House Bill hb0879c2
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    Florida House of Representatives - 2002           CS/CS/HB 879
        By the Council for Ready Infrastructure and Committee on
    Natural Resources & Environmental Protection and
    Representatives Spratt, Attkisson, Alexander, Kendrick, Bense,
    Stansel, Bennett, Brown, Evers, Gottlieb, Harrell, Holloway
    and Harrington
  1                      A bill to be entitled
  2         An act relating to pollution reduction;
  3         amending s. 373.4595, F.S.; providing
  4         eligibility requirements for projects that
  5         reduce nutrient outputs on private lands for
  6         grants available from coordinating agencies;
  7         providing additional entities required to
  8         develop agricultural use plans limiting
  9         residual applications based on phosphorus
10         loading; providing a deadline for meeting
11         phosphorus loading limitations established in
12         the water management district's WOD program;
13         requiring certain entities to develop and
14         submit agricultural use plans limiting septage
15         applications based on phosphorus loading to the
16         Department of Health by a specified date;
17         providing a deadline for meeting phosphorus
18         loading limitations established in the water
19         management district's WOD program; providing
20         additional entities required to develop
21         conservation or nutrient management plans
22         limiting the land application of manure based
23         on phosphorus loading; amending s. 381.0066,
24         F.S.; authorizing the continuation of research
25         fees for onsite sewage treatment and disposal
26         system construction permits; amending s.
27         403.067, F.S.; authorizing the development of
28         interim measures or best management practices
29         for specified water bodies or segments for
30         which total maximum daily loads or allocations
31         have not yet been established; amending s.
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    Florida House of Representatives - 2002           CS/CS/HB 879
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  1         403.121, F.S.; providing that a professional
  2         engineer is not the agent of an owner or tenant
  3         for purposes of enforcing penalties for
  4         unpermitted dredging or filling or mangrove
  5         trimming; providing an effective date.
  6
  7  Be It Enacted by the Legislature of the State of Florida:
  8
  9         Section 1.  Paragraph (c) of subsection (3) of section
10  373.4595, Florida Statutes, is amended to read:
11         373.4595  Lake Okeechobee Protection Program.--
12         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
13  program for Lake Okeechobee that achieves phosphorus load
14  reductions for Lake Okeechobee shall be immediately
15  implemented as specified in this subsection. The program shall
16  address the reduction of phosphorus loading to the lake from
17  both internal and external sources. Phosphorus load reductions
18  shall be achieved through a phased program of implementation.
19  Initial implementation actions shall be technology-based,
20  based upon a consideration of both the availability of
21  appropriate technology and the cost of such technology, and
22  shall include phosphorus reduction measures at both the source
23  and the regional level. The initial phase of phosphorus load
24  reductions shall be based upon the district's Technical
25  Publication 81-2 and the district's WOD program, with
26  subsequent phases of phosphorus load reductions based upon the
27  total maximum daily loads established in accordance with s.
28  403.067. In the development and administration of the Lake
29  Okeechobee Protection Program, the coordinating agencies shall
30  maximize opportunities provided by federal cost-sharing
31
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  1  programs and opportunities for partnerships with the private
  2  sector.
  3         (c)  Lake Okeechobee Watershed Phosphorus Control
  4  Program.--The Lake Okeechobee Watershed Phosphorus Control
  5  Program is designed to be a multifaceted approach to reducing
  6  phosphorus loads by improving the management of phosphorus
  7  sources within the Lake Okeechobee watershed through continued
  8  implementation of existing regulations and best management
  9  practices, development and implementation of improved best
10  management practices, improvement and restoration of the
11  hydrologic function of natural and managed systems, and
12  utilization of alternative technologies for nutrient
13  reduction. The coordinating agencies shall facilitate the
14  application of federal programs that offer opportunities for
15  water quality treatment, including preservation, restoration,
16  or creation of wetlands on agricultural lands.
17         1.  Agricultural nonpoint source best management
18  practices, developed in accordance with s. 403.067 and
19  designed to achieve the objectives of the Lake Okeechobee
20  Protection Program, shall be implemented on an expedited
21  basis. By March 1, 2001, the coordinating agencies shall
22  develop an interagency agreement pursuant to ss. 373.046 and
23  373.406(5) that assures the development of best management
24  practices that complement existing regulatory programs and
25  specifies how those best management practices are implemented
26  and verified. The interagency agreement shall address measures
27  to be taken by the coordinating agencies during any best
28  management practice reevaluation performed pursuant to
29  sub-subparagraph d. The department shall use best professional
30  judgment in making the initial determination of best
31  management practice effectiveness.
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  1         a.  As provided in s. 403.067(7)(d), by October 1,
  2  2000, the Department of Agriculture and Consumer Services, in
  3  consultation with the department, the district, and affected
  4  parties, shall initiate rule development for interim measures,
  5  best management practices, conservation plans, nutrient
  6  management plans, or other measures necessary for Lake
  7  Okeechobee phosphorus load reduction. The rule shall include
  8  thresholds for requiring conservation and nutrient management
  9  plans and criteria for the contents of such plans. Development
10  of agricultural nonpoint source best management practices
11  shall initially focus on those priority basins listed in
12  subparagraph (b)1. The Department of Agriculture and Consumer
13  Services, in consultation with the department, the district,
14  and affected parties, shall conduct an ongoing program for
15  improvement of existing and development of new interim
16  measures or best management practices for the purpose of
17  adoption of such practices by rule.
18         b.  Where agricultural nonpoint source best management
19  practices or interim measures have been adopted by rule of the
20  Department of Agriculture and Consumer Services, the owner or
21  operator of an agricultural nonpoint source addressed by such
22  rule shall either implement interim measures or best
23  management practices or demonstrate compliance with the
24  district's WOD program by conducting monitoring prescribed by
25  the department or the district. Owners or operators of
26  agricultural nonpoint sources who implement interim measures
27  or best management practices adopted by rule of the Department
28  of Agriculture and Consumer Services shall be subject to the
29  provisions of s. 403.067(7). The Department of Agriculture and
30  Consumer Services, in cooperation with the department and the
31  district, shall provide technical and financial assistance for
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  1  implementation of agricultural best management practices,
  2  subject to the availability of funds.
  3         c.  The district or department shall conduct monitoring
  4  at representative sites to verify the effectiveness of
  5  agricultural nonpoint source best management practices.
  6         d.  Where water quality problems are detected for
  7  agricultural nonpoint sources despite the appropriate
  8  implementation of adopted best management practices, the
  9  Department of Agriculture and Consumer Services, in
10  consultation with the other coordinating agencies and affected
11  parties, shall institute a reevaluation of the best management
12  practices and make appropriate changes to the rule adopting
13  best management practices.
14         2.  Nonagricultural nonpoint source best management
15  practices, developed in accordance with s. 403.067 and
16  designed to achieve the objectives of the Lake Okeechobee
17  Protection Program, shall be implemented on an expedited
18  basis. By March 1, 2001, the department and the district shall
19  develop an interagency agreement pursuant to ss. 373.046 and
20  373.406(5) that assures the development of best management
21  practices that complement existing regulatory programs and
22  specifies how those best management practices are implemented
23  and verified. The interagency agreement shall address measures
24  to be taken by the department and the district during any best
25  management practice reevaluation performed pursuant to
26  sub-subparagraph d.
27         a.  The department and the district are directed to
28  work with the University of Florida's Institute of Food and
29  Agricultural Sciences to develop appropriate nutrient
30  application rates for all nonagricultural soil amendments in
31  the watershed. As provided in s. 403.067(7)(c), by January 1,
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  1  2001, the department, in consultation with the district and
  2  affected parties, shall develop interim measures, best
  3  management practices, or other measures necessary for Lake
  4  Okeechobee phosphorus load reduction. Development of
  5  nonagricultural nonpoint source best management practices
  6  shall initially focus on those priority basins listed in
  7  subparagraph (b)1. The department, the district, and affected
  8  parties shall conduct an ongoing program for improvement of
  9  existing and development of new interim measures or best
10  management practices. The district shall adopt
11  technology-based standards under the district's WOD program
12  for nonagricultural nonpoint sources of phosphorus.
13         b.  Where nonagricultural nonpoint source best
14  management practices or interim measures have been developed
15  by the department and adopted by the district, the owner or
16  operator of a nonagricultural nonpoint source shall implement
17  interim measures or best management practices and be subject
18  to the provisions of s. 403.067(7). The department and
19  district shall provide technical and financial assistance for
20  implementation of nonagricultural nonpoint source best
21  management practices, subject to the availability of funds.
22         c.  The district or the department shall conduct
23  monitoring at representative sites to verify the effectiveness
24  of nonagricultural nonpoint source best management practices.
25         d.  Where water quality problems are detected for
26  nonagricultural nonpoint sources despite the appropriate
27  implementation of adopted best management practices, the
28  department and the district shall institute a reevaluation of
29  the best management practices.
30         3.  The provisions of subparagraphs 1. and 2. shall not
31  preclude the department or the district from requiring
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  1  compliance with water quality standards or with current best
  2  management practices requirements set forth in any applicable
  3  regulatory program authorized by law for the purpose of
  4  protecting water quality. Additionally, subparagraphs 1. and
  5  2. are applicable only to the extent that they do not conflict
  6  with any rules promulgated by the department that are
  7  necessary to maintain a federally delegated or approved
  8  program.
  9         4.  Projects which reduce the phosphorus load
10  originating from domestic wastewater systems within the Lake
11  Okeechobee watershed shall be given funding priority in the
12  department's revolving loan program under s. 403.1835. The
13  department shall coordinate and provide assistance to those
14  local governments seeking financial assistance for such
15  priority projects.
16         5.  Projects that make use of private lands to reduce
17  nutrient loadings or concentrations within a basin by one or
18  more of the following methods:  restoring the natural
19  hydrology of the basin, restoring wildlife habitat or impacted
20  wetlands, reducing peak flows after storm events, increasing
21  aquifer recharge, or protecting range and timberland from
22  conversion to development, are eligible for grants available
23  under this section from the coordinating agencies.  For
24  projects of otherwise equal priority, funding priority will be
25  given to those projects that make best use of the methods
26  outlined above that involve public-private partnerships or
27  that obtain federal match money.  Grant applications may be
28  submitted by any person, and eligible projects may include,
29  but are not limited to, the purchase of conservation and
30  flowage easements, hydrologic restoration of wetlands,
31  creating treatment wetlands, development of a management plan
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  1  for natural resources, and financial support to implement a
  2  management plan.
  3         6.5.a.  The department shall require all entities
  4  disposing of domestic wastewater residuals within the Lake
  5  Okeechobee watershed and the remaining areas of Okeechobee,
  6  Glades, and Hendry Counties to develop and submit to the
  7  department by July 1, 2001, an agricultural use plan that
  8  limits applications based upon phosphorus loading. By July 1,
  9  2005, phosphorus loading originating from these application
10  sites shall not exceed the limits established in the
11  district's WOD program.
12         b.  Private and government-owned utilities within
13  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
14  River, Okeechobee, Highlands, Hendry, and Glades counties that
15  dispose of wastewater residual sludge from utility operations
16  and septic removal by land spreading in the Lake Okeechobee
17  watershed may use a line item on local sewer rates to cover
18  wastewater residual treatment and disposal if such disposal
19  and treatment is done by approved alternative treatment
20  methodology at a facility located within the areas designated
21  by the Governor as rural areas of critical economic concern
22  pursuant to s. 288.0656. This additional line item is an
23  environmental protection disposal fee above the present sewer
24  rate and shall not be considered a part of the present sewer
25  rate to customers, notwithstanding provisions to the contrary
26  in chapter 367. The fee shall be established by the county
27  commission or its designated assignee in the county in which
28  the alternative method treatment facility is located. The fee
29  shall be calculated to be no higher than that necessary to
30  recover the facility's prudent cost of providing the service.
31  Upon request by an affected county commission, the Florida
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  1  Public Service Commission will provide assistance in
  2  establishing the fee. Further, for utilities and utility
  3  authorities that use the additional line item environmental
  4  protection disposal fee, such fee shall not be considered a
  5  rate increase under the rules of the Public Service Commission
  6  and shall be exempt from such rules. Utilities using the
  7  provisions of this section may immediately include in their
  8  sewer invoicing the new environmental protection disposal fee.
  9  Proceeds from this environmental protection disposal fee shall
10  be used for treatment and disposal of wastewater residuals,
11  including any treatment technology that helps reduce the
12  volume of residuals that require final disposal, but such
13  proceeds shall not be used for transportation or shipment
14  costs for disposal or any costs relating to the land
15  application of residuals in the Lake Okeechobee watershed.
16         c.  No less frequently than once every 3 years, the
17  Florida Public Service Commission or the county commission
18  through the services of an independent auditor shall perform a
19  financial audit of all facilities receiving compensation from
20  an environmental protection disposal fee. The Florida Public
21  Service Commission or the county commission through the
22  services of an independent auditor shall also perform an audit
23  of the methodology used in establishing the environmental
24  protection disposal fee. The Florida Public Service Commission
25  or the county commission shall, within 120 days after
26  completion of an audit, file the audit report with the
27  President of the Senate and the Speaker of the House of
28  Representatives and shall provide copies to the county
29  commissions of the counties set forth in sub-subparagraph b.
30  The books and records of any facilities receiving compensation
31  from an environmental protection disposal fee shall be open to
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  1  the Florida Public Service Commission and the Auditor General
  2  for review upon request.
  3         7.  The Department of Health shall require all entities
  4  disposing of septage within the Lake Okeechobee watershed and
  5  the remaining areas of Okeechobee, Glades, and Hendry Counties
  6  to develop and submit to that agency, by July 1, 2003, an
  7  agricultural use plan that limits applications based upon
  8  phosphorus loading.  By July 1, 2005, phosphorus loading
  9  originating from these application sites shall not exceed the
10  limits established in the district's WOD program.
11         8.6.  By July 1, 2001, The Department of Agriculture
12  and Consumer Services shall initiate rulemaking requiring
13  entities within the Lake Okeechobee watershed and the
14  remaining areas of Okeechobee, Glades, and Hendry Counties
15  which land-apply animal manure to develop conservation or
16  nutrient management plans that limit application, based upon
17  phosphorus loading. Such rules may include criteria and
18  thresholds for the requirement to develop a conservation or
19  nutrient management plan, requirements for plan approval, and
20  recordkeeping requirements.
21         9.7.  Prior to authorizing a discharge into works of
22  the district, the district shall require responsible parties
23  to demonstrate that proposed changes in land use will not
24  result in increased phosphorus loading over that of existing
25  land uses.
26         10.8.  The district, the department, or the Department
27  of Agriculture and Consumer Services, as appropriate, shall
28  implement those alternative nutrient reduction technologies
29  determined to be feasible pursuant to subparagraph (d)6.
30         Section 2.  Paragraph (k) of subsection (2) of section
31  381.0066, Florida Statutes, is amended to read:
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  1         381.0066  Onsite sewage treatment and disposal systems;
  2  fees.--
  3         (2)  The minimum fees in the following fee schedule
  4  apply until changed by rule by the department within the
  5  following limits:
  6         (k)  Research:  An additional $5 fee shall be added to
  7  each new system construction permit issued during fiscal years
  8  1996-2002 to be used for onsite sewage treatment and disposal
  9  system research, demonstration, and training projects. Five
10  dollars from any repair permit fee collected under this
11  section shall be used for funding the hands-on training
12  centers described in s. 381.0065(3)(j).
13
14  The funds collected pursuant to this subsection must be
15  deposited in a trust fund administered by the department, to
16  be used for the purposes stated in this section and ss.
17  381.0065 and 381.00655.
18         Section 3.  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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  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 4.  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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  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 5.  This act shall take effect upon becoming a
28  law.
29
30
31
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