Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 1514
Barcode 916276
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/12/2011 .
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The Committee on Agriculture (Montford) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 317 and 318
4 insert:
5 Section 7. Section 403.08853, Florida Statutes, is created
6 to read:
7 403.08853 National Pollutant Discharge Elimination System
8 permits for water management districts and local governments.—
9 (1) Whenever any National Pollutant Discharge Elimination
10 System permit issued pursuant to s. 403.0885 or any associated
11 administrative order issued pursuant to s. 403.088 directly or
12 indirectly causes a local government or water management
13 district to incur costs in excess of $10 million to comply with
14 one or more water-quality-based effluent limitations, the
15 department, in consultation with the affected local government
16 or water management district, shall conduct a use attainability
17 analysis consistent with 40 C.F.R. s. 131.10(g). The $10 million
18 threshold for this requirement is met if any National Pollutant
19 Discharge Elimination System permit or associated administrative
20 order, together with other National Pollutant Discharge
21 Elimination System permits or administrative orders for
22 discharges to the same water body, directly or indirectly cause
23 compliance costs to exceed this threshold through application of
24 related effluent limitations for the same water quality
25 parameter.
26 (2) The department and the water management district or
27 local government shall present the results of the use
28 attainability analysis at one or more public hearings before the
29 Environmental Regulation Commission. Based on the results of the
30 use attainability analysis and information received from the
31 public, the Environmental Regulation Commission shall adopt
32 appropriate relief mechanisms, including, without limitation, a
33 temporary variance or subcategorization of use, if it determines
34 that attainment of the designated use is not feasible based on
35 any of the factors set forth in 40 C.F.R. s. 131.10(g).
36 (3) Ten days before the adoption of any relief mechanism by
37 the Environmental Regulation Commission, the department shall
38 submit any such relief mechanism and supporting information to
39 the United States Environmental Protection Agency for review
40 pursuant to 33 U.S.C. s. 1313(c).
41
42 ================= T I T L E A M E N D M E N T ================
43 And the title is amended as follows:
44 Between lines 29 and 30
45 insert:
46 creating s. 403.08853, F.S.; requiring that the
47 Department of Environmental Protection conduct a use
48 attainability analysis if a permit issued under the
49 National Pollutant Discharge Elimination System causes
50 a water management district or local government to
51 incur costs in excess of a specified amount; requiring
52 that the results of the analysis be presented at a
53 public hearing before the Environmental Regulation
54 Commission; requiring that the commission adopt relief
55 mechanisms under certain circumstances; requiring that
56 the department submit certain information to the
57 United States Environmental Protection Agency before
58 the adoption of any relief mechanism;