plan adopted pursuant to s.
2394 403.067 shall be the component of the Lake Okeechobee Watershed
2395 Protection Program that achieves phosphorus load reductions for
2396 Lake Okeechobee. The Lake Okeechobee Watershed Protection
2397 Program shall address the reduction of phosphorus loading to the
2398 lake from both internal and external sources. Phosphorus load
2399 reductions shall be achieved through a phased program of
2400 implementation. In the development and administration of the
2401 Lake Okeechobee Watershed Protection Program, the coordinating
2402 agencies shall maximize opportunities provided by federal cost
2403 sharing programs and opportunities for partnerships with the
2404 private sector.
2405 (a) Lake Okeechobee Watershed Protection Plan.—To protect
2406 and restore surface water resources, the district, in
2407 cooperation with the other coordinating agencies, shall complete
2408 a Lake Okeechobee Watershed Protection Plan in accordance with
2409 this section and ss. 373.451-373.459. Beginning March 1, 2020,
2410 and every 5 years thereafter, the district shall update the Lake
2411 Okeechobee Watershed Protection Plan to ensure that it is
2412 consistent with the Lake Okeechobee Basin Management Action Plan
2413 adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
2414 Protection Plan shall identify the geographic extent of the
2415 watershed, be coordinated with the plans developed pursuant to
2416 paragraphs (4)(a) and (c), and include the Lake Okeechobee
2417 Watershed Construction Project and the Lake Okeechobee Watershed
2418 Research and Water Quality Monitoring Program. The plan shall
2419 consider and build upon a review and analysis of the performance
2420 of projects constructed during Phase I and Phase II of the Lake
2421 Okeechobee Watershed Construction Project, pursuant to
2422 subparagraph 1.; relevant information resulting from the Lake
2423 Okeechobee Basin Management Action Plan, pursuant to paragraph
2424 (b); relevant information resulting from the Lake Okeechobee
2425 Watershed Research and Water Quality Monitoring Program,
2426 pursuant to subparagraph 2.; relevant information resulting from
2427 the Lake Okeechobee Exotic Species Control Program, pursuant to
2428 paragraph (c); and relevant information resulting from the Lake
2429 Okeechobee Internal Phosphorus Management Program, pursuant to
2430 paragraph (d).
2431 1. Lake Okeechobee Watershed Construction Project.—To
2432 improve the hydrology and water quality of Lake Okeechobee and
2433 downstream receiving waters, including the Caloosahatchee and
2434 St. Lucie Rivers and their estuaries, the district, in
2435 cooperation with the other coordinating agencies, shall design
2436 and construct the Lake Okeechobee Watershed Construction
2437 Project. The project shall include:
2438 a. Phase I.—Phase I of the Lake Okeechobee Watershed
2439 Construction Project shall consist of a series of project
2440 features consistent with the recommendations of the South
2441 Florida Ecosystem Restoration Working Group’s Lake Okeechobee
2442 Action Plan. Priority basins for such projects include S-191, S
2443 154, and Pools D and E in the Lower Kissimmee River. To obtain
2444 phosphorus load reductions to Lake Okeechobee as soon as
2445 possible, the following actions shall be implemented:
2446 (I) The district shall serve as a full partner with the
2447 Corps of Engineers in the design and construction of the Grassy
2448 Island Ranch and New Palm Dairy stormwater treatment facilities
2449 as components of the Lake Okeechobee Water Retention/Phosphorus
2450 Removal Critical Project. The Corps of Engineers shall have the
2451 lead in design and construction of these facilities. Should
2452 delays be encountered in the implementation of either of these
2453 facilities, the district shall notify the department and
2454 recommend corrective actions.
2455 (II) The district shall obtain permits and complete
2456 construction of two of the isolated wetland restoration projects
2457 that are part of the Lake Okeechobee Water Retention/Phosphorus
2458 Removal Critical Project. The additional isolated wetland
2459 projects included in this critical project shall further reduce
2460 phosphorus loading to Lake Okeechobee.
2461 (III) The district shall work with the Corps of Engineers
2462 to expedite initiation of the design process for the Taylor
2463 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
2464 Area, a project component of the Comprehensive Everglades
2465 Restoration Plan. The district shall propose to the Corps of
2466 Engineers that the district take the lead in the design and
2467 construction of the Reservoir Assisted Stormwater Treatment Area
2468 and receive credit towards the local share of the total cost of
2469 the Comprehensive Everglades Restoration Plan.
2470 b. Phase II technical plan and construction.—The district,
2471 in cooperation with the other coordinating agencies, shall
2472 develop a detailed technical plan for Phase II of the Lake
2473 Okeechobee Watershed Construction Project which provides the
2474 basis for the Lake Okeechobee Basin Management Action Plan
2475 adopted by the department pursuant to s. 403.067. The detailed
2476 technical plan shall include measures for the improvement of the
2477 quality, quantity, timing, and distribution of water in the
2478 northern Everglades ecosystem, including the Lake Okeechobee
2479 watershed and the estuaries, and for facilitating the
2480 achievement of water quality standards. Use of cost-effective
2481 biologically based, hybrid wetland/chemical and other innovative
2482 nutrient control technologies shall be incorporated in the plan
2483 where appropriate. The detailed technical plan shall also
2484 include a Process Development and Engineering component to
2485 finalize the detail and design of Phase II projects and identify
2486 additional measures needed to increase the certainty that the
2487 overall objectives for improving water quality and quantity can
2488 be met. Based on information and recommendations from the
2489 Process Development and Engineering component, the Phase II
2490 detailed technical plan shall be periodically updated. Phase II
2491 shall include construction of additional facilities in the
2492 priority basins identified in sub-subparagraph a., as well as
2493 facilities for other basins in the Lake Okeechobee watershed.
2494 The technical plan shall:
2495 (I) Identify Lake Okeechobee Watershed Construction Project
2496 facilities designed to contribute to achieving all applicable
2497 total maximum daily loads established pursuant to s. 403.067
2498 within the Lake Okeechobee watershed.
2499 (II) Identify the size and location of all such Lake
2500 Okeechobee Watershed Construction Project facilities.
2501 (III) Provide a construction schedule for all such Lake
2502 Okeechobee Watershed Construction Project facilities, including
2503 the sequencing and specific timeframe for construction of each
2504 Lake Okeechobee Watershed Construction Project facility.
2505 (IV) Provide a schedule for the acquisition of lands or
2506 sufficient interests necessary to achieve the construction
2507 schedule.
2508 (V) Provide a detailed schedule of costs associated with
2509 the construction schedule.
2510 (VI) Identify, to the maximum extent practicable, impacts
2511 on wetlands and state-listed species expected to be associated
2512 with construction of such facilities, including potential
2513 alternatives to minimize and mitigate such impacts, as
2514 appropriate.
2515 (VII) Provide for additional measures, including voluntary
2516 water storage and quality improvements on private land, to
2517 increase water storage and reduce excess water levels in Lake
2518 Okeechobee and to reduce excess discharges to the estuaries.
2519 (VIII) Develop the appropriate water quantity storage goal
2520 to achieve the desired Lake Okeechobee range of lake levels and
2521 inflow volumes to the Caloosahatchee and St. Lucie estuaries
2522 while meeting the other water-related needs of the region,
2523 including water supply and flood protection.
2524 (IX) Provide for additional source controls needed to
2525 enhance performance of the Lake Okeechobee Watershed
2526 Construction Project facilities. Such additional source controls
2527 shall be incorporated into the Lake Okeechobee Basin Management
2528 Action Plan pursuant to paragraph (b).
2529 c. Evaluation.—Within 5 years after the adoption of the
2530 Lake Okeechobee Basin Management Action Plan pursuant to s.
2531 403.067 and every 5 years thereafter, the department, in
2532 cooperation with the other coordinating agencies, shall conduct
2533 an evaluation of the Lake Okeechobee Watershed Construction
2534 Project and identify any further load reductions necessary to
2535 achieve compliance with the Lake Okeechobee total maximum daily
2536 loads established pursuant to s. 403.067. The district shall
2537 identify modifications to facilities of the Lake Okeechobee
2538 Watershed Construction Project as appropriate to meet the total
2539 maximum daily loads. Modifications to the Lake Okeechobee
2540 Watershed Construction Project resulting from this evaluation
2541 shall be incorporated into the Lake Okeechobee Basin Management
2542 Action Plan and included in the applicable annual progress
2543 report submitted pursuant to subsection (6).
2544 d. Coordination and review.—To ensure the timely
2545 implementation of the Lake Okeechobee Watershed Construction
2546 Project, the design of project facilities shall be coordinated
2547 with the department and other interested parties, including
2548 affected local governments, to the maximum extent practicable.
2549 Lake Okeechobee Watershed Construction Project facilities shall
2550 be reviewed and commented upon by the department before the
2551 execution of a construction contract by the district for that
2552 facility.
2553 2. Lake Okeechobee Watershed Research and Water Quality
2554 Monitoring Program.—The coordinating agencies shall implement a
2555 Lake Okeechobee Watershed Research and Water Quality Monitoring
2556 Program. Results from the program shall be used by the
2557 department, in cooperation with the other coordinating agencies,
2558 to make modifications to the Lake Okeechobee Basin Management
2559 Action Plan adopted pursuant to s. 403.067, as appropriate. The
2560 program shall:
2561 a. Evaluate all available existing water quality data
2562 concerning total phosphorus in the Lake Okeechobee watershed,
2563 develop a water quality baseline to represent existing
2564 conditions for total phosphorus, monitor long-term ecological
2565 changes, including water quality for total phosphorus, and
2566 measure compliance with water quality standards for total
2567 phosphorus, including any applicable total maximum daily load
2568 for the Lake Okeechobee watershed as established pursuant to s.
2569 403.067. Beginning March 1, 2020, and every 5 years thereafter,
2570 the department shall reevaluate water quality and quantity data
2571 to ensure that the appropriate projects are being designated and
2572 incorporated into the Lake Okeechobee Basin Management Action
2573 Plan adopted pursuant to s. 403.067. The district shall
2574 implement a total phosphorus monitoring program at appropriate
2575 structures owned or operated by the district and within the Lake
2576 Okeechobee watershed.
2577 b. Develop a Lake Okeechobee water quality model that
2578 reasonably represents the phosphorus dynamics of Lake Okeechobee
2579 and incorporates an uncertainty analysis associated with model
2580 predictions.
2581 c. Determine the relative contribution of phosphorus from
2582 all identifiable sources and all primary and secondary land
2583 uses.
2584 d. Conduct an assessment of the sources of phosphorus from
2585 the Upper Kissimmee Chain of Lakes and Lake Istokpoga and their
2586 relative contribution to the water quality of Lake Okeechobee.
2587 The results of this assessment shall be used by the coordinating
2588 agencies as part of the Lake Okeechobee Basin Management Action
2589 Plan adopted pursuant to s. 403.067 to develop interim measures,
2590 best management practices, or regulations, as applicable.
2591 e. Assess current water management practices within the
2592 Lake Okeechobee watershed and develop recommendations for
2593 structural and operational improvements. Such recommendations
2594 shall balance water supply, flood control, estuarine salinity,
2595 maintenance of a healthy lake littoral zone, and water quality
2596 considerations.
2597 f. Evaluate the feasibility of alternative nutrient
2598 reduction technologies, including sediment traps, canal and
2599 ditch maintenance, fish production or other aquaculture,
2600 bioenergy conversion processes, and algal or other biological
2601 treatment technologies and include any alternative nutrient
2602 reduction technologies determined to be feasible in the Lake
2603 Okeechobee Basin Management Action Plan adopted pursuant to s.
2604 403.067.
2605 g. Conduct an assessment of the water volumes and timing
2606 from the Lake Okeechobee watershed and their relative
2607 contribution to the water level changes in Lake Okeechobee and
2608 to the timing and volume of water delivered to the estuaries.
2609 (b) Lake Okeechobee Basin Management Action Plan.—The Lake
2610 Okeechobee Basin Management Action Plan adopted pursuant to s.
2611 403.067 shall be the watershed phosphorus control component for
2612 Lake Okeechobee. The Lake Okeechobee Basin Management Action
2613 Plan shall be a multifaceted approach designed to achieve the
2614 total maximum daily load by improving the management of
2615 phosphorus sources within the Lake Okeechobee watershed through
2616 implementation of regulations and best management practices,
2617 continued development and continued implementation of improved
2618 best management practices, improvement and restoration of the
2619 hydrologic function of natural and managed systems, and use of
2620 alternative technologies for nutrient reduction. As provided in
2621 s. 403.067(7)(a)6., the Lake Okeechobee Basin Management Action
2622 Plan must include milestones for implementation and water
2623 quality improvement, and an associated water quality monitoring
2624 component sufficient to evaluate whether reasonable progress in
2625 pollutant load reductions is being achieved over time. An
2626 assessment of progress toward these milestones shall be
2627 conducted every 5 years and shall be provided to the Governor,
2628 the President of the Senate, and the Speaker of the House of
2629 Representatives. Revisions to the plan shall be made, as
2630 appropriate, as a result of each 5-year review. Revisions to the
2631 basin management action plan shall be made by the department in
2632 cooperation with the basin stakeholders. Revisions to best
2633 management practices or other measures must follow the
2634 procedures set forth in s. 403.067(7)(c)4. Revised basin
2635 management action plans must be adopted pursuant to s.
2636 403.067(7)(a)5. The department shall develop an implementation
2637 schedule establishing 5-year, 10-year, and 15-year measurable
2638 milestones and targets to achieve the total maximum daily load
2639 no more than 20 years after adoption of the plan. The initial
2640 implementation schedule shall be used to provide guidance for
2641 planning and funding purposes and is exempt from chapter 120.
2642 Upon the first 5-year review, the implementation schedule shall
2643 be adopted as part of the plan. If achieving the total maximum
2644 daily load within 20 years is not practicable, the
2645 implementation schedule must contain an explanation of the
2646 constraints that prevent achievement of the total maximum daily
2647 load within 20 years, an estimate of the time needed to achieve
2648 the total maximum daily load, and additional 5-year measurable
2649 milestones, as necessary. The coordinating agencies shall
2650 develop an interagency agreement pursuant to ss. 373.046 and
2651 373.406(5) which is consistent with the department taking the
2652 lead on water quality protection measures through the Lake
2653 Okeechobee Basin Management Action Plan adopted pursuant to s.
2654 403.067; the district taking the lead on hydrologic improvements
2655 pursuant to paragraph (a); and the Department of Agriculture and
2656 Consumer Services taking the lead on agricultural interim
2657 measures, best management practices, and other measures adopted
2658 pursuant to s. 403.067. The interagency agreement must specify
2659 how best management practices for nonagricultural nonpoint
2660 sources are developed and how all best management practices are
2661 implemented and verified consistent with s. 403.067 and this
2662 section and must address measures to be taken by the
2663 coordinating agencies during any best management practice
2664 reevaluation performed pursuant to subparagraphs 5. and 10. The
2665 department shall use best professional judgment in making the
2666 initial determination of best management practice effectiveness.
2667 The coordinating agencies may develop an intergovernmental
2668 agreement with local governments to implement nonagricultural
2669 nonpoint source best management practices within their
2670 respective geographic boundaries. The coordinating agencies
2671 shall facilitate the application of federal programs that offer
2672 opportunities for water quality treatment, including
2673 preservation, restoration, or creation of wetlands on
2674 agricultural lands.
2675 1. Agricultural nonpoint source best management practices,
2676 developed in accordance with s. 403.067 and designed to achieve
2677 the objectives of the Lake Okeechobee Watershed Protection
2678 Program as part of a phased approach of management strategies
2679 within the Lake Okeechobee Basin Management Action Plan, shall
2680 be implemented on an expedited basis.
2681 2. As provided in s. 403.067, the Department of Agriculture
2682 and Consumer Services, in consultation with the department, the
2683 district, and affected parties, shall initiate rule development
2684 for interim measures, best management practices, conservation
2685 plans, nutrient management plans, or other measures necessary
2686 for Lake Okeechobee watershed total maximum daily load
2687 reduction. The rule shall include thresholds for requiring
2688 conservation and nutrient management plans and criteria for the
2689 contents of such plans. Development of agricultural nonpoint
2690 source best management practices shall initially focus on those
2691 priority basins listed in sub-subparagraph (a)1.a. The
2692 Department of Agriculture and Consumer Services, in consultation
2693 with the department, the district, and affected parties, shall
2694 conduct an ongoing program for improvement of existing and
2695 development of new agricultural nonpoint source interim measures
2696 and best management practices. The Department of Agriculture and
2697 Consumer Services shall adopt such practices by rule. The
2698 Department of Agriculture and Consumer Services shall work with
2699 the University of Florida Institute of Food and Agriculture
2700 Sciences to review and, where appropriate, develop revised
2701 nutrient application rates for all agricultural soil amendments
2702 in the watershed.
2703 3. As provided in s. 403.067, where agricultural nonpoint
2704 source best management practices or interim measures have been
2705 adopted by rule of the Department of Agriculture and Consumer
2706 Services, the owner or operator of an agricultural nonpoint
2707 source addressed by such rule shall either implement interim
2708 measures or best management practices or demonstrate compliance
2709 with state water quality standards addressed by the Lake
2710 Okeechobee Basin Management Action Plan adopted pursuant to s.
2711 403.067 by conducting monitoring prescribed by the department or
2712 the district. Owners or operators of agricultural nonpoint
2713 sources who implement interim measures or best management
2714 practices adopted by rule of the Department of Agriculture and
2715 Consumer Services shall be subject to s. 403.067.
2716 4. The district or department shall conduct monitoring at
2717 representative sites to verify the effectiveness of agricultural
2718 nonpoint source best management practices.
2719 5. Where water quality problems are detected for
2720 agricultural nonpoint sources despite the appropriate
2721 implementation of adopted best management practices, a
2722 reevaluation of the best management practices shall be conducted
2723 pursuant to s. 403.067(7)(c)4. If the reevaluation determines
2724 that the best management practices or other measures require
2725 modification, the rule shall be revised to require
2726 implementation of the modified practice within a reasonable
2727 period as specified in the rule.
2728 6. As provided in s. 403.067, nonagricultural nonpoint
2729 source best management practices, developed in accordance with
2730 s. 403.067 and designed to achieve the objectives of the Lake
2731 Okeechobee Watershed Protection Program as part of a phased
2732 approach of management strategies within the Lake Okeechobee
2733 Basin Management Action Plan, shall be implemented on an
2734 expedited basis.
2735 7. The department and the district are directed to work
2736 with the University of Florida Institute of Food and
2737 Agricultural Sciences to develop appropriate nutrient
2738 application rates for all nonagricultural soil amendments in the
2739 watershed. As provided in s. 403.067, the department, in
2740 consultation with the district and affected parties, shall
2741 develop nonagricultural nonpoint source interim measures, best
2742 management practices, or other measures necessary for Lake
2743 Okeechobee watershed total maximum daily load reduction.
2744 Development of nonagricultural nonpoint source best management
2745 practices shall initially focus on those priority basins listed
2746 in sub-subparagraph (a)1.a. The department, the district, and
2747 affected parties shall conduct an ongoing program for
2748 improvement of existing and development of new interim measures
2749 and best management practices. The department or the district
2750 shall adopt such practices by rule.
2751 8. Where nonagricultural nonpoint source best management
2752 practices or interim measures have been developed by the
2753 department and adopted by the district, the owner or operator of
2754 a nonagricultural nonpoint source shall implement interim
2755 measures or best management practices and be subject to s.
2756 403.067.
2757 9. As provided in s. 403.067, the district or the
2758 department shall conduct monitoring at representative sites to
2759 verify the effectiveness of nonagricultural nonpoint source best
2760 management practices.
2761 10. Where water quality problems are detected for
2762 nonagricultural nonpoint sources despite the appropriate
2763 implementation of adopted best management practices, a
2764 reevaluation of the best management practices shall be conducted
2765 pursuant to s. 403.067(7)(c)4. If the reevaluation determines
2766 that the best management practices or other measures require
2767 modification, the rule shall be revised to require
2768 implementation of the modified practice within a reasonable time
2769 period as specified in the rule.
2770 11. Subparagraphs 2. and 7. do not preclude the department
2771 or the district from requiring compliance with water quality
2772 standards or with current best management practices requirements
2773 set forth in any applicable regulatory program authorized by law
2774 for the purpose of protecting water quality. Subparagraphs 2.
2775 and 7. are applicable only to the extent that they do not
2776 conflict with any rules adopted by the department that are
2777 necessary to maintain a federally delegated or approved program.
2778 12. The program of agricultural best management practices
2779 set forth in the Everglades Program of the district meets the
2780 requirements of this paragraph and s. 403.067(7) for the Lake
2781 Okeechobee watershed. An entity in compliance with the best
2782 management practices set forth in the Everglades Program of the
2783 district may elect to use that permit in lieu of the
2784 requirements of this paragraph. The provisions of subparagraph
2785 5. apply to this subparagraph. This subparagraph does not alter
2786 any requirement of s. 373.4592.
2787 13. The Department of Agriculture and Consumer Services, in
2788 cooperation with the department and the district, shall provide
2789 technical and financial assistance for implementation of
2790 agricultural best management practices, subject to the
2791 availability of funds. The department and district shall provide
2792 technical and financial assistance for implementation of
2793 nonagricultural nonpoint source best management practices,
2794 subject to the availability of funds.
2795 14. Projects that reduce the phosphorus load originating
2796 from domestic wastewater systems within the Lake Okeechobee
2797 watershed shall be given funding priority in the department’s
2798 revolving loan program under s. 403.1835. The department shall
2799 coordinate and provide assistance to those local governments
2800 seeking financial assistance for such priority projects.
2801 15. Projects that make use of private lands, or lands held
2802 in trust for Indian tribes, to reduce nutrient loadings or
2803 concentrations within a basin by one or more of the following
2804 methods: restoring the natural hydrology of the basin, restoring
2805 wildlife habitat or impacted wetlands, reducing peak flows after
2806 storm events, increasing aquifer recharge, or protecting range
2807 and timberland from conversion to development, are eligible for
2808 grants available under this section from the coordinating
2809 agencies. For projects of otherwise equal priority, special
2810 funding priority will be given to those projects that make best
2811 use of the methods outlined above that involve public-private
2812 partnerships or that obtain federal match money. Preference
2813 ranking above the special funding priority will be given to
2814 projects located in a rural area of opportunity designated by
2815 the Governor. Grant applications may be submitted by any person
2816 or tribal entity, and eligible projects may include, but are not
2817 limited to, the purchase of conservation and flowage easements,
2818 hydrologic restoration of wetlands, creating treatment wetlands,
2819 development of a management plan for natural resources, and
2820 financial support to implement a management plan.
2821 16. The department shall require all entities disposing of
2822 domestic wastewater biosolids within the Lake Okeechobee
2823 watershed and the remaining areas of Okeechobee, Glades, and
2824 Hendry Counties to develop and submit to the department an
2825 agricultural use plan that limits applications based upon
2826 phosphorus loading consistent with the Lake Okeechobee Basin
2827 Management Action Plan adopted pursuant to s. 403.067. The
2828 department may not authorize the disposal of domestic wastewater
2829 biosolids within the Lake Okeechobee watershed unless the
2830 applicant can affirmatively demonstrate that the phosphorus in
2831 the biosolids will not add to phosphorus loadings in Lake
2832 Okeechobee or its tributaries. This demonstration shall be based
2833 on achieving a net balance between phosphorus imports relative
2834 to exports on the permitted application site. Exports shall
2835 include only phosphorus removed from the Lake Okeechobee
2836 watershed through products generated on the permitted
2837 application site. This prohibition does not apply to Class AA
2838 biosolids that are marketed and distributed as fertilizer
2839 products in accordance with department rule.
2840 17. Private and government-owned utilities within Monroe,
2841 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
2842 River, Okeechobee, Highlands, Hendry, and Glades Counties that
2843 dispose of wastewater biosolids sludge from utility operations
2844 and septic removal by land spreading in the Lake Okeechobee
2845 watershed may use a line item on local sewer rates to cover
2846 wastewater biosolids treatment and disposal if such disposal and
2847 treatment is done by approved alternative treatment methodology
2848 at a facility located within the areas designated by the
2849 Governor as rural areas of opportunity pursuant to s. 288.0656.
2850 This additional line item is an environmental protection
2851 disposal fee above the present sewer rate and may not be
2852 considered a part of the present sewer rate to customers,
2853 notwithstanding provisions to the contrary in chapter 367. The
2854 fee shall be established by the county commission or its
2855 designated assignee in the county in which the alternative
2856 method treatment facility is located. The fee shall be
2857 calculated to be no higher than that necessary to recover the
2858 facility’s prudent cost of providing the service. Upon request
2859 by an affected county commission, the Florida Public Service
2860 Commission will provide assistance in establishing the fee.
2861 Further, for utilities and utility authorities that use the
2862 additional line item environmental protection disposal fee, such
2863 fee may not be considered a rate increase under the rules of the
2864 Public Service Commission and shall be exempt from such rules.
2865 Utilities using this section may immediately include in their
2866 sewer invoicing the new environmental protection disposal fee.
2867 Proceeds from this environmental protection disposal fee shall
2868 be used for treatment and disposal of wastewater biosolids,
2869 including any treatment technology that helps reduce the volume
2870 of biosolids that require final disposal, but such proceeds may
2871 not be used for transportation or shipment costs for disposal or
2872 any costs relating to the land application of biosolids in the
2873 Lake Okeechobee watershed.
2874 18. No less frequently than once every 3 years, the Florida
2875 Public Service Commission or the county commission through the
2876 services of an independent auditor shall perform a financial
2877 audit of all facilities receiving compensation from an
2878 environmental protection disposal fee. The Florida Public
2879 Service Commission or the county commission through the services
2880 of an independent auditor shall also perform an audit of the
2881 methodology used in establishing the environmental protection
2882 disposal fee. The Florida Public Service Commission or the
2883 county commission shall, within 120 days after completion of an
2884 audit, file the audit report with the President of the Senate
2885 and the Speaker of the House of Representatives and shall
2886 provide copies to the county commissions of the counties set
2887 forth in subparagraph 17. The books and records of any
2888 facilities receiving compensation from an environmental
2889 protection disposal fee shall be open to the Florida Public
2890 Service Commission and the Auditor General for review upon
2891 request.
2892 19. The Department of Health shall require all entities
2893 disposing of septage within the Lake Okeechobee watershed to
2894 develop and submit to that agency an agricultural use plan that
2895 limits applications based upon phosphorus loading consistent
2896 with the Lake Okeechobee Basin Management Action Plan adopted
2897 pursuant to s. 403.067.
2898 20. The Department of Agriculture and Consumer Services
2899 shall initiate rulemaking requiring entities within the Lake
2900 Okeechobee watershed which land-apply animal manure to develop
2901 resource management system level conservation plans, according
2902 to United States Department of Agriculture criteria, which limit
2903 such application. Such rules must include criteria and
2904 thresholds for the requirement to develop a conservation or
2905 nutrient management plan, requirements for plan approval, site
2906 inspection requirements, and recordkeeping requirements.
2907 21. The district shall revise chapter 40E-61, Florida
2908 Administrative Code, to be consistent with this section and s.
2909 403.067; provide for a monitoring program for nonpoint source
2910 dischargers required to monitor water quality by s. 403.067; and
2911 provide for the results of such monitoring to be reported to the
2912 coordinating agencies.
2913 (c) Lake Okeechobee Exotic Species Control Program.—The
2914 coordinating agencies shall identify the exotic species that
2915 threaten the native flora and fauna within the Lake Okeechobee
2916 watershed and develop and implement measures to protect the
2917 native flora and fauna.
2918 (d) Lake Okeechobee Internal Phosphorus Management
2919 Program.—The district, in cooperation with the other
2920 coordinating agencies and interested parties, shall evaluate the
2921 feasibility of Lake Okeechobee internal phosphorus load removal
2922 projects. The evaluation shall be based on technical
2923 feasibility, as well as economic considerations, and shall
2924 consider all reasonable methods of phosphorus removal. If
2925 projects are found to be feasible, the district shall
2926 immediately pursue the design, funding, and permitting for
2927 implementing such projects.
2928 (e) Lake Okeechobee Watershed Protection Program
2929 implementation.—The coordinating agencies shall be jointly
2930 responsible for implementing the Lake Okeechobee Watershed
2931 Protection Program, consistent with the statutory authority and
2932 responsibility of each agency. Annual funding priorities shall
2933 be jointly established, and the highest priority shall be
2934 assigned to programs and projects that address sources that have
2935 the highest relative contribution to loading and the greatest
2936 potential for reductions needed to meet the total maximum daily
2937 loads. In determining funding priorities, the coordinating
2938 agencies shall also consider the need for regulatory compliance,
2939 the extent to which the program or project is ready to proceed,
2940 and the availability of federal matching funds or other nonstate
2941 funding, including public-private partnerships. Federal and
2942 other nonstate funding shall be maximized to the greatest extent
2943 practicable.
2944 (f) Priorities and implementation schedules.—The
2945 coordinating agencies are authorized and directed to establish
2946 priorities and implementation schedules for the achievement of
2947 total maximum daily loads, compliance with the requirements of
2948 s. 403.067, and compliance with applicable water quality
2949 standards within the waters and watersheds subject to this
2950 section.
2951 (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
2952 ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
2953 program shall be developed and implemented as specified in this
2954 subsection. To protect and restore surface water resources, the
2955 program shall address the reduction of pollutant loadings,
2956 restoration of natural hydrology, and compliance with applicable
2957 state water quality standards. The program shall be achieved
2958 through a phased program of implementation. In addition,
2959 pollutant load reductions based upon adopted total maximum daily
2960 loads established in accordance with s. 403.067 shall serve as a
2961 program objective. In the development and administration of the
2962 program, the coordinating agencies shall maximize opportunities
2963 provided by federal and local government cost-sharing programs
2964 and opportunities for partnerships with the private sector and
2965 local government. The program shall include a goal for salinity
2966 envelopes and freshwater inflow targets for the estuaries based
2967 upon existing research and documentation. The goal may be
2968 revised as new information is available. This goal shall seek to
2969 reduce the frequency and duration of undesirable salinity ranges
2970 while meeting the other water-related needs of the region,
2971 including water supply and flood protection, while recognizing
2972 the extent to which water inflows are within the control and
2973 jurisdiction of the district.
2974 (a) Caloosahatchee River Watershed Protection Plan.—The
2975 district, in cooperation with the other coordinating agencies,
2976 Lee County, and affected counties and municipalities, shall
2977 complete a River Watershed Protection Plan in accordance with
2978 this subsection. The Caloosahatchee River Watershed Protection
2979 Plan shall identify the geographic extent of the watershed, be
2980 coordinated as needed with the plans developed pursuant to
2981 paragraph (3)(a) and paragraph (c) of this subsection, and
2982 include the Caloosahatchee River Watershed Construction Project
2983 and the Caloosahatchee River Watershed Research and Water
2984 Quality Monitoring Program.
2985 1. Caloosahatchee River Watershed Construction Project.—To
2986 improve the hydrology, water quality, and aquatic habitats
2987 within the watershed, the district shall, no later than January
2988 1, 2012, plan, design, and construct the initial phase of the
2989 Watershed Construction Project. In doing so, the district shall:
2990 a. Develop and designate the facilities to be constructed
2991 to achieve stated goals and objectives of the Caloosahatchee
2992 River Watershed Protection Plan.
2993 b. Conduct scientific studies that are necessary to support
2994 the design of the Caloosahatchee River Watershed Construction
2995 Project facilities.
2996 c. Identify the size and location of all such facilities.
2997 d. Provide a construction schedule for all such facilities,
2998 including the sequencing and specific timeframe for construction
2999 of each facility.
3000 e. Provide a schedule for the acquisition of lands or
3001 sufficient interests necessary to achieve the construction
3002 schedule.
3003 f. Provide a schedule of costs and benefits associated with
3004 each construction project and identify funding sources.
3005 g. To ensure timely implementation, coordinate the design,
3006 scheduling, and sequencing of project facilities with the
3007 coordinating agencies, Lee County, other affected counties and
3008 municipalities, and other affected parties.
3009 2. Caloosahatchee River Watershed Research and Water
3010 Quality Monitoring Program.—The district, in cooperation with
3011 the other coordinating agencies and local governments, shall
3012 implement a Caloosahatchee River Watershed Research and Water
3013 Quality Monitoring Program that builds upon the district’s
3014 existing research program and that is sufficient to carry out,
3015 comply with, or assess the plans, programs, and other
3016 responsibilities created by this subsection. The program shall
3017 also conduct an assessment of the water volumes and timing from
3018 Lake Okeechobee and the Caloosahatchee River watershed and their
3019 relative contributions to the timing and volume of water
3020 delivered to the estuary.
3021 (b) Caloosahatchee River Watershed Basin Management Action
3022 Plans.—The basin management action plans adopted pursuant to s.
3023 403.067 for the Caloosahatchee River watershed shall be the
3024 Caloosahatchee River Watershed Pollutant Control Program. The
3025 plans shall be designed to be a multifaceted approach to
3026 reducing pollutant loads by improving the management of
3027 pollutant sources within the Caloosahatchee River watershed
3028 through implementation of regulations and best management
3029 practices, development and implementation of improved best
3030 management practices, improvement and restoration of the
3031 hydrologic function of natural and managed systems, and
3032 utilization of alternative technologies for pollutant reduction,
3033 such as cost-effective biologically based, hybrid
3034 wetland/chemical and other innovative nutrient control
3035 technologies. As provided in s. 403.067(7)(a)6., the
3036 Caloosahatchee River Watershed Basin Management Action Plans
3037 must include milestones for implementation and water quality
3038 improvement, and an associated water quality monitoring
3039 component sufficient to evaluate whether reasonable progress in
3040 pollutant load reductions is being achieved over time. An
3041 assessment of progress toward these milestones shall be
3042 conducted every 5 years and shall be provided to the Governor,
3043 the President of the Senate, and the Speaker of the House of
3044 Representatives. Revisions to the plans shall be made, as
3045 appropriate, as a result of each 5-year review. Revisions to the
3046 basin management action plans shall be made by the department in
3047 cooperation with the basin stakeholders. Revisions to best
3048 management practices or other measures must follow the
3049 procedures set forth in s. 403.067(7)(c)4. Revised basin
3050 management action plans must be adopted pursuant to s.
3051 403.067(7)(a)5. The department shall develop an implementation
3052 schedule establishing 5-year, 10-year, and 15-year measurable
3053 milestones and targets to achieve the total maximum daily load
3054 no more than 20 years after adoption of the plan. The initial
3055 implementation schedule shall be used to provide guidance for
3056 planning and funding purposes and is exempt from chapter 120.
3057 Upon the first 5-year review, the implementation schedule shall
3058 be adopted as part of the plans. If achieving the total maximum
3059 daily load within 20 years is not practicable, the
3060 implementation schedule must contain an explanation of the
3061 constraints that prevent achievement of the total maximum daily
3062 load within 20 years, an estimate of the time needed to achieve
3063 the total maximum daily load, and additional 5-year measurable
3064 milestones, as necessary. The coordinating agencies shall
3065 facilitate the use of federal programs that offer opportunities
3066 for water quality treatment, including preservation,
3067 restoration, or creation of wetlands on agricultural lands.
3068 1. Nonpoint source best management practices consistent
3069 with s. 403.067, designed to achieve the objectives of the
3070 Caloosahatchee River Watershed Protection Program, shall be
3071 implemented on an expedited basis. The coordinating agencies may
3072 develop an intergovernmental agreement with local governments to
3073 implement the nonagricultural, nonpoint source best management
3074 practices within their respective geographic boundaries.
3075 2. This subsection does not preclude the department or the
3076 district from requiring compliance with water quality standards,
3077 adopted total maximum daily loads, or current best management
3078 practices requirements set forth in any applicable regulatory
3079 program authorized by law for the purpose of protecting water
3080 quality. This subsection applies only to the extent that it does
3081 not conflict with any rules adopted by the department or
3082 district which are necessary to maintain a federally delegated
3083 or approved program.
3084 3. Projects that make use of private lands, or lands held
3085 in trust for Indian tribes, to reduce pollutant loadings or
3086 concentrations within a basin, or that reduce the volume of
3087 harmful discharges by one or more of the following methods:
3088 restoring the natural hydrology of the basin, restoring wildlife
3089 habitat or impacted wetlands, reducing peak flows after storm
3090 events, or increasing aquifer recharge, are eligible for grants
3091 available under this section from the coordinating agencies.
3092 4. The Caloosahatchee River Watershed Basin Management
3093 Action Plans shall require assessment of current water
3094 management practices within the watershed and shall require
3095 development of recommendations for structural, nonstructural,
3096 and operational improvements. Such recommendations shall
3097 consider and balance water supply, flood control, estuarine
3098 salinity, aquatic habitat, and water quality considerations.
3099 5. The department may not authorize the disposal of
3100 domestic wastewater biosolids within the Caloosahatchee River
3101 watershed unless the applicant can affirmatively demonstrate
3102 that the nutrients in the biosolids will not add to nutrient
3103 loadings in the watershed. This demonstration shall be based on
3104 achieving a net balance between nutrient imports relative to
3105 exports on the permitted application site. Exports shall include
3106 only nutrients removed from the watershed through products
3107 generated on the permitted application site. This prohibition
3108 does not apply to Class AA biosolids that are marketed and
3109 distributed as fertilizer products in accordance with department
3110 rule.
3111 6. The Department of Health shall require all entities
3112 disposing of septage within the Caloosahatchee River watershed
3113 to develop and submit to that agency an agricultural use plan
3114 that limits applications based upon nutrient loading consistent
3115 with any basin management action plan adopted pursuant to s.
3116 403.067.
3117 7. The Department of Agriculture and Consumer Services
3118 shall require entities within the Caloosahatchee River watershed
3119 which land-apply animal manure to develop a resource management
3120 system level conservation plan, according to United States
3121 Department of Agriculture criteria, which limit such
3122 application. Such rules shall include criteria and thresholds
3123 for the requirement to develop a conservation or nutrient
3124 management plan, requirements for plan approval, site inspection
3125 requirements, and recordkeeping requirements.
3126 8. The district shall initiate rulemaking to provide for a
3127 monitoring program for nonpoint source dischargers required to
3128 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.
3129 The results of such monitoring must be reported to the
3130 coordinating agencies.
3131 (c) St. Lucie River Watershed Protection Plan.—The
3132 district, in cooperation with the other coordinating agencies,
3133 Martin County, and affected counties and municipalities shall
3134 complete a plan in accordance with this subsection. The St.
3135 Lucie River Watershed Protection Plan shall identify the
3136 geographic extent of the watershed, be coordinated as needed
3137 with the plans developed pursuant to paragraph (3)(a) and
3138 paragraph (a) of this subsection, and include the St. Lucie
3139 River Watershed Construction Project and St. Lucie River
3140 Watershed Research and Water Quality Monitoring Program.
3141 1. St. Lucie River Watershed Construction Project.—To
3142 improve the hydrology, water quality, and aquatic habitats
3143 within the watershed, the district shall, no later than January
3144 1, 2012, plan, design, and construct the initial phase of the
3145 Watershed Construction Project. In doing so, the district shall:
3146 a. Develop and designate the facilities to be constructed
3147 to achieve stated goals and objectives of the St. Lucie River
3148 Watershed Protection Plan.
3149 b. Identify the size and location of all such facilities.
3150 c. Provide a construction schedule for all such facilities,
3151 including the sequencing and specific timeframe for construction
3152 of each facility.
3153 d. Provide a schedule for the acquisition of lands or
3154 sufficient interests necessary to achieve the construction
3155 schedule.
3156 e. Provide a schedule of costs and benefits associated with
3157 each construction project and identify funding sources.
3158 f. To ensure timely implementation, coordinate the design,
3159 scheduling, and sequencing of project facilities with the
3160 coordinating agencies, Martin County, St. Lucie County, other
3161 interested parties, and other affected local governments.
3162 2. St. Lucie River Watershed Research and Water Quality
3163 Monitoring Program.—The district, in cooperation with the other
3164 coordinating agencies and local governments, shall establish a
3165 St. Lucie River Watershed Research and Water Quality Monitoring
3166 Program that builds upon the district’s existing research
3167 program and that is sufficient to carry out, comply with, or
3168 assess the plans, programs, and other responsibilities created
3169 by this subsection. The district shall also conduct an
3170 assessment of the water volumes and timing from Lake Okeechobee
3171 and the St. Lucie River watershed and their relative
3172 contributions to the timing and volume of water delivered to the
3173 estuary.
3174 (d) St. Lucie River Watershed Basin Management Action
3175 Plan.—The basin management action plan for the St. Lucie River
3176 watershed adopted pursuant to s. 403.067 shall be the St. Lucie
3177 River Watershed Pollutant Control Program and shall be designed
3178 to be a multifaceted approach to reducing pollutant loads by
3179 improving the management of pollutant sources within the St.
3180 Lucie River watershed through implementation of regulations and
3181 best management practices, development and implementation of
3182 improved best management practices, improvement and restoration
3183 of the hydrologic function of natural and managed systems, and
3184 use of alternative technologies for pollutant reduction, such as
3185 cost-effective biologically based, hybrid wetland/chemical and
3186 other innovative nutrient control technologies. As provided in
3187 s. 403.067(7)(a)6., the St. Lucie River Watershed Basin
3188 Management Action Plan must include milestones for
3189 implementation and water quality improvement, and an associated
3190 water quality monitoring component sufficient to evaluate
3191 whether reasonable progress in pollutant load reductions is
3192 being achieved over time. An assessment of progress toward these
3193 milestones shall be conducted every 5 years and shall be
3194 provided to the Governor, the President of the Senate, and the
3195 Speaker of the House of Representatives. Revisions to the plan
3196 shall be made, as appropriate, as a result of each 5-year
3197 review. Revisions to the basin management action plan shall be
3198 made by the department in cooperation with the basin
3199 stakeholders. Revisions to best management practices or other
3200 measures must follow the procedures set forth in s.
3201 403.067(7)(c)4. Revised basin management action plans must be
3202 adopted pursuant to s. 403.067(7)(a)5. The department shall
3203 develop an implementation schedule establishing 5-year, 10-year,
3204 and 15-year measurable milestones and targets to achieve the
3205 total maximum daily load no more than 20 years after adoption of
3206 the plan. The initial implementation schedule shall be used to
3207 provide guidance for planning and funding purposes and is exempt
3208 from chapter 120. Upon the first 5-year review, the
3209 implementation schedule shall be adopted as part of the plan. If
3210 achieving the total maximum daily load within 20 years is not
3211 practicable, the implementation schedule must contain an
3212 explanation of the constraints that prevent achievement of the
3213 total maximum daily load within 20 years, an estimate of the
3214 time needed to achieve the total maximum daily load, and
3215 additional 5-year measurable milestones, as necessary. The
3216 coordinating agencies shall facilitate the use of federal
3217 programs that offer opportunities for water quality treatment,
3218 including preservation, restoration, or creation of wetlands on
3219 agricultural lands.
3220 1. Nonpoint source best management practices consistent
3221 with s. 403.067, designed to achieve the objectives of the St.
3222 Lucie River Watershed Protection Program, shall be implemented
3223 on an expedited basis. The coordinating agencies may develop an
3224 intergovernmental agreement with local governments to implement
3225 the nonagricultural nonpoint source best management practices
3226 within their respective geographic boundaries.
3227 2. This subsection does not preclude the department or the
3228 district from requiring compliance with water quality standards,
3229 adopted total maximum daily loads, or current best management
3230 practices requirements set forth in any applicable regulatory
3231 program authorized by law for the purpose of protecting water
3232 quality. This subsection applies only to the extent that it does
3233 not conflict with any rules adopted by the department or
3234 district which are necessary to maintain a federally delegated
3235 or approved program.
3236 3. Projects that make use of private lands, or lands held
3237 in trust for Indian tribes, to reduce pollutant loadings or
3238 concentrations within a basin, or that reduce the volume of
3239 harmful discharges by one or more of the following methods:
3240 restoring the natural hydrology of the basin, restoring wildlife
3241 habitat or impacted wetlands, reducing peak flows after storm
3242 events, or increasing aquifer recharge, are eligible for grants
3243 available under this section from the coordinating agencies.
3244 4. The St. Lucie River Watershed Basin Management Action
3245 Plan shall require assessment of current water management
3246 practices within the watershed and shall require development of
3247 recommendations for structural, nonstructural, and operational
3248 improvements. Such recommendations shall consider and balance
3249 water supply, flood control, estuarine salinity, aquatic
3250 habitat, and water quality considerations.
3251 5. The department may not authorize the disposal of
3252 domestic wastewater biosolids within the St. Lucie River
3253 watershed unless the applicant can affirmatively demonstrate
3254 that the nutrients in the biosolids will not add to nutrient
3255 loadings in the watershed. This demonstration shall be based on
3256 achieving a net balance between nutrient imports relative to
3257 exports on the permitted application site. Exports shall include
3258 only nutrients removed from the St. Lucie River watershed
3259 through products generated on the permitted application site.
3260 This prohibition does not apply to Class AA biosolids that are
3261 marketed and distributed as fertilizer products in accordance
3262 with department rule.
3263 6. The Department of Health shall require all entities
3264 disposing of septage within the St. Lucie River watershed to
3265 develop and submit to that agency an agricultural use plan that
3266 limits applications based upon nutrient loading consistent with
3267 any basin management action plan adopted pursuant to s. 403.067.
3268 7. The Department of Agriculture and Consumer Services
3269 shall initiate rulemaking requiring entities within the St.
3270 Lucie River watershed which land-apply animal manure to develop
3271 a resource management system level conservation plan, according
3272 to United States Department of Agriculture criteria, which limit
3273 such application. Such rules shall include criteria and
3274 thresholds for the requirement to develop a conservation or
3275 nutrient management plan, requirements for plan approval, site
3276 inspection requirements, and recordkeeping requirements.
3277 8. The district shall initiate rulemaking to provide for a
3278 monitoring program for nonpoint source dischargers required to
3279 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.
3280 The results of such monitoring must be reported to the
3281 coordinating agencies.
3282 (e) River Watershed Protection Plan implementation.—The
3283 coordinating agencies shall be jointly responsible for
3284 implementing the River Watershed Protection Plans, consistent
3285 with the statutory authority and responsibility of each agency.
3286 Annual funding priorities shall be jointly established, and the
3287 highest priority shall be assigned to programs and projects that
3288 have the greatest potential for achieving the goals and
3289 objectives of the plans. In determining funding priorities, the
3290 coordinating agencies shall also consider the need for
3291 regulatory compliance, the extent to which the program or
3292 project is ready to proceed, and the availability of federal or
3293 local government matching funds. Federal and other nonstate
3294 funding shall be maximized to the greatest extent practicable.
3295 (f) Evaluation.—Beginning March 1, 2020, and every 5 years
3296 thereafter, concurrent with the updates of the basin management
3297 action plans adopted pursuant to s. 403.067, the department, in
3298 cooperation with the other coordinating agencies, shall conduct
3299 an evaluation of any pollutant load reduction goals, as well as
3300 any other specific objectives and goals, as stated in the River
3301 Watershed Protection Programs. The district shall identify
3302 modifications to facilities of the River Watershed Construction
3303 Projects, as appropriate, or any other elements of the River
3304 Watershed Protection Programs. The evaluation shall be included
3305 in the annual progress report submitted pursuant to this
3306 section.
3307 (g) Priorities and implementation schedules.—The
3308 coordinating agencies are authorized and directed to establish
3309 priorities and implementation schedules for the achievement of
3310 total maximum daily loads, the requirements of s. 403.067, and
3311 compliance with applicable water quality standards within the
3312 waters and watersheds subject to this section.
3313 (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
3314 LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The
3315 department is directed to expedite development and adoption of
3316 total maximum daily loads for the Caloosahatchee River and
3317 estuary. The department is further directed to propose for final
3318 agency action total maximum daily loads for nutrients in the
3319 tidal portions of the Caloosahatchee River and estuary. The
3320 department shall initiate development of basin management action
3321 plans for Lake Okeechobee, the Caloosahatchee River watershed
3322 and estuary, and the St. Lucie River watershed and estuary as
3323 provided in s. 403.067 as follows:
3324 (a) Basin management action plans shall be developed as
3325 soon as practicable as determined necessary by the department to
3326 achieve the total maximum daily loads established for the Lake
3327 Okeechobee watershed and the estuaries.
3328 (b) The Phase II technical plan development pursuant to
3329 paragraph (3)(a), and the River Watershed Protection Plans
3330 developed pursuant to paragraphs (4)(a) and (c), shall provide
3331 the basis for basin management action plans developed by the
3332 department.
3333 (c) As determined necessary by the department to achieve
3334 the total maximum daily loads, additional or modified projects
3335 or programs that complement those in the legislatively ratified
3336 plans may be included during the development of the basin
3337 management action plan.
3338 (d) As provided in s. 403.067, management strategies and
3339 pollution reduction requirements set forth in a basin management
3340 action plan subject to permitting by the department under
3341 subsection (7) must be completed pursuant to the schedule set
3342 forth in the basin management action plan, as amended. The
3343 implementation schedule may extend beyond the 5-year permit
3344 term.
3345 (e) As provided in s. 403.067, management strategies and
3346 pollution reduction requirements set forth in a basin management
3347 action plan for a specific pollutant of concern are not subject
3348 to challenge under chapter 120 at the time they are
3349 incorporated, in an identical form, into a department or
3350 district issued permit or a permit modification issued in
3351 accordance with subsection (7).
3352 (6) ANNUAL PROGRESS REPORT.—Each March 1, the district, in
3353 cooperation with the other coordinating agencies, shall report
3354 on implementation of this section as part of the consolidated
3355 annual report required in s. 373.036(7). The annual report shall
3356 include a summary of the conditions of the hydrology, water
3357 quality, and aquatic habitat in the northern Everglades based on
3358 the results of the Research and Water Quality Monitoring
3359 Programs, the status of the Lake Okeechobee Watershed
3360 Construction Project, the status of the Caloosahatchee River
3361 Watershed Construction Project, and the status of the St. Lucie
3362 River Watershed Construction Project. In addition, the report
3363 shall contain an annual accounting of the expenditure of funds
3364 from the Save Our Everglades Trust Fund. At a minimum, the
3365 annual report shall provide detail by program and plan,
3366 including specific information concerning the amount and use of
3367 funds from federal, state, or local government sources. In
3368 detailing the use of these funds, the district shall indicate
3369 those designated to meet requirements for matching funds. The
3370 district shall prepare the report in cooperation with the other
3371 coordinating agencies and affected local governments. The
3372 department shall report on the status of the Lake Okeechobee
3373 Basin Management Action Plan, the Caloosahatchee River Watershed
3374 Basin Management Action Plan, and the St. Lucie River Watershed
3375 Basin Management Action Plan. The Department of Agriculture and
3376 Consumer Services shall report on the status of the
3377 implementation of the agricultural nonpoint source best
3378 management practices, including an implementation assurance
3379 report summarizing survey responses and response rates, site
3380 inspections, and other methods used to verify implementation of
3381 and compliance with best management practices in the Lake
3382 Okeechobee, Caloosahatchee River, and St. Lucie River
3383 watersheds.
3384 (7) LAKE OKEECHOBEE PROTECTION PERMITS.—
3385 (a) The Legislature finds that the Lake Okeechobee
3386 Watershed Protection Program will benefit Lake Okeechobee and
3387 downstream receiving waters and is in the public interest. The
3388 Lake Okeechobee Watershed Construction Project and structures
3389 discharging into or from Lake Okeechobee shall be constructed,
3390 operated, and maintained in accordance with this section.
3391 (b) Permits obtained pursuant to this section are in lieu
3392 of all other permits under this chapter or chapter 403, except
3393 those issued under s. 403.0885, if applicable. Additional
3394 permits are not required for the Lake Okeechobee Watershed
3395 Construction Project, or structures discharging into or from
3396 Lake Okeechobee, if such project or structures are permitted
3397 under this section. Construction activities related to
3398 implementation of the Lake Okeechobee Watershed Construction
3399 Project may be initiated before final agency action, or notice
3400 of intended agency action, on any permit from the department
3401 under this section.
3402 (c)1. Owners or operators of existing structures which
3403 discharge into or from Lake Okeechobee that were subject to
3404 Department Consent Orders 91-0694, 91-0705, 91-0706, 91-0707,
3405 and RT50-205564 and that are subject to s. 373.4592(4)(a) do not
3406 require a permit under this section and shall be governed by
3407 permits issued under ss. 373.413 and 373.416 and the Lake
3408 Okeechobee Basin Management Action Plan adopted pursuant to s.
3409 403.067.
3410 2. For the purposes of this paragraph, owners and operators
3411 of existing structures which are subject to s. 373.4592(4)(a)
3412 and which discharge into or from Lake Okeechobee shall be deemed
3413 in compliance with this paragraph if they are in full compliance
3414 with the conditions of permits under chapter 40E-63, Florida
3415 Administrative Code.
3416 3. By January 1, 2017, the district shall submit to the
3417 department a complete application for a permit modification to
3418 the Lake Okeechobee structure permits to incorporate proposed
3419 changes necessary to ensure that discharges through the
3420 structures covered by this permit are consistent with the basin
3421 management action plan adopted pursuant to s. 403.067.
3422 (d) The department shall require permits for district
3423 regional projects that are part of the Lake Okeechobee Watershed
3424 Construction Project. However, projects that qualify as exempt
3425 pursuant to s. 373.406 do not require permits under this
3426 section. Such permits shall be issued for a term of 5 years upon
3427 the demonstration of reasonable assurances that:
3428 1. District regional projects that are part of the Lake
3429 Okeechobee Watershed Construction Project shall achieve the
3430 design objectives for phosphorus required in subparagraph
3431 (3)(a)1.;
3432 2. For water quality standards other than phosphorus, the
3433 quality of water discharged from the facility is of equal or
3434 better quality than the inflows;
3435 3. Discharges from the facility do not pose a serious
3436 danger to public health, safety, or welfare; and
3437 4. Any impacts on wetlands or state-listed species
3438 resulting from implementation of that facility of the Lake
3439 Okeechobee Construction Project are minimized and mitigated, as
3440 appropriate.
3441 (e) At least 60 days before the expiration of any permit
3442 issued under this section, the permittee may apply for a renewal
3443 thereof for a period of 5 years.
3444 (f) Permits issued under this section may include any
3445 standard conditions provided by department rule which are
3446 appropriate and consistent with this section.
3447 (g) Permits issued under this section may be modified, as
3448 appropriate, upon review and approval by the department.
3449 (8) RESTRICTIONS ON WATER DIVERSIONS.—The South Florida
3450 Water Management District shall not divert waters to the St.
3451 Lucie River, the Indian River estuary, the Caloosahatchee River
3452 or its estuary, or the Everglades National Park, in such a way
3453 that the state water quality standards are violated, that the
3454 nutrients in such diverted waters adversely affect indigenous
3455 vegetation communities or wildlife, or that fresh waters
3456 diverted to the St. Lucie River or the Caloosahatchee or Indian
3457 River estuaries adversely affect the estuarine vegetation or
3458 wildlife, unless the receiving waters will biologically benefit
3459 by the diversion. However, diversion is permitted when an
3460 emergency is declared by the water management district, if the
3461 Secretary of Environmental Protection concurs.
3462 (9) PRESERVATION OF PROVISIONS RELATING TO THE EVERGLADES.
3463 Nothing in this section shall be construed to modify any
3464 provision of s. 373.4592.
3465 (10) RIGHTS OF SEMINOLE TRIBE OF FLORIDA.—Nothing in this
3466 section is intended to diminish or alter the governmental
3467 authority and powers of the Seminole Tribe of Florida, or
3468 diminish or alter the rights of that tribe, including, but not
3469 limited to, rights under the water rights compact among the
3470 Seminole Tribe of Florida, the state, and the South Florida
3471 Water Management District as enacted by Pub. L. No. 100-228, 101
3472 Stat. 1556, and chapter 87-292, Laws of Florida, and codified in
3473 s. 285.165, and rights under any other agreement between the
3474 Seminole Tribe of Florida and the state or its agencies. No land
3475 of the Seminole Tribe of Florida shall be used for water storage
3476 or stormwater treatment without the consent of the tribe.
3477 (11) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—Nothing
3478 in this section shall be construed to modify any existing state
3479 water quality standard or to modify the provisions of s.
3480 403.067(6) and (7)(a).
3481 (12) RULES.—The governing board of the district is
3482 authorized to adopt rules pursuant to ss. 120.536(1) and 120.54
3483 to implement the provisions of this section.
3484 (13) PRESERVATION OF AUTHORITY.—Nothing in this section
3485 shall be construed to restrict the authority otherwise granted
3486 to agencies pursuant to this chapter and chapter 403, and
3487 provisions of this section shall be deemed supplemental to the
3488 authority granted to agencies pursuant to this chapter and
3489 chapter 403.
3490 Section 36. For the purpose of incorporating the amendment
3491 made by this act to section 403.0872, Florida Statutes, in a
3492 reference thereto, section 403.0873, Florida Statutes, is
3493 reenacted to read:
3494 403.0873 Florida Air-Operation License Fee Account.—The
3495 “Florida Air-Operation License Fee Account” is established as a
3496 nonlapsing account within the Department of Environmental
3497 Protection’s Air Pollution Control Trust Fund. All license fees
3498 paid pursuant to s. 403.0872(11) shall be deposited in such
3499 account and must be used solely by the department and approved
3500 local programs under the advice and consent of the Legislature
3501 to pay the direct and indirect costs required to develop and
3502 administer the major stationary source air-operation permit
3503 program. Any approved local pollution control program that
3504 accepts funds from the department as reimbursement for services
3505 it performs in the implementation of the major source air
3506 operation permit program, receives delegation from the
3507 department or the United States Environmental Protection Agency
3508 for implementation of the major source air-operation permit
3509 program, or performs functions, duties, or activities
3510 substantially similar to or duplicative of the services
3511 performed by the department or the United States Environmental
3512 Protection Agency in the implementation of the major source air
3513 operation permit program is prohibited from collecting
3514 additional fees attributable to such services from any source
3515 permitted under s. 403.0872.
3516 Section 37. For the purpose of incorporating the amendment
3517 made by this act to section 403.1838, Florida Statutes, in a
3518 reference thereto, paragraph (d) of subsection (3) of section
3519 403.1835, Florida Statutes, is reenacted to read:
3520 403.1835 Water pollution control financial assistance.—
3521 (3) The department may provide financial assistance through
3522 any program authorized under 33 U.S.C. s. 1383, as amended,
3523 including, but not limited to, making grants and loans,
3524 providing loan guarantees, purchasing loan insurance or other
3525 credit enhancements, and buying or refinancing local debt. This
3526 financial assistance must be administered in accordance with
3527 this section and applicable federal authorities.
3528 (d) The department may make grants to financially
3529 disadvantaged small communities, as defined in s. 403.1838,
3530 using funds made available from grant allocations on loans
3531 authorized under subsection (4). The grants must be administered
3532 in accordance with s. 403.1838.
3533 Section 38. This act shall take effect July 1, 2026.