Florida Senate - 2019                                    SB 1340
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-01597A-19                                          20191340__
    1                        A bill to be entitled                      
    2         An act relating to water pollution operation permits;
    3         amending s. 369.20, F.S.; removing the exemption from
    4         the requirement to obtain a water pollution permit for
    5         the application of herbicides to state waters;
    6         defining the term “herbicide”; amending s. 403.088,
    7         F.S.; requiring certain pesticide management plans for
    8         water pollution operation permits; defining the term
    9         “multimodal biological control”; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (9) of section 369.20, Florida
   15  Statutes, is amended to read:
   16         369.20 Florida Aquatic Weed Control Act.—
   17         (9) The application of herbicides to waters of the state
   18  for the control of aquatic plants, algae, or invasive exotic
   19  plants is not exempt from the requirement to obtain a water
   20  pollution operation permit pursuant to except as provided in ss.
   21  403.088 and 403.0885. As used in this subsection, the term
   22  “herbicide” means a chemical substance used to control or
   23  manipulate undesirable vegetation.
   24         Section 2. Paragraph (c) of subsection (2) of section
   25  403.088, Florida Statutes, is amended to read:
   26         403.088 Water pollution operation permits; conditions.—
   27         (2)
   28         (c) A permit shall:
   29         1. Specify the manner, nature, volume, and frequency of the
   30  discharge permitted;
   31         2. Require proper operation and maintenance of any
   32  pollution abatement facility by qualified personnel in
   33  accordance with standards established by the department;
   34         3. Contain such additional conditions, requirements, and
   35  restrictions as the department deems necessary to preserve and
   36  protect the quality of the receiving waters;
   37         4. Be valid for the period of time specified therein; and
   38         5. Constitute the state National Pollutant Discharge
   39  Elimination System permit when issued pursuant to the authority
   40  in s. 403.0885; and
   41         6. Require a pesticide management plan that implements
   42  multimodal biological control of aquatic plants, algae, or
   43  invasive exotic plants before the application of pesticides. As
   44  used in this paragraph, the term “multimodal biological control”
   45  means the use of complementary native species to reduce the
   46  population of target nuisance species at the surface, middle,
   47  and bottom of an underwater environment to provide a more
   48  effective form of maintenance and protection.
   49         Section 3. This act shall take effect July 1, 2019.