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Amendment CaShTmL-391664.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2322
                        Barcode 391664
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Agriculture (Haridopolos) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (d) of subsection (2) and
19  subsections (6), (7), (8), and (11) of section 403.067,
20  Florida Statutes, are amended to read:
21         403.067  Establishment and implementation of total
22  maximum daily loads.--
23         (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
24  with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
25  U.S.C. ss. 1251 et seq., the department must submit
26  periodically to the United States Environmental Protection
27  Agency a list of surface waters or segments for which total
28  maximum daily load assessments will be conducted. The
29  assessments shall evaluate the water quality conditions of the
30  listed waters and, if such waters are determined not to meet
31  water quality standards, total maximum daily loads shall be
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 established, subject to the provisions of subsection (4). The 2 department shall establish a priority ranking and schedule for 3 analyzing such waters. 4 (d) If the department proposes to implement total 5 maximum daily load calculations or allocations established 6 prior to the effective date of this act, the department shall 7 adopt those calculations and allocations by rule by the 8 secretary pursuant to ss. 120.536(1) and 120.54 and paragraph 9 (6)(c)(d). 10 (6) CALCULATION AND ALLOCATION.-- 11 (a) Calculation of total maximum daily load.-- 12 1. Prior to developing a total maximum daily load 13 calculation for each water body or water body segment on the 14 list specified in subsection (4), the department shall 15 coordinate with applicable local governments, water management 16 districts, the Department of Agriculture and Consumer 17 Services, other appropriate state agencies, local soil and 18 water conservation districts, environmental groups, regulated 19 interests, and affected pollution sources to determine the 20 information required, accepted methods of data collection and 21 analysis, and quality control/quality assurance requirements. 22 The analysis may include mathematical water quality modeling 23 using approved procedures and methods. 24 2. The department shall develop total maximum daily 25 load calculations for each water body or water body segment on 26 the list described in subsection (4) according to the priority 27 ranking and schedule unless the impairment of such waters is 28 due solely to activities other than point and nonpoint sources 29 of pollution. For waters determined to be impaired due solely 30 to factors other than point and nonpoint sources of pollution, 31 no total maximum daily load will be required. A total maximum 2 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 daily load may be required for those waters that are impaired 2 predominantly due to activities other than point and nonpoint 3 sources. The total maximum daily load calculation shall 4 establish the amount of a pollutant that a water body or water 5 body segment may receive from all sources without exceeding 6 water quality standards, and shall account for seasonal 7 variations and include a margin of safety that takes into 8 account any lack of knowledge concerning the relationship 9 between effluent limitations and water quality. The total 10 maximum daily load may be based on a pollutant load reduction 11 goal developed by a water management district, provided that 12 such pollutant load reduction goal is promulgated by the 13 department in accordance with the procedural and substantive 14 requirements of this subsection. 15 (b) Allocation of total maximum daily loads.--The 16 total maximum daily loads shall include establishment of 17 reasonable and equitable allocations of the total maximum 18 daily load between or among point and nonpoint sources that 19 will alone, or in conjunction with other management and 20 restoration activities, provide for the attainment of the 21 pollutant reductions established pursuant to paragraph (a) to 22 achieve water quality standards for the pollutant causing 23 impairment and the restoration of impaired waters. The 24 allocations may establish the maximum amount of the water 25 pollutant which from a given source or category of sources 26 that may be discharged or released into the water body or 27 water body segment in combination with other discharges or 28 releases. Allocations may also be made to individual basins 29 and sources or as a whole to all basins and sources or 30 categories of sources of inflow to the water body or water 31 body segments. An initial allocation of allowable pollutant 3 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 loads among point and nonpoint sources may be developed as 2 part of the total maximum daily load. However, in such cases, 3 the detailed allocation to specific point sources and specific 4 categories of nonpoint sources shall be established in the 5 basin management action plan pursuant to subsection (7). The 6 initial and detailed allocations shall be designed to attain 7 the pollutant reductions established pursuant to paragraph (a) 8 water quality standards and shall be based on consideration of 9 the following: 10 1. Existing treatment levels and management practices; 11 2. Best management practices established and 12 implemented pursuant to paragraph (7)(c); 13 3. Enforceable treatment levels established pursuant 14 to state or local law or permit; 15 4.2. Differing impacts pollutant sources and forms of 16 pollution may have on water quality; 17 5.3. The availability of treatment technologies, 18 management practices, or other pollutant reduction measures; 19 6.4. Environmental, economic, and technological 20 feasibility of achieving the allocation; 21 7.5. The cost benefit associated with achieving the 22 allocation; 23 8.6. Reasonable timeframes for implementation; 24 9.7. Potential applicability of any moderating 25 provisions such as variances, exemptions, and mixing zones; 26 and 27 10.8. The extent to which nonattainment of water 28 quality standards is caused by pollution sources outside of 29 Florida, discharges that have ceased, or alterations to water 30 bodies prior to the date of this act. 31 (c) Not later than February 1, 2001, the department 4 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 shall submit a report to the Governor, the President of the 2 Senate, and the Speaker of the House of Representatives 3 containing recommendations, including draft legislation, for 4 any modifications to the process for allocating total maximum 5 daily loads, including the relationship between allocations 6 and the watershed or basin management planning process. Such 7 recommendations shall be developed by the department in 8 cooperation with a technical advisory committee which includes 9 representatives of affected parties, environmental 10 organizations, water management districts, and other 11 appropriate local, state, and federal government agencies. The 12 technical advisory committee shall also include such members 13 as may be designated by the President of the Senate and the 14 Speaker of the House of Representatives. 15 (c)(d) Adoption of rules.--The total maximum daily 16 load calculations and allocations established under this 17 subsection for each water body or water body segment shall be 18 adopted by rule by the secretary pursuant to ss. 120.536(1), 19 120.54, and 403.805. Where additional data collection and 20 analysis are needed to increase the scientific precision and 21 accuracy of the total maximum daily load, the department may 22 adopt phased total maximum daily loads that are subject to 23 change as additional data becomes available. Where phased 24 total maximum daily loads are proposed, the department shall, 25 in the detailed statement of facts and circumstances 26 justifying the rule, explain why the data are inadequate so as 27 to justify a phased total maximum daily load. The rules 28 adopted pursuant to this paragraph shall not be subject to 29 approval by the Environmental Regulation Commission. As part 30 of the rule development process, the department shall hold at 31 least one public workshop in the vicinity of the water body or 5 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 water body segment for which the total maximum daily load is 2 being developed. Notice of the public workshop shall be 3 published not less than 5 days nor more than 15 days before 4 the public workshop in a newspaper of general circulation in 5 the county or counties containing the water bodies or water 6 body segments for which the total maximum daily load 7 calculation and allocation are being developed. 8 (7) DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS; 9 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS ; BEST MANAGEMENT 10 PRACTICES.-- 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 load 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 to implement the plan's management 26 strategies. The management strategies may include regional 27 treatment systems or other public works, where appropriate, to 28 achieve the needed pollutant load reductions. 29 2. A basin management action plan shall, pursuant to 30 paragraph (6)(b), equitably allocate pollutant reductions to 31 individual basins, as a whole to all basins, or to each 6 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 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 credit to those 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 also shall 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 ensure 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 practical 27 extent. Not fewer than 5 days or more than 15 days before the 28 public meeting, notice of the public meeting shall be 29 published in a newspaper of general circulation in each county 30 in which the watershed or basin lies. A basin management 31 action plan shall not supplant or otherwise alter any 7 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 assessment made under subsection (3) or subsection (4), or any 2 calculation or preliminary allocation made under subsection 3 (6). 4 4. The department shall adopt all or any part of a 5 basin management action plan by secretarial order pursuant to 6 chapter 120 to implement this section. 7 5. The basin management action plan must include 8 milestones for implementation and water quality improvement, 9 and an associated water quality monitoring component 10 sufficient to evaluate whether reasonable progress in 11 pollutant load reductions is being achieved over time. An 12 assessment of progress toward these milestones shall be 13 conducted every 5 years, and revisions to the plan shall be 14 made as appropriate. Revisions to the basin management action 15 plan shall be made by the department in cooperation with basin 16 stakeholders. Revisions to the management strategies required 17 for nonpoint sources shall follow the procedures set forth in 18 subparagraph (c)4. Revised basin management action plans shall 19 be adopted pursuant to subparagraph 4. 20 (b) Total maximum daily load implementation.-- 21 1.(a) The department shall be the lead agency in 22 coordinating the implementation of the total maximum daily 23 loads through existing water quality protection programs. 24 Application of a total maximum daily load by a water 25 management district shall be consistent with this section and 26 shall not require the issuance of an order or a separate 27 action pursuant to s. 120.536(1) or s. 120.54 for adoption of 28 the calculation and allocation previously established by the 29 department. Such programs may include, but are not limited to: 30 a.1. Permitting and other existing regulatory 31 programs, including water-quality-based effluent limitations; 8 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 b.2. Nonregulatory and incentive-based programs, 2 including best management practices, cost sharing, waste 3 minimization, pollution prevention, agreements established 4 pursuant to s. 403.061(21), and public education; 5 c.3. Other water quality management and restoration 6 activities, for example surface water improvement and 7 management plans approved by water management districts or 8 watershed or basin management action plans developed pursuant 9 to this subsection; 10 d.4. Pollutant trading or other equitable economically 11 based agreements; 12 e.5. Public works including capital facilities; or 13 f.6. Land acquisition. 14 2. For a basin management action plan adopted pursuant 15 to subparagraph (a)4., any management strategies and pollutant 16 reduction requirements associated with a pollutant of concern 17 for which a total maximum daily load was developed, including 18 effluent limits set forth for a discharger subject to NPDES 19 permitting, if any, shall be included in subsequent NPDES 20 permits or permit modifications for that discharger in a 21 timely manner. The department shall not impose limits or 22 conditions implementing an adopted total maximum daily load in 23 a NPDES permit until the permit expires, the discharge is 24 modified, or the permit is reopened pursuant to an adopted 25 basin management action plan. 26 a. For holders of NPDES municipal separate storm sewer 27 system permits and other stormwater sources, implementation of 28 a total maximum daily load or basin management action plan 29 shall be achieved, to the maximum extent practicable, through 30 the use of best management practices or other management 31 measures. 9 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 b. The basin management action plan does not relieve 2 the discharger from any requirement to obtain, renew, or 3 modify a NPDES permit or to abide by other requirements of the 4 permit. 5 c. Management strategies set forth in a basin 6 management action plan to be implemented by a discharger 7 subject to permitting by the department shall be completed 8 pursuant to the schedule set forth in the basin management 9 action plan. This implementation schedule may extend beyond 10 the 5-year term of a NPDES permit. 11 d. Management strategies and pollution reduction 12 requirements set forth in a basin management action plan for a 13 specific pollutant of concern shall not be subject to 14 challenge under chapter 120 at the time they are incorporated, 15 in an identical form, into a subsequent NPDES permit or permit 16 modification. 17 e. For nonagricultural pollutant sources not subject 18 to NPDES permitting but permitted pursuant to other state, 19 regional, or local water quality programs, the pollutant 20 reduction actions adopted in a basin management action plan 21 shall be implemented to the maximum extent practicable as part 22 of those permitting programs. 23 f. A nonpoint pollutant source discharger included in 24 a basin management action plan shall demonstrate compliance 25 with the pollutant reductions established pursuant to 26 subsection (6) by implementing the appropriate best management 27 practices established pursuant to paragraph (c) or by 28 conducting the water quality monitoring prescribed by the 29 department or a water management district. 30 g. A nonpoint pollutant source discharger included in 31 a basin management action plan may be subject to enforcement 10 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 action by the department or a water management district based 2 upon the failure to implement the responsibilities in 3 sub-subparagraph f. 4 h. A landowner, discharger, or other responsible 5 person who is implementing applicable management strategies 6 specified in an adopted basin management action plan shall not 7 be required by permit, enforcement action, or otherwise to 8 implement additional management strategies to reduce pollutant 9 loads to attain the pollutant reductions established pursuant 10 to subsection (6) and shall be deemed to be in compliance with 11 this section. This subparagraph does not limit the authority 12 of the department to amend a basin management action plan as 13 specified in subparagraph (a)5. 14 (b) In developing and implementing the total maximum 15 daily load for a water body, the department, or the department 16 in conjunction with a water management district, may develop a 17 watershed or basin management plan that addresses some or all 18 of the watersheds and basins tributary to the water body. 19 These plans will serve to fully integrate the management 20 strategies available to the state for the purpose of 21 implementing the total maximum daily loads and achieving water 22 quality restoration. The watershed or basin management 23 planning process is intended to involve the broadest possible 24 range of interested parties, with the objective of encouraging 25 the greatest amount of cooperation and consensus possible. The 26 department or water management district shall hold at least 27 one public meeting in the vicinity of the watershed or basin 28 to discuss and receive comments during the planning process 29 and shall otherwise encourage public participation to the 30 greatest practical extent. Notice of the public meeting shall 31 be published in a newspaper of general circulation in each 11 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 county in which the watershed or basin lies not less than 5 2 days nor more than 15 days before the public meeting. A 3 watershed or basin management plan shall not supplant or 4 otherwise alter any assessment made under s. 403.086(3) and 5 (4), or any calculation or allocation made under s. 6 403.086(6). 7 (c) Best management practices.-- 8 1. The department, in cooperation with the water 9 management districts and other interested parties, as 10 appropriate, may develop suitable interim measures, best 11 management practices, or other measures necessary to achieve 12 the level of pollution reduction established by the department 13 for nonagricultural nonpoint pollutant sources in allocations 14 developed pursuant to this subsection and subsection (6) 15 paragraph (6)(b). These practices and measures may be adopted 16 by rule by the department and the water management districts 17 pursuant to ss. 120.536(1) and 120.54, and, where adopted by 18 rule, shall may be implemented by those parties responsible 19 for nonagricultural nonpoint source pollution pollutant 20 sources and the department and the water management districts 21 shall assist with implementation. Where interim measures, best 22 management practices, or other measures are adopted by rule, 23 the effectiveness of such practices in achieving the levels of 24 pollution reduction established in allocations developed by 25 the department pursuant to paragraph (6)(b) shall be verified 26 by the department. Implementation, in accordance with 27 applicable rules, of practices that have been verified by the 28 department to be effective at representative sites shall 29 provide a presumption of compliance with state water quality 30 standards and release from the provisions of s. 376.307(5) for 31 those pollutants addressed by the practices, and the 12 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 department is not authorized to institute proceedings against 2 the owner of the source of pollution to recover costs or 3 damages associated with the contamination of surface or ground 4 water caused by those pollutants. Such rules shall also 5 incorporate provisions for a notice of intent to implement the 6 practices and a system to assure the implementation of the 7 practices, including recordkeeping requirements. Where water 8 quality problems are detected despite the appropriate 9 implementation, operation, and maintenance of best management 10 practices and other measures according to rules adopted under 11 this paragraph, the department or the water management 12 districts shall institute a reevaluation of the best 13 management practice or other measures. 14 2.(d)1. The Department of Agriculture and Consumer 15 Services may develop and adopt by rule pursuant to ss. 16 120.536(1) and 120.54 suitable interim measures, best 17 management practices, or other measures necessary to achieve 18 the level of pollution reduction established by the department 19 for agricultural pollutant sources in allocations developed 20 pursuant to this subsection and subsection (6) paragraph 21 (6)(b). These practices and measures may be implemented by 22 those parties responsible for agricultural pollutant sources 23 and the department, the water management districts, and the 24 Department of Agriculture and Consumer Services shall assist 25 with implementation. Where interim measures, best management 26 practices, or other measures are adopted by rule, the 27 effectiveness of such practices in achieving the levels of 28 pollution reduction established in allocations developed by 29 the department pursuant to paragraph (6)(b) shall be verified 30 by the department. Implementation, in accordance with 31 applicable rules, of practices that have been verified by the 13 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 department to be effective at representative sites shall 2 provide a presumption of compliance with state water quality 3 standards and release from the provisions of s. 376.307(5) for 4 those pollutants addressed by the practices, and the 5 department is not authorized to institute proceedings against 6 the owner of the source of pollution to recover costs or 7 damages associated with the contamination of surface or ground 8 water caused by those pollutants. In the process of developing 9 and adopting rules for interim measures, best management 10 practices, or other measures, the Department of Agriculture 11 and Consumer Services shall consult with the department, the 12 Department of Health, the water management districts, 13 representatives from affected farming groups, and 14 environmental group representatives. Such rules shall also 15 incorporate provisions for a notice of intent to implement the 16 practices and a system to assure the implementation of the 17 practices, including recordkeeping requirements. Where water 18 quality problems are detected despite the appropriate 19 implementation, operation, and maintenance of best management 20 practices and other measures according to rules adopted under 21 this paragraph, the Department of Agriculture and Consumer 22 Services shall institute a reevaluation of the best management 23 practice or other measure. 24 3. Where interim measures, best management practices, 25 or other measures are adopted by rule, the effectiveness of 26 such practices in achieving the levels of pollution reduction 27 established in allocations developed by the department 28 pursuant to this subsection and subsection (6) shall be 29 verified at representative sites by the department. The 30 department shall use best professional judgment in making the 31 initial verification that the best management practices are 14 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 effective and, where applicable, shall notify the appropriate 2 water management district or the Department of Agriculture and 3 Consumer Services of its initial verification prior to the 4 adoption of a rule proposed pursuant to this paragraph. 5 Implementation, in accordance with rules adopted under this 6 paragraph, of practices that have been initially verified to 7 be effective, or verified to be effective by monitoring at 8 representative sites, by the department shall provide a 9 presumption of compliance with state water quality standards 10 and release from the provisions of s. 376.307(5) for those 11 pollutants addressed by the practices, and the department is 12 not authorized to institute proceedings against the owner of 13 the source of pollution to recover costs or damages associated 14 with the contamination of surface or ground water caused by 15 those pollutants. 16 4. Where water quality problems are demonstrated 17 during the development or amendment of a basin management 18 action plan, despite the appropriate implementation, 19 operation, and maintenance of best management practices and 20 other measures according to rules adopted under this 21 paragraph, the department, or a water management district or 22 the Department of Agriculture and Consumer Services in 23 consultation with the department, shall institute a 24 reevaluation of the best management practice or other measure. 25 Should the reevaluation determine that the best management 26 practice or other measure requires modification, the 27 department, a water management district, or the Department of 28 Agriculture and Consumer Services, as appropriate, shall 29 revise the rule to require implementation of the modified 30 practice within a reasonable time period as specified in the 31 rule. 15 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 5.2. Individual agricultural records relating to 2 processes or methods of production, or relating to costs of 3 production, profits, or other financial information which are 4 otherwise not public records, which are reported to the 5 Department of Agriculture and Consumer Services pursuant to 6 subparagraphs 3. and 4. this paragraph or pursuant to any rule 7 adopted pursuant to subparagraph 2. this paragraph shall be 8 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 9 of the State Constitution. Upon request of the department or 10 any water management district, the Department of Agriculture 11 and Consumer Services shall make such individual agricultural 12 records available to that agency, provided that the 13 confidentiality specified by this subparagraph for such 14 records is maintained. This subparagraph is subject to the 15 Open Government Sunset Review Act of 1995 in accordance with 16 s. 119.15, and shall stand repealed on October 2, 2006, unless 17 reviewed and saved from repeal through reenactment by the 18 Legislature. 19 6.(e) The provisions of subparagraphs 1. and 2. 20 paragraphs (c) and (d) shall not preclude the department or 21 water management district from requiring compliance with water 22 quality standards or with current best management practice 23 requirements set forth in any applicable regulatory program 24 authorized by law for the purpose of protecting water quality. 25 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d) 26 are applicable only to the extent that they do not conflict 27 with any rules adopted promulgated by the department that are 28 necessary to maintain a federally delegated or approved 29 program. 30 (8) RULES.--The department is authorized to adopt 31 rules pursuant to ss. 120.536(1) and 120.54 for: 16 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 (a) Delisting water bodies or water body segments from 2 the list developed under subsection (4) pursuant to the 3 guidance under subsection (5).; 4 (b) Administration of funds to implement the total 5 maximum daily load and basin management action planning 6 program.; 7 (c) Procedures for pollutant trading among the 8 pollutant sources to a water body or water body segment, 9 including a mechanism for the issuance and tracking of 10 pollutant credits. Such procedures may be implemented through 11 permits or other authorizations and must be legally binding. 12 Prior to adopting rules for pollutant trading under this 13 paragraph, and no later than November 30, 2006, the Department 14 of Environmental Protection shall submit to the Governor, the 15 President of the Senate, and the Speaker of the House of 16 Representatives a report containing recommendations on such 17 rules, including the proposed basis for equitable economically 18 based agreements and the tracking and accounting of pollution 19 credits or other similar mechanisms. Such recommendations 20 shall be developed in cooperation with a technical advisory 21 committee that includes representatives of environmental 22 organizations, industry, local government, homebuilders, water 23 management districts, agriculture, stormwater utilities, and 24 municipal utilities. No rule implementing a pollutant trading 25 program shall become effective prior to review and 26 ratification by the Legislature; and 27 (d) The total maximum daily load calculation in 28 accordance with paragraph (6)(a) immediately upon the 29 effective date of this act, for those eight water segments 30 within Lake Okeechobee proper as submitted to the United 31 States Environmental Protection Agency pursuant to subsection 17 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 (2). 2 (e) Any other purpose specifically provided for in 3 this section. 4 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- 5 (a) The department shall not implement, without prior 6 legislative approval, any additional regulatory authority 7 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part 8 130, if such implementation would result in water quality 9 discharge regulation of activities not currently subject to 10 regulation. 11 (b) Interim measures, best management practices, or 12 other measures may be developed and voluntarily implemented 13 pursuant to subparagraph (7)(c)1. or subparagraph (7)(c)2. 14 paragraph (7)(c) or paragraph (7)(d) for any water body or 15 segment for which a total maximum daily load or allocation has 16 not been established. The implementation of such pollution 17 control programs may be considered by the department in the 18 determination made pursuant to subsection (4). 19 Section 2. Paragraph (c) of subsection (3) of section 20 373.4595, Florida Statutes, is amended to read: 21 373.4595 Lake Okeechobee Protection Program.-- 22 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection 23 program for Lake Okeechobee that achieves phosphorus load 24 reductions for Lake Okeechobee shall be immediately 25 implemented as specified in this subsection. The program shall 26 address the reduction of phosphorus loading to the lake from 27 both internal and external sources. Phosphorus load reductions 28 shall be achieved through a phased program of implementation. 29 Initial implementation actions shall be technology-based, 30 based upon a consideration of both the availability of 31 appropriate technology and the cost of such technology, and 18 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 shall include phosphorus reduction measures at both the source 2 and the regional level. The initial phase of phosphorus load 3 reductions shall be based upon the district's Technical 4 Publication 81-2 and the district's WOD program, with 5 subsequent phases of phosphorus load reductions based upon the 6 total maximum daily loads established in accordance with s. 7 403.067. In the development and administration of the Lake 8 Okeechobee Protection Program, the coordinating agencies shall 9 maximize opportunities provided by federal cost-sharing 10 programs and opportunities for partnerships with the private 11 sector. 12 (c) Lake Okeechobee Watershed Phosphorus Control 13 Program.--The Lake Okeechobee Watershed Phosphorus Control 14 Program is designed to be a multifaceted approach to reducing 15 phosphorus loads by improving the management of phosphorus 16 sources within the Lake Okeechobee watershed through continued 17 implementation of existing regulations and best management 18 practices, development and implementation of improved best 19 management practices, improvement and restoration of the 20 hydrologic function of natural and managed systems, and 21 utilization of alternative technologies for nutrient 22 reduction. The coordinating agencies shall facilitate the 23 application of federal programs that offer opportunities for 24 water quality treatment, including preservation, restoration, 25 or creation of wetlands on agricultural lands. 26 1. Agricultural nonpoint source best management 27 practices, developed in accordance with s. 403.067 and 28 designed to achieve the objectives of the Lake Okeechobee 29 Protection Program, shall be implemented on an expedited 30 basis. By March 1, 2001, the coordinating agencies shall 31 develop an interagency agreement pursuant to ss. 373.046 and 19 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 373.406(5) that assures the development of best management 2 practices that complement existing regulatory programs and 3 specifies how those best management practices are implemented 4 and verified. The interagency agreement shall address measures 5 to be taken by the coordinating agencies during any best 6 management practice reevaluation performed pursuant to 7 sub-subparagraph d. The department shall use best professional 8 judgment in making the initial determination of best 9 management practice effectiveness. 10 a. As provided in s. 403.067(7)(c)(d), by October 1, 11 2000, the Department of Agriculture and Consumer Services, in 12 consultation with the department, the district, and affected 13 parties, shall initiate rule development for interim measures, 14 best management practices, conservation plans, nutrient 15 management plans, or other measures necessary for Lake 16 Okeechobee phosphorus load reduction. The rule shall include 17 thresholds for requiring conservation and nutrient management 18 plans and criteria for the contents of such plans. Development 19 of agricultural nonpoint source best management practices 20 shall initially focus on those priority basins listed in 21 subparagraph (b)1. The Department of Agriculture and Consumer 22 Services, in consultation with the department, the district, 23 and affected parties, shall conduct an ongoing program for 24 improvement of existing and development of new interim 25 measures or best management practices for the purpose of 26 adoption of such practices by rule. 27 b. Where agricultural nonpoint source best management 28 practices or interim measures have been adopted by rule of the 29 Department of Agriculture and Consumer Services, the owner or 30 operator of an agricultural nonpoint source addressed by such 31 rule shall either implement interim measures or best 20 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 management practices or demonstrate compliance with the 2 district's WOD program by conducting monitoring prescribed by 3 the department or the district. Owners or operators of 4 agricultural nonpoint sources who implement interim measures 5 or best management practices adopted by rule of the Department 6 of Agriculture and Consumer Services shall be subject to the 7 provisions of s. 403.067(7). The Department of Agriculture and 8 Consumer Services, in cooperation with the department and the 9 district, shall provide technical and financial assistance for 10 implementation of agricultural best management practices, 11 subject to the availability of funds. 12 c. The district or department shall conduct monitoring 13 at representative sites to verify the effectiveness of 14 agricultural nonpoint source best management practices. 15 d. Where water quality problems are detected for 16 agricultural nonpoint sources despite the appropriate 17 implementation of adopted best management practices, the 18 Department of Agriculture and Consumer Services, in 19 consultation with the other coordinating agencies and affected 20 parties, shall institute a reevaluation of the best management 21 practices and make appropriate changes to the rule adopting 22 best management practices. 23 2. Nonagricultural nonpoint source best management 24 practices, developed in accordance with s. 403.067 and 25 designed to achieve the objectives of the Lake Okeechobee 26 Protection Program, shall be implemented on an expedited 27 basis. By March 1, 2001, the department and the district shall 28 develop an interagency agreement pursuant to ss. 373.046 and 29 373.406(5) that assures the development of best management 30 practices that complement existing regulatory programs and 31 specifies how those best management practices are implemented 21 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 and verified. The interagency agreement shall address measures 2 to be taken by the department and the district during any best 3 management practice reevaluation performed pursuant to 4 sub-subparagraph d. 5 a. The department and the district are directed to 6 work with the University of Florida's Institute of Food and 7 Agricultural Sciences to develop appropriate nutrient 8 application rates for all nonagricultural soil amendments in 9 the watershed. As provided in s. 403.067(7)(c), by January 1, 10 2001, the department, in consultation with the district and 11 affected parties, shall develop interim measures, best 12 management practices, or other measures necessary for Lake 13 Okeechobee phosphorus load reduction. Development of 14 nonagricultural nonpoint source best management practices 15 shall initially focus on those priority basins listed in 16 subparagraph (b)1. The department, the district, and affected 17 parties shall conduct an ongoing program for improvement of 18 existing and development of new interim measures or best 19 management practices. The district shall adopt 20 technology-based standards under the district's WOD program 21 for nonagricultural nonpoint sources of phosphorus. 22 b. Where nonagricultural nonpoint source best 23 management practices or interim measures have been developed 24 by the department and adopted by the district, the owner or 25 operator of a nonagricultural nonpoint source shall implement 26 interim measures or best management practices and be subject 27 to the provisions of s. 403.067(7). The department and 28 district shall provide technical and financial assistance for 29 implementation of nonagricultural nonpoint source best 30 management practices, subject to the availability of funds. 31 c. The district or the department shall conduct 22 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 monitoring at representative sites to verify the effectiveness 2 of nonagricultural nonpoint source best management practices. 3 d. Where water quality problems are detected for 4 nonagricultural nonpoint sources despite the appropriate 5 implementation of adopted best management practices, the 6 department and the district shall institute a reevaluation of 7 the best management practices. 8 3. The provisions of subparagraphs 1. and 2. shall not 9 preclude the department or the district from requiring 10 compliance with water quality standards or with current best 11 management practices requirements set forth in any applicable 12 regulatory program authorized by law for the purpose of 13 protecting water quality. Additionally, subparagraphs 1. and 14 2. are applicable only to the extent that they do not conflict 15 with any rules promulgated by the department that are 16 necessary to maintain a federally delegated or approved 17 program. 18 4. Projects which reduce the phosphorus load 19 originating from domestic wastewater systems within the Lake 20 Okeechobee watershed shall be given funding priority in the 21 department's revolving loan program under s. 403.1835. The 22 department shall coordinate and provide assistance to those 23 local governments seeking financial assistance for such 24 priority projects. 25 5. Projects that make use of private lands, or lands 26 held in trust for Indian tribes, to reduce nutrient loadings 27 or concentrations within a basin by one or more of the 28 following methods: restoring the natural hydrology of the 29 basin, restoring wildlife habitat or impacted wetlands, 30 reducing peak flows after storm events, increasing aquifer 31 recharge, or protecting range and timberland from conversion 23 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 to development, are eligible for grants available under this 2 section from the coordinating agencies. For projects of 3 otherwise equal priority, special funding priority will be 4 given to those projects that make best use of the methods 5 outlined above that involve public-private partnerships or 6 that obtain federal match money. Preference ranking above the 7 special funding priority will be given to projects located in 8 a rural area of critical economic concern designated by the 9 Governor. Grant applications may be submitted by any person or 10 tribal entity, and eligible projects may include, but are not 11 limited to, the purchase of conservation and flowage 12 easements, hydrologic restoration of wetlands, creating 13 treatment wetlands, development of a management plan for 14 natural resources, and financial support to implement a 15 management plan. 16 6.a. The department shall require all entities 17 disposing of domestic wastewater residuals within the Lake 18 Okeechobee watershed and the remaining areas of Okeechobee, 19 Glades, and Hendry Counties to develop and submit to the 20 department an agricultural use plan that limits applications 21 based upon phosphorus loading. By July 1, 2005, phosphorus 22 concentrations originating from these application sites shall 23 not exceed the limits established in the district's WOD 24 program. 25 b. Private and government-owned utilities within 26 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 27 River, Okeechobee, Highlands, Hendry, and Glades Counties that 28 dispose of wastewater residual sludge from utility operations 29 and septic removal by land spreading in the Lake Okeechobee 30 watershed may use a line item on local sewer rates to cover 31 wastewater residual treatment and disposal if such disposal 24 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 and treatment is done by approved alternative treatment 2 methodology at a facility located within the areas designated 3 by the Governor as rural areas of critical economic concern 4 pursuant to s. 288.0656. This additional line item is an 5 environmental protection disposal fee above the present sewer 6 rate and shall not be considered a part of the present sewer 7 rate to customers, notwithstanding provisions to the contrary 8 in chapter 367. The fee shall be established by the county 9 commission or its designated assignee in the county in which 10 the alternative method treatment facility is located. The fee 11 shall be calculated to be no higher than that necessary to 12 recover the facility's prudent cost of providing the service. 13 Upon request by an affected county commission, the Florida 14 Public Service Commission will provide assistance in 15 establishing the fee. Further, for utilities and utility 16 authorities that use the additional line item environmental 17 protection disposal fee, such fee shall not be considered a 18 rate increase under the rules of the Public Service Commission 19 and shall be exempt from such rules. Utilities using the 20 provisions of this section may immediately include in their 21 sewer invoicing the new environmental protection disposal fee. 22 Proceeds from this environmental protection disposal fee shall 23 be used for treatment and disposal of wastewater residuals, 24 including any treatment technology that helps reduce the 25 volume of residuals that require final disposal, but such 26 proceeds shall not be used for transportation or shipment 27 costs for disposal or any costs relating to the land 28 application of residuals in the Lake Okeechobee watershed. 29 c. No less frequently than once every 3 years, the 30 Florida Public Service Commission or the county commission 31 through the services of an independent auditor shall perform a 25 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 financial audit of all facilities receiving compensation from 2 an environmental protection disposal fee. The Florida Public 3 Service Commission or the county commission through the 4 services of an independent auditor shall also perform an audit 5 of the methodology used in establishing the environmental 6 protection disposal fee. The Florida Public Service Commission 7 or the county commission shall, within 120 days after 8 completion of an audit, file the audit report with the 9 President of the Senate and the Speaker of the House of 10 Representatives and shall provide copies to the county 11 commissions of the counties set forth in sub-subparagraph b. 12 The books and records of any facilities receiving compensation 13 from an environmental protection disposal fee shall be open to 14 the Florida Public Service Commission and the Auditor General 15 for review upon request. 16 7. The Department of Health shall require all entities 17 disposing of septage within the Lake Okeechobee watershed and 18 the remaining areas of Okeechobee, Glades, and Hendry Counties 19 to develop and submit to that agency, by July 1, 2003, an 20 agricultural use plan that limits applications based upon 21 phosphorus loading. By July 1, 2005, phosphorus concentrations 22 originating from these application sites shall not exceed the 23 limits established in the district's WOD program. 24 8. The Department of Agriculture and Consumer Services 25 shall initiate rulemaking requiring entities within the Lake 26 Okeechobee watershed and the remaining areas of Okeechobee, 27 Glades, and Hendry Counties which land-apply animal manure to 28 develop conservation or nutrient management plans that limit 29 application, based upon phosphorus loading. Such rules may 30 include criteria and thresholds for the requirement to develop 31 a conservation or nutrient management plan, requirements for 26 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 plan approval, and recordkeeping requirements. 2 9. Prior to authorizing a discharge into works of the 3 district, the district shall require responsible parties to 4 demonstrate that proposed changes in land use will not result 5 in increased phosphorus loading over that of existing land 6 uses. 7 10. The district, the department, or the Department of 8 Agriculture and Consumer Services, as appropriate, shall 9 implement those alternative nutrient reduction technologies 10 determined to be feasible pursuant to subparagraph (d)6. 11 Section 3. Subsection (1) of section 570.085, Florida 12 Statutes, is amended to read: 13 570.085 Department of Agriculture and Consumer 14 Services; agricultural water conservation.--The department 15 shall establish an agricultural water conservation program 16 that includes the following: 17 (1) A cost-share program, coordinated where 18 appropriate with the United States Department of Agriculture 19 and other federal, state, regional, and local agencies, for 20 irrigation system retrofit and application of mobile 21 irrigation laboratory evaluations for water conservation as 22 provided in this section and, where applicable, for water 23 quality improvement pursuant to s. 403.067(7)(c)(d). 24 Section 4. This act shall take effect upon becoming a 25 law. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 27 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 and insert: 2 A bill to be entitled 3 An act relating to total maximum daily loads; 4 amending s. 403.067, F.S.; providing for the 5 attainment of pollutant reductions for 6 achievement of certain water quality standards 7 in impaired waters; revising provisions for the 8 allocation of allowable pollutant loads; 9 authorizing the Department of Environmental 10 Protection to adopt phased total maximum daily 11 loads under certain conditions; providing for 12 the development and implementation of basin 13 management action plans in developing and 14 implementing total maximum daily loads; 15 revising provisions for the implementation of 16 and compliance with total maximum daily loads; 17 authorizing the department to adopt basin 18 management action plans by order; revising 19 provisions relating to verification by the 20 department of best management practices whose 21 implementation creates a presumption of 22 compliance with certain water quality standards 23 and a release of liability to the state for 24 pollution remediation; revising provisions 25 relating to reevaluation of best management 26 practices when water quality problems occur; 27 removing a provision specifying that provisions 28 relating to the department's verification or 29 reevaluation of best management practices do 30 not preclude authority of the department or the 31 water management districts to require 28 5:49 PM 04/18/05 s2322d-ag26-s02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2322 Barcode 391664 1 compliance with water quality standards or 2 other specified requirements; authorizing 3 rulemaking by the department to administer 4 funds to implement the basin management action 5 planning program and for other purposes in the 6 section; requiring the department to submit a 7 report to the Governor, the President of the 8 Senate, and the Speaker of the House of 9 Representatives prior to adopting rules for 10 pollutant trading; amending ss. 373.4595 and 11 570.085, F.S.; correcting cross-references; 12 providing an effective date. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 29 5:49 PM 04/18/05 s2322d-ag26-s02
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