Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. PCS (279658) for CS for SB 918
Ì8818808Î881880
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/22/2015 .
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The Committee on Appropriations (Hays) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 3321 - 3609
4 and insert:
5 governments have primary responsibility for providing domestic
6 wastewater collection and treatment services and stormwater
7 management. The foregoing responsible entities must coordinate
8 to restore and maintain the water quantity and water quality of
9 the Outstanding Florida Springs.
10 (3) The Legislature recognizes that:
11 (a) A spring is only as healthy as its local aquifer
12 system. The groundwater that supplies springs is derived from
13 water that recharges the aquifer system in the form of seepage
14 from the land surface and through direct conduits, such as
15 sinkholes. Springs may be adversely affected by polluted runoff
16 from urban and agricultural lands; discharges resulting from
17 inadequate wastewater and stormwater management practices;
18 stormwater runoff; and reduced water levels of the Floridan
19 Aquifer. As a result, the hydrologic and environmental
20 conditions of a spring or spring run are directly influenced by
21 activities and land uses within a springshed and by water
22 withdrawals from the Floridan Aquifer.
23 (b) Springs, whether found in urban or rural settings, or
24 on public or private lands, may be threatened by actual or
25 potential flow reductions and declining water quality. Many of
26 this state’s springs are demonstrating signs of significant
27 ecological imbalance, increased nutrient loading, and declining
28 flow. Without effective remedial action, further declines in
29 water quality and water quantity may occur.
30 (c) Springshed boundaries and areas of high vulnerability
31 within a springshed need to be identified and delineated using
32 the best available data.
33 (d) Springsheds typically cross water management district
34 boundaries and local government jurisdictional boundaries, so a
35 coordinated statewide springs protection plan is needed.
36 (e) The aquifers and springs of this state are complex
37 systems affected by many variables and influences.
38 (4) The Legislature recognizes that action is urgently
39 needed and, as additional data is acquired, action must be
40 modified.
41 Section 29. Section 373.802, Florida Statutes, is created
42 to read:
43 373.802 Definitions.—As used in this part, the term:
44 (1) “Department” means the Department of Environmental
45 Protection, which includes the Florida Geological Survey or its
46 successor agencies.
47 (2) “Local government” means a county or municipal
48 government the jurisdictional boundaries of which include an
49 Outstanding Florida Spring or any part of a springshed or
50 delineated priority focus area of an Outstanding Florida Spring.
51 (3) “Onsite sewage treatment and disposal system” means a
52 system that contains a standard subsurface, filled, or mound
53 drainfield system; an aerobic treatment unit; a graywater system
54 tank; a laundry wastewater system tank; a septic tank; a grease
55 interceptor; a pump tank; a solids or effluent pump; a
56 waterless, incinerating, or organic waste-composting toilet; or
57 a sanitary pit privy that is installed or proposed to be
58 installed beyond the building sewer on land of the owner or on
59 other land on which the owner has the legal right to install
60 such system. The term includes any item placed within, or
61 intended to be used as a part of or in conjunction with, the
62 system. The term does not include package sewage treatment
63 facilities and other treatment works regulated under chapter
64 403.
65 (4) “Outstanding Florida Spring” includes all historic
66 first magnitude springs, including their associated spring runs,
67 as determined by the department using the most recent Florida
68 Geological Survey springs bulletin, and the following additional
69 springs, including their associated spring runs:
70 (a) De Leon Springs;
71 (b) Peacock Springs;
72 (c) Poe Springs;
73 (d) Rock Springs;
74 (e) Wekiwa Springs; and
75 (f) Gemini Springs.
76
77 The term does not include submarine springs or river rises.
78 (5) “Priority focus area” means the area or areas of a
79 basin where the Floridan Aquifer is generally most vulnerable to
80 pollutant inputs where there is a known connectivity between
81 groundwater pathways and an Outstanding Florida Spring, as
82 determined by the department in consultation with the
83 appropriate water management districts, and delineated in a
84 basin management action plan.
85 (6) “Springshed” means the areas within the groundwater and
86 surface water basins which contribute, based upon all relevant
87 facts, circumstances, and data, to the discharge of a spring as
88 defined by potentiometric surface maps and surface watershed
89 boundaries.
90 (7) “Spring run” means a body of flowing water that
91 originates from a spring or whose primary source of water is a
92 spring or springs under average rainfall conditions.
93 (8) “Spring vent” means a location where groundwater flows
94 out of a natural, discernible opening in the ground onto the
95 land surface or into a predominantly fresh surface water body.
96 Section 30. Section 373.803, Florida Statutes, is created
97 to read:
98 373.803 Delineation of priority focus areas for Outstanding
99 Florida Springs.—Using the best data available from the water
100 management districts and other credible sources, the department,
101 in coordination with the water management districts, shall
102 delineate priority focus areas for each Outstanding Florida
103 Spring or group of springs that contains one or more Outstanding
104 Florida Springs and is identified as impaired in accordance with
105 s. 373.807. In delineating priority focus areas, the department
106 shall consider groundwater travel time to the spring,
107 hydrogeology, nutrient load, and any other factors that may lead
108 to degradation of an Outstanding Florida Spring. The delineation
109 of priority focus areas must be completed by July 1, 2018, shall
110 use understood and identifiable boundaries such as roads or
111 political jurisdictions for ease of implementation, and is
112 effective upon incorporation in a basin management action plan.
113 Section 31. Section 373.805, Florida Statutes, is created
114 to read:
115 373.805 Minimum flows and minimum water levels for
116 Outstanding Florida Springs.—
117 (1) At the time a minimum flow or minimum water level is
118 adopted pursuant to s. 373.042 for an Outstanding Florida
119 Spring, if the spring is below or is projected within 20 years
120 to fall below the minimum flow or minimum water level, a water
121 management district or the department shall concurrently adopt a
122 recovery or prevention strategy.
123 (2) When a minimum flow or minimum water level for an
124 Outstanding Florida Spring is revised pursuant to s.
125 373.0421(3), if the spring is below or is projected within 20
126 years to fall below the minimum flow or minimum water level, a
127 water management district or the department shall concurrently
128 adopt a recovery or prevention strategy or modify an existing
129 recovery or prevention strategy. A district or the department
130 may adopt the revised minimum flow or minimum water level before
131 the adoption of a recovery or prevention strategy if the revised
132 minimum flow or minimum water level is less constraining on
133 existing or projected future consumptive uses.
134 (3) For an Outstanding Florida Spring without an adopted
135 recovery or prevention strategy, if a district or the department
136 determines the spring has fallen below, or is projected within
137 20 years to fall below, the adopted minimum flow or minimum
138 water level, a water management district or the department shall
139 expeditiously adopt a recovery or prevention strategy.
140 (4) The recovery or prevention strategy for each
141 Outstanding Florida Spring must, at a minimum, include:
142 (a) A listing of all specific projects identified for
143 implementation of the plan;
144 (b) A priority listing of each project;
145 (c) For each listed project, the estimated cost of and the
146 estimated date of completion;
147 (d) The source and amount of financial assistance to be
148 made available by the water management district for each listed
149 project, which may not be less than 25 percent of the total
150 project cost unless a specific funding source or sources are
151 identified which will provide more than 75 percent of the total
152 project cost. The Northwest Florida Water Management District
153 and the Suwannee River Water Management District are not
154 required to meet the minimum requirement to receive financial
155 assistance pursuant to this paragraph;
156 (e) An estimate of each listed project’s benefit to an
157 Outstanding Florida Spring; and
158 (f) An implementation plan designed with a target to
159 achieve the adopted minimum flow or minimum water level no more
160 than 20 years after the adoption of a recovery or prevention
161 strategy. The implementation plan must include a schedule of 5-,
162 10-, and 15-year measureable milestones intended to achieve the
163 adopted minimum flow or minimum water level. The schedule is not
164 a rule but is intended to provide guidance for planning and
165 funding purposes and is exempt from s. 120.54(1)(a).
166 (5) A local government may apply to the department for a
167 single extension of up to 5 years for any project in an adopted
168 recovery or prevention strategy. The department may grant the
169 extension if the local government provides to the department
170 sufficient evidence that an extension is in the best interest of
171 the public. For a local government in a rural area of
172 opportunity, as defined in s. 288.0656, the department may grant
173 a single extension of up to 10 years.
174 Section 32. Section 373.807, Florida Statutes, is created
175 to read:
176 373.807 Protection of water quality in Outstanding Florida
177 Springs.—By July 1, 2015, the department shall initiate
178 assessment, pursuant to s. 403.067(3), of each Outstanding
179 Florida Spring for which an impairment determination has not
180 been made under the numeric nutrient standards in effect for
181 spring vents. Assessments must be completed by July 1, 2018.
182 (1)(a) Concurrent with the adoption of a nutrient total
183 maximum daily load for an Outstanding Florida Spring, the
184 department, or the department in conjunction with a water
185 management district, shall initiate development of a basin
186 management action plan, as specified in s. 403.067. For an
187 Outstanding Florida Spring with a nutrient total maximum daily
188 load adopted before July 1, 2015, the department, or the
189 department in conjunction with a water management district,
190 shall initiate development of a basin management action plan by
191 July 1, 2015. During the development of a basin management
192 action plan, if the department identifies onsite sewage
193 treatment and disposal systems as contributors of at least 20
194 percent of nonpoint source nitrogen pollution or if the
195 department determines remediation is necessary to achieve the
196 total maximum daily load, the basin management action plan shall
197 include an onsite sewage treatment and disposal system
198 remediation plan pursuant to subsection (3) for those systems
199 identified as requiring remediation.
200 (b) A basin management action plan for an Outstanding
201 Florida Spring shall be adopted within 2 years after its
202 initiation and must include, at a minimum:
203 1. A list of all specific projects and programs identified
204 to implement a nutrient total maximum daily load;
205 2. A list of all specific projects identified in any
206 incorporated onsite sewage treatment and disposal system
207 remediation plan, if applicable;
208 3. A priority rank for each listed project;
209 4. For each listed project, a planning level cost estimate
210 and the estimated date of completion;
211 5. The source and amount of financial assistance to be made
212 available by the department, a water management district, or
213 other entity for each listed project;
214 6. An estimate of each listed project’s nutrient load
215 reduction;
216 7. Identification of each point source or category of
217 nonpoint sources, including, but not limited to, urban turf
218 fertilizer, sports turf fertilizer, agricultural fertilizer,
219 onsite sewage treatment and disposal systems, wastewater
220 treatment facilities, animal wastes, and stormwater facilities.
221 An estimated allocation of the pollutant load must be provided
222 for each point source or category of nonpoint sources; and
223 8. An implementation plan designed with a target to achieve
224 the adopted nutrient total maximum daily load no more than 20
225 years after the adoption of a basin management action plan. The
226 plan must include a schedule of 5-, 10-, and 15-year measureable
227 milestones intended to achieve the adopted nutrient total
228 maximum daily load. The schedule is not a rule but is intended
229 to provide guidance for planning and funding purposes and is
230 exempt from s. 120.54(1)(a).
231 (c) For a basin management action plan adopted before July
232 1, 2015, which addresses an Outstanding Florida Spring, the
233 department or the department in conjunction with a water
234 management district must revise the plan if necessary to comply
235 with this section by July 1, 2018.
236 (d) A local government may apply to the department for an
237 extension of up to 5 years for any project in an adopted basin
238 management action plan. A local government in a rural area of
239 opportunity, as defined in s. 288.0656, may apply for an
240 extension of up to 10 years for such a project. The department
241 may grant the extension if the local government provides to the
242 department sufficient evidence that an extension is in the best
243 interest of the public.
244 (2) By July 1, 2016, each local government, as defined in
245 s. 373.802(2), that has not adopted an ordinance pursuant to s.
246 403.9337, shall develop, enact, and implement an ordinance
247 pursuant to that section. It is the intent of the Legislature
248 that ordinances required to be adopted under this subsection
249 reflect the latest scientific information, advancements, and
250 technological improvements in the industry.
251 (3) As part of a basin management action plan that includes
252 an Outstanding Florida Spring, the department, in consultation
253 with the Department of Health, relevant local governments, and
254 relevant local public and private wastewater utilities, shall
255 develop an onsite sewage treatment and disposal system
256 remediation plan for a spring if the department determines
257 onsite sewage treatment and disposal systems within a priority
258 focus area contribute at least 20 percent of nonpoint source
259 nitrogen pollution or if the department determines remediation
260 is necessary to achieve the total daily maximum load. This plan
261 shall be completed and adopted as part of the basin management
262 action plan no later than the first 5-year milestone required by
263 subparagraph (1)(b)8. In preparing this plan, the department
264 shall:
265 (a) Collect and evaluate credible scientific information on
266 the effect of nutrients, particularly forms of nitrogen, on
267 springs and springs systems;
268 (b) Develop a public education plan to provide area
269 residents with reliable, understandable information about onsite
270 sewage treatment and disposal systems and springs;
271 and
272 (c) Identify projects necessary to reduce the nutrient
273 impacts from onsite sewage treatment and disposal systems.
274
275 In addition to the requirements in s. 403.067, the plan shall
276 include options for repair, upgrade, replacement, drainfield
277 modification, addition of effective nitrogen reducing features,
278 connection to a central sewerage system, or other action for an
279 onsite sewage treatment and disposal system or group of systems
280 within a priority focus area that contribute at least 20 percent
281 of nonpoint source nitrogen pollution or if the department
282 determines remediation is necessary to achieve a total maximum
283 daily load. For these systems, the department shall include in
284 the plan a priority ranking for each system or group of systems
285 that requires remediation and shall award funds to implement the
286 remediation projects contingent on an appropriation in the
287 General Appropriations Act, which may include all or part of the
288 costs necessary for repair, upgrade, replacement, drainfield
289 modification, addition of effective nitrogen reducing features,
290 initial connection to a central sewerage system, or other
291 action. In awarding funds, the
292
293 ================= T I T L E A M E N D M E N T ================
294 And the title is amended as follows:
295 Delete lines 179 - 186
296 and insert:
297 department in consultation with the Department of
298 Health and relevant local governments and utilities,
299 to develop onsite sewage treatment and disposal system
300 remediation plans under certain circumstances;
301 creating s.