Florida Senate - 2020                                     SB 326
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00240C-20                                            2020326__
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         s. 403.706, F.S.; specifying requirements for
    4         contracts between residential recycling collectors or
    5         recovered materials processing facilities and counties
    6         or municipalities for the collection or processing of
    7         residential recycling material; prohibiting counties
    8         and municipalities from requiring the collection,
    9         transport, or processing of contaminated recyclable
   10         material by residential recycling collectors or
   11         recovered materials processing facilities; defining
   12         the term “residential recycling collector”; providing
   13         applicability; amending s. 403.813, F.S.; prohibiting
   14         local governments from requiring further verification
   15         from the Department of Environmental Protection for
   16         certain projects; revising the types of dock and pier
   17         replacements and repairs that are exempt from such
   18         verification and certain permitting requirements;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (22) of section 403.706, Florida
   24  Statutes, is renumbered as subsection (23), and a new subsection
   25  (22) is added to that section, to read:
   26         403.706 Local government solid waste responsibilities.—
   27         (22)(a)Each contract between a residential recycling
   28  collector and a county or municipality for the collection or
   29  transport of residential recyclable material, and each request
   30  for proposal or other solicitation for the collection of
   31  residential recyclable material, must include all of the
   32  following:
   33         1.The respective strategies and obligations of the county
   34  or municipality and the residential recycling collector to
   35  reduce the amount of contaminated recyclable material being
   36  collected.
   37         2.The procedures for identifying, documenting, managing,
   38  and rejecting residential recycling containers, truck loads,
   39  carts, or bins that contain contaminated recyclable material.
   40         3.The remedies authorized to be used if a container, cart,
   41  or bin contains contaminated recyclable material.
   42         4.The education and enforcement measures that will be used
   43  to reduce the amount of contaminated recyclable material.
   44         5.A definition of the term “contaminated recyclable
   45  material” that is appropriate for the local community, taking
   46  into consideration available markets for recyclable material,
   47  available waste composition studies, and other relevant factors.
   48         (b)Each contract between a recovered materials processing
   49  facility and a county or municipality for processing residential
   50  recyclable material, and each request for proposal or other
   51  solicitation for processing residential recyclable material,
   52  must include all of the following:
   53         1.The respective strategies and obligations of the county
   54  or municipality and the facility to reduce the amount of
   55  contaminated recyclable material being collected and processed.
   56         2.The procedures for identifying, documenting, managing,
   57  and rejecting residential recycling containers, truck loads,
   58  carts, or bins that contain contaminated recyclable material.
   59         3.The remedies authorized to be used if a container or
   60  truck load contains contaminated recyclable material.
   61         4.A definition of the term “contaminated recyclable
   62  material” that is appropriate for the local community, taking
   63  into consideration available markets for recyclable material,
   64  available waste composition studies, and other relevant factors.
   65         (c)A residential recycling collector is not required to
   66  collect or transport contaminated recyclable material, except
   67  pursuant to a contract consistent with paragraph (a). As used in
   68  this subsection, the term “residential recycling collector”
   69  means a for-profit business entity that collects and transports
   70  residential recyclable material on behalf of a county or
   71  municipality.
   72         (d)A recovered materials processing facility is not
   73  required to process contaminated recyclable material, except
   74  pursuant to a contract consistent with paragraph (b).
   75         (e)This subsection applies to each contract between a
   76  municipality or county and a residential recycling collector or
   77  recovered materials processing facility executed or renewed
   78  after October 1, 2020.
   79         (f)This subsection applies only to the collection and
   80  processing of material obtained from residential recycling
   81  activities. As used in this subsection, the term “contaminated
   82  recyclable material” refers only to recyclable material that is
   83  comingled or mixed with solid waste or other nonhazardous
   84  material. The term does not include contamination as that term
   85  or a derivation of that term is used in chapter 376 and other
   86  sections of chapter 403, including, but not limited to,
   87  brownfield site cleanup, water quality remediation, drycleaning
   88  solvent-contaminated site cleanup, petroleum-contaminated site
   89  cleanup, cattle dipping vat site cleanup, or other hazardous
   90  waste remediation.
   91         Section 2. Subsection (1) of section 403.813, Florida
   92  Statutes, is amended to read:
   93         403.813 Permits issued at district centers; exceptions.—
   94         (1) A permit is not required under this chapter, chapter
   95  373, chapter 61-691, Laws of Florida, or chapter 25214 or
   96  chapter 25270, 1949, Laws of Florida, and a local government may
   97  not require a person claiming this exception to provide further
   98  department verification, for activities associated with the
   99  following types of projects; however, except as otherwise
  100  provided in this subsection, this subsection does not relieve an
  101  applicant from any requirement to obtain permission to use or
  102  occupy lands owned by the Board of Trustees of the Internal
  103  Improvement Trust Fund or a water management district in its
  104  governmental or proprietary capacity or from complying with
  105  applicable local pollution control programs authorized under
  106  this chapter or other requirements of county and municipal
  107  governments:
  108         (a) The installation of overhead transmission lines, having
  109  with support structures that which are not constructed in waters
  110  of the state and which do not create a navigational hazard.
  111         (b) The installation and repair of mooring pilings and
  112  dolphins associated with private docking facilities or piers and
  113  the installation of private docks, piers, and recreational
  114  docking facilities, or piers and recreational docking facilities
  115  of local governmental entities when the local governmental
  116  entity’s activities will not take place in any manatee habitat,
  117  any of which docks:
  118         1. Has 500 square feet or less of over-water surface area
  119  for a dock which is located in an area designated as Outstanding
  120  Florida Waters or 1,000 square feet or less of over-water
  121  surface area for a dock which is located in an area that which
  122  is not designated as Outstanding Florida Waters;
  123         2. Is constructed on or held in place by pilings or is a
  124  floating dock which is constructed so as not to involve filling
  125  or dredging other than that necessary to install the pilings;
  126         3. May Shall not substantially impede the flow of water or
  127  create a navigational hazard;
  128         4. Is used for recreational, noncommercial activities
  129  associated with the mooring or storage of boats and boat
  130  paraphernalia; and
  131         5. Is the sole dock constructed pursuant to this exemption
  132  as measured along the shoreline for a distance of 65 feet,
  133  unless the parcel of land or individual lot as platted is less
  134  than 65 feet in length along the shoreline, in which case there
  135  may be one exempt dock may be allowed per parcel or lot.
  136  
  137  Nothing in This paragraph does not shall prohibit the department
  138  from taking appropriate enforcement action pursuant to this
  139  chapter to abate or prohibit any activity otherwise exempt from
  140  permitting pursuant to this paragraph if the department can
  141  demonstrate that the exempted activity has caused water
  142  pollution in violation of this chapter.
  143         (c) The installation and maintenance to design
  144  specifications of boat ramps on artificial bodies of water where
  145  navigational access to the proposed ramp exists or the
  146  installation of boat ramps open to the public in any waters of
  147  the state where navigational access to the proposed ramp exists
  148  and where the construction of the proposed ramp will be less
  149  than 30 feet wide and will involve the removal of less than 25
  150  cubic yards of material from the waters of the state, and the
  151  maintenance to design specifications of such ramps.; however,
  152  The material to be removed shall be placed on upon a self
  153  contained, upland spoil site which will so as to prevent the
  154  escape of the spoil material into the waters of the state.
  155         (d) The replacement or repair of existing docks and piers,
  156  except that fill material may not be used and the replacement or
  157  repaired dock or pier must be within 5 feet of the same location
  158  and no larger in size than the existing dock or pier, and no
  159  additional aquatic resources may be adversely and permanently
  160  impacted by such replacement or repair in the same location and
  161  of the same configuration and dimensions as the dock or pier
  162  being replaced or repaired. This does not preclude the use of
  163  different construction materials or minor deviations to allow
  164  upgrades to current structural and design standards.
  165         (e) The restoration of seawalls at their previous locations
  166  or upland of, or within 18 inches waterward of, their previous
  167  locations. However, This may shall not affect the permitting
  168  requirements of chapter 161, and department rules shall clearly
  169  indicate that this exception does not constitute an exception
  170  from the permitting requirements of chapter 161.
  171         (f) The performance of maintenance dredging of existing
  172  manmade canals, channels, intake and discharge structures, and
  173  previously dredged portions of natural water bodies within
  174  drainage rights-of-way or drainage easements which have been
  175  recorded in the public records of the county, when where the
  176  spoil material is to be removed and placed deposited on a self
  177  contained, upland spoil site which will prevent the escape of
  178  the spoil material into the waters of the state, provided that
  179  no more dredging is to be performed than is necessary to restore
  180  the canals, channels, and intake and discharge structures, and
  181  previously dredged portions of natural water bodies, to original
  182  design specifications or configurations, provided that the work
  183  is conducted in compliance with s. 379.2431(2)(d), provided that
  184  no significant impacts occur to previously undisturbed natural
  185  areas, and provided that control devices for return flow and
  186  best management practices for erosion and sediment control are
  187  used utilized to prevent bank erosion and scouring and to
  188  prevent turbidity, dredged material, and toxic or deleterious
  189  substances from discharging into adjacent waters during
  190  maintenance dredging. Further, For maintenance dredging of
  191  previously dredged portions of natural water bodies within
  192  recorded drainage rights-of-way or drainage easements, an entity
  193  that seeks an exemption must notify the department or water
  194  management district, as applicable, at least 30 days before
  195  prior to dredging and provide documentation of original design
  196  specifications or configurations when where such exist. This
  197  exemption applies to all canals and previously dredged portions
  198  of natural water bodies within recorded drainage rights-of-way
  199  or drainage easements constructed before prior to April 3, 1970,
  200  and to those canals and previously dredged portions of natural
  201  water bodies constructed on or after April 3, 1970, pursuant to
  202  all necessary state permits. This exemption does not apply to
  203  the removal of a natural or manmade barrier separating a canal
  204  or canal system from adjacent waters. When no previous permit
  205  has been issued by the Board of Trustees of the Internal
  206  Improvement Trust Fund or the United States Army Corps of
  207  Engineers for construction or maintenance dredging of the
  208  existing manmade canal or intake or discharge structure, such
  209  maintenance dredging shall be limited to a depth of no more than
  210  5 feet below mean low water. The Board of Trustees of the
  211  Internal Improvement Trust Fund may fix and recover from the
  212  permittee an amount equal to the difference between the fair
  213  market value and the actual cost of the maintenance dredging for
  214  material removed during such maintenance dredging;. however, a
  215  no charge may not shall be exacted by the state for material
  216  removed during such maintenance dredging by a public port
  217  authority. The removing party may subsequently sell such
  218  material; however, proceeds from such sale that exceed the costs
  219  of maintenance dredging shall be remitted to the state and
  220  deposited in the Internal Improvement Trust Fund.
  221         (g) The maintenance of existing insect control structures,
  222  dikes, and irrigation and drainage ditches, provided that spoil
  223  material is placed deposited on a self-contained, upland spoil
  224  site which will prevent the escape of the spoil material into
  225  waters of the state. In the case of insect control structures,
  226  if the cost of using a self-contained, upland spoil site is so
  227  excessive, as determined by the Department of Health, pursuant
  228  to s. 403.088(1), that it will inhibit proposed insect control,
  229  then-existing spoil sites or dikes may be used, upon
  230  notification to the department. In the case of insect control
  231  where upland spoil sites are not used pursuant to this
  232  exemption, turbidity control devices shall be used to confine
  233  the spoil material discharge to that area previously disturbed
  234  when the receiving body of water is used as a potable water
  235  supply, is designated as shellfish harvesting waters, or
  236  functions as a habitat for commercially or recreationally
  237  important shellfish or finfish. In all cases, no more dredging
  238  is to be performed than is necessary to restore the dike or
  239  irrigation or drainage ditch to its original design
  240  specifications.
  241         (h) The repair or replacement of existing functional pipes
  242  or culverts the purpose of which is the discharge or conveyance
  243  of stormwater. In all cases, the invert elevation, the diameter,
  244  and the length of the culvert may shall not be changed. However,
  245  the material used for the culvert may be different from the
  246  original.
  247         (i) The construction of private docks of 1,000 square feet
  248  or less of over-water surface area and seawalls in artificially
  249  created waterways when where such construction will not violate
  250  existing water quality standards, impede navigation, or affect
  251  flood control. This exemption does not apply to the construction
  252  of vertical seawalls in estuaries or lagoons unless the proposed
  253  construction is within an existing manmade canal where the
  254  shoreline is currently occupied in whole or part by vertical
  255  seawalls.
  256         (j) The construction and maintenance of swales.
  257         (k) The installation of aids to navigation and buoys
  258  associated with such aids, provided the devices are marked
  259  pursuant to s. 327.40.
  260         (l) The replacement or repair of existing open-trestle foot
  261  bridges and vehicular bridges that are 100 feet or less in
  262  length and two lanes or less in width, provided that no more
  263  dredging or filling of submerged lands is performed other than
  264  that which is necessary to replace or repair pilings and that
  265  the structure to be replaced or repaired is the same length, the
  266  same configuration, and in the same location as the original
  267  bridge. No Debris from the original bridge may not shall be
  268  allowed to remain in the waters of the state.
  269         (m) The installation of subaqueous transmission and
  270  distribution lines laid on, or embedded in, the bottoms of
  271  waters in the state, except in Class I and Class II waters and
  272  aquatic preserves, provided no dredging or filling is necessary.
  273         (n) The replacement or repair of subaqueous transmission
  274  and distribution lines laid on, or embedded in, the bottoms of
  275  waters of the state.
  276         (o) The construction of private seawalls in wetlands or
  277  other surface waters when where such construction is between and
  278  adjoins at both ends existing seawalls; follows a continuous and
  279  uniform seawall construction line with the existing seawalls; is
  280  not no more than 150 feet in length; and does not violate
  281  existing water quality standards, impede navigation, or affect
  282  flood control. However, in estuaries and lagoons the
  283  construction of vertical seawalls is limited to the
  284  circumstances and purposes stated in s. 373.414(5)(b)1.-4. This
  285  paragraph does not affect the permitting requirements of chapter
  286  161, and department rules must clearly indicate that this
  287  exception does not constitute an exception from the permitting
  288  requirements of chapter 161.
  289         (p) The restoration of existing insect control impoundment
  290  dikes which are less than 100 feet in length. Such impoundments
  291  shall be connected to tidally influenced waters for 6 months
  292  each year beginning September 1 and ending February 28 if
  293  feasible or operated in accordance with an impoundment
  294  management plan approved by the department. A dike restoration
  295  may involve no more dredging than is necessary to restore the
  296  dike to its original design specifications. For the purposes of
  297  this paragraph, restoration does not include maintenance of
  298  impoundment dikes of operating insect control impoundments.
  299         (q) The construction, operation, or maintenance of
  300  stormwater management facilities which are designed to serve
  301  single-family residential projects, including duplexes,
  302  triplexes, and quadruplexes, if they are less than 10 acres
  303  total land and have less than 2 acres of impervious surface and
  304  if the facilities:
  305         1. Comply with all regulations or ordinances applicable to
  306  stormwater management and adopted by a city or county;
  307         2. Are not part of a larger common plan of development or
  308  sale; and
  309         3. Discharge into a stormwater discharge facility exempted
  310  or permitted by the department under this chapter which has
  311  sufficient capacity and treatment capability as specified in
  312  this chapter and is owned, maintained, or operated by a city,
  313  county, special district with drainage responsibility, or water
  314  management district; however, this exemption does not authorize
  315  discharge to a facility without the facility owner’s prior
  316  written consent.
  317         (r) The removal of aquatic plants, the removal of tussocks,
  318  the associated replanting of indigenous aquatic plants, and the
  319  associated removal from lakes of organic detrital material when
  320  such planting or removal is performed and authorized by permit
  321  or exemption granted under s. 369.20 or s. 369.25, provided
  322  that:
  323         1. Organic detrital material that exists on the surface of
  324  natural mineral substrate shall be allowed to be removed to a
  325  depth of 3 feet or to the natural mineral substrate, whichever
  326  is less;
  327         2. All material removed pursuant to this paragraph shall be
  328  placed on a self-contained, deposited in an upland spoil site
  329  which in a manner that will prevent the escape reintroduction of
  330  the spoil material into waters in the state except when spoil
  331  material is permitted to be used to create wildlife islands in
  332  freshwater bodies of the state when a governmental entity is
  333  permitted pursuant to s. 369.20 to create such islands as a part
  334  of a restoration or enhancement project;
  335         3. All activities are performed in a manner consistent with
  336  state water quality standards; and
  337         4. No Activities under this exemption are not conducted in
  338  wetland areas, as defined in s. 373.019(27), which are supported
  339  by a natural soil as shown in applicable United States
  340  Department of Agriculture county soil surveys, except when a
  341  governmental entity is permitted pursuant to s. 369.20 to
  342  conduct such activities as a part of a restoration or
  343  enhancement project.
  344  
  345  The department may not adopt implementing rules for this
  346  paragraph, notwithstanding any other provision of law.
  347         (s) The construction, installation, operation, or
  348  maintenance of floating vessel platforms or floating boat lifts,
  349  provided that such structures:
  350         1. Float at all times in the water for the sole purpose of
  351  supporting a vessel so that the vessel is out of the water when
  352  not in use;
  353         2. Are wholly contained within a boat slip previously
  354  permitted under ss. 403.91-403.929, 1984 Supplement to the
  355  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  356  do not exceed a combined total of 500 square feet, or 200 square
  357  feet in an Outstanding Florida Water, when associated with a
  358  dock that is exempt under this subsection or associated with a
  359  permitted dock with no defined boat slip or attached to a
  360  bulkhead on a parcel of land where there is no other docking
  361  structure;
  362         3. Are not used for any commercial purpose or for mooring
  363  vessels that remain in the water when not in use, and do not
  364  substantially impede the flow of water, create a navigational
  365  hazard, or unreasonably infringe upon the riparian rights of
  366  adjacent property owners, as defined in s. 253.141;
  367         4. Are constructed and used so as to minimize adverse
  368  impacts to submerged lands, wetlands, shellfish areas, aquatic
  369  plant and animal species, and other biological communities,
  370  including locating such structures in areas where seagrasses are
  371  least dense adjacent to the dock or bulkhead; and
  372         5. Are not constructed in areas specifically prohibited for
  373  boat mooring under conditions of a permit issued in accordance
  374  with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
  375  1983, as amended, or part IV of chapter 373, or other form of
  376  authorization issued by a local government.
  377  
  378  Structures that qualify for this exemption are relieved from any
  379  requirement to obtain permission to use or occupy lands owned by
  380  the Board of Trustees of the Internal Improvement Trust Fund
  381  and, with the exception of those structures attached to a
  382  bulkhead on a parcel of land where there is no docking
  383  structure, may shall not be subject to any more stringent
  384  permitting requirements, registration requirements, or other
  385  regulation by any local government. Local governments may
  386  require either permitting or one-time registration of floating
  387  vessel platforms to be attached to a bulkhead on a parcel of
  388  land where there is no other docking structure as necessary to
  389  ensure compliance with local ordinances, codes, or regulations.
  390  Local governments may require either permitting or one-time
  391  registration of all other floating vessel platforms as necessary
  392  to ensure compliance with the exemption criteria in this
  393  section; to ensure compliance with local ordinances, codes, or
  394  regulations relating to building or zoning, which are no more
  395  stringent than the exemption criteria in this section or address
  396  subjects other than subjects addressed by the exemption criteria
  397  in this section; and to ensure proper installation, maintenance,
  398  and precautionary or evacuation action following a tropical
  399  storm or hurricane watch of a floating vessel platform or
  400  floating boat lift that is proposed to be attached to a bulkhead
  401  or parcel of land where there is no other docking structure. The
  402  exemption provided in this paragraph shall be in addition to the
  403  exemption provided in paragraph (b). The department shall adopt
  404  a general permit by rule for the construction, installation,
  405  operation, or maintenance of those floating vessel platforms or
  406  floating boat lifts that do not qualify for the exemption
  407  provided in this paragraph but do not cause significant adverse
  408  impacts to occur individually or cumulatively. The issuance of
  409  such general permit shall also constitute permission to use or
  410  occupy lands owned by the Board of Trustees of the Internal
  411  Improvement Trust Fund. No Local governments may not government
  412  shall impose a more stringent regulation, permitting
  413  requirement, registration requirement, or other regulation
  414  covered by such general permit. Local governments may require
  415  either permitting or one-time registration of floating vessel
  416  platforms as necessary to ensure compliance with the general
  417  permit in this section; to ensure compliance with local
  418  ordinances, codes, or regulations relating to building or zoning
  419  that are no more stringent than the general permit in this
  420  section; and to ensure proper installation and maintenance of a
  421  floating vessel platform or floating boat lift that is proposed
  422  to be attached to a bulkhead or parcel of land where there is no
  423  other docking structure.
  424         (t) The repair, stabilization, or paving of existing county
  425  maintained roads and the repair or replacement of bridges that
  426  are part of the roadway, within the Northwest Florida Water
  427  Management District and the Suwannee River Water Management
  428  District, provided:
  429         1. The road and associated bridge were in existence and in
  430  use as a public road or bridge, and were maintained by the
  431  county as a public road or bridge on or before January 1, 2002;
  432         2. The construction activity does not realign the road or
  433  expand the number of existing traffic lanes of the existing
  434  road; however, the work may include the provision of safety
  435  shoulders, clearance of vegetation, and other work reasonably
  436  necessary to repair, stabilize, pave, or repave the road,
  437  provided that the work is constructed by generally accepted
  438  engineering standards;
  439         3. The construction activity does not expand the existing
  440  width of an existing vehicular bridge in excess of that
  441  reasonably necessary to properly connect the bridge with the
  442  road being repaired, stabilized, paved, or repaved to safely
  443  accommodate the traffic expected on the road, which may include
  444  expanding the width of the bridge to match the existing
  445  connected road. However, no Debris from the original bridge may
  446  not shall be allowed to remain in waters of the state, including
  447  wetlands;
  448         4. Best management practices for erosion control shall be
  449  employed as necessary to prevent water quality violations;
  450         5. Roadside swales or other effective means of stormwater
  451  treatment must be incorporated as part of the project;
  452         6. No more dredging or filling of wetlands or water of the
  453  state is performed than that which is reasonably necessary to
  454  repair, stabilize, pave, or repave the road or to repair or
  455  replace the bridge, in accordance with generally accepted
  456  engineering standards; and
  457         7. Notice of intent to use the exemption is provided to the
  458  department, if the work is to be performed within the Northwest
  459  Florida Water Management District, or to the Suwannee River
  460  Water Management District, if the work is to be performed within
  461  the Suwannee River Water Management District, 30 days before
  462  prior to performing any work under the exemption.
  463  
  464  Within 30 days after this act becomes a law, the department
  465  shall initiate rulemaking to adopt a no fee general permit for
  466  the repair, stabilization, or paving of existing roads that are
  467  maintained by the county and the repair or replacement of
  468  bridges that are part of the roadway where such activities do
  469  not cause significant adverse impacts to occur individually or
  470  cumulatively. The general permit shall apply statewide and, with
  471  no additional rulemaking required, apply to qualified projects
  472  reviewed by the Suwannee River Water Management District, the
  473  St. Johns River Water Management District, the Southwest Florida
  474  Water Management District, and the South Florida Water
  475  Management District under the division of responsibilities
  476  contained in the operating agreements applicable to part IV of
  477  chapter 373. Upon adoption, this general permit shall, pursuant
  478  to the provisions of subsection (2), supersede and replace the
  479  exemption in this paragraph.
  480         (u) Notwithstanding any provision to the contrary in this
  481  subsection, a permit or other authorization under chapter 253,
  482  chapter 369, chapter 373, or this chapter is not required for an
  483  individual residential property owner for the removal of organic
  484  detrital material from freshwater rivers or lakes that have a
  485  natural sand or rocky substrate and that are not Aquatic
  486  Preserves or for the associated removal and replanting of
  487  aquatic vegetation for the purpose of environmental enhancement,
  488  providing that:
  489         1. No activities under this exemption are conducted in
  490  wetland areas, as defined in s. 373.019(27), which are supported
  491  by a natural soil as shown in applicable United States
  492  Department of Agriculture county soil surveys.
  493         2. No filling or peat mining is allowed.
  494         3. No removal of native wetland trees, including, but not
  495  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
  496         4. When removing organic detrital material, no portion of
  497  the underlying natural mineral substrate or rocky substrate is
  498  removed.
  499         5. Removed organic detrital material and plant material
  500  removed is placed on deposited in an upland spoil site which in
  501  a manner that will not cause water quality violations.
  502         6. All activities are conducted in such a manner, and with
  503  appropriate turbidity controls, so as to prevent any water
  504  quality violations outside the immediate work area.
  505         7. Replanting with a variety of aquatic plants native to
  506  the state shall occur in a minimum of 25 percent of the
  507  preexisting vegetated areas where organic detrital material is
  508  removed, except for areas where the material is removed to bare
  509  rocky substrate; however, an area may be maintained clear of
  510  vegetation as an access corridor. The access corridor width may
  511  not exceed 50 percent of the property owner’s frontage or 50
  512  feet, whichever is less, and may be a sufficient length
  513  waterward to create a corridor to allow access for a boat or
  514  swimmer to reach open water. Replanting must be at a minimum
  515  density of 2 feet on center and be completed within 90 days
  516  after removal of existing aquatic vegetation, except that under
  517  dewatered conditions replanting must be completed within 90 days
  518  after reflooding. The area to be replanted must extend waterward
  519  from the ordinary high water line to a point where normal water
  520  depth would be 3 feet or the preexisting vegetation line,
  521  whichever is less. Individuals are required to make a reasonable
  522  effort to maintain planting density for a period of 6 months
  523  after replanting is complete, and the plants, including
  524  naturally recruited native aquatic plants, must be allowed to
  525  expand and fill in the revegetation area. Native aquatic plants
  526  to be used for revegetation must be salvaged from the
  527  enhancement project site or obtained from an aquatic plant
  528  nursery regulated by the Department of Agriculture and Consumer
  529  Services. Plants that are not native to the state may not be
  530  used for replanting.
  531         8. No activity occurs any farther than 100 feet waterward
  532  of the ordinary high water line, and all activities must be
  533  designed and conducted in a manner that will not unreasonably
  534  restrict or infringe upon the riparian rights of adjacent upland
  535  riparian owners.
  536         9. The person seeking this exemption notifies the
  537  applicable department district office in writing at least 30
  538  days before commencing work and allows the department to conduct
  539  a preconstruction site inspection. Notice must include an
  540  organic-detrital-material removal and disposal plan and, if
  541  applicable, a vegetation-removal and revegetation plan.
  542         10. The department is provided written certification of
  543  compliance with the terms and conditions of this paragraph
  544  within 30 days after completion of any activity occurring under
  545  this exemption.
  546         (v) Notwithstanding any other provision in this chapter,
  547  chapter 373, or chapter 161, a permit or other authorization is
  548  not required for the following exploratory activities associated
  549  with beach restoration and nourishment projects and inlet
  550  management activities:
  551         1. The collection of geotechnical, geophysical, and
  552  cultural resource data, including surveys, mapping, acoustic
  553  soundings, benthic and other biologic sampling, and coring.
  554         2. Oceanographic instrument deployment, including temporary
  555  installation on the seabed of coastal and oceanographic data
  556  collection equipment.
  557         3. Incidental excavation associated with any of the
  558  activities listed under subparagraph 1. or subparagraph 2.
  559         Section 3. This act shall take effect July 1, 2020.