CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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  7

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  9

10  ______________________________________________________________

11  Representative(s) Spratt offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 26

15  remove:  everything after the enacting clause

16

17  and insert:

18         Section 1.  Subsection (11) of section 403.067, Florida

19  Statutes, is amended to read:

20         403.067  Establishment and implementation of total

21  maximum daily loads.--

22         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

23         (a)  The department shall not implement, without prior

24  legislative approval, any additional regulatory authority

25  pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part

26  130, if such implementation would result in water quality

27  discharge regulation of activities not currently subject to

28  regulation.

29         (b)  Interim measures, best management practices, or

30  other measures may be developed and voluntarily implemented

31  pursuant to paragraph (7)(c) or paragraph (7)(d) for any water

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  body or segment for which a total maximum daily load or

  2  allocation has not been established. The implementation of

  3  such pollution control programs may be considered by the

  4  department in the determination made pursuant to subsection

  5  (4).

  6         Section 2.  Paragraphs (c) and (d) of subsection (3) of

  7  section 403.121, Florida Statutes, are amended to read:

  8         403.121  Enforcement; procedure; remedies.--The

  9  department shall have the following judicial and

10  administrative remedies available to it for violations of this

11  chapter, as specified in s. 403.161(1).

12         (3)  Except for violations involving hazardous wastes,

13  asbestos, or underground injection, administrative penalties

14  must be calculated according to the following schedule:

15         (c)  For a dredge and fill or stormwater violation, the

16  department shall assess a penalty of $1,000 for unpermitted or

17  unauthorized dredging or filling or unauthorized construction

18  of a stormwater management system against the person or

19  persons responsible for the illegal dredging or filling, or

20  unauthorized construction of a stormwater management system

21  plus $2,000 if the dredging or filling occurs in an aquatic

22  preserve, Outstanding Florida Water, conservation easement, or

23  Class I or Class II surface water, plus $1,000 if the area

24  dredged or filled is greater than one-quarter acre but less

25  than or equal to one-half acre, and plus $1,000 if the area

26  dredged or filled is greater than one-half acre but less than

27  or equal to one acre. The administrative penalty schedule

28  shall not apply to a dredge and fill violation if the area

29  dredged or filled exceeds one acre. The department retains the

30  authority to seek the judicial imposition of civil penalties

31  for all dredge and fill violations involving more than one

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  acre. The department shall assess a penalty of $3,000 for the

  2  failure to complete required mitigation, failure to record a

  3  required conservation easement, or for a water quality

  4  violation resulting from dredging or filling activities,

  5  stormwater construction activities or failure of a stormwater

  6  treatment facility. For stormwater management systems serving

  7  less than 5 acres, the department shall assess a penalty of

  8  $2,000 for the failure to properly or timely construct a

  9  stormwater management system. In addition to the penalties

10  authorized in this subsection, the department shall assess a

11  penalty of $5,000 per violation against the contractor or

12  agent of the owner or tenant that conducts unpermitted or

13  unauthorized dredging or filling. For purposes of this

14  paragraph, the preparation or signing of a permit application

15  by a person currently licensed under chapter 471 to practice

16  as a professional engineer shall not make that person an agent

17  of the owner or tenant.

18         (d)  For mangrove trimming or alteration violations,

19  the department shall assess a penalty of $5,000 per violation

20  against the contractor or agent of the owner or tenant that

21  conducts mangrove trimming or alteration without a permit as

22  required by s. 403.9328. For purposes of this paragraph, the

23  preparation or signing of a permit application by a person

24  currently licensed under chapter 471 to practice as a

25  professional engineer shall not make that person an agent of

26  the owner or tenant.

27         Section 3.  Paragraph (c) of subsection (3) of section

28  373.4595, Florida Statutes, is amended to read:

29         373.4595  Lake Okeechobee Protection Program.--

30         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

31  program for Lake Okeechobee that achieves phosphorus load

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  reductions for Lake Okeechobee shall be immediately

  2  implemented as specified in this subsection. The program shall

  3  address the reduction of phosphorus loading to the lake from

  4  both internal and external sources. Phosphorus load reductions

  5  shall be achieved through a phased program of implementation.

  6  Initial implementation actions shall be technology-based,

  7  based upon a consideration of both the availability of

  8  appropriate technology and the cost of such technology, and

  9  shall include phosphorus reduction measures at both the source

10  and the regional level. The initial phase of phosphorus load

11  reductions shall be based upon the district's Technical

12  Publication 81-2 and the district's WOD program, with

13  subsequent phases of phosphorus load reductions based upon the

14  total maximum daily loads established in accordance with s.

15  403.067. In the development and administration of the Lake

16  Okeechobee Protection Program, the coordinating agencies shall

17  maximize opportunities provided by federal cost-sharing

18  programs and opportunities for partnerships with the private

19  sector.

20         (c)  Lake Okeechobee Watershed Phosphorus Control

21  Program.--The Lake Okeechobee Watershed Phosphorus Control

22  Program is designed to be a multifaceted approach to reducing

23  phosphorus loads by improving the management of phosphorus

24  sources within the Lake Okeechobee watershed through continued

25  implementation of existing regulations and best management

26  practices, development and implementation of improved best

27  management practices, improvement and restoration of the

28  hydrologic function of natural and managed systems, and

29  utilization of alternative technologies for nutrient

30  reduction. The coordinating agencies shall facilitate the

31  application of federal programs that offer opportunities for

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  water quality treatment, including preservation, restoration,

  2  or creation of wetlands on agricultural lands.

  3         1.  Agricultural nonpoint source best management

  4  practices, developed in accordance with s. 403.067 and

  5  designed to achieve the objectives of the Lake Okeechobee

  6  Protection Program, shall be implemented on an expedited

  7  basis. By March 1, 2001, the coordinating agencies shall

  8  develop an interagency agreement pursuant to ss. 373.046 and

  9  373.406(5) that assures the development of best management

10  practices that complement existing regulatory programs and

11  specifies how those best management practices are implemented

12  and verified. The interagency agreement shall address measures

13  to be taken by the coordinating agencies during any best

14  management practice reevaluation performed pursuant to

15  sub-subparagraph d. The department shall use best professional

16  judgment in making the initial determination of best

17  management practice effectiveness.

18         a.  As provided in s. 403.067(7)(d), by October 1,

19  2000, the Department of Agriculture and Consumer Services, in

20  consultation with the department, the district, and affected

21  parties, shall initiate rule development for interim measures,

22  best management practices, conservation plans, nutrient

23  management plans, or other measures necessary for Lake

24  Okeechobee phosphorus load reduction. The rule shall include

25  thresholds for requiring conservation and nutrient management

26  plans and criteria for the contents of such plans. Development

27  of agricultural nonpoint source best management practices

28  shall initially focus on those priority basins listed in

29  subparagraph (b)1. The Department of Agriculture and Consumer

30  Services, in consultation with the department, the district,

31  and affected parties, shall conduct an ongoing program for

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  improvement of existing and development of new interim

  2  measures or best management practices for the purpose of

  3  adoption of such practices by rule.

  4         b.  Where agricultural nonpoint source best management

  5  practices or interim measures have been adopted by rule of the

  6  Department of Agriculture and Consumer Services, the owner or

  7  operator of an agricultural nonpoint source addressed by such

  8  rule shall either implement interim measures or best

  9  management practices or demonstrate compliance with the

10  district's WOD program by conducting monitoring prescribed by

11  the department or the district. Owners or operators of

12  agricultural nonpoint sources who implement interim measures

13  or best management practices adopted by rule of the Department

14  of Agriculture and Consumer Services shall be subject to the

15  provisions of s. 403.067(7). The Department of Agriculture and

16  Consumer Services, in cooperation with the department and the

17  district, shall provide technical and financial assistance for

18  implementation of agricultural best management practices,

19  subject to the availability of funds.

20         c.  The district or department shall conduct monitoring

21  at representative sites to verify the effectiveness of

22  agricultural nonpoint source best management practices.

23         d.  Where water quality problems are detected for

24  agricultural nonpoint sources despite the appropriate

25  implementation of adopted best management practices, the

26  Department of Agriculture and Consumer Services, in

27  consultation with the other coordinating agencies and affected

28  parties, shall institute a reevaluation of the best management

29  practices and make appropriate changes to the rule adopting

30  best management practices.

31         2.  Nonagricultural nonpoint source best management

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  practices, developed in accordance with s. 403.067 and

  2  designed to achieve the objectives of the Lake Okeechobee

  3  Protection Program, shall be implemented on an expedited

  4  basis. By March 1, 2001, the department and the district shall

  5  develop an interagency agreement pursuant to ss. 373.046 and

  6  373.406(5) that assures the development of best management

  7  practices that complement existing regulatory programs and

  8  specifies how those best management practices are implemented

  9  and verified. The interagency agreement shall address measures

10  to be taken by the department and the district during any best

11  management practice reevaluation performed pursuant to

12  sub-subparagraph d.

13         a.  The department and the district are directed to

14  work with the University of Florida's Institute of Food and

15  Agricultural Sciences to develop appropriate nutrient

16  application rates for all nonagricultural soil amendments in

17  the watershed. As provided in s. 403.067(7)(c), by January 1,

18  2001, the department, in consultation with the district and

19  affected parties, shall develop interim measures, best

20  management practices, or other measures necessary for Lake

21  Okeechobee phosphorus load reduction. Development of

22  nonagricultural nonpoint source best management practices

23  shall initially focus on those priority basins listed in

24  subparagraph (b)1. The department, the district, and affected

25  parties shall conduct an ongoing program for improvement of

26  existing and development of new interim measures or best

27  management practices. The district shall adopt

28  technology-based standards under the district's WOD program

29  for nonagricultural nonpoint sources of phosphorus.

30         b.  Where nonagricultural nonpoint source best

31  management practices or interim measures have been developed

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  by the department and adopted by the district, the owner or

  2  operator of a nonagricultural nonpoint source shall implement

  3  interim measures or best management practices and be subject

  4  to the provisions of s. 403.067(7). The department and

  5  district shall provide technical and financial assistance for

  6  implementation of nonagricultural nonpoint source best

  7  management practices, subject to the availability of funds.

  8         c.  The district or the department shall conduct

  9  monitoring at representative sites to verify the effectiveness

10  of nonagricultural nonpoint source best management practices.

11         d.  Where water quality problems are detected for

12  nonagricultural nonpoint sources despite the appropriate

13  implementation of adopted best management practices, the

14  department and the district shall institute a reevaluation of

15  the best management practices.

16         3.  The provisions of subparagraphs 1. and 2. shall not

17  preclude the department or the district from requiring

18  compliance with water quality standards or with current best

19  management practices requirements set forth in any applicable

20  regulatory program authorized by law for the purpose of

21  protecting water quality. Additionally, subparagraphs 1. and

22  2. are applicable only to the extent that they do not conflict

23  with any rules promulgated by the department that are

24  necessary to maintain a federally delegated or approved

25  program.

26         4.  Projects which reduce the phosphorus load

27  originating from domestic wastewater systems within the Lake

28  Okeechobee watershed shall be given funding priority in the

29  department's revolving loan program under s. 403.1835. The

30  department shall coordinate and provide assistance to those

31  local governments seeking financial assistance for such

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  priority projects.

  2         5.  Projects that make use of private lands, or lands

  3  held in trust for Indian tribes, to reduce nutrient loadings

  4  or concentrations within a basin by one or more of the

  5  following methods:  restoring the natural hydrology of the

  6  basin, restoring wildlife habitat or impacted wetlands,

  7  reducing peak flows after storm events, increasing aquifer

  8  recharge, or protecting range and timberland from conversion

  9  to development are eligible for grants available under this

10  section from the coordinating agencies. For projects of

11  otherwise equal priority, funding priority will be given to

12  those projects that make best use of the methods outlined

13  above that involve public-private partnerships or that obtain

14  federal match money. Grant applications may be submitted by

15  any person or tribal entity, and eligible projects may

16  include, but are not limited to, the purchase of conservation

17  and flowage easements, hydrologic restoration of wetlands,

18  creating treatment wetlands, development of a management plan

19  for natural resources, and financial support to implement a

20  management plan.

21         6.a.5.a.  The department shall require all entities

22  disposing of domestic wastewater residuals within the Lake

23  Okeechobee watershed and the remaining areas of Okeechobee,

24  Glades, and Hendry counties to develop and submit to the

25  department by July 1, 2001, an agricultural use plan that

26  limits applications based upon phosphorus loading. By July 1,

27  2005, phosphorus concentrations loading originating from these

28  application sites shall not exceed the limits established in

29  the district's WOD program.

30         b.  Private and government-owned utilities within

31  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  River, Okeechobee, Highlands, Hendry, and Glades counties that

  2  dispose of wastewater residual sludge from utility operations

  3  and septic removal by land spreading in the Lake Okeechobee

  4  watershed may use a line item on local sewer rates to cover

  5  wastewater residual treatment and disposal if such disposal

  6  and treatment is done by approved alternative treatment

  7  methodology at a facility located within the areas designated

  8  by the Governor as rural areas of critical economic concern

  9  pursuant to s. 288.0656. This additional line item is an

10  environmental protection disposal fee above the present sewer

11  rate and shall not be considered a part of the present sewer

12  rate to customers, notwithstanding provisions to the contrary

13  in chapter 367. The fee shall be established by the county

14  commission or its designated assignee in the county in which

15  the alternative method treatment facility is located. The fee

16  shall be calculated to be no higher than that necessary to

17  recover the facility's prudent cost of providing the service.

18  Upon request by an affected county commission, the Florida

19  Public Service Commission will provide assistance in

20  establishing the fee. Further, for utilities and utility

21  authorities that use the additional line item environmental

22  protection disposal fee, such fee shall not be considered a

23  rate increase under the rules of the Public Service Commission

24  and shall be exempt from such rules. Utilities using the

25  provisions of this section may immediately include in their

26  sewer invoicing the new environmental protection disposal fee.

27  Proceeds from this environmental protection disposal fee shall

28  be used for treatment and disposal of wastewater residuals,

29  including any treatment technology that helps reduce the

30  volume of residuals that require final disposal, but such

31  proceeds shall not be used for transportation or shipment

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  costs for disposal or any costs relating to the land

  2  application of residuals in the Lake Okeechobee watershed.

  3         c.  No less frequently than once every 3 years, the

  4  Florida Public Service Commission or the county commission

  5  through the services of an independent auditor shall perform a

  6  financial audit of all facilities receiving compensation from

  7  an environmental protection disposal fee. The Florida Public

  8  Service Commission or the county commission through the

  9  services of an independent auditor shall also perform an audit

10  of the methodology used in establishing the environmental

11  protection disposal fee. The Florida Public Service Commission

12  or the county commission shall, within 120 days after

13  completion of an audit, file the audit report with the

14  President of the Senate and the Speaker of the House of

15  Representatives and shall provide copies to the county

16  commissions of the counties set forth in sub-subparagraph b.

17  The books and records of any facilities receiving compensation

18  from an environmental protection disposal fee shall be open to

19  the Florida Public Service Commission and the Auditor General

20  for review upon request.

21         7.  The Department of Health shall require all entities

22  disposing of septage within the Lake Okeechobee watershed and

23  the remaining areas of Okeechobee, Glades, and Hendry counties

24  to develop and submit to that agency, by July 1, 2003, an

25  agricultural use plan that limits applications based upon

26  phosphorus loading. By July 1, 2005, phosphorus concentrations

27  originating from these application sites shall not exceed the

28  limits established in the district's WOD program.

29         8.6.  By July 1, 2001, The Department of Agriculture

30  and Consumer Services shall initiate rulemaking requiring

31  entities within the Lake Okeechobee watershed and the

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  remaining areas of Okeechobee, Glades, and Hendry counties

  2  which land-apply animal manure to develop conservation or

  3  nutrient management plans that limit application, based upon

  4  phosphorus loading. Such rules may include criteria and

  5  thresholds for the requirement to develop a conservation or

  6  nutrient management plan, requirements for plan approval, and

  7  recordkeeping requirements.

  8         9.7.  Prior to authorizing a discharge into works of

  9  the district, the district shall require responsible parties

10  to demonstrate that proposed changes in land use will not

11  result in increased phosphorus loading over that of existing

12  land uses.

13         10.8.  The district, the department, or the Department

14  of Agriculture and Consumer Services, as appropriate, shall

15  implement those alternative nutrient reduction technologies

16  determined to be feasible pursuant to subparagraph (d)6.

17         Section 4.  Subsection (9) of section 403.08725,

18  Florida Statutes, is amended to read:

19         403.08725  Citrus juice processing facilities.--

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

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

22  act to the United States Environmental Protection Agency as a

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

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

25  United States Environmental Protection Agency fails to approve

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

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

28  with respect to construction requirements for facilities

29  subject to regulation under the act, and the facilities

30  subject to regulation thereunder must comply with all

31  construction permitting requirements, including those for

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1  prevention of significant deterioration, and must make

  2  application for construction permits for any construction or

  3  modification at the facility which was not undertaken in

  4  compliance with all permitting requirements of Florida's state

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

  6  States Environmental Protection Agency fails to approve this

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

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

  9  with respect to operation requirements, and all facilities

10  subject to regulation under the act must immediately comply

11  with all Title V program requirements and must make

12  application for Title V operation permits within 3 months

13  thereafter.

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

15  law.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1 lines 15 thru 19

21  remove:  all of said lines

22

23  and insert:

24         coordinating agencies; providing additional

25         entities required to develop agricultural use

26         plans limiting residual applications based on

27         phosphorus loading; providing a deadline for

28         meeting phosphorus concentration limitations

29         established in the water management district's

30         WOD program; requiring certain entities to

31         develop and submit agricultural use plans

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 678, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





  1         limiting septage applications based on

  2         phosphorus loading to the Department of Health

  3         by a specified date; providing a deadline for

  4         meeting phosphorus concentration limitations

  5         established in the water management district's

  6         WOD program; providing additional entities

  7         required to develop conservation or nutrient

  8         management plans limiting the land application

  9         of manure based on phosphorus loading; amending

10         s. 403.08725, F.S.;

11

12

13

14

15

16

17

18

19

20

21

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