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Senate Bill 2322

Senate Bill sb2322

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    Florida Senate - 2005                                  SB 2322

    By Senator Alexander





    17-1441-05

  1                      A bill to be entitled

  2         An act relating to restoration of water

  3         quality; amending s. 403.067, F.S.; authorizing

  4         the Department of Environmental Protection to

  5         allocate the total maximum daily pollutant load

  6         between as well as among pollutant sources;

  7         providing for the allocation to attain

  8         pollutant reductions rather than water quality

  9         standards; authorizing a preliminary allocation

10         of pollutant loads; revising factors the

11         department must consider when allocating

12         pollutant loads; eliminating a requirement that

13         the department submit a report regarding the

14         allocation of total maximum daily load;

15         authorizing a phased calculation or allocation

16         of pollutant loads pending availability of

17         data; deleting provisions regarding watershed

18         or basin management planning; providing for

19         development of a basin management action plan

20         by the department or the department and a water

21         management district; providing for the contents

22         of the basin plan; requiring the basin plan to

23         allocate pollutant reduction requirements to

24         various basins or sources; authorizing the plan

25         to provide credits for prior pollutant

26         reductions; requiring the basin plan to

27         identify mechanisms to address future pollutant

28         sources; retaining provisions regarding

29         participation by stakeholders in the plan

30         development process and a required public

31         meeting; authorizing a basin plan that is

                                  1

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    Florida Senate - 2005                                  SB 2322
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 1         adopted by rule to alter a prior calculation or

 2         allocation of total maximum daily pollutant

 3         load by the department; requiring the

 4         department to adopt a basin plan that does not

 5         alter such a prior calculation or allocation by

 6         order; requiring periodic evaluation of an

 7         adopted basin plan and providing for adoption

 8         of plan revisions; requiring the department to

 9         revise basin plans in cooperation with

10         stakeholders; providing for basin plan

11         revisions regarding nonpoint pollutant sources;

12         authorizing the department's use of additional

13         strategies, including an adopted basin plan, to

14         implement pollutant load reductions; providing

15         definitions; requiring incorporation of

16         provisions of an adopted basin plan in certain

17         NPDES permits issued by the department;

18         prohibiting the department from requiring a

19         pollution reduction in the NPDES permits in

20         addition to the incorporated plan provisions;

21         providing that the basin management plan does

22         not relieve a pollutant discharger of certain

23         NPDES permitting requirements; requiring a

24         discharger that is subject to NPDES permitting

25         to complete strategies in the basin plan

26         pursuant to the schedule in the plan; providing

27         for the term of the schedule; exempting certain

28         requirements from the basin plan which are

29         included in a NPDES permit from challenge under

30         ch. 120, F.S.; requiring various regulatory

31         programs to implement actions in an adopted

                                  2

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    Florida Senate - 2005                                  SB 2322
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 1         basin plan to reduce pollution from

 2         nonagricultural sources that are subject to

 3         NPDES permitting; requiring implementation of

 4         best-management practices to reduce certain

 5         pollution by a discharger of nonpoint pollution

 6         that is not subject to NPDES permitting when

 7         the basin plan was adopted; exempting such a

 8         discharger from the requirement to implement

 9         best-management practices upon a certain

10         showing; denying such a discharger who fails to

11         make such a showing eligibility for a

12         presumption of compliance with water quality

13         standards and release of liability to pay the

14         Water Quality Assurance Trust Fund regarding

15         remediation of pollution which bars certain

16         proceedings by the department to recover costs

17         and damages for pollution; limiting the

18         authority of the department and the water

19         management districts to pursue remedies or

20         penalties when such eligibility is denied;

21         prohibiting a permit or other enforcement

22         action that would require a person who is

23         implementing pollutant reduction strategies in

24         an adopted basin plan to implement additional

25         pollutant reduction strategies; creating a

26         presumption that such person is in compliance

27         with provisions regarding development of total

28         maximum daily load calculations; authorizing

29         the department and the water management

30         districts to develop, or to adopt rules

31         specifying, interim measures, best-management

                                  3

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    Florida Senate - 2005                                  SB 2322
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 1         practices, or other measures to achieve the

 2         reductions of nonagricultural, nonpoint

 3         pollution established by various additional

 4         management strategies, including a basin plan

 5         or the department's calculation of total

 6         maximum daily load; requiring a nonagricultural

 7         discharger of nonpoint pollution to implement

 8         the best-management practices or other measures

 9         that are adopted by rule; removing a

10         requirement that the department and the

11         districts assist with implementation; requiring

12         the department to verify the effectiveness of

13         the best-management practices or other measures

14         adopted by rule; deleting a provision that

15         implementation of a measure or practice that

16         the department has verified as effective

17         creates a presumption of compliance with water

18         quality standards and a release of liability to

19         pay the Water Quality Assurance Trust Fund

20         regarding remediation of pollution which bars

21         certain proceedings by the department to

22         recover costs and damages for pollution;

23         deleting a provision requiring a department or

24         district rule adopting best-management

25         practices or other measures to include

26         requirements to assure implementation; deleting

27         a requirement that the department or districts

28         institute a reevaluation if water quality

29         problems are detected despite implementation of

30         a practice or measure adopted by a rule;

31         authorizing the Department of Agriculture and

                                  4

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    Florida Senate - 2005                                  SB 2322
    17-1441-05




 1         Consumer Services to adopt rules specifying

 2         interim measures, best-management practices, or

 3         other measures to achieve the reductions of

 4         agricultural pollutant sources established by

 5         various additional management strategies,

 6         including a basin plan or the department's

 7         calculation of total maximum daily load;

 8         applying provisions relating to development and

 9         implementation of the additional measures or

10         practices; deleting a provision requiring

11         verification of effectiveness of the practices

12         or measures adopted by rule; deleting a

13         provision that implementation of a measure or

14         practice that the department has verified as

15         effective creates a presumption of compliance

16         with water quality standards and a release of

17         liability to pay the Water Quality Assurance

18         Trust Fund regarding remediation of pollution

19         which bars certain proceedings by the

20         department to recover costs and damages for

21         pollution; deleting a provision requiring

22         reevaluation by the Department of Agriculture

23         and Consumer Services when water quality

24         problems are detected despite implementation of

25         a practice or measure adopted by a rule;

26         requiring the Department of Environmental

27         Protection to verify the effectiveness of an

28         interim measure, best-management practice, or

29         other measure that is adopted by rule by the

30         department, the water management districts, or

31         the Department of Agriculture and Consumer

                                  5

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    Florida Senate - 2005                                  SB 2322
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 1         Services; providing for verification of

 2         effectiveness through an initial assessment and

 3         an assessment by monitoring at representative

 4         sites; requiring the department to, where

 5         applicable, notify the Department of

 6         Agriculture and Consumer Services or a water

 7         management district prior to adoption of a rule

 8         proposal that includes a best-management

 9         practice or other measure, if the department's

10         initial assessment cannot verify the

11         effectiveness of the practice or measure;

12         providing that implementation of a measure or

13         practice that the department has verified as

14         effective creates a presumption of compliance

15         with water quality standards and a release from

16         liability to pay the Water Quality Assurance

17         Trust Fund regarding remediation of pollution

18         which bars certain proceedings by the

19         department to recover costs and damages for

20         pollution; requiring the department, or, in

21         consultation with the department, a water

22         management district, or the Department of

23         Agriculture and Consumer Services to institute

24         a reevaluation of a best-management practice or

25         other measure that is adopted by rule if water

26         quality problems are detected or predicted;

27         requiring revisions to rules of the department,

28         the water management districts, or the

29         Department of Agriculture and Consumer

30         Services, as appropriate, when a practice or

31         measure requires modification; providing for

                                  6

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    Florida Senate - 2005                                  SB 2322
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 1         implementation of the modified practice;

 2         conforming a reference to retain the authority

 3         of the department and the water management

 4         districts to require compliance with water

 5         quality standards or best-management practice

 6         requirements; conforming references that

 7         foreclose application of provisions that

 8         conflict with department rules that maintain a

 9         federally delegated or approved program;

10         authorizing rulemaking by the department to

11         implement the basin management action plan

12         program, to implement basin plans through

13         permitting programs of the department or the

14         districts, and to implement various other

15         specific provisions; deleting a requirement for

16         legislative ratification of a water pollutant

17         trading rule of the department; conforming

18         provisions relating to the voluntary

19         implementation of interim measures,

20         best-management practices, and other measures

21         to reduce pollutants in waters where a total

22         maximum daily load has not been calculated or

23         allocated; requiring the department to submit a

24         report to the Governor and the Legislature

25         before adopting rules regarding pollutant

26         trading among water pollution sources; amending

27         ss. 373.4595 and 570.085, F.S.; conforming

28         cross-references; providing an effective date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

                                  7

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    Florida Senate - 2005                                  SB 2322
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 1         Section 1.  Paragraphs (b), (c), and (d) of subsection

 2  (6), subsections (7), (8), (9), and (10), paragraph (b) of

 3  subsection (11), and subsection (12) of section 403.067,

 4  Florida Statutes, are amended to read:

 5         403.067  Establishment and implementation of total

 6  maximum daily loads.--

 7         (6)  CALCULATION AND ALLOCATION.--

 8         (b)  Allocation of total maximum daily loads. The total

 9  maximum daily loads shall include establishment of reasonable

10  and equitable allocations of the total maximum daily load

11  between or among point and nonpoint sources that will alone,

12  or in conjunction with other management and restoration

13  activities, provide for the attainment of the pollutant

14  reductions established pursuant to paragraph (a) to restore

15  the designated uses water quality standards and the

16  restoration of impaired waters. The allocations may establish

17  the maximum amount of the water pollutant from a given source

18  or category of sources that may be discharged or released into

19  the water body or water body segment in combination with other

20  discharges or releases. Allocations may also be made to

21  individual basins and sources or as a whole to all basins and

22  sources or categories of sources of inflow to the water body

23  or water body segments. A preliminary allocation of allowable

24  pollutant loads between point and nonpoint sources may be

25  developed as part of the allocation of the total maximum daily

26  load.  However, in such case, the final allocation to specific

27  point sources and specific categories of nonpoint sources

28  shall be established in the basin management action plan

29  pursuant to subsection (7).  Each allocation, including any

30  such preliminary allocation, Allocations shall be designed to

31  attain the pollutant load reductions established pursuant to

                                  8

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    Florida Senate - 2005                                  SB 2322
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 1  paragraph (a) water quality standards and shall be based on

 2  consideration of the following:

 3         1.  Existing treatment levels and management practices;

 4         2.  Best-management practices established and

 5  implemented pursuant to subsection (7)(c);

 6         3.  Enforceable treatment levels established pursuant

 7  to state or local law or permit;

 8         4.2.  Differing impacts pollutant sources may have on

 9  water quality;

10         5.3.  The availability of treatment technologies,

11  management practices, or other pollutant reduction measures;

12         6.4.  Environmental, economic, and technological

13  feasibility of achieving the allocation;

14         7.5.  The cost benefit associated with achieving the

15  allocation;

16         8.6.  Reasonable timeframes for implementation;

17         9.7.  Potential applicability of any moderating

18  provisions such as variances, exemptions, and mixing zones;

19  and

20         10.8.  The extent to which nonattainment of water

21  quality standards is caused by pollution sources outside of

22  Florida, discharges that have ceased, or alterations to water

23  bodies prior to the date of this act.

24         (c)  Not later than February 1, 2001, the department

25  shall submit a report to the Governor, the President of the

26  Senate, and the Speaker of the House of Representatives

27  containing recommendations, including draft legislation, for

28  any modifications to the process for allocating total maximum

29  daily loads, including the relationship between allocations

30  and the watershed or basin management planning process. Such

31  recommendations shall be developed by the department in

                                  9

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    Florida Senate - 2005                                  SB 2322
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 1  cooperation with a technical advisory committee which includes

 2  representatives of affected parties, environmental

 3  organizations, water management districts, and other

 4  appropriate local, state, and federal government agencies. The

 5  technical advisory committee shall also include such members

 6  as may be designated by the President of the Senate and the

 7  Speaker of the House of Representatives.

 8         (d)  The total maximum daily load calculations and

 9  allocations established under this subsection for each water

10  body or water body segment shall be adopted by rule by the

11  secretary pursuant to ss. 120.536(1), 120.54, and 403.805.

12  When additional data collection and analysis is needed to

13  increase the scientific precision and accuracy of a

14  calculation or an allocation of the total maximum daily load,

15  the department may adopt a phased calculation or allocation of

16  total maximum daily load which establishes an incremental

17  total maximum daily load calculation or allocation until the

18  additional data is available. The rules adopted pursuant to

19  this paragraph are shall not be subject to approval by the

20  Environmental Regulation Commission. As part of the rule

21  development process, the department shall hold at least one

22  public workshop in the vicinity of the water body or water

23  body segment for which the total maximum daily load is being

24  developed. Notice of the public workshop shall be published

25  not less than 5 days nor more than 15 days before the public

26  workshop in a newspaper of general circulation in the county

27  or counties containing the water bodies or water body segments

28  for which the total maximum daily load calculation and

29  allocation are being developed.

30         (7)  DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS AND

31  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

                                  10

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    Florida Senate - 2005                                  SB 2322
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 1         (a)  Basin management action plans.--

 2         1.  In developing and implementing the total maximum

 3  daily load for a water body, the department, or the department

 4  in conjunction with a water management district, may develop a

 5  basin management action plan that addresses some or all of the

 6  watersheds and basins tributary to the water body.  The plan

 7  shall integrate the appropriate management strategies to

 8  achieve pollutant discharges of no more than the total maximum

 9  daily load set for the water body and restoration of the

10  designated use of the water body and shall provide for phased

11  implementation of the management strategies to promote such

12  timely, cost-effective, compliance actions as are provided in

13  s. 403.151.  The plan shall establish a schedule for

14  implementing the management strategies, identify feasible

15  funding strategies to implement the management strategies, and

16  establish a basis for evaluating the effectiveness of the

17  plan.  The management strategies may include regional

18  treatment systems or other public works, where appropriate, to

19  achieve the needed pollutant load reductions.

20         2.  A basin management action plan shall equitably

21  allocate, pursuant to paragraph (6)(b), pollutant reductions

22  to individual basins, as a whole to all basins, or to each

23  identified point source or category of nonpoint sources, as

24  appropriate.  For nonpoint sources for which best-management

25  practices have been adopted, the initial requirement specified

26  by the plan shall be those practices developed pursuant to

27  paragraph (c).  Where appropriate, the plan may provide

28  pollutant-load-reduction credit to dischargers that

29  implemented management strategies to reduce pollutant loads,

30  including best-management practices, prior to the development

31  of the basin management plan.  The plan shall also identify

                                  11

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    Florida Senate - 2005                                  SB 2322
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 1  the mechanisms by which potential future sources of pollution

 2  will be addressed, whether the future source is a result of

 3  the expansion of or increased loading from an existing source,

 4  a land use change, a new discharge, or similar circumstances.

 5         3.  The planning process for the basin management

 6  action plan is intended to involve the broadest possible range

 7  of interested parties, with the objective of encouraging the

 8  greatest amount of cooperation and concensus possible.  In

 9  developing a basin management action plan, the department

10  shall ensure that key stakeholders, including, but not limited

11  to, applicable local governments, water management districts,

12  the Department of Agriculture and Consumer Services, other

13  appropriate state agencies, local soil and water conservation

14  districts, environmental groups, regulated interests, and

15  affected pollution sources are invited to participate in the

16  process. The department shall hold at least one public meeting

17  in the vicinity of the watershed or basin to discuss and

18  receive comments during the planning process and shall

19  otherwise encourage public participation to the greatest

20  practical extent.  Notice of the public meeting shall be

21  published in a newspaper of general circulation in each county

22  in which the watershed or basin lies not less than 5 days or

23  more than 15 days before the public meeting. A basin

24  management action plan may not supplant or otherwise alter an

25  assessment made under subsections (3) and (4) or a calculation

26  or preliminary allocation made under subsection (6), except

27  through rulemaking that supplants or alters the assessment,

28  calculation, or allocation.

29         4.  The department shall adopt all or any part of a

30  basin management action plan by department order pursuant to

31  chapter 120 to administer this section. If a basin management

                                  12

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    Florida Senate - 2005                                  SB 2322
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 1  action plan alters a calculation or preliminary allocation

 2  made under subsection (6), the revised calculation or final

 3  allocation shall be adopted by rule.

 4         5.  The basin management action plan shall be evaluated

 5  on a periodic basis to determine whether its management

 6  strategies are leading to pollutant load reductions in a

 7  timely manner and whether revisions are needed to achieve the

 8  pollutant load reductions specified in the adopted total

 9  maximum daily load.  Revisions to the basin management action

10  plan shall be made by the department in cooperation with basin

11  stakeholders.  Revisions to the management strategies required

12  for nonpoint sources shall follow the procedures in

13  subparagraph (c)4.  Revised basin management action plans

14  shall be adopted pursuant to subparagraph 4.

15         (b)  Total maximum daily load implementation.--

16         1.  The department shall be the lead agency in

17  coordinating the implementation of the total maximum daily

18  pollutant load reductions loads through basin management

19  action plans, water quality protection programs, agreements

20  established pursuant to s. 403.061(21), and other management

21  strategies. Application of a total maximum daily load by a

22  water management district shall be consistent with this

23  section and shall not require the issuance of an order or a

24  separate action pursuant to s. 120.536(1) or s. 120.54 for

25  adoption of the calculation and allocation previously

26  established by the department. Management strategies to reduce

27  pollutant discharges to the total maximum daily load Such

28  programs may include, but are not limited to:

29         a.1.  Permitting and other existing regulatory

30  programs;

31  

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    Florida Senate - 2005                                  SB 2322
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 1         b.2.  Nonregulatory and incentive-based programs,

 2  including best management practices, cost sharing, waste

 3  minimization, pollution prevention, and public education;

 4         c.3.  Other water quality management and restoration

 5  activities, for example surface water improvement and

 6  management plans approved by water management districts or

 7  watershed or basin management action plans developed pursuant

 8  to this subsection;

 9         d.4.  Pollutant trading or other equitable economically

10  based agreements;

11         e.5.  Public works including capital facilities; or

12         f.6.  Land acquisition.

13         2.  As used in this subparagraph, the term "pollutant

14  of concern" means pollutant for which a total maximum daily

15  load was developed and the term "NPDES permit" means a permit

16  authorized under s. 403.0885 and the national pollutant

17  discharge elimination system permitting program.  For a basin

18  management action plan adopted pursuant to subparagraph (a)4.,

19  the specific management strategies and pollutant-reduction

20  requirements associated with a pollutant of concern, including

21  effluent limits set for a discharger subject to NPDES

22  permitting, shall be included, in a timely manner, in

23  subsequent NPDES permits or permit modifications for that

24  discharger.  For a holder of a NPDES municipal separate storm

25  sewer system permit, implementation of a total maximum daily

26  load or basin management action plan may be achieved through

27  the use of best-management practices.

28         a.  The department may not impose in a NPDES permit

29  additional pollution-reduction requirements for a pollutant of

30  concern until such time as the total maximum daily load or the

31  

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 1  basin management action plan is revised, the NPDES permit

 2  expires, or the NPDES permit holder modifies its discharge.

 3         b.  The basin management action plan does not relieve

 4  the discharger from the requirement to obtain, renew, or

 5  modify a NPDES permit or to abide by other requirements of the

 6  permit, including effluent limits and other requirements

 7  associated with other pollutants.

 8         c.  Management strategies in a basin management action

 9  plan to be implemented by a discharger subject to NPDES

10  permitting by the department shall be completed pursuant to

11  the schedule set forth in the basin management action plan.

12  This implementation schedule may extend beyond the 5-year term

13  of a NPDES permit.

14         d.  A management strategy or pollution reduction

15  requirement in a basin management action plan for a specific

16  pollutant of concern is not subject to challenge under chapter

17  120 at the time it is incorporated, in an identical form, into

18  a subsequent NPDES permit or permit modification.

19         e.  For pollutant sources that are not agricultural and

20  not subject to NPDES permitting but regulated pursuant to

21  other state, regional, or local regulatory programs, the

22  pollutant reduction actions adopted pursuant to paragraph (a)

23  shall be adopted and implemented in a timely manner as part of

24  those regulatory programs.

25         f.  Except as provided in sub-subparagraph g., a

26  discharger of agricultural or nonagricultural nonpoint

27  pollution that is not subject to NPDES permitting at the time

28  the basin management action plan is adopted shall timely

29  implement the appropriate best-management practices

30  established pursuant to paragraph (c) as set forth in the

31  

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 1  basin management action plan to attain the pollutant

 2  reductions established pursuant to paragraph (6)(a).

 3         g.  A discharger may be exempted from sub-subparagraph

 4  f. if it submits information to the department, including

 5  water quality data, in the manner and timeframe prescribed by

 6  the department, which provides reasonable assurance that its

 7  activities do not and will not cause or contribute to a

 8  violation of state water quality standards.  If the discharger

 9  cannot make the required demonstration, it shall comply with

10  the requirements specified in sub-subparagraph f.

11         h.  A discharger that does not comply with

12  sub-subparagraph f. or sub-subparagraph g. is not eligible for

13  the presumption of compliance with state water quality

14  standards and release from the provisions of s. 376.307(5)

15  granted in subparagraph (c)3. and may be subject to

16  enforcement action by the department or a water management

17  district pursuant to s. 403.121.  Such enforcement shall be

18  based solely on the failure of the entity to timely implement

19  its responsibilities set forth in the basin management action

20  plan.

21         i.  A landowner, discharger, or other responsible

22  person that is implementing the management strategies

23  specified in an adopted basin management action plan may not

24  be required by permit, enforcement action, or other action of

25  the state to implement additional management strategies to

26  reduce pollutant loads to attain the pollution reductions

27  established pursuant to paragraph (6)(a) and shall be deemed

28  to be in compliance with such paragraph. This does not limit

29  the authority of the department to amend a basin management

30  action plan as specified in subparagraph (a)5.

31  

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 1         (b)  In developing and implementing the total maximum

 2  daily load for a water body, the department, or the department

 3  in conjunction with a water management district, may develop a

 4  watershed or basin management plan that addresses some or all

 5  of the watersheds and basins tributary to the water body.

 6  These plans will serve to fully integrate the management

 7  strategies available to the state for the purpose of

 8  implementing the total maximum daily loads and achieving water

 9  quality restoration. The watershed or basin management

10  planning process is intended to involve the broadest possible

11  range of interested parties, with the objective of encouraging

12  the greatest amount of cooperation and consensus possible. The

13  department or water management district shall hold at least

14  one public meeting in the vicinity of the watershed or basin

15  to discuss and receive comments during the planning process

16  and shall otherwise encourage public participation to the

17  greatest practical extent. Notice of the public meeting shall

18  be published in a newspaper of general circulation in each

19  county in which the watershed or basin lies not less than 5

20  days nor more than 15 days before the public meeting. A

21  watershed or basin management plan shall not supplant or

22  otherwise alter any assessment made under s. 403.086(3) and

23  (4), or any calculation or allocation made under s.

24  403.086(6).

25         (c)  Best-management practices.--

26         1.  The department, in cooperation with the water

27  management districts and other interested parties, as

28  appropriate, may develop suitable interim measures,

29  best-management best management practices, or other measures

30  necessary to achieve the level of pollution reduction

31  established by the department for nonagricultural nonpoint

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    Florida Senate - 2005                                  SB 2322
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 1  pollutant sources in allocations developed pursuant to

 2  subsection (6) and this subsection paragraph (6)(b). These

 3  practices and measures may be adopted by rule by the

 4  department and the water management districts pursuant to ss.

 5  120.536(1) and 120.54, and, where adopted by rule, shall may

 6  be implemented by those persons parties responsible for the

 7  discharge of nonagricultural nonpoint pollution pollutant

 8  sources and the department and the water management districts

 9  shall assist with implementation. Where interim measures,

10  best-management best management practices, or other measures

11  are adopted by rule, the effectiveness of such practices in

12  achieving the levels of pollution reduction established in

13  allocations developed by the department pursuant to subsection

14  (6) and this subsection paragraph (6)(b) shall be verified by

15  the department. Implementation, in accordance with applicable

16  rules, of practices that have been verified by the department

17  to be effective at representative sites shall provide a

18  presumption of compliance with state water quality standards

19  and release from the provisions of s. 376.307(5) for those

20  pollutants addressed by the practices, and the department is

21  not authorized to institute proceedings against the owner of

22  the source of pollution to recover costs or damages associated

23  with the contamination of surface or ground water caused by

24  those pollutants. Such rules shall also incorporate provisions

25  for a notice of intent to implement the practices and a system

26  to assure the implementation of the practices, including

27  recordkeeping requirements. Where water quality problems are

28  detected despite the appropriate implementation, operation,

29  and maintenance of best management practices and other

30  measures according to rules adopted under this paragraph, the

31  department or the water management districts shall institute a

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 1  reevaluation of the best management practice or other

 2  measures.

 3         2.(d)1.  The Department of Agriculture and Consumer

 4  Services may develop and adopt by rule pursuant to ss.

 5  120.536(1) and 120.54 suitable interim measures, best

 6  management practices, or other measures necessary to achieve

 7  the level of pollution reduction established by the department

 8  for agricultural pollutant sources in allocations developed

 9  pursuant to subsection (6) and this subsection paragraph

10  (6)(b). These practices and measures may be implemented by

11  those parties responsible for agricultural pollutant sources

12  and the department, the water management districts, and the

13  Department of Agriculture and Consumer Services shall assist

14  with implementation. Where interim measures, best management

15  practices, or other measures are adopted by rule, the

16  effectiveness of such practices in achieving the levels of

17  pollution reduction established in allocations developed by

18  the department pursuant to paragraph (6)(b) shall be verified

19  by the department.  Implementation, in accordance with

20  applicable rules, of practices that have been verified by the

21  department to be effective at representative sites shall

22  provide a presumption of compliance with state water quality

23  standards and release from the provisions of s. 376.307(5) for

24  those pollutants addressed by the practices, and the

25  department is not authorized to institute proceedings against

26  the owner of the source of pollution to recover costs or

27  damages associated with the contamination of surface or ground

28  water caused by those pollutants. In the process of developing

29  and adopting rules for interim measures, best management

30  practices, or other measures, the Department of Agriculture

31  and Consumer Services shall consult with the department, the

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 1  Department of Health, the water management districts,

 2  representatives from affected farming groups, and

 3  environmental group representatives. Such rules shall also

 4  incorporate provisions for a notice of intent to implement the

 5  practices and a system to assure the implementation of the

 6  practices, including recordkeeping requirements.

 7         3.  When the department, a water management district,

 8  or the Department of Agriculture and Consumer Services adopts

 9  an interim measure, best-management practice, or other measure

10  by rule, the effectiveness of such a practice or measure in

11  achieving the levels of pollution reduction which are

12  established in an allocation of total maximum daily load

13  established pursuant to subsection (6) and this subsection

14  must be assessed, at representative sites, by the department.

15  In assessing such effectiveness, the department shall make an

16  initial assessment, using its best professional judgment, and

17  an assessment by monitoring at representative sites. The

18  department shall, where applicable, notify the appropriate

19  water management district or the Department of Agriculture and

20  Consumer Services, prior to the adoption of a rule that is

21  authorized by this paragraph, if the effectiveness of such a

22  practice or measure cannot be verified by an initial

23  assessment. Implementation, in accordance with the rules

24  adopted under this paragraph, of the best-management practices

25  that the department, whether through the initial assessment or

26  the assessment by monitoring, has verified as effective

27  provides a presumption of compliance with state water quality

28  standards and release from the provisions of s. 376.307(5) for

29  a pollutant addressed by the practices, and the department may

30  not institute a proceeding against an owner of the source of

31  

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 1  pollution to recover costs or damages associated with the

 2  contamination of surface or ground water by such a pollutant.

 3         4.  If water quality problems are detected or predicted

 4  during the development or amendment of a basin management

 5  action plan, despite the appropriate implementation,

 6  operation, and maintenance of best-management practices and

 7  other measures according to rules adopted under this

 8  paragraph, the department, or a water management district or

 9  the Department of Agriculture and Consumer Services, in

10  consultation with the department, shall institute a

11  reevaluation of the best-management practice or other measure.

12  If the reevaluation determines that the best-management

13  practice or other measure requires modification, the

14  department, the water management district, or the Department

15  of Agriculture and Consumer Services, as appropriate, shall

16  revise the rule to require implementation of the modified

17  practice within a reasonable time, which period must be

18  specified by rule. Where water quality problems are detected

19  despite the appropriate implementation, operation, and

20  maintenance of best management practices and other measures

21  according to rules adopted under this paragraph, the

22  Department of Agriculture and Consumer Services shall

23  institute a reevaluation of the best management practice or

24  other measure.

25         5.2.  Individual agricultural records relating to

26  processes or methods of production, or relating to costs of

27  production, profits, or other financial information which are

28  otherwise not public records, which are reported to the

29  Department of Agriculture and Consumer Services pursuant to

30  this paragraph or pursuant to any rule adopted pursuant to

31  this paragraph shall be confidential and exempt from s.

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 1  119.07(1) and s. 24(a), Art. I of the State Constitution. Upon

 2  request of the department or any water management district,

 3  the Department of Agriculture and Consumer Services shall make

 4  such individual agricultural records available to that agency,

 5  provided that the confidentiality specified by this

 6  subparagraph for such records is maintained. This subparagraph

 7  is subject to the Open Government Sunset Review Act of 1995 in

 8  accordance with s. 119.15, and shall stand repealed on October

 9  2, 2006, unless reviewed and saved from repeal through

10  reenactment by the Legislature.

11         6.(e)  Subparagraphs 1. and 2. do The provisions of

12  paragraphs (c) and (d) shall not preclude the department or

13  water management district from requiring compliance with water

14  quality standards or with current best management practice

15  requirements set forth in an any applicable regulatory program

16  authorized by law for the purpose of protecting water quality.

17  Additionally, subparagraphs 1. and 2. apply paragraphs (c) and

18  (d) are applicable only to the extent that they do not

19  conflict with a rule of any rules promulgated by the

20  department that is are necessary to maintain a federally

21  delegated or approved program.

22         (8)  RULES.--The department may is authorized to adopt

23  rules pursuant to ss. 120.536(1) and 120.54 for:

24         (a)  Delisting water bodies or water body segments from

25  the list developed under subsection (4) pursuant to the

26  guidance under subsection (5);

27         (b)  Administration of funds to implement the total

28  maximum daily load and basin management action planning

29  program;

30         (c)  Procedures for pollutant trading among the

31  pollutant sources to a water body or water body segment,

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 1  including a mechanism for the issuance and tracking of

 2  pollutant credits. Such procedures may be implemented through

 3  permits or other authorizations and must be legally binding.

 4         (d)  Implementation of basin management action plans

 5  through permitting or other programs under this chapter and

 6  chapter 373. No rule implementing a pollutant trading program

 7  shall become effective prior to review and ratification by the

 8  Legislature; and

 9         (e)(d)  The total maximum daily load calculation in

10  accordance with paragraph (6)(a) immediately upon the

11  effective date of this act, for those eight water segments

12  within Lake Okeechobee proper as submitted to the United

13  States Environmental Protection Agency pursuant to subsection

14  (2); and.

15         (f)  Implementation of other specific provisions in

16  this section.

17         (9)  APPLICATION.--The provisions of This section is

18  are intended to supplement existing law, and nothing in this

19  section shall be construed as altering any applicable state

20  water quality standards or as restricting the authority

21  otherwise granted to the department or a water management

22  district under this chapter or chapter 373. The exclusive

23  means of state implementation of s. 303(d) of the Clean Water

24  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. shall be

25  in accordance with the identification, assessment, calculation

26  and allocation, and implementation provisions of this section.

27         (10)  CONSTRUCTION.--Nothing in This section does not

28  limit shall be construed as limiting the applicability or

29  consideration of any mixing zone, variance, exemption, site

30  specific alternative criteria, or other moderating provision.

31         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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 1         (b)  Interim measures, best management practices, or

 2  other measures may be developed and voluntarily implemented

 3  pursuant to subparagraph (7)(c)1. or subparagraph (7)(c)2.

 4  paragraph (7)(c) or paragraph (7)(d) for any water body or

 5  segment for which a total maximum daily load or allocation is

 6  has not been established. The implementation of such pollution

 7  control programs may be considered by the department in the

 8  determination made pursuant to subsection (4).

 9         (12)  In order to provide adequate due process while

10  ensuring timely development of total maximum daily loads,

11  proposed rules and orders authorized by this act shall be

12  ineffective pending resolution of an administrative proceeding

13  under a s. 120.54(3), s. 120.56, s. 120.569, or s. 120.57

14  administrative proceeding. However, the department may go

15  forward prior to resolution of such administrative

16  proceedings, with subsequent agency actions authorized by

17  subsections (2)-(6), if provided that the department can

18  support and substantiate those actions using the underlying

19  bases for the rules or orders without the benefit of any legal

20  presumption favoring, or in deference to, the challenged rules

21  or orders.

22         Section 2.  Before adopting a rule for pollutant

23  trading under section 403.068(8)(c), Florida Statutes, and no

24  later than November 30, 2006, the Department of Environmental

25  Protection shall submit a report to the Governor, the

26  President of the Senate, and the Speaker of the House of

27  Representatives which includes the recommendations of the

28  department concerning such rules, including the proposals of

29  the department regarding the basis for equitable economically

30  based agreements and the tracking and accounting of pollution

31  credits or other similar mechanisms.  Such recommendations

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 1  must be developed in cooperation with a technical advisory

 2  committee, convened by the department, which includes experts

 3  in pollutant trading and representatives of potentially

 4  affected persons.

 5         Section 3.  Paragraph (c) of subsection (3) of section

 6  373.4595, Florida Statutes, is amended to read:

 7         373.4595  Lake Okeechobee Protection Program.--

 8         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

 9  program for Lake Okeechobee that achieves phosphorus load

10  reductions for Lake Okeechobee shall be immediately

11  implemented as specified in this subsection. The program shall

12  address the reduction of phosphorus loading to the lake from

13  both internal and external sources. Phosphorus load reductions

14  shall be achieved through a phased program of implementation.

15  Initial implementation actions shall be technology-based,

16  based upon a consideration of both the availability of

17  appropriate technology and the cost of such technology, and

18  shall include phosphorus reduction measures at both the source

19  and the regional level. The initial phase of phosphorus load

20  reductions shall be based upon the district's Technical

21  Publication 81-2 and the district's WOD program, with

22  subsequent phases of phosphorus load reductions based upon the

23  total maximum daily loads established in accordance with s.

24  403.067. In the development and administration of the Lake

25  Okeechobee Protection Program, the coordinating agencies shall

26  maximize opportunities provided by federal cost-sharing

27  programs and opportunities for partnerships with the private

28  sector.

29         (c)  Lake Okeechobee Watershed Phosphorus Control

30  Program.--The Lake Okeechobee Watershed Phosphorus Control

31  Program is designed to be a multifaceted approach to reducing

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 1  phosphorus loads by improving the management of phosphorus

 2  sources within the Lake Okeechobee watershed through continued

 3  implementation of existing regulations and best management

 4  practices, development and implementation of improved best

 5  management practices, improvement and restoration of the

 6  hydrologic function of natural and managed systems, and

 7  utilization of alternative technologies for nutrient

 8  reduction. The coordinating agencies shall facilitate the

 9  application of federal programs that offer opportunities for

10  water quality treatment, including preservation, restoration,

11  or creation of wetlands on agricultural lands.

12         1.  Agricultural nonpoint source best management

13  practices, developed in accordance with s. 403.067 and

14  designed to achieve the objectives of the Lake Okeechobee

15  Protection Program, shall be implemented on an expedited

16  basis. By March 1, 2001, the coordinating agencies shall

17  develop an interagency agreement pursuant to ss. 373.046 and

18  373.406(5) that assures the development of best management

19  practices that complement existing regulatory programs and

20  specifies how those best management practices are implemented

21  and verified. The interagency agreement shall address measures

22  to be taken by the coordinating agencies during any best

23  management practice reevaluation performed pursuant to

24  sub-subparagraph d. The department shall use best professional

25  judgment in making the initial determination of best

26  management practice effectiveness.

27         a.  As provided in s. 403.067(7)(d), By October 1,

28  2000, the Department of Agriculture and Consumer Services, in

29  consultation with the department, the district, and affected

30  parties, shall initiate rule development for interim measures,

31  best management practices, conservation plans, nutrient

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 1  management plans, or other measures necessary for Lake

 2  Okeechobee phosphorus load reduction. The rule shall include

 3  thresholds for requiring conservation and nutrient management

 4  plans and criteria for the contents of such plans. Development

 5  of agricultural nonpoint source best management practices

 6  shall initially focus on those priority basins listed in

 7  subparagraph (b)1. The Department of Agriculture and Consumer

 8  Services, in consultation with the department, the district,

 9  and affected parties, shall conduct an ongoing program for

10  improvement of existing and development of new interim

11  measures or best management practices for the purpose of

12  adoption of such practices by rule.

13         b.  Where agricultural nonpoint source best management

14  practices or interim measures have been adopted by rule of the

15  Department of Agriculture and Consumer Services, the owner or

16  operator of an agricultural nonpoint source addressed by such

17  rule shall either implement interim measures or best

18  management practices or demonstrate compliance with the

19  district's WOD program by conducting monitoring prescribed by

20  the department or the district. Owners or operators of

21  agricultural nonpoint sources who implement interim measures

22  or best management practices adopted by rule of the Department

23  of Agriculture and Consumer Services shall be subject to the

24  provisions of s. 403.067(7). The Department of Agriculture and

25  Consumer Services, in cooperation with the department and the

26  district, shall provide technical and financial assistance for

27  implementation of agricultural best management practices,

28  subject to the availability of funds.

29         c.  The district or department shall conduct monitoring

30  at representative sites to verify the effectiveness of

31  agricultural nonpoint source best management practices.

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 1         d.  Where water quality problems are detected for

 2  agricultural nonpoint sources despite the appropriate

 3  implementation of adopted best management practices, the

 4  Department of Agriculture and Consumer Services, in

 5  consultation with the other coordinating agencies and affected

 6  parties, shall institute a reevaluation of the best management

 7  practices and make appropriate changes to the rule adopting

 8  best management practices.

 9         2.  Nonagricultural nonpoint source best management

10  practices, developed in accordance with s. 403.067 and

11  designed to achieve the objectives of the Lake Okeechobee

12  Protection Program, shall be implemented on an expedited

13  basis. By March 1, 2001, the department and the district shall

14  develop an interagency agreement pursuant to ss. 373.046 and

15  373.406(5) that assures the development of best management

16  practices that complement existing regulatory programs and

17  specifies how those best management practices are implemented

18  and verified. The interagency agreement shall address measures

19  to be taken by the department and the district during any best

20  management practice reevaluation performed pursuant to

21  sub-subparagraph d.

22         a.  The department and the district are directed to

23  work with the University of Florida's Institute of Food and

24  Agricultural Sciences to develop appropriate nutrient

25  application rates for all nonagricultural soil amendments in

26  the watershed. As provided in s. 403.067(7)(c), By January 1,

27  2001, the department, in consultation with the district and

28  affected parties, shall develop interim measures, best

29  management practices, or other measures necessary for Lake

30  Okeechobee phosphorus load reduction. Development of

31  nonagricultural nonpoint source best management practices

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 1  shall initially focus on those priority basins listed in

 2  subparagraph (b)1. The department, the district, and affected

 3  parties shall conduct an ongoing program for improvement of

 4  existing and development of new interim measures or best

 5  management practices. The district shall adopt

 6  technology-based standards under the district's WOD program

 7  for nonagricultural nonpoint sources of phosphorus.

 8         b.  Where nonagricultural nonpoint source best

 9  management practices or interim measures have been developed

10  by the department and adopted by the district, the owner or

11  operator of a nonagricultural nonpoint source shall implement

12  interim measures or best management practices and be subject

13  to the provisions of s. 403.067(7). The department and

14  district shall provide technical and financial assistance for

15  implementation of nonagricultural nonpoint source best

16  management practices, subject to the availability of funds.

17         c.  The district or the department shall conduct

18  monitoring at representative sites to verify the effectiveness

19  of nonagricultural nonpoint source best management practices.

20         d.  Where water quality problems are detected for

21  nonagricultural nonpoint sources despite the appropriate

22  implementation of adopted best management practices, the

23  department and the district shall institute a reevaluation of

24  the best management practices.

25         3.  The provisions of subparagraphs 1. and 2. shall not

26  preclude the department or the district from requiring

27  compliance with water quality standards or with current best

28  management practices requirements set forth in any applicable

29  regulatory program authorized by law for the purpose of

30  protecting water quality. Additionally, Subparagraphs 1. and

31  2. apply are applicable only to the extent that they do not

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 1  conflict with a rule of any rules promulgated by the

 2  department that is are necessary to maintain a federally

 3  delegated or approved program.

 4         4.  Projects which reduce the phosphorus load

 5  originating from domestic wastewater systems within the Lake

 6  Okeechobee watershed shall be given funding priority in the

 7  department's revolving loan program under s. 403.1835. The

 8  department shall coordinate and provide assistance to those

 9  local governments seeking financial assistance for such

10  priority projects.

11         5.  Projects that make use of private lands, or lands

12  held in trust for Indian tribes, to reduce nutrient loadings

13  or concentrations within a basin by one or more of the

14  following methods: restoring the natural hydrology of the

15  basin, restoring wildlife habitat or impacted wetlands,

16  reducing peak flows after storm events, increasing aquifer

17  recharge, or protecting range and timberland from conversion

18  to development, are eligible for grants available under this

19  section from the coordinating agencies.  For projects of

20  otherwise equal priority, special funding priority will be

21  given to those projects that make best use of the methods

22  outlined above that involve public-private partnerships or

23  that obtain federal match money. Preference ranking above the

24  special funding priority will be given to projects located in

25  a rural area of critical economic concern designated by the

26  Governor. Grant applications may be submitted by any person or

27  tribal entity, and eligible projects may include, but are not

28  limited to, the purchase of conservation and flowage

29  easements, hydrologic restoration of wetlands, creating

30  treatment wetlands, development of a management plan for

31  

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 1  natural resources, and financial support to implement a

 2  management plan.

 3         6.a.  The department shall require all entities

 4  disposing of domestic wastewater residuals within the Lake

 5  Okeechobee watershed and the remaining areas of Okeechobee,

 6  Glades, and Hendry Counties to develop and submit to the

 7  department an agricultural use plan that limits applications

 8  based upon phosphorus loading. By July 1, 2005, phosphorus

 9  concentrations originating from these application sites shall

10  not exceed the limits established in the district's WOD

11  program.

12         b.  Private and government-owned utilities within

13  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

14  River, Okeechobee, Highlands, Hendry, and Glades Counties that

15  dispose of wastewater residual sludge from utility operations

16  and septic removal by land spreading in the Lake Okeechobee

17  watershed may use a line item on local sewer rates to cover

18  wastewater residual treatment and disposal if such disposal

19  and treatment is done by approved alternative treatment

20  methodology at a facility located within the areas designated

21  by the Governor as rural areas of critical economic concern

22  pursuant to s. 288.0656. This additional line item is an

23  environmental protection disposal fee above the present sewer

24  rate and shall not be considered a part of the present sewer

25  rate to customers, notwithstanding provisions to the contrary

26  in chapter 367. The fee shall be established by the county

27  commission or its designated assignee in the county in which

28  the alternative method treatment facility is located. The fee

29  shall be calculated to be no higher than that necessary to

30  recover the facility's prudent cost of providing the service.

31  Upon request by an affected county commission, the Florida

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 1  Public Service Commission will provide assistance in

 2  establishing the fee. Further, For utilities and utility

 3  authorities that use the additional line item environmental

 4  protection disposal fee, such fee shall not be considered a

 5  rate increase under the rules of the Public Service Commission

 6  and shall be exempt from such rules. Utilities using the

 7  provisions of this section may immediately include in their

 8  sewer invoicing the new environmental protection disposal fee.

 9  Proceeds from this environmental protection disposal fee shall

10  be used for treatment and disposal of wastewater residuals,

11  including any treatment technology that helps reduce the

12  volume of residuals that require final disposal, but such

13  proceeds shall not be used for transportation or shipment

14  costs for disposal or any costs relating to the land

15  application of residuals in the Lake Okeechobee watershed.

16         c.  No less frequently than once every 3 years, the

17  Florida Public Service Commission or the county commission

18  through the services of an independent auditor shall perform a

19  financial audit of all facilities receiving compensation from

20  an environmental protection disposal fee. The Florida Public

21  Service Commission or the county commission through the

22  services of an independent auditor shall also perform an audit

23  of the methodology used in establishing the environmental

24  protection disposal fee. The Florida Public Service Commission

25  or the county commission shall, within 120 days after

26  completion of an audit, file the audit report with the

27  President of the Senate and the Speaker of the House of

28  Representatives and shall provide copies to the county

29  commissions of the counties set forth in sub-subparagraph b.

30  The books and records of any facilities receiving compensation

31  from an environmental protection disposal fee shall be open to

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 1  the Florida Public Service Commission and the Auditor General

 2  for review upon request.

 3         7.  The Department of Health shall require all entities

 4  disposing of septage within the Lake Okeechobee watershed and

 5  the remaining areas of Okeechobee, Glades, and Hendry Counties

 6  to develop and submit to that agency, by July 1, 2003, an

 7  agricultural use plan that limits applications based upon

 8  phosphorus loading.  By July 1, 2005, phosphorus

 9  concentrations originating from these application sites shall

10  not exceed the limits established in the district's WOD

11  program.

12         8.  The Department of Agriculture and Consumer Services

13  shall initiate rulemaking requiring entities within the Lake

14  Okeechobee watershed and the remaining areas of Okeechobee,

15  Glades, and Hendry Counties which land-apply animal manure to

16  develop conservation or nutrient management plans that limit

17  application, based upon phosphorus loading. Such rules may

18  include criteria and thresholds for the requirement to develop

19  a conservation or nutrient management plan, requirements for

20  plan approval, and recordkeeping requirements.

21         9.  Prior to authorizing a discharge into works of the

22  district, the district shall require responsible parties to

23  demonstrate that proposed changes in land use will not result

24  in increased phosphorus loading over that of existing land

25  uses.

26         10.  The district, the department, or the Department of

27  Agriculture and Consumer Services, as appropriate, shall

28  implement those alternative nutrient reduction technologies

29  determined to be feasible pursuant to subparagraph (d)6.

30         Section 4.  Subsection (1) of section 570.085, Florida

31  Statutes, is amended to read:

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 1         570.085  Department of Agriculture and Consumer

 2  Services; agricultural water conservation.--The department

 3  shall establish an agricultural water conservation program

 4  that includes the following:

 5         (1)  A cost-share program, coordinated where

 6  appropriate with the United States Department of Agriculture

 7  and other federal, state, regional, and local agencies, for

 8  irrigation system retrofit and application of mobile

 9  irrigation laboratory evaluations for water conservation as

10  provided in this section and, where applicable, for water

11  quality improvement pursuant to s. 403.067(7)(c) s.

12  403.067(7)(d).

13         Section 5.  This act shall take effect upon becoming a

14  law.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Modifies a program of Department of Environmental
      Protection regarding the total maximum daily pollutant
 4    load of a water body and watershed or basin management
      planning.  Allows the department to allocate the total
 5    maximum daily pollutant load between as well as among
      sources. Authorizes a preliminary allocation of pollutant
 6    loads. Revises factors the department must consider when
      allocating pollutant loads. Authorizes a phased
 7    calculation or allocation of pollutant loads when data is
      unavailable. Provides for development of a basin
 8    management action plan by the department or the
      department and a water management district that allocates
 9    pollutant reductions and addresses future pollutant
      sources. Authorizes credits for prior pollutant
10    reductions. Provides for stakeholder participation in
      plan development. Authorizes a basin plan that is adopted
11    by rule to alter a prior calculation or allocation of
      total maximum daily pollutant load by the department.
12    Requires the department to adopt a basin plan that does
      not alter such a prior calculation or allocation by
13    order. Provides for evaluation and revision of an adopted
      basin plan. Authorizes the department's use of additional
14    strategies, including an adopted basin plan, to implement
      pollutant load reductions. Requires incorporation of an
15    adopted basin plan in NPDES permits and prohibits
      additional pollution reduction requirements in that
16    permit. Requires certain pollutant dischargers to
      complete strategies in the basin plan. Exempts
17    requirements from the basin plan which are included in a
      NPDES permit from challenge under the Administrative
18    Procedure Act. Requires various regulatory programs to
      implement actions in an adopted basin plan relating to
19    nonagricultural point sources. Requires best-management
      practices to reduce certain pollution by a discharger of
20    nonpoint pollution absent a certain showing. Denies, to a
      discharger who fails to make the showing, a presumption
21    of compliance with water quality standards and release of
      liability to pay the Water Quality Assurance Trust Fund
22    regarding remediation of pollution which bars certain
      proceedings by the department to recover costs and
23    damages for pollution. Limits the authority of the
      department and the water management districts to pursue
24    remedies or penalties when the presumption is denied.
      Prohibits a state permit, enforcement, or action that
25    would require a person who is implementing pollutant
      reduction strategies in an adopted basin plan to
26    implement additional pollutant reduction strategies.
      Creates presumption that such person is in compliance
27    with certain provisions. Authorizes the department and
      the districts to develop, or to adopt rules specifying,
28    interim measures, best-management practices, or other
      measures to achieve the reductions of nonagricultural
29    nonpoint pollution established by various additional
      management strategies, including a basin plan or the
30    department's calculation of total maximum daily load.
      Requires a nonagricultural discharger of nonpoint
31    pollution to implement best-management practices or other
      measures adopted by rule. Removes requirement that the
                                  35

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






    Florida Senate - 2005                                  SB 2322
    17-1441-05




 1    department and the districts help with implementation and
      include in rules requirements to assure implementation.
 2    Authorizes the Department of Agriculture and Consumer
      Services to adopt rules specifying interim measures,
 3    best-management practices, or other measures to achieve
      the reductions of agricultural pollutant sources
 4    established by various additional management strategies.
      Requires the Department of Environmental Protection to
 5    verify the effectiveness of a measure or practice that is
      adopted by rule by the department, the water management
 6    districts, or the Department of Agriculture and Consumer
      Services. Provides for verification of effectiveness
 7    through an initial assessment and an assessment by
      monitoring at representative sites. Directs the
 8    department to notify the Department of Agriculture and
      Consumer Services or a district before such entities
 9    adopt a rule proposal that includes a best-management
      practice or other measure, if the department's initial
10    assessment cannot verify the effectiveness of the
      practice or measure. Provides that implementation of a
11    measure or practice that the department has verified as
      effective creates a presumption of compliance with water
12    quality standards and a release from liability to pay the
      Water Quality Assurance Trust Fund regarding remediation
13    of pollution which bars certain proceedings by the
      department to recover costs and damages for pollution.
14    Requires the department, or, in consultation with the
      department, a water management district or the Department
15    of Agriculture and Consumer Services, to reevaluate a
      practice or other measure that is adopted by rule where
16    water quality problems are detected or predicted.
      Requires revision to rules of the department, the water
17    management districts, or the Department of Agriculture
      and Consumer Services, when a practice or measure
18    requires modification. Authorizes rulemaking by the
      department. Removes requirement for legislative
19    ratification of a water pollutant trading rule. Requires
      the department to submit a report before adopting a water
20    pollutant source trading rule. Makes conforming
      amendments to laws relating to Lake Okeechobee protection
21    and Department of Agriculture and Consumer Services water
      conservation. (See bill for details.)
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  36

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

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