House Bill hb1285c1

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    Florida House of Representatives - 2002             CS/HB 1285

        By the Council for Ready Infrastructure and
    Representatives Clarke, Harrington, Ross, Needelman, Pickens,
    Dockery and Paul




  1                      A bill to be entitled

  2         An act relating to environmental protection;

  3         amending s. 403.08725, F.S.; extending the time

  4         by which the United States Environmental

  5         Protection Agency may approve the state's

  6         implementation plan for controlling air

  7         pollution from citrus juice processing

  8         facilities; amending s. 403.813, F.S.;

  9         clarifying the maintenance dredging permit

10         exemption to allow for the discharge of return

11         water from spoil material; providing an

12         exemption from permitting requirements for

13         certain floating vessel platforms or floating

14         boat lifts of limited size that are not used

15         for commercial purposes; authorizing the

16         Department of Environmental Protection to adopt

17         by rule a general permit for certain nonexempt

18         floating vessel platforms or floating boat

19         lifts; providing for use of certain state lands

20         under such general permits; providing an

21         exemption from local regulation; providing an

22         exemption for certain county road repair;

23         providing an effective date.

24

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

26

27         Section 1.  Subsection (9) of section 403.08725,

28  Florida Statutes, is amended to read:

29         403.08725  Citrus juice processing facilities.--

30         (9)  ENVIRONMENTAL PROTECTION AGENCY APPROVAL.--No

31  later than February 1, 2001, the department shall submit this

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  1  act to the United States Environmental Protection Agency as a

  2  revision of Florida's state implementation plan and as a

  3  revision of Florida's approved state Title V program. If the

  4  United States Environmental Protection Agency fails to approve

  5  this act as a revision of Florida's state implementation plan

  6  within 3 2 years after submittal, this act shall not apply

  7  with respect to construction requirements for facilities

  8  subject to regulation under the act, and the facilities

  9  subject to regulation thereunder must comply with all

10  construction permitting requirements, including those for

11  prevention of significant deterioration, and must make

12  application for construction permits for any construction or

13  modification at the facility which was not undertaken in

14  compliance with all permitting requirements of Florida's state

15  implementation plan, within 3 months thereafter. If the United

16  States Environmental Protection Agency fails to approve this

17  act as a revision of Florida's approved state Title V program

18  within 3 2 years after submittal, this act shall not apply

19  with respect to operation requirements, and all facilities

20  subject to regulation under the act must immediately comply

21  with all Title V program requirements and must make

22  application for Title V operation permits within 3 months

23  thereafter.

24         Section 2.  Subsection (2) of section 403.813, Florida

25  Statutes, is amended, and subsection (3) of said section is

26  reenacted, to read:

27         403.813  Permits issued at district centers;

28  exceptions.--

29         (2)  No permit under this chapter, chapter 373, chapter

30  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

31  1949, Laws of Florida, shall be required for activities

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  1  associated with the following types of projects; however,

  2  except as otherwise provided in this subsection, nothing in

  3  this subsection relieves an applicant from any requirement to

  4  obtain permission to use or occupy lands owned by the Board of

  5  Trustees of the Internal Improvement Trust Fund or any water

  6  management district in its governmental or proprietary

  7  capacity or from complying with applicable local pollution

  8  control programs authorized under this chapter or other

  9  requirements of county and municipal governments:

10         (a)  The installation of overhead transmission lines,

11  with support structures which are not constructed in waters of

12  the state and which do not create a navigational hazard.

13         (b)  The installation and repair of mooring pilings and

14  dolphins associated with private docking facilities or piers

15  and the installation of private docks, piers and recreational

16  docking facilities, or piers and recreational docking

17  facilities of local governmental entities when the local

18  governmental entity's activities will not take place in any

19  manatee habitat, any of which docks:

20         1.  Has 500 square feet or less of over-water surface

21  area for a dock which is located in an area designated as

22  Outstanding Florida Waters or 1,000 square feet or less of

23  over-water surface area for a dock which is located in an area

24  which is not designated as Outstanding Florida Waters;

25         2.  Is constructed on or held in place by pilings or is

26  a floating dock which is constructed so as not to involve

27  filling or dredging other than that necessary to install the

28  pilings;

29         3.  Shall not substantially impede the flow of water or

30  create a navigational hazard;

31

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  1         4.  Is used for recreational, noncommercial activities

  2  associated with the mooring or storage of boats and boat

  3  paraphernalia; and

  4         5.  Is the sole dock constructed pursuant to this

  5  exemption as measured along the shoreline for a distance of 65

  6  feet, unless the parcel of land or individual lot as platted

  7  is less than 65 feet in length along the shoreline, in which

  8  case there may be one exempt dock allowed per parcel or lot.

  9

10  Nothing in this paragraph shall prohibit the department from

11  taking appropriate enforcement action pursuant to this chapter

12  to abate or prohibit any activity otherwise exempt from

13  permitting pursuant to this paragraph if the department can

14  demonstrate that the exempted activity has caused water

15  pollution in violation of this chapter.

16         (c)  The installation and maintenance to design

17  specifications of boat ramps on artificial bodies of water

18  where navigational access to the proposed ramp exists or the

19  installation of boat ramps open to the public in any waters of

20  the state where navigational access to the proposed ramp

21  exists and where the construction of the proposed ramp will be

22  less than 30 feet wide and will involve the removal of less

23  than 25 cubic yards of material from the waters of the state,

24  and the maintenance to design specifications of such ramps;

25  however, the material to be removed shall be placed upon a

26  self-contained upland site so as to prevent the escape of the

27  spoil material into the waters of the state.

28         (d)  The replacement or repair of existing docks and

29  piers, except that no fill material is to be used and provided

30  that the replacement or repaired dock or pier is in the same

31

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  1  location and of the same configuration and dimensions as the

  2  dock or pier being replaced or repaired.

  3         (e)  The restoration of seawalls at their previous

  4  locations or upland of, or within 1 foot waterward of, their

  5  previous locations.  However, this shall not affect the

  6  permitting requirements of chapter 161, and department rules

  7  shall clearly indicate that this exception does not constitute

  8  an exception from the permitting requirements of chapter 161.

  9         (f)  The performance of maintenance dredging of

10  existing manmade canals, channels, intake and discharge

11  structures, and previously dredged portions of natural water

12  bodies within drainage rights-of-way or drainage easements

13  which have been recorded in the public records of the county,

14  where the spoil material is to be removed and deposited on a

15  self-contained, upland spoil site which will prevent the

16  escape of the spoil material into the waters of the state,

17  provided that no more dredging is to be performed than is

18  necessary to restore the canals, channels, and intake and

19  discharge structures, and previously dredged portions of

20  natural water bodies, to original design specifications or

21  configurations, provided that the work is conducted in

22  compliance with s. 370.12(2)(d), provided that no significant

23  impacts occur to previously undisturbed natural areas, and

24  provided that control devices for return flow and best

25  management practices for erosion and sediment control are

26  utilized to prevent bank erosion and scouring and to prevent

27  turbidity, dredged material, and toxic or deleterious

28  substances from discharging into adjacent waters during

29  maintenance dredging. Further, for maintenance dredging of

30  previously dredged portions of natural water bodies within

31  recorded drainage rights-of-way or drainage easements, an

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  1  entity that seeks an exemption must notify the department or

  2  water management district, as applicable, at least 30 days

  3  prior to dredging and provide documentation of original design

  4  specifications or configurations where such exist. This

  5  exemption applies to all canals and previously dredged

  6  portions of natural water bodies within recorded drainage

  7  rights-of-way or drainage easements constructed prior to April

  8  3, 1970, and to those canals and previously dredged portions

  9  of natural water bodies constructed on or after April 3, 1970,

10  pursuant to all necessary state permits.  This exemption does

11  not apply to the removal of a natural or manmade barrier

12  separating a canal or canal system from adjacent waters.  When

13  no previous permit has been issued by the Board of Trustees of

14  the Internal Improvement Trust Fund or the United States Army

15  Corps of Engineers for construction or maintenance dredging of

16  the existing manmade canal or intake or discharge structure,

17  such maintenance dredging shall be limited to a depth of no

18  more than 5 feet below mean low water. The Board of Trustees

19  of the Internal Improvement Trust Fund may fix and recover

20  from the permittee an amount equal to the difference between

21  the fair market value and the actual cost of the maintenance

22  dredging for material removed during such maintenance

23  dredging. However, no charge shall be exacted by the state for

24  material removed during such maintenance dredging by a public

25  port authority.  The removing party may subsequently sell such

26  material; however, proceeds from such sale that exceed the

27  costs of maintenance dredging shall be remitted to the state

28  and deposited in the Internal Improvement Trust Fund.

29         (g)  The maintenance of existing insect control

30  structures, dikes, and irrigation and drainage ditches,

31  provided that spoil material is deposited on a self-contained,

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  1  upland spoil site which will prevent the escape of the spoil

  2  material into waters of the state.  In the case of insect

  3  control structures, if the cost of using a self-contained

  4  upland spoil site is so excessive, as determined by the

  5  Department of Health, pursuant to s. 403.088(1), that it will

  6  inhibit proposed insect control, then-existing spoil sites or

  7  dikes may be used, upon notification to the department.  In

  8  the case of insect control where upland spoil sites are not

  9  used pursuant to this exemption, turbidity control devices

10  shall be used to confine the spoil material discharge to that

11  area previously disturbed when the receiving body of water is

12  used as a potable water supply, is designated as shellfish

13  harvesting waters, or functions as a habitat for commercially

14  or recreationally important shellfish or finfish.  In all

15  cases, no more dredging is to be performed than is necessary

16  to restore the dike or irrigation or drainage ditch to its

17  original design specifications.

18         (h)  The repair or replacement of existing functional

19  pipes or culverts the purpose of which is the discharge or

20  conveyance of stormwater. In all cases, the invert elevation,

21  the diameter, and the length of the culvert shall not be

22  changed.  However, the material used for the culvert may be

23  different from the original.

24         (i)  The construction of private docks and seawalls in

25  artificially created waterways where such construction will

26  not violate existing water quality standards, impede

27  navigation, or affect flood control. This exemption does not

28  apply to the construction of vertical seawalls in estuaries or

29  lagoons unless the proposed construction is within an existing

30  manmade canal where the shoreline is currently occupied in

31  whole or part by vertical seawalls.

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  1         (j)  The construction and maintenance of swales.

  2         (k)  The installation of aids to navigation and buoys

  3  associated with such aids, provided the devices are marked

  4  pursuant to s. 327.40.

  5         (l)  The replacement or repair of existing open-trestle

  6  foot bridges and vehicular bridges that are 100 feet or less

  7  in length and two lanes or less in width, provided that no

  8  more dredging or filling of submerged lands is performed other

  9  than that which is necessary to replace or repair pilings and

10  that the structure to be replaced or repaired is the same

11  length, the same configuration, and in the same location as

12  the original bridge.  No debris from the original bridge shall

13  be allowed to remain in the waters of the state.

14         (m)  The installation of subaqueous transmission and

15  distribution lines laid on, or embedded in, the bottoms of

16  waters in the state, except in Class I and Class II waters and

17  aquatic preserves, provided no dredging or filling is

18  necessary.

19         (n)  The replacement or repair of subaqueous

20  transmission and distribution lines laid on, or embedded in,

21  the bottoms of waters of the state.

22         (o)  The construction of private seawalls in wetlands

23  or other surface waters where such construction is between and

24  adjoins at both ends existing seawalls; follows a continuous

25  and uniform seawall construction line with the existing

26  seawalls; is no more than 150 feet in length; and does not

27  violate existing water quality standards, impede navigation,

28  or affect flood control. However, in estuaries and lagoons the

29  construction of vertical seawalls is limited to the

30  circumstances and purposes stated in s. 373.414(5)(b)1.-4.

31  This paragraph does not affect the permitting requirements of

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  1  chapter 161, and department rules must clearly indicate that

  2  this exception does not constitute an exception from the

  3  permitting requirements of chapter 161.

  4         (p)  The restoration of existing insect control

  5  impoundment dikes which are less than 100 feet in length. Such

  6  impoundments shall be connected to tidally influenced waters

  7  for 6 months each year beginning September 1 and ending

  8  February 28 if feasible or operated in accordance with an

  9  impoundment management plan approved by the department.  A

10  dike restoration may involve no more dredging than is

11  necessary to restore the dike to its original design

12  specifications.  For the purposes of this paragraph,

13  restoration does not include maintenance of impoundment dikes

14  of operating insect control impoundments.

15         (q)  The construction, operation, or maintenance of

16  stormwater management facilities which are designed to serve

17  single-family residential projects, including duplexes,

18  triplexes, and quadruplexes, if they are less than 10 acres

19  total land and have less than 2 acres of impervious surface

20  and if the facilities:

21         1.  Comply with all regulations or ordinances

22  applicable to stormwater management and adopted by a city or

23  county;

24         2.  Are not part of a larger common plan of development

25  or sale; and

26         3.  Discharge into a stormwater discharge facility

27  exempted or permitted by the department under this chapter

28  which has sufficient capacity and treatment capability as

29  specified in this chapter and is owned, maintained, or

30  operated by a city, county, special district with drainage

31  responsibility, or water management district; however, this

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  1  exemption does not authorize discharge to a facility without

  2  the facility owner's prior written consent.

  3         (r)  The removal of aquatic plants, the removal of

  4  tussocks, the associated replanting of indigenous aquatic

  5  plants, or the associated removal from lakes of organic

  6  material when such planting or removal is performed and

  7  authorized by permit or exemption granted under s. 369.20 or

  8  s. 369.25, if:

  9         1.  Organic material that exists on the surface of

10  natural mineral soil shall be allowed to be removed to a depth

11  of 3 feet or to the natural mineral soils, whichever is less.

12         2.  All organic material removal pursuant to this

13  subsection shall be deposited in an upland site in a manner

14  that will prevent the reintroduction of the material into

15  waters in the state except when spoil material is permitted to

16  be used to create wildlife islands in freshwater bodies of the

17  state when a governmental entity is permitted pursuant to this

18  section to create such islands as a part of a restoration or

19  enhancement project.

20         3.  All activities are performed in a manner consistent

21  with state water quality standards.

22

23  The department may not adopt implementing rules for this

24  paragraph, notwithstanding any other provision of law.

25         (s)  The construction, installation, operation, or

26  maintenance of floating vessel platforms or floating boat

27  lifts, provided that such structures:

28         1.  Float at all times in the water for the sole

29  purpose of supporting a vessel so that the vessel is out of

30  the water when not in use;

31

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  1         2.  Are wholly contained within a boat slip previously

  2  permitted under ss. 403.91-403.929, 1984 Supplement to the

  3  Florida Statutes 1983, as amended, or part IV of chapter 373,

  4  or, when associated with a dock that is exempt under this

  5  subsection or a permitted dock with no defined boat slip, do

  6  not exceed a combined total of 500 square feet, or 200 square

  7  feet in an Outstanding Florida Water;

  8         3.  Are not used for any commercial purpose or for

  9  mooring vessels that remain in the water when not in use, and

10  do not substantially impede the flow of water, create a

11  navigational hazard, or unreasonably infringe upon the

12  riparian rights of adjacent property owners, as defined in s.

13  253.141;

14         4.  Are constructed and used so as to minimize adverse

15  impacts to submerged lands, wetlands, shellfish areas, aquatic

16  plant and animal species, and other biological communities,

17  including locating such structures in areas where no

18  seagrasses exist if such areas are present adjacent to the

19  dock; and

20         5.  Are not constructed in areas specifically

21  prohibited for boat mooring under conditions of a permit

22  issued in accordance  with ss. 403.91-403.929, 1984 Supplement

23  to the Florida Statutes 1983, as amended, or part IV of

24  chapter 373, or other form of authorization issued by a local

25  government.

26

27  Structures that qualify for this exemption are relieved from

28  any requirement to obtain permission to use or occupy lands

29  owned by the Board of Trustees of the Internal Improvement

30  Trust Fund and shall not be subject to any more stringent

31  regulation by any local government. The exemption provided in

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  1  this paragraph shall be in addition to the exemption provided

  2  in paragraph (b). By January 1, 2003, the department shall

  3  adopt a general permit by rule for the construction,

  4  installation, operation, or maintenance of those floating

  5  vessel platforms or floating boat lifts that do not qualify

  6  for the exemption provided in this paragraph but do not cause

  7  significant adverse impacts to occur individually or

  8  cumulatively. The issuance of such general permit shall also

  9  constitute permission to use or occupy lands owned by the

10  Board of Trustees of the Internal Improvement Trust Fund. Upon

11  the adoption of the rule creating such general permit, no

12  local government shall impose a more stringent regulation on

13  floating vessel platforms or floating boat lifts covered by

14  such general permit.

15         (t)  The repair, stabilization, or paving of existing

16  county maintained roads and the repair or replacement of

17  bridges that are part of the roadway, within the Northwest

18  Florida Water Management District, provided:

19         1.  The road and associated bridge were in existence

20  and in use as a public road or bridge, and were maintained by

21  the county as a public road or bridge on or before January 1,

22  2002;

23         2.  The construction activity does not realign the road

24  or expand the number of existing traffic lanes of the existing

25  road; however, the work may include the provision of safety

26  shoulders, clearance of vegetation, and other work reasonably

27  necessary to repair, stabilize, pave, or repave the road,

28  provided that the work is constructed by generally accepted

29  engineering standards;

30         3.  The construction activity does not expand the

31  existing width of an existing vehicular bridge in excess of

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  1  that reasonably necessary to properly connect the bridge with

  2  the road being repaired, stabilized, paved, or repaved to

  3  safely accommodate the traffic expected on the road, which may

  4  include expanding the width of the bridge to match the

  5  existing connected road. However, no debris from the original

  6  bridge shall be allowed to remain in waters of the state,

  7  including wetlands;

  8         4.  Best management practices for erosion control shall

  9  be employed as necessary to prevent water quality violations;

10         5.  Roadside swales or other effective means of

11  stormwater treatment must be incorporated as part of the

12  project; and

13         6.  No more dredging or filling of wetlands or water of

14  the state is performed than that which is reasonably necessary

15  to repair, stabilize, pave, or repave the road or to repair or

16  replace the bridge, in accordance with generally accepted

17  engineering standards.

18         (3)  The provisions of subsection (2) are superseded by

19  general permits established pursuant to ss. 373.118 and

20  403.814 which include the same activities.  Until such time as

21  general permits are established, or should general permits be

22  suspended or repealed, the exemptions under subsection (2)

23  shall remain or shall be reestablished in full force and

24  effect.

25         Section 3.  This act shall take effect upon becoming a

26  law.

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28

29

30

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