June 16, 2019
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HB 1839CS

CHAMBER ACTION




1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to total maximum daily loads; amending s.
7403.067, F.S.; providing for the attainment of pollutant
8reductions for the restoration of impaired waters;
9revising provisions for the allocation of allowable
10pollutant loads; deleting an obsolete reporting
11requirement; authorizing the Department of Environmental
12Protection to adopt phased total maximum daily loads for
13specific purposes; providing for the development of basin
14management action plans; revising provisions for the
15implementation of total maximum daily loads; revising
16provisions relating to best management practices;
17authorizing the department to adopt rules for the
18permitting of basin management action plans; requiring the
19department to submit a report to the Governor, the
20President of the Senate, and the Speaker of the House of
21Representatives prior to adopting rules for pollutant
22trading; amending ss. 373.4595 and 570.085, F.S.;
23correcting cross references; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Paragraph (d) of subsection (2) and subsections
28(6), (7), (8), and (11) of section 403.067, Florida Statutes,
29are amended to read:
30     403.067  Establishment and implementation of total maximum
31daily loads.--
32     (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
33with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
34U.S.C. ss. 1251 et seq., the department must submit periodically
35to the United States Environmental Protection Agency a list of
36surface waters or segments for which total maximum daily load
37assessments will be conducted. The assessments shall evaluate
38the water quality conditions of the listed waters and, if such
39waters are determined not to meet water quality standards, total
40maximum daily loads shall be established, subject to the
41provisions of subsection (4). The department shall establish a
42priority ranking and schedule for analyzing such waters.
43     (d)  If the department proposes to implement total maximum
44daily load calculations or allocations established prior to the
45effective date of this act, the department shall adopt those
46calculations and allocations by rule by the secretary pursuant
47to ss. 120.536(1) and 120.54 and paragraph (6)(c)(d).
48     (6)  CALCULATION AND ALLOCATION.--
49     (a)  Calculation of total maximum daily load.--
50     1.  Prior to developing a total maximum daily load
51calculation for each water body or water body segment on the
52list specified in subsection (4), the department shall
53coordinate with applicable local governments, water management
54districts, the Department of Agriculture and Consumer Services,
55other appropriate state agencies, local soil and water
56conservation districts, environmental groups, regulated
57interests, and affected pollution sources to determine the
58information required, accepted methods of data collection and
59analysis, and quality control/quality assurance requirements.
60The analysis may include mathematical water quality modeling
61using approved procedures and methods.
62     2.  The department shall develop total maximum daily load
63calculations for each water body or water body segment on the
64list described in subsection (4) according to the priority
65ranking and schedule unless the impairment of such waters is due
66solely to activities other than point and nonpoint sources of
67pollution. For waters determined to be impaired due solely to
68factors other than point and nonpoint sources of pollution, no
69total maximum daily load will be required. A total maximum daily
70load may be required for those waters that are impaired
71predominantly due to activities other than point and nonpoint
72sources. The total maximum daily load calculation shall
73establish the amount of a pollutant that a water body or water
74body segment may receive from all sources without exceeding
75water quality standards, and shall account for seasonal
76variations and include a margin of safety that takes into
77account any lack of knowledge concerning the relationship
78between effluent limitations and water quality. The total
79maximum daily load may be based on a pollutant load reduction
80goal developed by a water management district, provided that
81such pollutant load reduction goal is promulgated by the
82department in accordance with the procedural and substantive
83requirements of this subsection.
84     (b)  Allocation of total maximum daily loads.--The total
85maximum daily loads shall include establishment of reasonable
86and equitable allocations of the total maximum daily load
87between or among point and nonpoint sources that will alone, or
88in conjunction with other management and restoration activities,
89provide for the attainment of the pollutant reductions
90established pursuant to paragraph (a) to achieve water quality
91standards for the pollutant causing impairment and the
92restoration of impaired waters. The allocations may establish
93the maximum amount of the water pollutant from a given source or
94category of sources that may be discharged or released into the
95water body or water body segment in combination with other
96discharges or releases. Allocations may also be made to
97individual basins and sources or as a whole to all basins and
98sources or categories of sources of inflow to the water body or
99water body segments. An initial allocation of allowable
100pollutant loads among point and nonpoint sources may be
101developed as part of the total maximum daily load. However, in
102such cases, the detailed allocation to specific point sources
103and specific categories of nonpoint sources shall be established
104in the basin management action plan pursuant to subsection (7).
105The initial and detailed allocations shall be designed to attain
106the pollutant reductions established pursuant to paragraph (a)
107water quality standards and shall be based on consideration of
108the following:
109     1.  Existing treatment levels and management practices;
110     2.  Best management practices established and implemented
111pursuant to paragraph (7)(c);
112     3.  Enforceable treatment levels established pursuant to
113state or local law or permit;
114     4.2.  Differing impacts pollutant sources and forms of
115pollutants may have on water quality;
116     5.3.  The availability of treatment technologies,
117management practices, or other pollutant reduction measures;
118     6.4.  Environmental, economic, and technological
119feasibility of achieving the allocation;
120     7.5.  The cost benefit associated with achieving the
121allocation;
122     8.6.  Reasonable timeframes for implementation;
123     9.7.  Potential applicability of any moderating provisions
124such as variances, exemptions, and mixing zones; and
125     10.8.  The extent to which nonattainment of water quality
126standards is caused by pollution sources outside of Florida,
127discharges that have ceased, or alterations to water bodies
128prior to the date of this act.
129     (c)  Not later than February 1, 2001, the department shall
130submit a report to the Governor, the President of the Senate,
131and the Speaker of the House of Representatives containing
132recommendations, including draft legislation, for any
133modifications to the process for allocating total maximum daily
134loads, including the relationship between allocations and the
135watershed or basin management planning process. Such
136recommendations shall be developed by the department in
137cooperation with a technical advisory committee which includes
138representatives of affected parties, environmental
139organizations, water management districts, and other appropriate
140local, state, and federal government agencies. The technical
141advisory committee shall also include such members as may be
142designated by the President of the Senate and the Speaker of the
143House of Representatives.
144     (c)(d)  Adoption of rules.--The total maximum daily load
145calculations and allocations established under this subsection
146for each water body or water body segment shall be adopted by
147rule by the secretary pursuant to ss. 120.536(1), 120.54, and
148403.805. Where additional data collection and analysis are
149needed to increase the scientific precision and accuracy of the
150total maximum daily load, the department is authorized to adopt
151phased total maximum daily loads that are subject to change as
152additional data become available. Where phased total maximum
153daily loads are proposed, the department shall, in the detailed
154statement of facts and circumstances justifying the rule,
155explain why the data are inadequate so as to justify a phased
156total maximum daily load. The rules adopted pursuant to this
157paragraph shall not be subject to approval by the Environmental
158Regulation Commission. As part of the rule development process,
159the department shall hold at least one public workshop in the
160vicinity of the water body or water body segment for which the
161total maximum daily load is being developed. Notice of the
162public workshop shall be published not less than 5 days nor more
163than 15 days before the public workshop in a newspaper of
164general circulation in the county or counties containing the
165water bodies or water body segments for which the total maximum
166daily load calculation and allocation are being developed.
167     (7)  DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS;
168IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
169     (a)  Basin management action plans.--
170     1.  In developing and implementing the total maximum daily
171load for a water body, the department, or the department in
172conjunction with a water management district, may develop a
173basin management action plan that addresses some or all of the
174watersheds and basins tributary to the water body. Such a plan
175shall integrate the appropriate management strategies available
176to the state through existing water quality protection programs
177to achieve the total maximum daily load and may provide for
178phased implementation of these management strategies to promote
179timely, cost-effective actions as provided for in s. 403.151.
180The plan shall establish a schedule for implementing the
181management strategies, establish a basis for evaluating the
182plan's effectiveness, and identify feasible funding strategies
183to implement the plan's management strategies. The management
184strategies may include regional treatment systems or other
185public works, where appropriate, to achieve the needed pollutant
186load reductions.
187     2.  A basin management action plan shall, pursuant to
188paragraph (6)(b), equitably allocate pollutant reductions to
189individual basins, as a whole to all basins, or to each
190identified point source or category of nonpoint sources, as
191appropriate. For nonpoint sources for which best management
192practices have been adopted, the initial requirement specified
193by the plan shall be those practices developed pursuant to
194paragraph (c). Where appropriate, the plan may provide pollutant
195load reduction credit to those dischargers that have implemented
196management strategies to reduce pollutant loads, including best
197management practices, prior to the development of the basin
198management action plan. The plan also shall identify the
199mechanisms by which potential future increases in pollutant
200loading will be addressed.
201     3.  The basin management action planning process is
202intended to involve the broadest possible range of interested
203parties, with the objective of encouraging the greatest amount
204of cooperation and consensus possible. In developing a basin
205management action plan, the department shall ensure that key
206stakeholders, including, but not limited to, applicable local
207governments, water management districts, the Department of
208Agriculture and Consumer Services, other appropriate state
209agencies, local soil and water conservation districts,
210environmental groups, regulated interests, and affected
211pollution sources, are invited to participate in the process.
212The department shall hold at least one public meeting in the
213vicinity of the watershed or basin to discuss and receive
214comments during the planning process and shall otherwise
215encourage public participation to the greatest practical extent.
216Notice of the public meeting shall be published in a newspaper
217of general circulation in each county in which the watershed or
218basin lies not fewer than 5 days nor more than 15 days before
219the public meeting. A basin management action plan shall not
220supplant or otherwise alter any assessment made under subsection
221(3) or subsection (4), or any calculation or initial allocation.
222     4.  The department shall adopt all or any part of a basin
223management action plan by secretarial order pursuant to chapter
224120 to implement the provisions of this section.
225     5.  A basin management action plan shall include milestones
226for implementation and water quality improvement and an
227associated water quality monitoring component sufficient to
228evaluate whether reasonable progress in pollutant load
229reductions is being achieved over time. An assessment of
230progress toward these milestones shall be conducted every 5
231years, and revisions to the plan shall be made as appropriate.
232Revisions to the basin management action plan shall be made by
233the department in cooperation with basin stakeholders. Revisions
234to the management strategies required for nonpoint sources shall
235follow the procedures set forth in subparagraph (c)4. Revised
236basin management action plans shall be adopted pursuant to
237subparagraph 4.
238     (b)  Total maximum daily load implementation.--
239     1.(a)  The department shall be the lead agency in
240coordinating the implementation of the total maximum daily loads
241through existing water quality protection programs. Application
242of a total maximum daily load by a water management district
243shall be consistent with this section and shall not require the
244issuance of an order or a separate action pursuant to s.
245120.536(1) or s. 120.54 for adoption of the calculation and
246allocation previously established by the department. Such
247programs may include, but are not limited to:
248     a.1.  Permitting and other existing regulatory programs,
249including water-quality-based effluent limitations;
250     b.2.  Nonregulatory and incentive-based programs, including
251best management practices, cost sharing, waste minimization,
252pollution prevention, agreements established pursuant to s.
253403.061(21), and public education;
254     c.3.  Other water quality management and restoration
255activities, for example surface water improvement and management
256plans approved by water management districts or watershed or
257basin management action plans developed pursuant to this
258subsection;
259     d.4.  Pollutant trading or other equitable economically
260based agreements;
261     e.5.  Public works including capital facilities; or
262     f.6.  Land acquisition.
263     2.  For a basin management action plan adopted pursuant to
264subparagraph (a)4., any management strategies and pollutant
265reduction requirements associated with a pollutant of concern
266for which a total maximum daily load was developed, including
267effluent limits set forth for a discharger subject to NPDES
268permitting, if any, shall be included in subsequent NPDES
269permits or permit modifications for that discharger in a timely
270manner. The department shall not impose limits or conditions
271implementing an adopted total maximum daily load in an NPDES
272permit until the permit expires, the discharge is modified, or
273the permit is reopened pursuant to an adopted basin management
274action plan.
275     a.  Absent a detailed allocation, total maximum daily loads
276shall be implemented through NPDES permit conditions that afford
277a compliance schedule. In such instances, a facility's NPDES
278permit shall allow time for the issuance of an order adopting
279the basin management action plan. The time allowed for the
280issuance of an order adopting the plan shall not exceed 5 years.
281Upon the issuance of an order adopting the plan, the permit
282shall be reopened as necessary and permit conditions consistent
283with the plan shall be established. Notwithstanding the other
284provisions of this sub-subparagraph, upon request by an NPDES
285permittee, the department, as part of a permit renewal or
286modification, may establish individual allocations prior to the
287adoption of a basin management action plan.
288     b.  For holders of NPDES municipal separate storm sewer
289system permits and other stormwater sources, implementation of a
290total maximum daily load or basin management action plan shall
291be achieved, to the maximum extent practicable, through the use
292of best management practices or other management measures.
293     c.  The basin management action plan does not relieve the
294discharger from any requirement to obtain, renew, or modify an
295NPDES permit or to abide by other requirements of the permit.
296     d.  Management strategies set forth in a basin management
297action plan to be implemented by a discharger subject to
298permitting by the department shall be completed pursuant to the
299schedule set forth in the basin management action plan. This
300implementation schedule may extend beyond the 5-year term of an
301NPDES permit.
302     e.  Management strategies and pollution reduction
303requirements set forth in a basin management action plan for a
304specific pollutant of concern shall not be subject to challenge
305under chapter 120 at the time they are incorporated, in an
306identical form, into a subsequent NPDES permit or permit
307modification.
308     f.  For nonagricultural pollutant sources not subject to
309NPDES permitting but permitted pursuant to other state,
310regional, or local water quality programs, the pollutant
311reduction actions adopted in a basin management action plan
312shall be implemented to the maximum extent practicable as part
313of those permitting programs.
314     g.  A nonpoint pollutant source discharger included in a
315basin management action plan shall demonstrate compliance with
316the pollutant reductions established pursuant to subsection (6)
317by either implementing the appropriate best management practices
318established pursuant to paragraph (c) or conducting water
319quality monitoring prescribed by the department or a water
320management district.
321     h.  A nonpoint source discharger included in a basin
322management action plan may be subject to enforcement action by
323the department or a water management district based upon a
324failure to implement the responsibilities set forth in sub-
325subparagraph g.
326     i.  A landowner, discharger, or other responsible person
327who is implementing applicable management strategies specified
328in an adopted basin management action plan shall not be required
329by permit, enforcement action, or otherwise to implement
330additional management strategies to reduce pollutant loads to
331attain the pollutant reductions established pursuant to
332subsection (6) and shall be deemed to be in compliance with this
333section. This subparagraph does not limit the authority of the
334department to amend a basin management action plan as specified
335in subparagraph (a)5.
336     (b)  In developing and implementing the total maximum daily
337load for a water body, the department, or the department in
338conjunction with a water management district, may develop a
339watershed or basin management plan that addresses some or all of
340the watersheds and basins tributary to the water body. These
341plans will serve to fully integrate the management strategies
342available to the state for the purpose of implementing the total
343maximum daily loads and achieving water quality restoration. The
344watershed or basin management planning process is intended to
345involve the broadest possible range of interested parties, with
346the objective of encouraging the greatest amount of cooperation
347and consensus possible. The department or water management
348district shall hold at least one public meeting in the vicinity
349of the watershed or basin to discuss and receive comments during
350the planning process and shall otherwise encourage public
351participation to the greatest practical extent. Notice of the
352public meeting shall be published in a newspaper of general
353circulation in each county in which the watershed or basin lies
354not less than 5 days nor more than 15 days before the public
355meeting. A watershed or basin management plan shall not supplant
356or otherwise alter any assessment made under s. 403.086(3) and
357(4), or any calculation or allocation made under s. 403.086(6).
358     (c)  Best management practices.--
359     1.  The department, in cooperation with the water
360management districts and other interested parties, as
361appropriate, may develop suitable interim measures, best
362management practices, or other measures necessary to achieve the
363level of pollution reduction established by the department for
364nonagricultural nonpoint pollutant sources in allocations
365developed pursuant to this subsection and subsection (6)
366paragraph (6)(b). These practices and measures may be adopted by
367rule by the department and the water management districts
368pursuant to ss. 120.536(1) and 120.54, and, where adopted by
369rule, shall may be implemented by those parties responsible for
370nonagricultural nonpoint source pollution pollutant sources and
371the department and the water management districts shall assist
372with implementation. Where interim measures, best management
373practices, or other measures are adopted by rule, the
374effectiveness of such practices in achieving the levels of
375pollution reduction established in allocations developed by the
376department pursuant to paragraph (6)(b) shall be verified by the
377department. Implementation, in accordance with applicable rules,
378of practices that have been verified by the department to be
379effective at representative sites shall provide a presumption of
380compliance with state water quality standards and release from
381the provisions of s. 376.307(5) for those pollutants addressed
382by the practices, and the department is not authorized to
383institute proceedings against the owner of the source of
384pollution to recover costs or damages associated with the
385contamination of surface or ground water caused by those
386pollutants. Such rules shall also incorporate provisions for a
387notice of intent to implement the practices and a system to
388assure the implementation of the practices, including
389recordkeeping requirements. Where water quality problems are
390detected despite the appropriate implementation, operation, and
391maintenance of best management practices and other measures
392according to rules adopted under this paragraph, the department
393or the water management districts shall institute a reevaluation
394of the best management practice or other measures.
395     2.(d)1.  The Department of Agriculture and Consumer
396Services may develop and adopt by rule pursuant to ss.
397120.536(1) and 120.54 suitable interim measures, best management
398practices, or other measures necessary to achieve the level of
399pollution reduction established by the department for
400agricultural pollutant sources in allocations developed pursuant
401to this subsection and subsection (6) paragraph (6)(b). These
402practices and measures may be implemented by those parties
403responsible for agricultural pollutant sources and the
404department, the water management districts, and the Department
405of Agriculture and Consumer Services shall assist with
406implementation. Where interim measures, best management
407practices, or other measures are adopted by rule, the
408effectiveness of such practices in achieving the levels of
409pollution reduction established in allocations developed by the
410department pursuant to paragraph (6)(b) shall be verified by the
411department. Implementation, in accordance with applicable rules,
412of practices that have been verified by the department to be
413effective at representative sites shall provide a presumption of
414compliance with state water quality standards and release from
415the provisions of s. 376.307(5) for those pollutants addressed
416by the practices, and the department is not authorized to
417institute proceedings against the owner of the source of
418pollution to recover costs or damages associated with the
419contamination of surface or ground water caused by those
420pollutants. In the process of developing and adopting rules for
421interim measures, best management practices, or other measures,
422the Department of Agriculture and Consumer Services shall
423consult with the department, the Department of Health, the water
424management districts, representatives from affected farming
425groups, and environmental group representatives. Such rules
426shall also incorporate provisions for a notice of intent to
427implement the practices and a system to assure the
428implementation of the practices, including recordkeeping
429requirements. Where water quality problems are detected despite
430the appropriate implementation, operation, and maintenance of
431best management practices and other measures according to rules
432adopted under this paragraph, the Department of Agriculture and
433Consumer Services shall institute a reevaluation of the best
434management practice or other measure.
435     3.  Where interim measures, best management practices, or
436other measures are adopted by rule, the effectiveness of such
437practices in achieving the levels of pollution reduction
438established in allocations developed by the department pursuant
439to this subsection and subsection (6) shall be verified at
440representative sites by the department. The department shall use
441best professional judgment in making the initial verification
442that the best management practices are effective and, where
443applicable, shall notify the appropriate water management
444district or the Department of Agriculture and Consumer Services
445of its initial verification prior to the adoption of a rule
446proposed pursuant to this paragraph. Implementation, in
447accordance with rules adopted under this paragraph, of practices
448that have been initially verified to be effective, or verified
449to be effective by monitoring at representative sites, by the
450department shall provide a presumption of compliance with state
451water quality standards and release from the provisions of s.
452376.307(5) for those pollutants addressed by the practices, and
453the department is not authorized to institute proceedings
454against the owner of the source of pollution to recover costs or
455damages associated with the contamination of surface or ground
456water caused by those pollutants.
457     4.  Where water quality problems are demonstrated, or
458predicted during the development or amendment of a basin
459management action plan, despite the appropriate implementation,
460operation, and maintenance of best management practices and
461other measures according to rules adopted under this paragraph,
462the department, or a water management district or the Department
463of Agriculture and Consumer Services in consultation with the
464department, shall institute a reevaluation of the best
465management practice or other measure. Should the reevaluation
466determine that the best management practice or other measure
467requires modification, the department, a water management
468district, or the Department of Agriculture and Consumer
469Services, as appropriate, shall revise the rule to require
470implementation of the modified practice within a reasonable time
471period as specified in the rule.
472     5.2.  Individual agricultural records relating to processes
473or methods of production, or relating to costs of production,
474profits, or other financial information which are otherwise not
475public records, which are reported to the Department of
476Agriculture and Consumer Services pursuant to subparagraphs 3.
477and 4. this paragraph or pursuant to any rule adopted pursuant
478to subparagraph 2. this paragraph shall be confidential and
479exempt from s. 119.07(1) and s. 24(a), Art. I of the State
480Constitution. Upon request of the department or any water
481management district, the Department of Agriculture and Consumer
482Services shall make such individual agricultural records
483available to that agency, provided that the confidentiality
484specified by this subparagraph for such records is maintained.
485This subparagraph is subject to the Open Government Sunset
486Review Act of 1995 in accordance with s. 119.15, and shall stand
487repealed on October 2, 2006, unless reviewed and saved from
488repeal through reenactment by the Legislature.
489     6.(e)  The provisions of subparagraphs 1. and 2. paragraphs
490(c) and (d) shall not preclude the department or water
491management district from requiring compliance with water quality
492standards or with current best management practice requirements
493set forth in any applicable regulatory program authorized by law
494for the purpose of protecting water quality. Additionally,
495subparagraphs 1. and 2. paragraphs (c) and (d) are applicable
496only to the extent that they do not conflict with any rules
497adopted promulgated by the department that are necessary to
498maintain a federally delegated or approved program.
499     (8)  RULES.--The department is authorized to adopt rules
500pursuant to ss. 120.536(1) and 120.54 for:
501     (a)  Delisting water bodies or water body segments from the
502list developed under subsection (4) pursuant to the guidance
503under subsection (5).;
504     (b)  Administration of funds to implement the total maximum
505daily load and basin management action planning program.;
506     (c)  Procedures for pollutant trading among the pollutant
507sources to a water body or water body segment, including a
508mechanism for the issuance and tracking of pollutant credits.
509Such procedures may be implemented through permits or other
510authorizations and must be legally binding. Prior to adopting
511rules for pollutant trading under this paragraph, and no later
512than November 30, 2006, the Department of Environmental
513Protection shall submit to the Governor, the President of the
514Senate, and the Speaker of the House of Representatives a report
515containing recommendations on such rules, including the proposed
516basis for equitable economically based agreements and the
517tracking and accounting of pollution credits or other similar
518mechanisms. Such recommendations shall be developed in
519cooperation with a technical advisory committee that includes
520representatives of environmental organizations, industry, local
521government, homebuilders, water management districts,
522agriculture, stormwater utilities, and municipal utilities. No
523rule implementing a pollutant trading program shall become
524effective prior to review and ratification by the Legislature;
525and
526     (d)  The total maximum daily load calculation in accordance
527with paragraph (6)(a) immediately upon the effective date of
528this act, for those eight water segments within Lake Okeechobee
529proper as submitted to the United States Environmental
530Protection Agency pursuant to subsection (2).
531     (e)  Any other purpose specifically provided for in this
532section.
533     (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
534     (a)  The department shall not implement, without prior
535legislative approval, any additional regulatory authority
536pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part
537130, if such implementation would result in water quality
538discharge regulation of activities not currently subject to
539regulation.
540     (b)  Interim measures, best management practices, or other
541measures may be developed and voluntarily implemented pursuant
542to subparagraph (7)(c)1. or subparagraph (7)(c)2. paragraph
543(7)(c) or paragraph (7)(d) for any water body or segment for
544which a total maximum daily load or allocation has not been
545established. The implementation of such pollution control
546programs may be considered by the department in the
547determination made pursuant to subsection (4).
548     Section 2.  Paragraph (c) of subsection (3) of section
549373.4595, Florida Statutes, is amended to read:
550     373.4595  Lake Okeechobee Protection Program.--
551     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
552program for Lake Okeechobee that achieves phosphorus load
553reductions for Lake Okeechobee shall be immediately implemented
554as specified in this subsection. The program shall address the
555reduction of phosphorus loading to the lake from both internal
556and external sources. Phosphorus load reductions shall be
557achieved through a phased program of implementation. Initial
558implementation actions shall be technology-based, based upon a
559consideration of both the availability of appropriate technology
560and the cost of such technology, and shall include phosphorus
561reduction measures at both the source and the regional level.
562The initial phase of phosphorus load reductions shall be based
563upon the district's Technical Publication 81-2 and the
564district's WOD program, with subsequent phases of phosphorus
565load reductions based upon the total maximum daily loads
566established in accordance with s. 403.067. In the development
567and administration of the Lake Okeechobee Protection Program,
568the coordinating agencies shall maximize opportunities provided
569by federal cost-sharing programs and opportunities for
570partnerships with the private sector.
571     (c)  Lake Okeechobee Watershed Phosphorus Control
572Program.--The Lake Okeechobee Watershed Phosphorus Control
573Program is designed to be a multifaceted approach to reducing
574phosphorus loads by improving the management of phosphorus
575sources within the Lake Okeechobee watershed through continued
576implementation of existing regulations and best management
577practices, development and implementation of improved best
578management practices, improvement and restoration of the
579hydrologic function of natural and managed systems, and
580utilization of alternative technologies for nutrient reduction.
581The coordinating agencies shall facilitate the application of
582federal programs that offer opportunities for water quality
583treatment, including preservation, restoration, or creation of
584wetlands on agricultural lands.
585     1.  Agricultural nonpoint source best management practices,
586developed in accordance with s. 403.067 and designed to achieve
587the objectives of the Lake Okeechobee Protection Program, shall
588be implemented on an expedited basis. By March 1, 2001, the
589coordinating agencies shall develop an interagency agreement
590pursuant to ss. 373.046 and 373.406(5) that assures the
591development of best management practices that complement
592existing regulatory programs and specifies how those best
593management practices are implemented and verified. The
594interagency agreement shall address measures to be taken by the
595coordinating agencies during any best management practice
596reevaluation performed pursuant to sub-subparagraph d. The
597department shall use best professional judgment in making the
598initial determination of best management practice effectiveness.
599     a.  As provided in s. 403.067(7)(c)(d), by October 1, 2000,
600the Department of Agriculture and Consumer Services, in
601consultation with the department, the district, and affected
602parties, shall initiate rule development for interim measures,
603best management practices, conservation plans, nutrient
604management plans, or other measures necessary for Lake
605Okeechobee phosphorus load reduction. The rule shall include
606thresholds for requiring conservation and nutrient management
607plans and criteria for the contents of such plans. Development
608of agricultural nonpoint source best management practices shall
609initially focus on those priority basins listed in subparagraph
610(b)1. The Department of Agriculture and Consumer Services, in
611consultation with the department, the district, and affected
612parties, shall conduct an ongoing program for improvement of
613existing and development of new interim measures or best
614management practices for the purpose of adoption of such
615practices by rule.
616     b.  Where agricultural nonpoint source best management
617practices or interim measures have been adopted by rule of the
618Department of Agriculture and Consumer Services, the owner or
619operator of an agricultural nonpoint source addressed by such
620rule shall either implement interim measures or best management
621practices or demonstrate compliance with the district's WOD
622program by conducting monitoring prescribed by the department or
623the district. Owners or operators of agricultural nonpoint
624sources who implement interim measures or best management
625practices adopted by rule of the Department of Agriculture and
626Consumer Services shall be subject to the provisions of s.
627403.067(7). The Department of Agriculture and Consumer Services,
628in cooperation with the department and the district, shall
629provide technical and financial assistance for implementation of
630agricultural best management practices, subject to the
631availability of funds.
632     c.  The district or department shall conduct monitoring at
633representative sites to verify the effectiveness of agricultural
634nonpoint source best management practices.
635     d.  Where water quality problems are detected for
636agricultural nonpoint sources despite the appropriate
637implementation of adopted best management practices, the
638Department of Agriculture and Consumer Services, in consultation
639with the other coordinating agencies and affected parties, shall
640institute a reevaluation of the best management practices and
641make appropriate changes to the rule adopting best management
642practices.
643     2.  Nonagricultural nonpoint source best management
644practices, developed in accordance with s. 403.067 and designed
645to achieve the objectives of the Lake Okeechobee Protection
646Program, shall be implemented on an expedited basis. By March 1,
6472001, the department and the district shall develop an
648interagency agreement pursuant to ss. 373.046 and 373.406(5)
649that assures the development of best management practices that
650complement existing regulatory programs and specifies how those
651best management practices are implemented and verified. The
652interagency agreement shall address measures to be taken by the
653department and the district during any best management practice
654reevaluation performed pursuant to sub-subparagraph d.
655     a.  The department and the district are directed to work
656with the University of Florida's Institute of Food and
657Agricultural Sciences to develop appropriate nutrient
658application rates for all nonagricultural soil amendments in the
659watershed. As provided in s. 403.067(7)(c), by January 1, 2001,
660the department, in consultation with the district and affected
661parties, shall develop interim measures, best management
662practices, or other measures necessary for Lake Okeechobee
663phosphorus load reduction. Development of nonagricultural
664nonpoint source best management practices shall initially focus
665on those priority basins listed in subparagraph (b)1. The
666department, the district, and affected parties shall conduct an
667ongoing program for improvement of existing and development of
668new interim measures or best management practices. The district
669shall adopt technology-based standards under the district's WOD
670program for nonagricultural nonpoint sources of phosphorus.
671     b.  Where nonagricultural nonpoint source best management
672practices or interim measures have been developed by the
673department and adopted by the district, the owner or operator of
674a nonagricultural nonpoint source shall implement interim
675measures or best management practices and be subject to the
676provisions of s. 403.067(7). The department and district shall
677provide technical and financial assistance for implementation of
678nonagricultural nonpoint source best management practices,
679subject to the availability of funds.
680     c.  The district or the department shall conduct monitoring
681at representative sites to verify the effectiveness of
682nonagricultural nonpoint source best management practices.
683     d.  Where water quality problems are detected for
684nonagricultural nonpoint sources despite the appropriate
685implementation of adopted best management practices, the
686department and the district shall institute a reevaluation of
687the best management practices.
688     3.  The provisions of subparagraphs 1. and 2. shall not
689preclude the department or the district from requiring
690compliance with water quality standards or with current best
691management practices requirements set forth in any applicable
692regulatory program authorized by law for the purpose of
693protecting water quality. Additionally, subparagraphs 1. and 2.
694are applicable only to the extent that they do not conflict with
695any rules promulgated by the department that are necessary to
696maintain a federally delegated or approved program.
697     4.  Projects which reduce the phosphorus load originating
698from domestic wastewater systems within the Lake Okeechobee
699watershed shall be given funding priority in the department's
700revolving loan program under s. 403.1835. The department shall
701coordinate and provide assistance to those local governments
702seeking financial assistance for such priority projects.
703     5.  Projects that make use of private lands, or lands held
704in trust for Indian tribes, to reduce nutrient loadings or
705concentrations within a basin by one or more of the following
706methods: restoring the natural hydrology of the basin, restoring
707wildlife habitat or impacted wetlands, reducing peak flows after
708storm events, increasing aquifer recharge, or protecting range
709and timberland from conversion to development, are eligible for
710grants available under this section from the coordinating
711agencies. For projects of otherwise equal priority, special
712funding priority will be given to those projects that make best
713use of the methods outlined above that involve public-private
714partnerships or that obtain federal match money. Preference
715ranking above the special funding priority will be given to
716projects located in a rural area of critical economic concern
717designated by the Governor. Grant applications may be submitted
718by any person or tribal entity, and eligible projects may
719include, but are not limited to, the purchase of conservation
720and flowage easements, hydrologic restoration of wetlands,
721creating treatment wetlands, development of a management plan
722for natural resources, and financial support to implement a
723management plan.
724     6.a.  The department shall require all entities disposing
725of domestic wastewater residuals within the Lake Okeechobee
726watershed and the remaining areas of Okeechobee, Glades, and
727Hendry Counties to develop and submit to the department an
728agricultural use plan that limits applications based upon
729phosphorus loading. By July 1, 2005, phosphorus concentrations
730originating from these application sites shall not exceed the
731limits established in the district's WOD program.
732     b.  Private and government-owned utilities within Monroe,
733Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
734Okeechobee, Highlands, Hendry, and Glades Counties that dispose
735of wastewater residual sludge from utility operations and septic
736removal by land spreading in the Lake Okeechobee watershed may
737use a line item on local sewer rates to cover wastewater
738residual treatment and disposal if such disposal and treatment
739is done by approved alternative treatment methodology at a
740facility located within the areas designated by the Governor as
741rural areas of critical economic concern pursuant to s.
742288.0656. This additional line item is an environmental
743protection disposal fee above the present sewer rate and shall
744not be considered a part of the present sewer rate to customers,
745notwithstanding provisions to the contrary in chapter 367. The
746fee shall be established by the county commission or its
747designated assignee in the county in which the alternative
748method treatment facility is located. The fee shall be
749calculated to be no higher than that necessary to recover the
750facility's prudent cost of providing the service. Upon request
751by an affected county commission, the Florida Public Service
752Commission will provide assistance in establishing the fee.
753Further, for utilities and utility authorities that use the
754additional line item environmental protection disposal fee, such
755fee shall not be considered a rate increase under the rules of
756the Public Service Commission and shall be exempt from such
757rules. Utilities using the provisions of this section may
758immediately include in their sewer invoicing the new
759environmental protection disposal fee. Proceeds from this
760environmental protection disposal fee shall be used for
761treatment and disposal of wastewater residuals, including any
762treatment technology that helps reduce the volume of residuals
763that require final disposal, but such proceeds shall not be used
764for transportation or shipment costs for disposal or any costs
765relating to the land application of residuals in the Lake
766Okeechobee watershed.
767     c.  No less frequently than once every 3 years, the Florida
768Public Service Commission or the county commission through the
769services of an independent auditor shall perform a financial
770audit of all facilities receiving compensation from an
771environmental protection disposal fee. The Florida Public
772Service Commission or the county commission through the services
773of an independent auditor shall also perform an audit of the
774methodology used in establishing the environmental protection
775disposal fee. The Florida Public Service Commission or the
776county commission shall, within 120 days after completion of an
777audit, file the audit report with the President of the Senate
778and the Speaker of the House of Representatives and shall
779provide copies to the county commissions of the counties set
780forth in sub-subparagraph b. The books and records of any
781facilities receiving compensation from an environmental
782protection disposal fee shall be open to the Florida Public
783Service Commission and the Auditor General for review upon
784request.
785     7.  The Department of Health shall require all entities
786disposing of septage within the Lake Okeechobee watershed and
787the remaining areas of Okeechobee, Glades, and Hendry Counties
788to develop and submit to that agency, by July 1, 2003, an
789agricultural use plan that limits applications based upon
790phosphorus loading. By July 1, 2005, phosphorus concentrations
791originating from these application sites shall not exceed the
792limits established in the district's WOD program.
793     8.  The Department of Agriculture and Consumer Services
794shall initiate rulemaking requiring entities within the Lake
795Okeechobee watershed and the remaining areas of Okeechobee,
796Glades, and Hendry Counties which land-apply animal manure to
797develop conservation or nutrient management plans that limit
798application, based upon phosphorus loading. Such rules may
799include criteria and thresholds for the requirement to develop a
800conservation or nutrient management plan, requirements for plan
801approval, and recordkeeping requirements.
802     9.  Prior to authorizing a discharge into works of the
803district, the district shall require responsible parties to
804demonstrate that proposed changes in land use will not result in
805increased phosphorus loading over that of existing land uses.
806     10.  The district, the department, or the Department of
807Agriculture and Consumer Services, as appropriate, shall
808implement those alternative nutrient reduction technologies
809determined to be feasible pursuant to subparagraph (d)6.
810     Section 3.  Subsection (1) of section 570.085, Florida
811Statutes, is amended to read:
812     570.085  Department of Agriculture and Consumer Services;
813agricultural water conservation.--The department shall establish
814an agricultural water conservation program that includes the
815following:
816     (1)  A cost-share program, coordinated where appropriate
817with the United States Department of Agriculture and other
818federal, state, regional, and local agencies, for irrigation
819system retrofit and application of mobile irrigation laboratory
820evaluations for water conservation as provided in this section
821and, where applicable, for water quality improvement pursuant to
822s. 403.067(7)(c)(d).
823     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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