Florida Senate - 2009 SB 274
By Senator Constantine
22-00118A-09 2009274__
1 A bill to be entitled
2 An act relating to the protection of springs; creating
3 part IV of ch. 369, F.S.; providing a short title;
4 providing legislative findings and intent with respect
5 to the need to protect and restore springs and ground
6 water; providing definitions; requiring the Department
7 of Environmental Protection to delineate the
8 springsheds of specified springs; requiring the
9 department to adopt spring protection zones by
10 secretarial order; requiring the department to adopt
11 total maximum daily loads and basin management action
12 plans for spring systems; providing effluent
13 requirements for domestic wastewater treatment
14 facilities; providing requirements for onsite sewage
15 treatment and disposal systems; providing requirements
16 for agricultural operations; authorizing the
17 Department of Environmental Protection, the Department
18 of Health, and the Department of Agriculture and
19 Consumer Services to adopt rules; amending s.
20 163.3177, F.S.; requiring certain local governments to
21 adopt a springs protection element as one of the
22 required elements of the comprehensive plan by a
23 specified date; providing that certain design
24 principles be included in the element; requiring the
25 Department of Environmental Protection and the state
26 land planning agency to make information available
27 concerning best-management practices; prohibiting a
28 local government that fails to adopt a springs
29 protection element from amending its comprehensive
30 plan; amending s. 403.1835, F.S.; including certain
31 areas of critical state concern and the spring
32 protection zones established by the act among projects
33 that are eligible for certain financial assistance;
34 requiring the Department of Environmental Protection,
35 the Department of Agriculture and Consumer Services,
36 the Northwest Florida Water Management District, the
37 Suwannee River Water Management District, the St.
38 Johns River Water Management District, and the
39 Southwest Florida Water Management District to assess
40 nitrogen loading and begin implementing management
41 plans within the spring protection zones by a
42 specified date; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Part IV of chapter 369, Florida Statutes,
47 consisting of sections 369.401, 369.402, 369.403, 369.404,
48 369.405, 369.406, and 369.407, is created to read:
49 369.401 Short title.—This part may be cited as the “Florida
50 Springs Protection Act.”
51 369.402 Legislative findings and intent.—
52 (1) The Legislature finds that:
53 (a) Florida's springs are a precious and fragile natural
54 resource that must be protected. Springs provide recreational
55 opportunities for swimmers, canoeists, wildlife watchers, cave
56 divers, and others. Because of the recreational opportunities
57 and accompanying tourism, many of the state's springs greatly
58 benefit state and local economies. In addition, springs provide
59 critical habitat for plants and animals, including many
60 endangered or threatened species, and serve as indicators of
61 groundwater and surface water quality.
62 (b) In general, Florida's springs, whether found in urban
63 or rural settings, or on public or private lands, are threatened
64 by actual, or potential, flow reductions and declining water
65 quality. Many of Florida's springs show signs of ecological
66 imbalance, increased nutrient loading, and lowered water flow.
67 The groundwater sources of spring discharges are recharged by
68 seepage from the surface and through direct conduits such as
69 sinkholes and can be adversely affected by polluted runoff from
70 urban and agricultural lands and discharges resulting from poor
71 wastewater management practices.
72 (c) Springs and ground water can be restored through good
73 stewardship, including effective planning strategies, best
74 management practices, and appropriate regulatory programs that
75 preserve and protect the springs and their springsheds.
76 (2) It is the intent of the Legislature to establish a
77 pilot program for the protection of Ichetucknee Spring, a first
78 magnitude spring in Columbia County, Rainbow Spring and Silver
79 Spring, first-magnitude springs in Marion County, and Wakulla
80 Spring, a first-magnitude spring in Wakulla County, which may
81 serve as a model for other springs in the state.
82 369.403 Definitions.—As used in this part, the term:
83 (1) “Cooperating entities” means the Department of
84 Environmental Protection, the Department of Health, the
85 Department of Agriculture and Consumer Services, and the
86 Department of Community Affairs. The term also includes each
87 water management district and those local governments and
88 municipalities having jurisdiction in the areas of the springs
89 identified in s. 369.404(1). These entities may vary depending
90 on the timing of activities associated with any specific spring
91 or spring protection zone.
92 (2) “Department” means the Department of Environmental
93 Protection.
94 (3) “Estimated sewage flow” means the quantity of domestic
95 and commercial wastewater in gallons per day which is expected
96 to be produced by an establishment or single-family residence as
97 determined by rule of the Department of Health.
98 (4) “First-magnitude spring” means a spring that has a
99 median discharge of greater than or equal to 100 cubic feet per
100 second for the period of record, as determined by the
101 department.
102 (5) “Spring” means a point where ground water is discharged
103 onto the earth's surface, including under any surface water of
104 the state, excluding seeps. The term includes a spring run.
105 (6) “Spring protection zone” means the area within the
106 springshed which is vulnerable to contamination and comprises
107 two zones based on the travel time of ground water and reduced
108 natural attenuation of contaminants that affect the water
109 quality surfacing at the spring and flowing as the spring run,
110 as follows:
111 (a) “Primary protection zone,” means the area within a
112 springshed which encompasses the 10-year travel time for water
113 discharging from the spring.
114 (b) “Secondary protection zone,” means the area within a
115 springshed which encompasses the 100-year travel time for water
116 discharging from the spring.
117 (7) “Spring run” means a body of flowing water that
118 originates from a spring and whose primary source of water is
119 from a spring or springs under average rainfall conditions.
120 (8) “Springshed” means those areas within the groundwater
121 and surface water basins which contribute to the discharge of a
122 spring.
123 (9) “Travel time” means the time required for ground water
124 to travel vertically from land surface to the aquifer,
125 horizontally within the aquifer, or in a combination thereof, to
126 the point at which it is discharged from the ground and
127 contributes to the flow of a spring or spring run.
128 (10) “Usable property” means the property exclusive of all
129 paved areas and prepared road beds within public or private
130 rights-of-way or easements and exclusive of surface water
131 bodies.
132 369.404 Delineation of springsheds and adoption of spring
133 protection zones.—
134 (1) The department, in consultation with the cooperating
135 entities, shall delineate the springsheds of the following
136 springs based on accepted scientific methodologies and shall use
137 this information and other scientific data necessary to identify
138 spring protection zones:
139 (a) Ichetucknee Spring in Columbia County;
140 (b) Rainbow Spring in Marion County;
141 (c) Silver Spring in Marion County; and
142 (d) Wakulla Spring in Wakulla County.
143 (2) By December 1, 2010, the department shall adopt the
144 spring protection zones for these springs by secretarial order
145 pursuant to chapter 120. The Legislature recognizes that
146 springsheds and spring protection zones may extend beyond
147 political boundaries. The cooperating entities shall work with
148 affected local governments in developing spring protection zones
149 and measures and basin management action plans that are designed
150 to minimize adverse impacts to the spring protection zone, the
151 spring, and the spring run.
152 369.405 Total maximum daily loads and basin management
153 action plans.—Notwithstanding the assessment and list
154 requirements of s. 403.067, the department shall adopt total
155 maximum daily loads and basin management action plans for the
156 spring systems identified in s. 369.404.
157 (1) By July 1, 2011, the department shall, pursuant to s.
158 403.067(6), propose for adoption total maximum daily loads to
159 address nitrogen concerns in the springs.
160 (2) By December 31, 2012, the department, in conjunction
161 with the cooperating entities, shall, pursuant to s. 403.067(7),
162 propose for adoption basin management action plans for the
163 springs. In developing the basin management action plans, the
164 department, pursuant to s. 369.406, shall consider including
165 additional spring protection measures based on the primary and
166 secondary protection zones within a springshed.
167 369.406 Additional spring protection measures.—The
168 following measures apply within a spring protection zone adopted
169 pursuant to s. 369.404:
170 (1) Domestic wastewater treatment facilities regulated
171 under chapter 403 are subject to the following requirements:
172 (a) New or expanded surface water discharges are prohibited
173 except as backup to a wastewater reuse system. Surface water
174 discharges serving as backup to a reuse system are limited to 30
175 percent of the permitted wastewater reuse capacity on an annual
176 average basis and must meet the advanced waste treatment
177 requirements in s. 403.086(4).
178 (b) Facilities having permitted capacities greater than or
179 equal to 100,000 gallons per day must meet an annual average
180 effluent concentration that does not exceed 3 milligrams per
181 liter total nitrogen. However, facilities of this permitted
182 capacity which are authorized to discharge before the adoption
183 of the applicable spring protection zone must meet the required
184 effluent concentration within 4 years after adoption of the
185 spring protection zone.
186 (c) Facilities having permitted capacities less than
187 100,000 gallons per day must meet an annual average effluent
188 concentration that does not exceed 10 milligrams per liter total
189 nitrogen, and an annual average concentration that does not
190 exceed 3 milligrams per liter total nitrogen in groundwater
191 monitoring compliance wells. However, facilities of this
192 permitted capacity which are authorized to discharge before the
193 adoption of the applicable spring protection zone must meet the
194 required effluent and monitoring well concentrations within 4
195 years after adoption of the spring protection zone.
196 (d) Land application of Class A or Class B wastewater
197 residuals, as defined by department rule, within the primary
198 protection zone is prohibited. This prohibition does not apply
199 to Class AA residuals that are marketed and distributed as
200 fertilizer products in accordance with department rule.
201 This subsection does not limit the department's authority to
202 require additional treatment or other actions pursuant to
203 chapter 403, as necessary, to meet surface and groundwater
204 quality standards.
205 (2) Onsite sewage treatment and disposal systems must
206 comply with the requirements of this subsection.
207 (a) By December 31, 2010, the Department of Health shall
208 complete, with the assistance of the affected local government,
209 an inventory of all onsite sewage treatment and disposal
210 systems, as defined in s. 381.0065, which are located within the
211 spring protection zone developed pursuant to s. 369.404.
212 1. It is the intent of this subsection to reduce nutrient
213 loading in Florida's springs. It is not the intent of this
214 subsection to prohibit onsite sewage treatment and disposal
215 systems that meet the requirements of this subsection.
216 2. In hardship cases the Department of Health may grant
217 variances to the provisions of this section and any rules
218 adopted under this section in accordance with s. 381.0065(4)(h).
219 (b) New onsite sewage treatment and disposal systems, as
220 defined in s. 381.0065, which are installed after the date of
221 the adoption of the spring protection zone must be designed to
222 meet a target annual average groundwater concentration of no
223 more than 3 milligrams per liter total nitrogen at the owner's
224 property line within the primary protection zone and no more
225 than 10 milligrams per liter total nitrogen at the owner's
226 property line within the secondary protection zone. Compliance
227 with these requirements does not require groundwater monitoring.
228 The Department of Health shall develop and adopt by rule design
229 standards for achieving these target annual average groundwater
230 concentrations. At a minimum, these standards must take into
231 consideration the relationship between the treatment level
232 achieved by the onsite sewage treatment and disposal system and
233 the area of usable property available for rainwater dilution.
234 (c) Prior to adoption of the design standards by the
235 Department of Health, compliance with the requirements in
236 paragraph (b) is presumed if one the following conditions are
237 met:
238 1. The lot associated with the establishment or a single
239 family home is served by an onsite treatment and disposal system
240 meeting the baseline system standards set forth in rules of the
241 Department of Health, and:
242 a. The lot is located wholly or partly within the secondary
243 protection zone and the ratio of estimated sewage flow in
244 gallons per day to usable property in acres is 400 to 1 or less;
245 or
246 b. Any part of the lot is located within the primary
247 protection zone and the ratio of estimated sewage flow in
248 gallons per day to usable property in acres is 100 to 1 or less.
249 2. The lot associated with the establishment or a single
250 family home is served by an onsite treatment and disposal system
251 that is a performance-based treatment system meeting at least
252 the advanced secondary treatment standards set forth in rules of
253 the Department of Health, combined with a drip irrigation
254 system.
255 (d) Paragraph (b) does not supersede the jurisdictional
256 flow limits established in s. 381.0065(3)(b).
257 (e) All lots, regardless of plat or record date, are
258 subject to the provisions of this subsection.
259 (f) Onsite sewage treatment disposal systems must be
260 evaluated and, if necessary, pumped out at the owner's expense,
261 by a state-licensed septic tank contractor or plumber every 5
262 years. Upon completion of the evaluation, the contractor or
263 plumber must submit an application for approval to the
264 Department of Health on a form and for a fee prescribed by rule
265 of the Department of Health and provide a copy to the owner. The
266 Department of Health shall approve the system for continued use
267 or notify the owner of the requirement for a repair or
268 modification permit.
269 (g) All systems requiring repair, modification, or
270 reapproval must meet a 24-inch separation from the wet season
271 water table and the surface water setback requirements in s.
272 381.0065(4). All treatment receptacles must be within one size
273 of the requirements in rules of the Department of Health and
274 must be tested for watertightness by a state-licensed septic
275 tank contractor or plumber.
276 (h) Each owner of a publicly owned or investor-owned
277 sewerage system must notify all owners of onsite sewage
278 treatment and disposal systems, excluding approved graywater
279 systems, of the availability of central sewerage facilities for
280 purposes of connection pursuant to s. 381.00655(1) within 60
281 days after receipt of notification from the department that
282 collection facilities for the central sewerage system have been
283 cleared for use.
284 1. Notwithstanding s. 381.00655(2)(b), a publicly owned or
285 investor-owned sewerage system may not waive the requirement for
286 mandatory onsite sewage disposal connection to an available
287 publicly owned or investor-owned sewerage system, except as
288 provided in subparagraph 2.
289 2. With the approval of the Department of Health, a
290 publicly owned or investor-owned sewerage system may waive the
291 requirement for mandatory onsite sewage disposal connection for
292 a performance-based treatment system that meets or exceeds
293 standards established for onsite sewage and disposal systems
294 within a springs primary protection zone if it determines that
295 such connection is not required in the public interest due to
296 water quality or public health considerations.
297 (i) Land application of septage within the primary or
298 secondary protection zones is prohibited.
299 (3) Agricultural operations shall implement applicable
300 best-management practices adopted by the Department of
301 Agriculture and Consumer Services to reduce nitrogen impacts to
302 surface and ground water. By December 31, 2009, the Department
303 of Agriculture and Consumer Services, in cooperation with the
304 other cooperating entities and stakeholders, shall develop and
305 propose for adoption by rule equine, cow and calf, and forage
306 grass best-management practices to reduce nitrogen impacts on
307 surface and ground water.
308 369.407 Rules.—The department, the Department of Health,
309 and the Department of Agriculture and Consumer Services may
310 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
311 the provisions of this part, as applicable.
312 Section 2. Paragraph (l) is added to subsection (6) of
313 section 163.3177, Florida Statutes, to read:
314 163.3177 Required and optional elements of comprehensive
315 plan; studies and surveys.—
316 (6) In addition to the requirements of subsections (1)-(5)
317 and (12), the comprehensive plan shall include the following
318 elements:
319 (l) In areas for which a springs protection zone has been
320 adopted by the Department of Environmental Protection, within 18
321 months after adoption of the springs protection zone, a springs
322 protection element that ensures the protection and, where
323 necessary, restoration of water quality in springs. The element
324 must address minimizing human impacts on springs through
325 protecting karst features during and after the development
326 process, ensuring that future development follows low-impact
327 design principles, ensuring that landscaping and fertilizer use
328 are consistent with the Florida Friendly Landscaping program,
329 ensuring adequate open space, and providing for proper
330 management of stormwater and wastewater to minimize their
331 effects on the water quality of springs. The springs protection
332 element must be based on low-impact design, landscaping, and
333 fertilizer best-management and use practices and principles
334 developed by the department and the state land planning agency,
335 or established in rule. The department and the state land
336 planning agency shall make information concerning such best
337 management and use practices and principles prominently
338 available on their websites. In addition, all landscape design
339 and irrigation systems must meet the standards established
340 pursuant to s. 373.228(4). Failure to adopt the springs
341 protection element by the deadline specified in this paragraph
342 shall result in a prohibition on any future plan amendments
343 until the element is adopted.
344 Section 3. Subsection (7) of section 403.1835, Florida
345 Statutes, is amended to read:
346 403.1835 Water pollution control financial assistance.—
347 (7) Eligible projects must be given priority according to
348 the extent each project is intended to remove, mitigate, or
349 prevent adverse effects on surface or ground water quality and
350 public health. The relative costs of achieving environmental and
351 public health benefits must be taken into consideration during
352 the department's assignment of project priorities. The
353 department shall adopt a priority system by rule. In developing
354 the priority system, the department shall give priority to
355 projects that:
356 (a) Eliminate public health hazards;
357 (b) Enable compliance with laws requiring the elimination
358 of discharges to specific water bodies, including the
359 requirements of s. 403.086(9) regarding domestic wastewater
360 ocean outfalls;
361 (c) Assist in the implementation of total maximum daily
362 loads and basin management action plans adopted under s.
363 403.067;
364 (d) Enable compliance with other pollution control
365 requirements, including, but not limited to, toxics control,
366 wastewater residuals management, and reduction of nutrients and
367 bacteria;
368 (e) Assist in the implementation of surface water
369 improvement and management plans and pollutant load reduction
370 goals developed under state water policy;
371 (f) Promote reclaimed water reuse;
372 (g) Eliminate environmental damage caused by failing onsite
373 sewage treatment and disposal systems, with priority given to
374 systems located within an area designated as an area of critical
375 state concern under s. 380.05 or located in a spring protection
376 area adopted pursuant to s. 369.404 or those that are causing
377 environmental damage; or
378 (h) Reduce pollutants to and otherwise promote the
379 restoration of state Florida's surface and ground waters.
380 Section 4. The Department of Environmental Protection, the
381 Department of Agriculture and Consumer Services, the Northwest
382 Florida Water Management District, the Suwannee River Water
383 Management District, the St. Johns River Water Management
384 District, and the Southwest Florida Water Management District
385 shall assess nitrogen loading from lands owned or managed by
386 each respective agency and located within a spring protection
387 zone for Ichetucknee Spring, Rainbow Spring, Silver Spring, or
388 Wakulla Spring using a consistent methodology, evaluate existing
389 management activities, and develop and begin implementing
390 management plans to reduce adverse impacts to the springs no
391 later than December 31, 2011.
392 Section 5. This act shall take effect July 1, 2009.