Senate Bill sb0510c1

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    Florida Senate - 2002                            CS for SB 510

    By the Committee on Natural Resources; and Senator Brown-Waite





    312-2312-02

  1                      A bill to be entitled

  2         An act relating to environmental protection;

  3         amending s. 373.406, F.S.; providing a permit

  4         exemption for certain mining activities;

  5         amending s. 373.414, F.S.; requiring that the

  6         Department of Environmental Protection adopt a

  7         uniform mitigation assessment method by rule by

  8         a specified date; amending s. 403.08725, F.S.;

  9         extending the time by which the United States

10         Environmental Protection Agency may approve the

11         state's implementation plan for controlling air

12         pollution from citrus juice processing

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

14         clarifying the maintenance dredging permit

15         exemption to allow for the discharge of return

16         water from spoil material; providing an

17         exemption from permitting requirements for

18         certain floating vessel platforms or floating

19         boat lifts of limited size that are not used

20         for commercial purposes; authorizing the

21         Department of Environmental Protection to adopt

22         by rule a general permit for certain nonexempt

23         floating vessel platforms or floating boat

24         lifts; providing for use of certain state lands

25         under such general permits; providing an

26         exemption from local regulation; providing an

27         exemption for certain county road repair;

28         providing an effective date.

29  

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

31  

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  1         Section 1.  Subsection (11) is added to section

  2  373.406, Florida Statutes, to read:

  3         373.406  Exemptions.--The following exemptions shall

  4  apply:

  5         (11)  Any district or the department may adopt rules to

  6  exempt from regulation under this part any system for a mining

  7  or mining related activity that is described in or covered by

  8  an exemption confirmation letter issued by the district

  9  pursuant to applicable rules implementing this part which were

10  in effect at the time the letter was issued, if the exemption

11  will not be harmful to the water resources. Such rules may

12  include provisions for the duration of this exemption.

13         Section 2.  Subsections (18) and (19) of section

14  373.414, Florida Statutes, are amended to read:

15         373.414  Additional criteria for activities in surface

16  waters and wetlands.--

17         (18)  The department and each water management district

18  responsible for implementation of the environmental resource

19  permitting program shall develop a uniform wetland mitigation

20  assessment method for wetlands and other surface waters no

21  later than October 1, 2001. The department shall adopt the

22  uniform wetland mitigation assessment method by rule no later

23  than July 31, January 31, 2002. The rule shall provide an

24  exclusive and consistent process for determining the amount of

25  mitigation required to offset impacts to wetlands and other

26  surface waters, and, once effective, shall supersede all

27  rules, ordinances, and procedures for variances from

28  ordinances that determine the amount of mitigation needed to

29  offset such impacts. Once the department adopts the uniform

30  wetland mitigation assessment method by rule, the uniform

31  wetland mitigation assessment method shall be binding on the

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  1  department, the water management districts, local governments,

  2  and any other governmental agencies and shall be the sole

  3  means to determine the amount of mitigation needed to offset

  4  adverse impacts to wetlands and other surface waters and to

  5  award and deduct mitigation bank credits. A water management

  6  district and any other governmental agency subject to chapter

  7  120 may apply the uniform wetland mitigation assessment method

  8  without the need to adopt it pursuant to s. 120.54. It shall

  9  be a goal of the department and water management districts

10  that the uniform wetland mitigation assessment method

11  developed be practicable for use within the timeframes

12  provided in the permitting process and result in a consistent

13  process for determining mitigation requirements. It shall be

14  recognized that any such method shall require the application

15  of reasonable scientific judgment. The uniform wetland

16  mitigation assessment method must determine the value of

17  functions provided by wetlands and other surface waters

18  considering the current conditions of these areas, utilization

19  by fish and wildlife, location, uniqueness, and hydrologic

20  connection, and, when applied to mitigation banks, in addition

21  to the factors listed in s. 373.4136(4). The uniform wetland

22  mitigation assessment method shall also account for the

23  expected time-lag associated with offsetting impacts and the

24  degree of risk associated with the proposed mitigation. The

25  uniform wetland mitigation assessment method shall account for

26  different ecological communities in different areas of the

27  state. In developing the uniform wetland mitigation assessment

28  method, the department and water management districts shall

29  consult with approved local programs under s. 403.182 which

30  have an established wetland mitigation program for wetlands

31  and other surface waters. The department and water management

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  1  districts shall consider the recommendations submitted by such

  2  approved local programs, including any recommendations

  3  relating to the adoption by the department and water

  4  management districts of any uniform wetland mitigation

  5  methodology that has been adopted and used by an approved

  6  local program in its established wetland mitigation program

  7  for wetlands and other surface waters. Environmental resource

  8  permitting rules may establish categories of permits or

  9  thresholds for minor impacts under which the use of the

10  uniform wetland mitigation assessment method will not be

11  required. The application of the uniform wetland mitigation

12  assessment method is not subject to s. 70.001. In the event

13  the rule establishing the uniform wetland mitigation

14  assessment method is deemed to be invalid, the applicable

15  rules related to establishing needed mitigation in existence

16  prior to the adoption of the uniform wetland mitigation

17  assessment method, including those adopted by a county which

18  is an approved local program under s. 403.182, and the method

19  described in paragraph (b) for existing mitigation banks,

20  shall be authorized for use by the department, water

21  management districts, local governments, and other state

22  agencies.

23         (a)  In developing the uniform wetland mitigation

24  assessment method, the department shall seek input from the

25  United States Army Corps of Engineers in order to promote

26  consistency in the mitigation assessment methods used by the

27  state and federal permitting programs.

28         (b)  An entity which has received a mitigation bank

29  permit prior to the adoption of the uniform wetland mitigation

30  assessment method shall have impact sites assessed, for the

31  purpose of deducting bank credits, using the credit assessment

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  1  method, including any functional assessment methodology, which

  2  was in place when the bank was permitted; unless the entity

  3  elects to have its credits redetermined, and thereafter have

  4  its credits deducted, using the uniform wetland mitigation

  5  assessment method.

  6         (19)  The Office of Program Policy Analysis and

  7  Government Accountability shall study the cumulative impact

  8  consideration required by subsection (8) and issue a report by

  9  July 1, 2001. The study shall address the justification for

10  the cumulative impact consideration, changes that can provide

11  clarity and certainty in the cumulative impact consideration,

12  and whether a practicable, consistent, and equitable

13  methodology can be developed for considering cumulative

14  impacts within the environmental resource permitting program.

15         Section 3.  Subsection (9) of section 403.08725,

16  Florida Statutes, is amended to read:

17         403.08725  Citrus juice processing facilities.--

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

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

20  act to the United States Environmental Protection Agency as a

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

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

23  United States Environmental Protection Agency fails to approve

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

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

26  with respect to construction requirements for facilities

27  subject to regulation under the act, and the facilities

28  subject to regulation thereunder must comply with all

29  construction permitting requirements, including those for

30  prevention of significant deterioration, and must make

31  application for construction permits for any construction or

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  1  modification at the facility which was not undertaken in

  2  compliance with all permitting requirements of Florida's state

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

  4  States Environmental Protection Agency fails to approve this

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

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

  7  with respect to operation requirements, and all facilities

  8  subject to regulation under the act must immediately comply

  9  with all Title V program requirements and must make

10  application for Title V operation permits within 3 months

11  thereafter.

12         Section 4.  Subsection (2) of section 403.813, Florida

13  Statutes, is amended, and subsection (3) of that section is

14  reenacted, to read:

15         403.813  Permits issued at district centers;

16  exceptions.--

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

18  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

19  1949, Laws of Florida, shall be required for activities

20  associated with the following types of projects; however,

21  except as otherwise provided in this subsection, nothing in

22  this subsection relieves an applicant from any requirement to

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

24  Trustees of the Internal Improvement Trust Fund or any water

25  management district in its governmental or proprietary

26  capacity or from complying with applicable local pollution

27  control programs authorized under this chapter or other

28  requirements of county and municipal governments:

29         (a)  The installation of overhead transmission lines,

30  with support structures which are not constructed in waters of

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

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

  2  dolphins associated with private docking facilities or piers

  3  and the installation of private docks, piers and recreational

  4  docking facilities, or piers and recreational docking

  5  facilities of local governmental entities when the local

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

  7  manatee habitat, any of which docks:

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

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

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

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

12  which is not designated as Outstanding Florida Waters;

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

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

15  filling or dredging other than that necessary to install the

16  pilings;

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

18  create a navigational hazard;

19         4.  Is used for recreational, noncommercial activities

20  associated with the mooring or storage of boats and boat

21  paraphernalia; and

22         5.  Is the sole dock constructed pursuant to this

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

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

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

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

27  

28  Nothing in this paragraph shall prohibit the department from

29  taking appropriate enforcement action pursuant to this chapter

30  to abate or prohibit any activity otherwise exempt from

31  permitting pursuant to this paragraph if the department can

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  1  demonstrate that the exempted activity has caused water

  2  pollution in violation of this chapter.

  3         (c)  The installation and maintenance to design

  4  specifications of boat ramps on artificial bodies of water

  5  where navigational access to the proposed ramp exists or the

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

  7  the state where navigational access to the proposed ramp

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

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

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

11  and the maintenance to design specifications of such ramps;

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

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

14  spoil material into the waters of the state.

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

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

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

18  location and of the same configuration and dimensions as the

19  dock or pier being replaced or repaired.

20         (e)  The restoration of seawalls at their previous

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

22  previous locations.  However, this shall not affect the

23  permitting requirements of chapter 161, and department rules

24  shall clearly indicate that this exception does not constitute

25  an exception from the permitting requirements of chapter 161.

26         (f)  The performance of maintenance dredging of

27  existing manmade canals, channels, intake and discharge

28  structures, and previously dredged portions of natural water

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

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

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

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

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

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

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

  5  discharge structures, and previously dredged portions of

  6  natural water bodies, to original design specifications or

  7  configurations, provided that the work is conducted in

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

  9  impacts occur to previously undisturbed natural areas, and

10  provided that control devices for return flow and best

11  management practices for erosion and sediment control are

12  utilized to prevent bank erosion and scouring and to prevent

13  turbidity, dredged material, and toxic or deleterious

14  substances from discharging into adjacent waters during

15  maintenance dredging. Further, for maintenance dredging of

16  previously dredged portions of natural water bodies within

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

18  entity that seeks an exemption must notify the department or

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

20  prior to dredging and provide documentation of original design

21  specifications or configurations where such exist. This

22  exemption applies to all canals and previously dredged

23  portions of natural water bodies within recorded drainage

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

25  3, 1970, and to those canals and previously dredged portions

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

27  pursuant to all necessary state permits.  This exemption does

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

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

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

31  the Internal Improvement Trust Fund or the United States Army

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  1  Corps of Engineers for construction or maintenance dredging of

  2  the existing manmade canal or intake or discharge structure,

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

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

  5  of the Internal Improvement Trust Fund may fix and recover

  6  from the permittee an amount equal to the difference between

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

  8  dredging for material removed during such maintenance

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

10  material removed during such maintenance dredging by a public

11  port authority.  The removing party may subsequently sell such

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

13  costs of maintenance dredging shall be remitted to the state

14  and deposited in the Internal Improvement Trust Fund.

15         (g)  The maintenance of existing insect control

16  structures, dikes, and irrigation and drainage ditches,

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

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

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

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

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

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

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

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

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

26  used pursuant to this exemption, turbidity control devices

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

28  area previously disturbed when the receiving body of water is

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

30  harvesting waters, or functions as a habitat for commercially

31  or recreationally important shellfish or finfish.  In all

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

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

  3  original design specifications.

  4         (h)  The repair or replacement of existing functional

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

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

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

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

  9  different from the original.

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

11  artificially created waterways where such construction will

12  not violate existing water quality standards, impede

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

14  apply to the construction of vertical seawalls in estuaries or

15  lagoons unless the proposed construction is within an existing

16  manmade canal where the shoreline is currently occupied in

17  whole or part by vertical seawalls.

18         (j)  The construction and maintenance of swales.

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

20  associated with such aids, provided the devices are marked

21  pursuant to s. 327.40.

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

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

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

25  more dredging or filling of submerged lands is performed other

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

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

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

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

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

31  

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  1         (m)  The installation of subaqueous transmission and

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

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

  4  aquatic preserves, provided no dredging or filling is

  5  necessary.

  6         (n)  The replacement or repair of subaqueous

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

  8  the bottoms of waters of the state.

  9         (o)  The construction of private seawalls in wetlands

10  or other surface waters where such construction is between and

11  adjoins at both ends existing seawalls; follows a continuous

12  and uniform seawall construction line with the existing

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

14  violate existing water quality standards, impede navigation,

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

16  construction of vertical seawalls is limited to the

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

18  This paragraph does not affect the permitting requirements of

19  chapter 161, and department rules must clearly indicate that

20  this exception does not constitute an exception from the

21  permitting requirements of chapter 161.

22         (p)  The restoration of existing insect control

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

24  impoundments shall be connected to tidally influenced waters

25  for 6 months each year beginning September 1 and ending

26  February 28 if feasible or operated in accordance with an

27  impoundment management plan approved by the department.  A

28  dike restoration may involve no more dredging than is

29  necessary to restore the dike to its original design

30  specifications.  For the purposes of this paragraph,

31  

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  1  restoration does not include maintenance of impoundment dikes

  2  of operating insect control impoundments.

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

  4  stormwater management facilities which are designed to serve

  5  single-family residential projects, including duplexes,

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

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

  8  and if the facilities:

  9         1.  Comply with all regulations or ordinances

10  applicable to stormwater management and adopted by a city or

11  county;

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

13  or sale; and

14         3.  Discharge into a stormwater discharge facility

15  exempted or permitted by the department under this chapter

16  which has sufficient capacity and treatment capability as

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

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

19  responsibility, or water management district; however, this

20  exemption does not authorize discharge to a facility without

21  the facility owner's prior written consent.

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

23  tussocks, the associated replanting of indigenous aquatic

24  plants, or the associated removal from lakes of organic

25  material when such planting or removal is performed and

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

27  s. 369.25, if:

28         1.  Organic material that exists on the surface of

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

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

31  

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  1         2.  All organic material removal pursuant to this

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

  3  that will prevent the reintroduction of the material into

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

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

  6  state when a governmental entity is permitted pursuant to this

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

  8  enhancement project.

  9         3.  All activities are performed in a manner consistent

10  with state water quality standards.

11  

12  The department may not adopt implementing rules for this

13  paragraph, notwithstanding any other provision of law.

14         (s)  Floating vessel platforms or floating boat lifts

15  if such structures:

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

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

18  the water when not in use;

19         2.  Are wholly contained within a boat slip previously

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

21  Florida Statutes 1983, as amended, or Part IV of chapter 373,

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

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

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

25  feet in an Outstanding Florida Water;

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

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

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

29  navigational hazard, or unreasonably infringe upon the

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

31  253.141;

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

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

  3  plant and animal species, and other biological communities,

  4  including locating such structures in areas where no

  5  seagrasses exist if such areas are present adjacent to the

  6  dock; and

  7         5.  Are not constructed in areas specifically

  8  prohibited for boat mooring under conditions of a permit

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

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

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

12  government.

13  

14  Structures that qualify for this exemption are relieved from

15  any requirement to obtain permission to use or occupy lands

16  owned by the Board of Trustees of the Internal Improvement

17  Trust Fund and are not subject to any more stringent

18  regulation by any local government. The exemption provided in

19  this paragraph is in addition to the exemption provided in

20  paragraph (b). By January 1, 2003, the department shall adopt

21  a general permit by rule for those floating vessel platforms

22  that do not qualify for the exemptions provided in this

23  paragraph, but do not cause significant adverse impacts to

24  occur individually or cumulatively. The issuance of a general

25  permit also constitutes permission to use or occupy lands

26  owned by the Board of Trustees of the Internal Improvement

27  Trust Fund. Upon the adoption of the rule creating the general

28  permit, a local government may not impose a more stringent

29  regulation on floating vessel platforms covered by the general

30  permit.

31  

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

  2  county maintained roads and the repair or replacement of

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

  4  Florida Water Management District, provided:

  5         1.  The road and associated bridge were in existence

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

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

  8  2002;

  9         2.  The construction activity does not realign the road

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

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

12  shoulders, clearance of vegetation, and other work reasonably

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

14  provided that the work is constructed by generally accepted

15  engineering standards;

16         3.  The construction activity does not expand the

17  existing width of an existing vehicular bridge in excess of

18  that reasonably necessary to properly connect the bridge with

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

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

21  include expanding the width of the bridge to match the

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

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

24  including wetlands;

25         4.  Best management practices for erosion control shall

26  be employed as necessary to prevent water quality violations;

27         5.  Roadside swales or other effective means of

28  stormwater treatment must be incorporated as part of the

29  project; and

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

31  the state is performed than that which is reasonably necessary

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

  2  replace the bridge, in accordance with generally accepted

  3  engineering standards.

  4  

  5  The department shall submit a report to the Governor and the

  6  Legislature by March 1, 2004, to evaluate the effects of this

  7  exemption and make recommendations for the exemption to apply

  8  statewide.

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

10  general permits established pursuant to ss. 373.118 and

11  403.814 which include the same activities.  Until such time as

12  general permits are established, or should general permits be

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

14  shall remain or shall be reestablished in full force and

15  effect.

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

17  law.

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    Florida Senate - 2002                            CS for SB 510
    312-2312-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 510

  3                                 

  4  The committee substitute retains the provisions of the
    original bill and adds the following provisions:
  5  
    1.   Extends the time EPA has to approve Florida's revision to
  6       its Title V program with regard to citrus juice
         processing facilities from 2 years to 3 years.
  7  
    2.   Provides that any water management district or the
  8       Department of Environmental Protection may adopt rules to
         exempt from a permit certain mining activities.
  9  
    3.   Clarifies the permit exemption for maintenance dredging
10       activities to allow for better management of return flow
         waters.
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    4.   Provides a permit exemption for the repair,
12       stabilization, or paving of existing county maintained
         roads, and the repair or replacement of bridges that are
13       part of the roadway within the Northwest Florida Water
         Management District if certain conditions are met.
14       Provides for a report to the Governor and Legislature.

15  5.   Clarifies requirements for Department of Environmental
         Protection and water management district rules relating
16       to the amount of mitigation required and variance
         procedures. Local ordinances on such matters are
17       superseded.

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