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Amendment CaShTmL-235826.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 444
                        Barcode 235826
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Ways and Means (Pruitt) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 51, line 29 through page 68 line 17, delete
16  those lines
17  
18  and insert:  
19         Section 15.  Paragraph (d) of subsection (2), and
20  subsections (6), (7), (8), and (11) of section 403.067,
21  Florida Statutes, are amended to read:
22         403.067  Establishment and implementation of total
23  maximum daily loads.--
24         (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
25  with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
26  U.S.C. ss. 1251 et seq., the department must submit
27  periodically to the United States Environmental Protection
28  Agency a list of surface waters or segments for which total
29  maximum daily load assessments will be conducted. The
30  assessments shall evaluate the water quality conditions of the
31  listed waters and, if such waters are determined not to meet
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 water quality standards, total maximum daily loads shall be 2 established, subject to the provisions of subsection (4). The 3 department shall establish a priority ranking and schedule for 4 analyzing such waters. 5 (d) If the department proposes to implement total 6 maximum daily load calculations or allocations established 7 prior to the effective date of this act, the department shall 8 adopt those calculations and allocations by rule by the 9 secretary pursuant to ss. 120.536(1) and 120.54 and paragraph 10 (6)(c) (d). 11 (6) CALCULATION AND ALLOCATION.-- 12 (a) Calculation of total maximum daily load. 13 1. Prior to developing a total maximum daily load 14 calculation for each water body or water body segment on the 15 list specified in subsection (4), the department shall 16 coordinate with applicable local governments, water management 17 districts, the Department of Agriculture and Consumer 18 Services, other appropriate state agencies, local soil and 19 water conservation districts, environmental groups, regulated 20 interests, and affected pollution sources to determine the 21 information required, accepted methods of data collection and 22 analysis, and quality control/quality assurance requirements. 23 The analysis may include mathematical water quality modeling 24 using approved procedures and methods. 25 2. The department shall develop total maximum daily 26 load calculations for each water body or water body segment on 27 the list described in subsection (4) according to the priority 28 ranking and schedule unless the impairment of such waters is 29 due solely to activities other than point and nonpoint sources 30 of pollution. For waters determined to be impaired due solely 31 to factors other than point and nonpoint sources of pollution, 2 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 no total maximum daily load will be required. A total maximum 2 daily load may be required for those waters that are impaired 3 predominantly due to activities other than point and nonpoint 4 sources. The total maximum daily load calculation shall 5 establish the amount of a pollutant that a water body or water 6 body segment may receive from all sources without exceeding 7 water quality standards, and shall account for seasonal 8 variations and include a margin of safety that takes into 9 account any lack of knowledge concerning the relationship 10 between effluent limitations and water quality. The total 11 maximum daily load may be based on a pollutant load reduction 12 goal developed by a water management district, provided that 13 such pollutant load reduction goal is promulgated by the 14 department in accordance with the procedural and substantive 15 requirements of this subsection. 16 (b) Allocation of total maximum daily loads. The total 17 maximum daily loads shall include establishment of reasonable 18 and equitable allocations of the total maximum daily load 19 between or among point and nonpoint sources that will alone, 20 or in conjunction with other management and restoration 21 activities, provide for the attainment of the pollutant 22 reductions established pursuant to paragraph (a) to achieve 23 water quality standards for the pollutant causing impairment 24 water quality standards and the restoration of impaired 25 waters. The allocations may establish the maximum amount of 26 the water pollutant from a given source or category of sources 27 that may be discharged or released into the water body or 28 water body segment in combination with other discharges or 29 releases. Allocations may also be made to individual basins 30 and sources or as a whole to all basins and sources or 31 categories of sources of inflow to the water body or water 3 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 body segments. An initial allocation of allowable pollutant 2 loads among point and nonpoint sources may be developed as 3 part of the total maximum daily load. However, in such cases, 4 the detailed allocation to specific point sources and specific 5 categories of nonpoint sources shall be established in the 6 basin management action plan pursuant to subsection (7). The 7 initial and detailed allocations shall be designed to attain 8 the pollutant reductions established pursuant to paragraph (a) 9 water quality standards and shall be based on consideration of 10 the following: 11 1. Existing treatment levels and management practices; 12 2. Best management practices established and 13 implemented pursuant to paragraph (7)(c); 14 3. Enforceable treatment levels established pursuant 15 to state or local law or permit; 16 4.2. Differing impacts pollutant sources and forms of 17 pollutant may have on water quality; 18 5.3. The availability of treatment technologies, 19 management practices, or other pollutant reduction measures; 20 6.4. Environmental, economic, and technological 21 feasibility of achieving the allocation; 22 7.5. The cost benefit associated with achieving the 23 allocation; 24 8.6. Reasonable timeframes for implementation; 25 9.7. Potential applicability of any moderating 26 provisions such as variances, exemptions, and mixing zones; 27 and 28 10.8. The extent to which nonattainment of water 29 quality standards is caused by pollution sources outside of 30 Florida, discharges that have ceased, or alterations to water 31 bodies prior to the date of this act. 4 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 (c) Not later than February 1, 2001, the department 2 shall submit a report to the Governor, the President of the 3 Senate, and the Speaker of the House of Representatives 4 containing recommendations, including draft legislation, for 5 any modifications to the process for allocating total maximum 6 daily loads, including the relationship between allocations 7 and the watershed or basin management planning process. Such 8 recommendations shall be developed by the department in 9 cooperation with a technical advisory committee which includes 10 representatives of affected parties, environmental 11 organizations, water management districts, and other 12 appropriate local, state, and federal government agencies. The 13 technical advisory committee shall also include such members 14 as may be designated by the President of the Senate and the 15 Speaker of the House of Representatives. 16 (c)(d) Adoption of rules. The total maximum daily load 17 calculations and allocations established under this subsection 18 for each water body or water body segment shall be adopted by 19 rule by the secretary pursuant to ss. 120.536(1), 120.54, and 20 403.805. Where additional data collection and analysis are 21 needed to increase the scientific precision and accuracy of 22 the total maximum daily load, the department is authorized to 23 adopt phased total maximum daily loads that are subject to 24 change as additional data becomes available. Where phased 25 total maximum daily loads are proposed, the department shall, 26 in the detailed statement of facts and circumstances 27 justifying the rule, explain why the data are inadequate so as 28 to justify a phased total maximum daily load. The rules 29 adopted pursuant to this paragraph shall not be subject to 30 approval by the Environmental Regulation Commission. As part 31 of the rule development process, the department shall hold at 5 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 least one public workshop in the vicinity of the water body or 2 water body segment for which the total maximum daily load is 3 being developed. Notice of the public workshop shall be 4 published not less than 5 days nor more than 15 days before 5 the public workshop in a newspaper of general circulation in 6 the county or counties containing the water bodies or water 7 body segments for which the total maximum daily load 8 calculation and allocation are being developed. 9 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 10 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- 11 (a) Basin management action plans.-- 12 1. In developing and implementing the total maximum 13 daily load for a water body, the department, or the department 14 in conjunction with a water management district, may develop a 15 basin management action plan that addresses some or all of the 16 watersheds and basins tributary to the water body. Such a plan 17 shall integrate the appropriate management strategies 18 available to the state through existing water quality 19 protection programs to achieve the total maximum daily loads 20 and may provide for phased implementation of these management 21 strategies to promote timely, cost-effective actions as 22 provided for in s. 403.151. The plan shall establish a 23 schedule for implementing the management strategies, establish 24 a basis for evaluating the plan's effectiveness, and identify 25 feasible funding strategies for implementing the plan's 26 management strategies. The management strategies may include 27 regional treatment systems or other public works, where 28 appropriate, to achieve the needed pollutant load reductions. 29 2. A basin management action plan shall equitably 30 allocate, pursuant to paragraph (6)(b), pollutant reductions 31 to individual basins, as a whole to all basins, or to each 6 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 identified point source or category of nonpoint sources, as 2 appropriate. For nonpoint sources for which best management 3 practices have been adopted, the initial requirement specified 4 by the plan shall be those practices developed pursuant to 5 paragraph (c). Where appropriate, the plan may provide 6 pollutant-load-reduction credits to dischargers that have 7 implemented management strategies to reduce pollutant loads, 8 including best management practices, prior to the development 9 of the basin management action plan. The plan shall also 10 identify the mechanisms by which potential future increases in 11 pollutant loading will be addressed. 12 3. The basin management action planning process is 13 intended to involve the broadest possible range of interested 14 parties, with the objective of encouraging the greatest amount 15 of cooperation and consensus possible. In developing a basin 16 management action plan, the department shall assure that key 17 stakeholders, including, but not limited to, applicable local 18 governments, water management districts, the Department of 19 Agriculture and Consumer Services, other appropriate state 20 agencies, local soil and water conservation districts, 21 environmental groups, regulated interests, and affected 22 pollution sources, are invited to participate in the process. 23 The department shall hold at least one public meeting in the 24 vicinity of the watershed or basin to discuss and receive 25 comments during the planning process and shall otherwise 26 encourage public participation to the greatest practicable 27 extent. Notice of the public meeting shall be published in a 28 newspaper of general circulation in each county in which the 29 watershed or basin lies not less than 5 days nor more than 15 30 days before the public meeting. A basin management action plan 31 shall not supplant or otherwise alter any assessment made 7 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 under subsection (3) or subsection (4) or any calculation or 2 initial allocation. 3 4. The department shall adopt all or any part of a 4 basin management action plan by secretarial order pursuant to 5 chapter 120 to implement the provisions of this section. 6 5. The basin management action plan shall include 7 milestones for implementation and water quality improvement, 8 and an associated water quality monitoring component 9 sufficient to evaluate whether reasonable progress in 10 pollutant load reductions is being achieved over time. An 11 assessment of progress toward these milestones shall be 12 conducted every 5 years, and revisions to the plan shall be 13 made as appropriate. Revisions to the basin management action 14 plan shall be made by the department in cooperation with basin 15 stakeholders. Revisions to the management strategies required 16 for nonpoint sources shall follow the procedures set forth in 17 subparagraph (c)4. Revised basin management action plans 18 shall be adopted pursuant to subparagraph 4. 19 (b)(a) Total maximum daily load implementation.-- 20 1. The department shall be the lead agency in 21 coordinating the implementation of the total maximum daily 22 loads through existing water quality protection programs. 23 Application of a total maximum daily load by a water 24 management district shall be consistent with this section and 25 shall not require the issuance of an order or a separate 26 action pursuant to s. 120.536(1) or s. 120.54 for adoption of 27 the calculation and allocation previously established by the 28 department. Such programs may include, but are not limited to: 29 a.1. Permitting and other existing regulatory 30 programs, including water-quality-based effluent limitations; 31 b.2. Nonregulatory and incentive-based programs, 8 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 including best management practices, cost sharing, waste 2 minimization, pollution prevention, agreements established 3 pursuant to s. 403.061(21), 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. For a basin management action plan adopted pursuant 14 to subparagraph (a)4., any management strategies and pollutant 15 reduction requirements associated with a pollutant of concern 16 for which a total maximum daily load has been developed, 17 including effluent limits set forth for a discharger subject 18 to NPDES permitting, if any, shall be included in a timely 19 manner in subsequent NPDES permits or permit modifications for 20 that discharger. The department shall not impose limits or 21 conditions implementing an adopted total maximum daily load in 22 an NPDES permit until the permit expires, the discharge is 23 modified, or the permit is reopened pursuant to an adopted 24 basin management action plan. 25 a. Absent a detailed allocation, total maximum daily 26 loads shall be implemented through NPDES permit conditions 27 that afford a compliance schedule. In such instances, a 28 facility's NPDES permit shall allow time for the issuance of 29 an order adopting the basin management action plan. The time 30 allowed for the issuance of an order adopting the plan shall 31 not exceed five years. Upon issuance of an order adopting the 9 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 plan, the permit shall be reopened, as necessary, and permit 2 conditions consistent with the plan shall be established. 3 Nothwithstanding the other provisions of this subparagraph, 4 upon request by a NPDES permittee, the department as part of a 5 permit issuance, renewal or modification may establish 6 individual allocations prior to the adoption of a basin 7 management action plan. 8 b. For holders of NPDES municipal separate storm sewer 9 system permits and other stormwater sources, implementation of 10 a total maximum daily load or basin management action plan 11 shall be achieved, to the maximum extent practicable, through 12 the use of best management practices or other management 13 measures. 14 c. The basin management action plan does not relieve 15 the discharger from any requirement to obtain, renew, or 16 modify an NPDES permit or to abide by other requirements of 17 the permit. 18 d. Management strategies set forth in a basin 19 management action plan to be implemented by a discharger 20 subject to permitting by the department shall be completed 21 pursuant to the schedule set forth in the basin management 22 action plan. This implementation schedule may extend beyond 23 the 5-year term of an NPDES permit. 24 e. Management strategies and pollution reduction 25 requirements set forth in a basin management action plan for a 26 specific pollutant of concern shall not be subject to 27 challenge under chapter 120 at the time they are incorporated, 28 in an identical form, into a subsequent NPDES permit or permit 29 modification. 30 f. For nonagricultural pollutant sources not subject 31 to NPDES permitting but permitted pursuant to other state, 10 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 regional, or local water quality programs, the pollutant 2 reduction actions adopted in a basin management action plan 3 shall be implemented to the maximum extent practicable as part 4 of those permitting programs. 5 g. A nonpoint source discharger included in a basin 6 management action plan shall demonstrate compliance with the 7 pollutant reductions established pursuant to subsection (6) by 8 either implementing the appropriate best management practices 9 established pursuant to paragraph (c) or conducting water 10 quality monitoring prescribed by the department or a water 11 management district. 12 h. A nonpoint source discharger included in a basin 13 management action plan may be subject to enforcement action by 14 the department or a water management district based upon a 15 failure to implement the responsibilities set forth in 16 sub-subparagraph g. 17 i. A landowner, discharger, or other responsible 18 person who is implementing applicable management strategies 19 specified in an adopted basin management action plan shall not 20 be required by permit, enforcement action, or otherwise to 21 implement additional management strategies to reduce pollutant 22 loads to attain the pollutant reductions established pursuant 23 to subsection (6) and shall be deemed to be in compliance with 24 this section. This subparagraph does not limit the authority 25 of the department to amend a basin management action plan as 26 specified in subparagraph (a)5. 27 (b) In developing and implementing the total maximum 28 daily load for a water body, the department, or the department 29 in conjunction with a water management district, may develop a 30 watershed or basin management plan that addresses some or all 31 of the watersheds and basins tributary to the water body. 11 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 These plans will serve to fully integrate the management 2 strategies available to the state for the purpose of 3 implementing the total maximum daily loads and achieving water 4 quality restoration. The watershed or basin management 5 planning process is intended to involve the broadest possible 6 range of interested parties, with the objective of encouraging 7 the greatest amount of cooperation and consensus possible. The 8 department or water management district shall hold at least 9 one public meeting in the vicinity of the watershed or basin 10 to discuss and receive comments during the planning process 11 and shall otherwise encourage public participation to the 12 greatest practical extent. Notice of the public meeting shall 13 be published in a newspaper of general circulation in each 14 county in which the watershed or basin lies not less than 5 15 days nor more than 15 days before the public meeting. A 16 watershed or basin management plan shall not supplant or 17 otherwise alter any assessment made under s. 403.086(3) and 18 (4), or any calculation or allocation made under s. 19 403.086(6). 20 (c) Best management practices.-- 21 1. The department, in cooperation with the water 22 management districts and other interested parties, as 23 appropriate, may develop suitable interim measures, best 24 management practices, or other measures necessary to achieve 25 the level of pollution reduction established by the department 26 for nonagricultural nonpoint pollutant sources in allocations 27 developed pursuant to subsection (6) and this subsection 28 paragraph (6)(b). These practices and measures may be adopted 29 by rule by the department and the water management districts 30 pursuant to ss. 120.536(1) and 120.54, and, where adopted by 31 rule, shall may be implemented by those parties responsible 12 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 for nonagricultural nonpoint source pollution pollutant 2 sources and the department and the water management districts 3 shall assist with implementation. Where interim measures, best 4 management practices, or other measures are adopted by rule, 5 the effectiveness of such practices in achieving the levels of 6 pollution reduction established in allocations developed by 7 the department pursuant to paragraph (6)(b) shall be verified 8 by the department. Implementation, in accordance with 9 applicable rules, of practices that have been verified by the 10 department to be effective at representative sites shall 11 provide a presumption of compliance with state water quality 12 standards and release from the provisions of s. 376.307(5) for 13 those pollutants addressed by the practices, and the 14 department is not authorized to institute proceedings against 15 the owner of the source of pollution to recover costs or 16 damages associated with the contamination of surface or ground 17 water caused by those pollutants. Such rules shall also 18 incorporate provisions for a notice of intent to implement the 19 practices and a system to assure the implementation of the 20 practices, including recordkeeping requirements. Where water 21 quality problems are detected despite the appropriate 22 implementation, operation, and maintenance of best management 23 practices and other measures according to rules adopted under 24 this paragraph, the department or the water management 25 districts shall institute a reevaluation of the best 26 management practice or other measures. 27 2.(d)1. The Department of Agriculture and Consumer 28 Services may develop and adopt by rule pursuant to ss. 29 120.536(1) and 120.54 suitable interim measures, best 30 management practices, or other measures necessary to achieve 31 the level of pollution reduction established by the department 13 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 for agricultural pollutant sources in allocations developed 2 pursuant to subsection (6) and this subsection paragraph 3 (6)(b). These practices and measures may be implemented by 4 those parties responsible for agricultural pollutant sources 5 and the department, the water management districts, and the 6 Department of Agriculture and Consumer Services shall assist 7 with implementation. Where interim measures, best management 8 practices, or other measures are adopted by rule, the 9 effectiveness of such practices in achieving the levels of 10 pollution reduction established in allocations developed by 11 the department pursuant to paragraph (6)(b) shall be verified 12 by the department. Implementation, in accordance with 13 applicable rules, of practices that have been verified by the 14 department to be effective at representative sites shall 15 provide a presumption of compliance with state water quality 16 standards and release from the provisions of s. 376.307(5) for 17 those pollutants addressed by the practices, and the 18 department is not authorized to institute proceedings against 19 the owner of the source of pollution to recover costs or 20 damages associated with the contamination of surface or ground 21 water caused by those pollutants. In the process of developing 22 and adopting rules for interim measures, best management 23 practices, or other measures, the Department of Agriculture 24 and Consumer Services shall consult with the department, the 25 Department of Health, the water management districts, 26 representatives from affected farming groups, and 27 environmental group representatives. Such rules shall also 28 incorporate provisions for a notice of intent to implement the 29 practices and a system to assure the implementation of the 30 practices, including recordkeeping requirements. Where water 31 quality problems are detected despite the appropriate 14 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 implementation, operation, and maintenance of best management 2 practices and other measures according to rules adopted under 3 this paragraph, the Department of Agriculture and Consumer 4 Services shall institute a reevaluation of the best management 5 practice or other measure. 6 3. Where interim measures, best management practices, 7 or other measures are adopted by rule, the effectiveness of 8 such practices in achieving the levels of pollution reduction 9 established in allocations developed by the department 10 pursuant to subsection (6) and this subsection shall be 11 verified at representative sites by the department. The 12 department shall use best professional judgment in making the 13 initial verification that the best management practices are 14 effective and, where applicable, shall notify the appropriate 15 water management district and the Department of Agriculture 16 and Consumer Services of its initial verification prior to the 17 adoption of a rule proposed pursuant to this paragraph. 18 Implementation in accordance with rules adopted under this 19 paragraph, of practices that have been initially verified to 20 be effective, or verified to be effective by monitoring at 21 representative sites, by the department, shall provide a 22 presumption of compliance with state water quality standards 23 and release from the provisions of s. 376.307(5) for those 24 pollutants addressed by the practices, and the department is 25 not authorized to institute proceedings against the owner of 26 the source of pollution to recover costs or damages associated 27 with the contamination of surface water or groundwater caused 28 by those pollutants. 29 4. Where water quality problems are demonstrated, 30 despite the appropriate implementation, operation, and 31 maintenance of best management practices and other measures 15 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 according to rules adopted under this paragraph, the 2 department, or a water management district, or the Department 3 of Agriculture and Consumer Services in consultation with the 4 department, shall institute a reevaluation of the best 5 management practice or other measure. Should the reevaluation 6 determine that the best management practice or other measure 7 requires modification, the department, a water management 8 district, or the Department of Agriculture and Consumer 9 Services, as appropriate, shall revise the rule to require 10 implementation of the modified practice within a reasonable 11 time period as specified in the rule. 12 5.2. Individual agricultural records relating to 13 processes or methods of production, or relating to costs of 14 production, profits, or other financial information which are 15 otherwise not public records, which are reported to the 16 Department of Agriculture and Consumer Services pursuant to 17 subparagraphs 3. and 4. this paragraph or pursuant to any rule 18 adopted pursuant to subparagraph 2. this paragraph shall be 19 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 20 of the State Constitution. Upon request of the department or 21 any water management district, the Department of Agriculture 22 and Consumer Services shall make such individual agricultural 23 records available to that agency, provided that the 24 confidentiality specified by this subparagraph for such 25 records is maintained. This subparagraph is subject to the 26 Open Government Sunset Review Act of 1995 in accordance with 27 s. 119.15, and shall stand repealed on October 2, 2006, unless 28 reviewed and saved from repeal through reenactment by the 29 Legislature. 30 6.(e) The provisions of subparagraphs 1. and 2. 31 paragraphs (c) and (d) shall not preclude the department or 16 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 water management district from requiring compliance with water 2 quality standards or with current best management practice 3 requirements set forth in any applicable regulatory program 4 authorized by law for the purpose of protecting water quality. 5 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d) 6 are applicable only to the extent that they do not conflict 7 with any rules adopted promulgated by the department that are 8 necessary to maintain a federally delegated or approved 9 program. 10 (8) RULES.--The department is authorized to adopt 11 rules pursuant to ss. 120.536(1) and 120.54 for: 12 (a) Delisting water bodies or water body segments from 13 the list developed under subsection (4) pursuant to the 14 guidance under subsection (5); 15 (b) Administration of funds to implement the total 16 maximum daily load and basin management action planning 17 programs program; 18 (c) Procedures for pollutant trading among the 19 pollutant sources to a water body or water body segment, 20 including a mechanism for the issuance and tracking of 21 pollutant credits. Such procedures may be implemented through 22 permits or other authorizations and must be legally binding; 23 24 Prior to adopting rules for pollutant trading under this 25 paragraph, and no later than November 30, 2006, the Department 26 of Environmental Protection shall submit a report to the 27 Governor, the President of the Senate, and the Speaker of the 28 House of Representatives containing recommendations on such 29 rules, including the proposed basis for equitable economically 30 based agreements and the tracking and accounting of pollution 31 credits or other similar mechanisms. Such recommendations 17 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 shall be developed in cooperation with a technical advisory 2 committee that includes experts in pollutant trading and 3 representatives of potentially affected parties. . No rule 4 implementing a pollutant trading program shall become 5 effective prior to review and ratification by the Legislature; 6 and 7 (d) The total maximum daily load calculation in 8 accordance with paragraph (6)(a) immediately upon the 9 effective date of this act, for those eight water segments 10 within Lake Okeechobee proper as submitted to the United 11 States Environmental Protection Agency pursuant to subsection 12 (2); and. 13 (e) Any other purpose specifically provided for in 14 this section. 15 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- 16 (a) The department shall not implement, without prior 17 legislative approval, any additional regulatory authority 18 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part 19 130, if such implementation would result in water quality 20 discharge regulation of activities not currently subject to 21 regulation. 22 (b) Interim measures, best management practices, or 23 other measures may be developed and voluntarily implemented 24 pursuant to subparagraphs paragraph (7)(c) 1. or 2. or 25 paragraph (7)(d) for any water body or segment for which a 26 total maximum daily load or allocation has not been 27 established. The implementation of such pollution control 28 programs may be considered by the department in the 29 determination made pursuant to subsection (4). 30 31 (Redesignate subsequent sections.) 18 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 4, line 24, through page 8, line 2, delete 4 those lines 5 6 and insert: 7 individual basins or to each identified point 8 source or category of nonpoint sources; 9 authorizing that plans may provide pollutant 10 load reduction credits to dischargers that have 11 implemented strategies to reduce pollutant 12 loads prior to the development of the basin 13 management action plan; requiring that the plan 14 identify mechanisms by which potential future 15 sources of pollution will be addressed; 16 requiring that the department assure key 17 stakeholder participation in the basin 18 management action planning process; requiring 19 that the department hold at least one public 20 meeting to discuss and receive comments during 21 the planning process; providing notice 22 requirements; requiring that the department 23 adopt all or part of a basin management action 24 plan by secretarial order pursuant to ch. 120, 25 F.S.; requiring that basin management action 26 plans that alter that calculation or initial 27 allocation of a total maximum daily load, the 28 revised calculation, or initial allocation must 29 be adopted by rule; requiring periodic 30 evaluation of basin management action plans; 31 requiring that revisions to plans be made by 19 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 the department in cooperation with 2 stakeholders; providing for basin plan 3 revisions regarding nonpoint pollutant sources; 4 requiring that adopted basin management action 5 plans be included in subsequent NPDES permits 6 or permit modifications; providing that 7 implementation of a total maximum daily load or 8 basin management action plan for holders of an 9 NPDES municipal separate stormwater sewer 10 system permit may be achieved through the use 11 of best management practices; providing that 12 basin management action plans do not relieve a 13 discharger from the requirement to obtain, 14 renew, or modify an NPDES permit or to abide by 15 other requirements of the permit; requiring 16 that plan management strategies be completed 17 pursuant to the schedule set forth in the basin 18 management action plan and providing that the 19 implementation schedule may extend beyond the 20 term of an NPDES permit; providing that 21 management strategies and pollution reduction 22 requirements in a basin management action plan 23 for a specific pollutant of concern are not 24 subject to a challenge under ch. 120, F.S., at 25 the time they are incorporated, in identical 26 form, into a subsequent NPDES permit or permit 27 modification; requiring timely adoption and 28 implementation of pollutant reduction actions 29 for nonagricultural pollutant sources not 30 subject to NPDES permitting but regulated 31 pursuant to other state, regional, or local 20 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 regulatory programs; requiring timely 2 implementation of best management practices for 3 nonpoint pollutant source dischargers not 4 subject to permitting at the time a basin 5 management action plan is adopted; providing 6 for presumption of compliance under certain 7 circumstances; providing for enforcement action 8 by the department or a water management 9 district; requiring that a landowner, 10 discharger, or other responsible person that is 11 implementing management strategies specified in 12 an adopted basin management action plan will 13 not be required by permit, enforcement action, 14 or otherwise to implement additional management 15 strategies to reduce pollutant loads; providing 16 that the authority of the department to amend a 17 basin management plan is not limited; requiring 18 that the department verify at representative 19 sites the effectiveness of interim measures, 20 best management practices, and other measures 21 adopted by rule; requiring that the department 22 use its best professional judgment in making 23 initial verifications that best management 24 practices are not effective; requiring notice 25 to the appropriate water management district 26 and the Department of Agriculture and Consumer 27 Services under certain conditions; establishing 28 a presumption of compliance for implementation 29 of practices initially verified to be effective 30 or verified to be effective at representative 31 sites; limiting the institution of proceedings 21 1:23 PM 04/28/05 s0444.wm28.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 235826 1 by the department against the owner of a source 2 of pollution to recover costs or damages 3 associated with the contamination of surface 4 water or groundwater caused by those 5 pollutants; requiring the Department of 6 Agriculture and Consumer Services to institute 7 a reevaluation of best management practices or 8 other measures where water quality problems are 9 detected or predicted during the development or 10 amendment of a basin management action plan; 11 providing for rule revisions; providing the 12 department with rulemaking authority; requiring 13 that a report be submitted to the Governor, the 14 President of the Senate, and the Speaker of the 15 House of Representatives containing 16 recommendations on rules for pollutant trading 17 prior to the adoption of those rules; requiring 18 that recommendations be developed in 19 cooperation 20 21 22 23 24 25 26 27 28 29 30 31 22 1:23 PM 04/28/05 s0444.wm28.002
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