1 | A bill to be entitled |
2 | An act relating to water pollution control; amending s. |
3 | 403.067, F.S.; providing requirements for basin management |
4 | action plans; allowing such plans to take into account the |
5 | benefits of pollutant load reduction achieved by point or |
6 | nonpoint sources, where appropriate; requiring that the |
7 | Department of Environmental Protection adopt all or part |
8 | of any such plan, or any amendment thereto, by secretarial |
9 | order as provided by state law; providing that the |
10 | provisions of the department's rule relating to the |
11 | equitable abatement of pollutants into surface waters may |
12 | not be applied to water bodies or water body segments for |
13 | which a basin management plan that takes into account |
14 | future or new expanded activities or discharges has been |
15 | adopted; authorizing water quality protection programs to |
16 | include the trading of water quality credits; authorizing |
17 | the department to adopt rules related to the trading of |
18 | water quality credits; requiring that such rulemaking |
19 | include certain provisions; specifying that a water |
20 | quality credit trading pilot project be limited to the |
21 | Lower St. Johns River Basin as a pilot project; requiring |
22 | that the department provide the Legislature with an annual |
23 | report regarding the effectiveness of the pilot project; |
24 | providing report requirements; providing that the |
25 | department may authorize and establish specific |
26 | requirements for water quality credit trading as part of |
27 | the Lower St. Johns River Basin adopted basin management |
28 | action plan; correcting cross-references to conform to |
29 | changes made by the act; amending s. 403.088, F.S.; |
30 | authorizing the department to revise a water pollution |
31 | operation permit under certain circumstances; authorizing |
32 | the department to issue, renew, or reissue such a permit |
33 | if a water quality credit trade meets the requirements of |
34 | 403.067, F.S.; requiring that revised permits be |
35 | accompanied by an order establishing a schedule for |
36 | achieving compliance with all permit conditions; providing |
37 | an effective date. |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. Subsections (7) and (8) of section 403.067, |
42 | Florida Statutes, are amended, present subsections (9) through |
43 | (12) are renumbered as sections (11) through (14), respectively, |
44 | and new subsections (8) and (10) are added to that section, to |
45 | read: |
46 | 403.067 Establishment and implementation of total maximum |
47 | daily loads.-- |
48 | (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND |
49 | IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- |
50 | (a) Basin management action plans.-- |
51 | 1. In developing and implementing the total maximum daily |
52 | load for a water body, the department, or the department in |
53 | conjunction with a water management district, may develop a |
54 | basin management action plan that addresses some or all of the |
55 | watersheds and basins tributary to the water body. Such a plan |
56 | must shall integrate the appropriate management strategies |
57 | available to the state through existing water quality protection |
58 | programs to achieve the total maximum daily loads and may |
59 | provide for phased implementation of these management strategies |
60 | to promote timely, cost-effective actions as provided for in s. |
61 | 403.151. The plan must shall establish a schedule for |
62 | implementing the management strategies, establish a basis for |
63 | evaluating the plan's effectiveness, and identify feasible |
64 | funding strategies for implementing the plan's management |
65 | strategies. The management strategies may include regional |
66 | treatment systems or other public works, where appropriate, and, |
67 | in the basin listed in subsection (10) for which a basin |
68 | management action plan has been adopted, voluntary trading of |
69 | water quality credits to achieve the needed pollutant load |
70 | reductions. |
71 | 2. A basin management action plan must shall equitably |
72 | allocate, pursuant to paragraph (6)(b), pollutant reductions to |
73 | individual basins, as a whole to all basins, or to each |
74 | identified point source or category of nonpoint sources, as |
75 | appropriate. For nonpoint sources for which best management |
76 | practices have been adopted, the initial requirement specified |
77 | by the plan must shall be those practices developed pursuant to |
78 | paragraph (c). Where appropriate, the plan may take into account |
79 | the benefits of provide pollutant load reduction achieved by |
80 | point or nonpoint sources credits to dischargers that have |
81 | implemented management strategies to reduce pollutant loads, |
82 | including best management practices, prior to the development of |
83 | the basin management action plan. The plan must shall also |
84 | identify the mechanisms that will address by which potential |
85 | future increases in pollutant loading will be addressed. |
86 | 3. The basin management action planning process is |
87 | intended to involve the broadest possible range of interested |
88 | parties, with the objective of encouraging the greatest amount |
89 | of cooperation and consensus possible. In developing a basin |
90 | management action plan, the department shall assure that key |
91 | stakeholders, including, but not limited to, applicable local |
92 | governments, water management districts, the Department of |
93 | Agriculture and Consumer Services, other appropriate state |
94 | agencies, local soil and water conservation districts, |
95 | environmental groups, regulated interests, and affected |
96 | pollution sources, are invited to participate in the process. |
97 | The department shall hold at least one public meeting in the |
98 | vicinity of the watershed or basin to discuss and receive |
99 | comments during the planning process and shall otherwise |
100 | encourage public participation to the greatest practicable |
101 | extent. Notice of the public meeting must shall be published in |
102 | a newspaper of general circulation in each county in which the |
103 | watershed or basin lies not less than 5 days nor more than 15 |
104 | days before the public meeting. A basin management action plan |
105 | shall not supplant or otherwise alter any assessment made under |
106 | subsection (3) or subsection (4) or any calculation or initial |
107 | allocation. |
108 | 4. The department shall adopt all or any part of a basin |
109 | management action plan and any amendment to such plan by |
110 | secretarial order pursuant to chapter 120 to implement the |
111 | provisions of this section. |
112 | 5. The basin management action plan must shall include |
113 | milestones for implementation and water quality improvement, and |
114 | an associated water quality monitoring component sufficient to |
115 | evaluate whether reasonable progress in pollutant load |
116 | reductions is being achieved over time. An assessment of |
117 | progress toward these milestones shall be conducted every 5 |
118 | years, and revisions to the plan shall be made as appropriate. |
119 | Revisions to the basin management action plan shall be made by |
120 | the department in cooperation with basin stakeholders. Revisions |
121 | to the management strategies required for nonpoint sources must |
122 | shall follow the procedures set forth in subparagraph (c)4. |
123 | Revised basin management action plans must shall be adopted |
124 | pursuant to subparagraph 4. |
125 | 6. In accordance with procedures adopted by rule under |
126 | paragraph (9)(c), basin management action plans may allow point |
127 | or nonpoint sources that will achieve greater pollutant |
128 | reductions than required by an adopted total maximum load or |
129 | wasteload allocation to generate, register, and trade water |
130 | quality credits for the excess reductions to enable other |
131 | sources to achieve their allocation; however, the generation of |
132 | water quality credits does not remove the obligation of a source |
133 | or activity to meet applicable technology requirements or |
134 | adopted best management practices. Such plans must allow trading |
135 | between NPDES permittees, and trading that may or may not |
136 | involve NPDES permittees, where the generation or use of the |
137 | credits involve an entity or activity not subject to department |
138 | water discharge permits whose owner voluntarily elects to obtain |
139 | department authorization for the generation and sale of credits. |
140 | 7. The provisions of the department's rule relating to the |
141 | equitable abatement of pollutants into surface waters shall not |
142 | be applied to water bodies or water body segments for which a |
143 | basin management plan that takes into account future new or |
144 | expanded activities or discharges has been adopted under this |
145 | section. |
146 | (b) Total maximum daily load implementation.-- |
147 | 1. The department shall be the lead agency in coordinating |
148 | the implementation of the total maximum daily loads through |
149 | existing water quality protection programs. Application of a |
150 | total maximum daily load by a water management district must |
151 | shall be consistent with this section and shall not require the |
152 | issuance of an order or a separate action pursuant to s. |
153 | 120.536(1) or s. 120.54 for the adoption of the calculation and |
154 | allocation previously established by the department. Such |
155 | programs may include, but are not limited to: |
156 | a. Permitting and other existing regulatory programs, |
157 | including water-quality-based effluent limitations; |
158 | b. Nonregulatory and incentive-based programs, including |
159 | best management practices, cost sharing, waste minimization, |
160 | pollution prevention, agreements established pursuant to s. |
161 | 403.061(21), and public education; |
162 | c. Other water quality management and restoration |
163 | activities, for example surface water improvement and management |
164 | plans approved by water management districts or basin management |
165 | action plans developed pursuant to this subsection; |
166 | d. Trading of water quality credits Pollutant trading or |
167 | other equitable economically based agreements; |
168 | e. Public works including capital facilities; or |
169 | f. Land acquisition. |
170 | 2. For a basin management action plan adopted pursuant to |
171 | paragraph (a) subparagraph (a)4., any management strategies and |
172 | pollutant reduction requirements associated with a pollutant of |
173 | concern for which a total maximum daily load has been developed, |
174 | including effluent limits set forth for a discharger subject to |
175 | NPDES permitting, if any, must shall be included in a timely |
176 | manner in subsequent NPDES permits or permit modifications for |
177 | that discharger. The department shall not impose limits or |
178 | conditions implementing an adopted total maximum daily load in |
179 | an NPDES permit until the permit expires, the discharge is |
180 | modified, or the permit is reopened pursuant to an adopted basin |
181 | management action plan, unless required by federal law or |
182 | regulation. |
183 | a. Absent a detailed allocation, total maximum daily loads |
184 | shall be implemented through NPDES permit conditions that |
185 | provide for afford a compliance schedule. In such instances, a |
186 | facility's NPDES permit must shall allow time for the issuance |
187 | of an order adopting the basin management action plan. The time |
188 | allowed for the issuance of an order adopting the plan shall not |
189 | exceed 5 years. Upon issuance of an order adopting the plan, the |
190 | permit must shall be reopened or renewed, as necessary, and |
191 | permit conditions consistent with the plan must shall be |
192 | established. Notwithstanding the other provisions of this |
193 | subparagraph, upon request by a NPDES permittee, the department |
194 | as part of a permit issuance, renewal, or modification may |
195 | establish individual allocations prior to the adoption of a |
196 | basin management action plan. |
197 | b. For holders of NPDES municipal separate storm sewer |
198 | system permits and other stormwater sources, implementation of a |
199 | total maximum daily load or basin management action must plan |
200 | shall be achieved, to the maximum extent practicable, through |
201 | the use of best management practices or other management |
202 | measures. |
203 | c. The basin management action plan does not relieve the |
204 | discharger from any requirement to obtain, renew, or modify an |
205 | NPDES permit or to abide by other requirements of the permit. |
206 | d. Management strategies set forth in a basin management |
207 | action plan to be implemented by a discharger subject to |
208 | permitting by the department must shall be completed pursuant to |
209 | the schedule set forth in the basin management action plan. This |
210 | implementation schedule may extend beyond the 5-year term of an |
211 | NPDES permit. |
212 | e. Management strategies and pollution reduction |
213 | requirements set forth in a basin management action plan for a |
214 | specific pollutant of concern shall not be subject to challenge |
215 | under chapter 120 at the time they are incorporated, in an |
216 | identical form, into a subsequent NPDES permit or permit |
217 | modification. |
218 | f. For nonagricultural pollutant sources not subject to |
219 | NPDES permitting but permitted pursuant to other state, |
220 | regional, or local water quality programs, the pollutant |
221 | reduction actions adopted in a basin management action plan |
222 | shall be implemented to the maximum extent practicable as part |
223 | of those permitting programs. |
224 | g. A nonpoint source discharger included in a basin |
225 | management action plan must shall demonstrate compliance with |
226 | the pollutant reductions established under pursuant to |
227 | subsection (6) by either implementing the appropriate best |
228 | management practices established pursuant to paragraph (c) or |
229 | conducting water quality monitoring prescribed by the department |
230 | or a water management district. A nonpoint source discharger |
231 | may, in accordance with department rules, supplement the |
232 | implementation of best-management practices with water quality |
233 | credit trades in order to demonstrate compliance with the |
234 | pollutant reductions established under subsection (6). |
235 | h. A nonpoint source discharger included in a basin |
236 | management action plan may be subject to enforcement action by |
237 | the department or a water management district based upon a |
238 | failure to implement the responsibilities set forth in sub- |
239 | subparagraph g. |
240 | i. A landowner, discharger, or other responsible person |
241 | who is implementing applicable management strategies specified |
242 | in an adopted basin management action plan shall not be required |
243 | by permit, enforcement action, or otherwise to implement |
244 | additional management strategies to reduce pollutant loads to |
245 | attain the pollutant reductions established pursuant to |
246 | subsection (6) and shall be deemed to be in compliance with this |
247 | section. This subparagraph does not limit the authority of the |
248 | department to amend a basin management action plan as specified |
249 | in subparagraph (a)5. |
250 | (c) Best management practices.-- |
251 | 1. The department, in cooperation with the water |
252 | management districts and other interested parties, as |
253 | appropriate, may develop suitable interim measures, best |
254 | management practices, or other measures necessary to achieve the |
255 | level of pollution reduction established by the department for |
256 | nonagricultural nonpoint pollutant sources in allocations |
257 | developed pursuant to subsection (6) and this subsection. These |
258 | practices and measures may be adopted by rule by the department |
259 | and the water management districts pursuant to ss. 120.536(1) |
260 | and 120.54, and, where adopted by rule, shall be implemented by |
261 | those parties responsible for nonagricultural nonpoint source |
262 | pollution. |
263 | 2. The Department of Agriculture and Consumer Services may |
264 | develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 |
265 | suitable interim measures, best management practices, or other |
266 | measures necessary to achieve the level of pollution reduction |
267 | established by the department for agricultural pollutant sources |
268 | in allocations developed pursuant to subsection (6) and this |
269 | subsection or for programs implemented pursuant to paragraph |
270 | (13)(b) (11)(b). These practices and measures may be implemented |
271 | by those parties responsible for agricultural pollutant sources |
272 | and the department, the water management districts, and the |
273 | Department of Agriculture and Consumer Services shall assist |
274 | with implementation. In the process of developing and adopting |
275 | rules for interim measures, best management practices, or other |
276 | measures, the Department of Agriculture and Consumer Services |
277 | shall consult with the department, the Department of Health, the |
278 | water management districts, representatives from affected |
279 | farming groups, and environmental group representatives. Such |
280 | rules must shall also incorporate provisions for a notice of |
281 | intent to implement the practices and a system to assure the |
282 | implementation of the practices, including recordkeeping |
283 | requirements. |
284 | 3. Where interim measures, best management practices, or |
285 | other measures are adopted by rule, the effectiveness of such |
286 | practices in achieving the levels of pollution reduction |
287 | established in allocations developed by the department pursuant |
288 | to subsection (6) and this subsection or in programs implemented |
289 | pursuant to paragraph (13)(b) must (11)(b) shall be verified at |
290 | representative sites by the department. The department shall use |
291 | best professional judgment in making the initial verification |
292 | that the best management practices are reasonably expected to be |
293 | effective and, where applicable, must shall notify the |
294 | appropriate water management district or the Department of |
295 | Agriculture and Consumer Services of its initial verification |
296 | before prior to the adoption of a rule proposed pursuant to this |
297 | paragraph. Implementation, in accordance with rules adopted |
298 | under this paragraph, of practices that have been initially |
299 | verified to be effective, or verified to be effective by |
300 | monitoring at representative sites, by the department, shall |
301 | provide a presumption of compliance with state water quality |
302 | standards and release from the provisions of s. 376.307(5) for |
303 | those pollutants addressed by the practices, and the department |
304 | is not authorized to institute proceedings against the owner of |
305 | the source of pollution to recover costs or damages associated |
306 | with the contamination of surface water or groundwater caused by |
307 | those pollutants. Research projects funded by the department, a |
308 | water management district, or the Department of Agriculture and |
309 | Consumer Services to develop or demonstrate interim measures or |
310 | best management practices shall be granted a presumption of |
311 | compliance with state water quality standards and a release from |
312 | the provisions of s. 376.307(5). The presumption of compliance |
313 | and release is shall be limited to the research site and only |
314 | for those pollutants addressed by the interim measures or best |
315 | management practices. Eligibility for the presumption of |
316 | compliance and release is shall be limited to research projects |
317 | on sites where the owner or operator of the research site and |
318 | the department, a water management district, or the Department |
319 | of Agriculture and Consumer Services have entered into a |
320 | contract or other agreement that, at a minimum, specifies the |
321 | research objectives, the cost-share responsibilities of the |
322 | parties, and a schedule that details the beginning and ending |
323 | dates of the project. |
324 | 4. Where water quality problems are demonstrated, despite |
325 | the appropriate implementation, operation, and maintenance of |
326 | best management practices and other measures required by |
327 | according to rules adopted under this paragraph, the department, |
328 | a water management district, or the Department of Agriculture |
329 | and Consumer Services, in consultation with the department, |
330 | shall institute a reevaluation of the best management practice |
331 | or other measure. Should the reevaluation determine that the |
332 | best management practice or other measure requires modification, |
333 | the department, a water management district, or the Department |
334 | of Agriculture and Consumer Services, as appropriate, shall |
335 | revise the rule to require implementation of the modified |
336 | practice within a reasonable time period as specified in the |
337 | rule. |
338 | 5. Agricultural records relating to processes or methods |
339 | of production, costs of production, profits, or other financial |
340 | information held by the Department of Agriculture and Consumer |
341 | Services pursuant to subparagraphs 3. and 4. or pursuant to any |
342 | rule adopted pursuant to subparagraph 2. are confidential and |
343 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
344 | Constitution. Upon request, records made confidential and exempt |
345 | pursuant to this subparagraph shall be released to the |
346 | department or any water management district provided that the |
347 | confidentiality specified by this subparagraph for such records |
348 | is maintained. |
349 | 6. The provisions of subparagraphs 1. and 2. do shall not |
350 | preclude the department or water management district from |
351 | requiring compliance with water quality standards or with |
352 | current best management practice requirements set forth in any |
353 | applicable regulatory program authorized by law for the purpose |
354 | of protecting water quality. Additionally, subparagraphs 1. and |
355 | 2. are applicable only to the extent that they do not conflict |
356 | with any rules adopted by the department that are necessary to |
357 | maintain a federally delegated or approved program. |
358 | (8) WATER QUALITY CREDIT TRADING.-- |
359 | (a) Water quality credit trading must be consistent with |
360 | federal law and regulation. |
361 | (b) Water quality credit trading must be implemented |
362 | through permits, including water quality credit trading permits, |
363 | other authorizations, or other legally binding agreements as |
364 | established by department rule. |
365 | (c) The department shall establish the pollutant load- |
366 | reduction value of water quality credits and shall be |
367 | responsible for authorizing their use. |
368 | (d) A person that acquires water quality credits ("buyer") |
369 | shall timely submit to the department an affidavit, signed by |
370 | the buyer and the credit generator ("seller"), disclosing the |
371 | term of acquisition, number of credits, unit credit price paid, |
372 | and any state funding received for the facilities or activities |
373 | that generate the credits. The department shall not participate |
374 | in the establishment of credit prices. |
375 | (e) Sellers of water quality credits are responsible for |
376 | achieving the load reductions on which the credits are based and |
377 | complying with the terms of the department authorization and any |
378 | trading agreements into which they may have entered. |
379 | (f) Buyers of water quality credits are responsible for |
380 | complying with the terms of the department water discharge |
381 | permit. |
382 | (g) The department shall take appropriate action to |
383 | address the failure of a credit seller to fulfill its |
384 | obligations, including, as necessary, deeming the seller's |
385 | credits invalid if the seller cannot achieve the load reductions |
386 | on which the credits were based in a reasonable time. If the |
387 | department determines duly acquired water quality credits to be |
388 | invalid, in whole or in part, thereby causing the credit buyer |
389 | to be unable to timely meet its pollutant-reduction obligations |
390 | under this section, the department shall issue an order |
391 | establishing the actions required of the buyer to meet its |
392 | obligations by alternative means and a reasonable schedule for |
393 | completing the actions. The invalidation of credits shall not |
394 | itself constitute a violation of the buyer's water discharge |
395 | permit. |
396 | (9)(8) RULES.--The department is authorized to adopt rules |
397 | pursuant to ss. 120.536(1) and 120.54 for: |
398 | (a) Delisting water bodies or water body segments from the |
399 | list developed under subsection (4) pursuant to the guidance |
400 | under subsection (5).; |
401 | (b) Administering Administration of funds to implement the |
402 | total maximum daily load and basin management action planning |
403 | programs.; |
404 | (c) Water quality credit Procedures for pollutant trading |
405 | among the pollutant sources to a water body or water body |
406 | segment. By September 1, 2008, rulemaking must be initiated |
407 | which provides for the following:, including a mechanism for the |
408 | issuance and tracking of pollutant credits. Such procedures may |
409 | be implemented through permits or other authorizations and must |
410 | be legally binding. Prior to adopting rules for pollutant |
411 | trading under this paragraph, and no later than November 30, |
412 | 2006, the Department of Environmental Protection shall submit a |
413 | report to the Governor, the President of the Senate, and the |
414 | Speaker of the House of Representatives containing |
415 | recommendations on such rules, including the proposed basis for |
416 | equitable economically based agreements and the tracking and |
417 | accounting of pollution credits or other similar mechanisms. |
418 | Such recommendations shall be developed in cooperation with a |
419 | technical advisory committee that includes experts in pollutant |
420 | trading and representatives of potentially affected parties; |
421 | 1. The process to be used to determine how credits are |
422 | generated, quantified, and validated. |
423 | 2. A publicly accessible water quality credit trading |
424 | registry that tracks water quality credits, trading activities, |
425 | and prices paid for credits. |
426 | 3. Limitations on the availability and use of water |
427 | quality credits, including a list of eligible pollutants or |
428 | parameters and minimum water quality requirements and, where |
429 | appropriate, adjustments to reflect best-management practice |
430 | performance uncertainties and water-segment-specific location |
431 | factors. |
432 | 4. The timing and duration of credits and allowance for |
433 | credit transferability. |
434 | 5. Mechanisms for determining and ensuring compliance with |
435 | trading procedures, including recordkeeping, monitoring, |
436 | reporting, and inspections. |
437 |
|
438 | At the time of publication of the draft rules on water quality |
439 | credit trading, the department shall submit a copy to the United |
440 | States Environmental Protection Agency for review. |
441 | (d) The total maximum daily load calculation in accordance |
442 | with paragraph (6)(a) immediately upon the effective date of |
443 | this act, for those eight water segments within Lake Okeechobee |
444 | proper as submitted to the United States Environmental |
445 | Protection Agency pursuant to subsection (2).;and |
446 | (e) Implementation of other specific provisions. |
447 | (10) Water quality credit trading shall be limited to the |
448 | Lower St. Johns River Basin, as defined by the department, as a |
449 | pilot project. The department may authorize water quality credit |
450 | trading and establish specific requirements for trading in the |
451 | adopted basin management action plan for the Lower St. Johns |
452 | River Basin prior to the adoption of rules under paragraph |
453 | (9)(c) in order to effectively implement the pilot project. |
454 | Entities that participate in water quality credit trades shall |
455 | timely report to the department the prices for credits, how the |
456 | prices were determined, and any state funding received for the |
457 | facilities or activities that generated the credits. The |
458 | department shall not participate in the establishment of credit |
459 | prices. No later than 24 months after adoption of the basin |
460 | management action plan for the Lower St. Johns River, the |
461 | department shall submit a report to the Governor, the President |
462 | of the Senate, and the Speaker of the House of Representatives |
463 | on the effectiveness of the pilot project, including the |
464 | following information: |
465 | (a) A summary of how water quality credit trading was |
466 | implemented, including the number of pounds of pollutants |
467 | traded. |
468 | (b) A description of the individual trades and estimated |
469 | pollutant load reductions that are expected to result from each |
470 | trade. |
471 | (c) A description of any conditions placed on trades. |
472 | (d) Prices associated with the trades, as reported by the |
473 | traders. |
474 | (e) A recommendation as to whether other areas of the |
475 | state would benefit from water quality credit trading and, if |
476 | so, an identification of the statutory changes necessary to |
477 | expand the scope of trading. |
478 | Section 2. Paragraphs (e) and (f) of subsection (2) of |
479 | section 403.088, Florida Statutes, are amended to read: |
480 | 403.088 Water pollution operation permits; conditions.-- |
481 | (2) |
482 | (e) However, if the discharge will not meet permit |
483 | conditions or applicable statutes and rules, the department may |
484 | issue, renew, revise, or reissue the operation permit if: |
485 | 1. The applicant is constructing, installing, or placing |
486 | into operation, or has submitted plans and a reasonable schedule |
487 | for constructing, installing, or placing into operation, an |
488 | approved pollution abatement facility or alternative waste |
489 | disposal system; |
490 | 2. The applicant needs permission to pollute the waters |
491 | within the state for a period of time necessary to complete |
492 | research, planning, construction, installation, or operation of |
493 | an approved and acceptable pollution abatement facility or |
494 | alternative waste disposal system; |
495 | 3. There is no present, reasonable, alternative means of |
496 | disposing of the waste other than by discharging it into the |
497 | waters of the state; |
498 | 4. The granting of an operation permit will be in the |
499 | public interest; or |
500 | 5. The discharge will not be unreasonably destructive to |
501 | the quality of the receiving waters; or. |
502 | 6. A water quality credit trade that meets the |
503 | requirements of s. 403.067. |
504 | (f) A permit issued, renewed, or reissued pursuant to |
505 | paragraph (e) shall be accompanied by an order establishing a |
506 | schedule for achieving compliance with all permit conditions. |
507 | Such permit may require compliance with the accompanying order. |
508 | Section 3. This act shall take effect July 1, 2008. |
509 |
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510 |
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