CS/CS/CS/SB 1510 full text

Florida Senate - 2026 CS for CS for CS for SB 1510 By the Committee on Fiscal Policy; the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Environment and Natural Resources; and Senator Massullo 594-03337-26 20261510c3

1 A bill to be entitled

2 An act relating to the Department of Environmental

3 Protection; amending s. 20.255, F.S.; deleting

4 provisions creating the Environmental Regulation

5 Commission; amending s. 163.3205, F.S.; requiring an

6 applicant for specified permits to incorporate certain

7 additional protections in the development and

8 implementation of an erosion and sediment control plan

9 for the construction of a solar facility; specifying

10 requirements for such plan; specifying requirements

11 for an operational phase stormwater management system

12 serving a solar facility in a specified jurisdiction;

13 providing applicability; requiring an operator of a

14 solar facility or a proposed solar facility to

15 implement specified construction and operational

16 permit requirements; amending s. 259.035, F.S.;

17 expanding the membership of the Acquisition and

18 Restoration Council; providing requirements for

19 membership; defining the term “metropolitan”;

20 requiring the council to administer the Florida

21 Communities Trust; requiring the council to coordinate

22 with the department for rulemaking and grant cycle

23 administration of the trust; conforming provisions to

24 changes made by the act; amending s. 259.105, F.S.;

25 conforming a provision to changes made by the act;

26 amending s. 373.469, F.S.; requiring that residential

27 properties of a specified size located in a certain

28 area connect to a central sewer system or upgrade to a

29 specified type of nutrient-reducing wastewater

30 treatment system; requiring a permitting agency to

31 notify a property owner of such requirement if the

32 agency, before a certain date, receives an application

33 to repair, modify, or replace a conventional onsite

34 sewage treatment and disposal system on certain

35 property; amending s. 373.807, F.S.; authorizing

36 remediation plans for certain properties to have

37 certain requirements related to existing conventional

38 onsite sewage treatment and disposal systems;

39 repealing s. 373.811, F.S., relating to prohibited

40 activities within a basin management action plan;

41 amending s. 380.093, F.S.; revising the definition of

42 the term “community eligible for a reduced cost

43 share”; amending s. 380.502, F.S.; revising

44 legislative findings and intent for the Florida

45 Communities Trust; providing for the transfer of the

46 administration and oversight of the trust from the

47 department to the Acquisition and Restoration Council

48 for a specified purpose; amending s. 380.504, F.S.;

49 deleting provisions relating to the membership,

50 appointments, and organizational structure of the

51 governing body of the trust; providing the purpose of

52 the trust; amending s. 380.507, F.S.; deleting

53 provisions authorizing the trust to make certain

54 loans; revising the powers of the trust; repealing ss.

55 380.512, 380.513, and 380.514, F.S., relating to an

56 annual report, corporate existence, and inconsistent

57 provisions of other laws superseded, respectively;

58 reenacting and amending s. 381.0065, F.S.; authorizing

59 the department to annually review and audit certain

60 inspection and maintenance reports for certain

61 systems; authorizing the department to adopt rules to

62 establish certain procedures; requiring the department

63 to concurrently process operating permits and

64 construction permits under certain circumstances;

65 requiring that an operating permit be obtained before

66 the use of an engineer-designed performance-based

67 system; providing a timeframe for the validity of

68 certain operating permits; requiring an operating

69 permit modification upon certain changes or

70 modifications; providing requirements for subsequent

71 property owners when a property with an onsite sewage

72 treatment and disposal system that requires an

73 operating permit is sold or transferred; providing an

74 exception to certain fees under certain circumstances;

75 requiring an engineer-designed performance-based

76 system maintenance entity to submit a report to the

77 department on a specified basis; deleting a

78 requirement for a property owner to obtain a certain

79 permit from the department for certain onsite sewage

80 treatment and disposal systems; revising the approval

81 criteria for certain onsite sewage treatment and

82 disposal systems; requiring an aerobic treatment unit

83 maintenance entity to submit a report to the

84 department on a specified basis; deleting a

85 requirement that the department contract with or

86 delegate its powers and duties to a county only;

87 amending s. 403.067, F.S.; conforming a provision to

88 changes made by the act; providing a timeframe within

89 which a basin management action plan or plan amendment

90 becomes effective; prohibiting certain activities

91 within a basin management action plan, a reasonable

92 assurance plan, or a pollution reduction plan; making

93 a technical change; amending s. 403.0671, F.S.;

94 conforming a provision to changes made by the act;

95 amending s. 403.0872, F.S.; revising the date by which

96 major permitted sources of air pollution operating in

97 this state must pay an annual operation license fee;

98 authorizing the department to impose penalties if it

99 does not receive such fee by the specified date;

100 deleting provisions relating to costs for

101 administering air pollution construction permits;

102 amending s. 403.1838, F.S.; conforming provisions to

103 changes made by the act; repealing s. 403.804, F.S.,

104 relating to the powers and duties of the Environmental

105 Regulation Commission; amending s. 403.892, F.S.;

106 revising applicability of provisions relating to

107 development incentives for the use of graywater

108 technologies; amending ss. 120.81, 373.421, 403.031,

109 403.061, 403.704, 403.707, 403.7222, 403.7234,

110 403.803, 403.805, 403.8055, and 403.814, F.S.;

111 conforming provisions to changes made by the act;

112 amending ss. 376.302 and 380.5105, F.S.; conforming

113 cross-references; reenacting s. 381.0066(2)(k), F.S.,

114 relating to onsite sewage treatment and disposal

115 system fees, to incorporate the amendment made to s.

116 381.0065, F.S., in a reference thereto; reenacting s.

117 373.4595, F.S., relating to the Northern Everglades

118 and Estuaries Protection Program, to incorporate the

119 amendment made to s. 403.067, F.S., in a reference

120 thereto; reenacting s. 403.0873, F.S., relating to the

121 Florida Air-Operation License Fee Account, to

122 incorporate the amendment made to s. 403.0872, F.S.,

123 in a reference thereto; reenacting s. 403.1835(3)(d),

124 F.S., relating to water pollution control financial

125 assistance, to incorporate the amendment made to s.

126 403.1838, F.S., in a reference thereto; providing an

127 effective date.

129 Be It Enacted by the Legislature of the State of Florida:

131 Section 1. Subsection (6) of section 20.255, Florida

132 Statutes, is amended to read:

133 20.255 Department of Environmental Protection.—There is

134 created a Department of Environmental Protection.

135 ~~(6) There is created as a part of the Department of~~

136 ~~Environmental Protection an Environmental Regulation Commission.~~

137 ~~The commission shall be composed of seven residents of this~~

138 ~~state appointed by the Governor, subject to confirmation by the~~

139 ~~Senate. In making appointments, the Governor shall provide~~

140 ~~reasonable representation from all sections of the state.~~

141 ~~Membership shall be representative of agriculture, the~~

142 ~~development industry, local government, the environmental~~

143 ~~community, lay citizens, and members of the scientific and~~

144 ~~technical community who have substantial expertise in the areas~~

145 ~~of the fate and transport of water pollutants, toxicology,~~

146 ~~epidemiology, geology, biology, environmental sciences, or~~

147 ~~engineering. The Governor shall appoint the chair, and the vice~~

148 ~~chair shall be elected from among the membership. All~~

149 ~~appointments shall be for 4-year terms. The Governor may at any~~

150 ~~time fill a vacancy for the unexpired term. The members of the~~

151 ~~commission shall serve without compensation, but shall be paid~~

152 ~~travel and per diem as provided in s. 112.061 while in the~~

153 ~~performance of their official duties. Administrative, personnel,~~

154 ~~and other support services necessary for the commission shall be~~

155 ~~furnished by the department. The commission may employ~~

156 ~~independent counsel and contract for the services of outside~~

157 ~~technical consultants.~~

158 Section 2. Section 163.3205, Florida Statutes, is amended

159 to read:

160 163.3205 Solar facility approval process ; best management

161 practices for stormwater .—

162 (1) LEGISLATIVE INTENT.— It is the intent of the Legislature

163 to encourage renewable solar electrical generation throughout

164 this state. It is essential that solar facilities and associated

165 electric infrastructure be constructed and maintained in various

166 locations throughout this state in order to ensure the

167 availability of renewable energy production, which is critical

168 to this state’s energy and economic future.

169 (2) DEFINITIONS.— As used in this section, the term “solar

170 facility” means a production facility for electric power which:

171 (a) Uses photovoltaic modules to convert solar energy to

172 electricity that may be stored on site, delivered to a

173 transmission system, and consumed primarily offsite.

174 (b) Consists principally of photovoltaic modules, a

175 mounting or racking system, power inverters, transformers,

176 collection systems, battery systems, fire suppression equipment,

177 and associated components.

178 (c) May include accessory administration or maintenance

179 buildings, electric transmission lines, substations, energy

180 storage equipment, and related accessory uses and structures.

181 (3) PERMITTED USE.— A solar facility is ~~shall be~~ a permitted

182 use in all agricultural land use categories in a local

183 government comprehensive plan and all agricultural zoning

184 districts within an unincorporated area and must comply with the

185 setback and landscaped buffer area criteria for other similar

186 uses in the agricultural district.

187 (4) LANDSCAPE REQUIREMENTS.— A county may adopt an ordinance

188 specifying buffer and landscaping requirements for solar

189 facilities. Such requirements may not exceed the requirements

190 for similar uses involving the construction of other facilities

191 that are permitted uses in agricultural land use categories and

192 zoning districts.

193 (5) BEST MANAGEMENT PRACTICES FOR STORMWATER.—

194 (a) An applicant for a permit under s. 373.413 for a

195 stormwater management system related to the construction of a

196 solar facility must incorporate site specific and appropriate

197 additional protections in the development and implementation of

198 an erosion and sediment control (E&SC) plan. Such E&SC plan must

199 include, but not be limited to, all of the following:

200 1. Soil percolation testing on the premises of the proposed

201 solar facility.

202 2. Implementation of stormwater best management practices

203 and related erosion controls for runoff during the construction

204 of the solar facility based on rainfall amounts up to the 100

205 year, 24-hour design storm for the project site.

206 3. Clearing and stabilization in phases as needed to reduce

207 disturbed portions of the project site, which may be susceptible

208 to erosion during construction.

209 4. Inspections performed by a certified Florida Stormwater,

210 Erosion, and Sedimentation Control Inspector during construction

211 to ensure the E&SC plan is implemented in accordance with s.

212 373.413.

213 (b) An operational phase stormwater management system

214 permitted in accordance with s. 373.4145 serving a solar

215 facility within the jurisdictional boundary of the Northwest

216 Florida Water Management District shall be designed based on the

217 100-year, 24-hour design storm for the project site. This

218 provision applies to applications for solar facilities filed

219 after July 1, 2026.

220 (c) An operator of a solar facility or a proposed solar

221 facility shall implement all construction and operational permit

222 requirements as developed and applicable pursuant to paragraph

223 (a).

224 (6) APPLICABILITY.— This section does not apply to any site

225 that was the subject of an application to construct a solar

226 facility submitted to a local governmental entity before July 1,

227 2021.

228 Section 3. Paragraph (a) of subsection (1) and subsections

229 (2), (3), and (5) of section 259.035, Florida Statutes, are

230 amended to read:

231 259.035 Acquisition and Restoration Council.—

232 (1) There is created the Acquisition and Restoration

233 Council.

234 (a) The council shall be composed of 12 10 voting members,

235 6 4 of whom shall be appointed by the Governor. Of these 6 ~~four~~

236 appointees, 3 must ~~three shall~~ be from scientific disciplines

237 related to land, water, or environmental sciences , 1 must ~~and~~

238 ~~the fourth shall~~ have at least 5 years of experience in managing

239 lands for both active and passive types of recreation , 1 must be

240 a former elected official of a county, and 1 must be a former

241 elected official of a metropolitan municipality. As used in this

242 paragraph, the term “metropolitan” has the same meaning as in s.

243 380.503 . They shall serve 4-year terms, except that, initially,

244 to provide for staggered terms, 2 ~~two~~ of the appointees shall

245 serve 2-year terms. All subsequent appointments shall be for 4

246 year terms. An appointee may not serve more than 6 years. The

247 Governor may at any time fill a vacancy for the unexpired term

248 of a member appointed under this paragraph.

249 (2) The 6 ~~four~~ members of the council appointed pursuant to

250 paragraph (1)(a) ~~(a)~~ and the 2 ~~two~~ members of the council

251 appointed pursuant to paragraph (1)(c) ~~(c)~~ shall receive

252 reimbursement for expenses and per diem for travel, to attend

253 council meetings, as allowed state officers and employees while

254 in the performance of their duties, pursuant to s. 112.061.

255 (3) The council shall :

256 (a) Provide assistance to the board in reviewing the

257 recommendations and plans for state-owned conservation lands

258 required under s. 253.034 and this chapter. The council shall,

259 in reviewing such plans, consider the optimization of multiple

260 use and conservation strategies to accomplish the provisions

261 funded pursuant to former s. 259.101(3)(a), Florida Statutes

262 2014, and to s. 259.105(3)(b).

263 (b) Effective July 1, 2026, administer the Florida

264 Communities Trust established in ss. 380.501–380.515, including

265 reviewing, approving, and overseeing project applications and

266 disbursements, and implementation measures consistent with the

267 trust’s purposes. The council shall coordinate with the

268 department for rulemaking and grant cycle administration for the

269 trust, ensuring alignment with the Florida Forever Act and the

270 state’s conservation priorities.

271 (5) An affirmative vote of 6 ~~five~~ members of the council is

272 required in order to change a project boundary or to place a

273 proposed project on a list developed pursuant to subsection (4).

274 Any member of the council , who by family or a business

275 relationship has a connection with all or a portion of any

276 proposed project , shall declare the interest before voting on

277 its inclusion on a list.

278 Section 4. Paragraph (i) of subsection (4) of section

279 259.105, Florida Statutes, is amended to read:

280 259.105 The Florida Forever Act.—

281 (4) It is the intent of the Legislature that projects or

282 acquisitions funded pursuant to paragraphs (3)(a) and (b)

283 contribute to the achievement of the following goals, which

284 shall be evaluated in accordance with specific criteria and

285 numeric performance measures developed pursuant to s.

286 259.035(4):

287 (i) Mitigate the effects of natural disasters and floods in

288 developed areas, as measured by:

289 1. The number of acres acquired within a 100-year

290 floodplain or a coastal high hazard area;

291 2. The number of acres acquired or developed to serve dual

292 functions as:

293 a. Flow ways or temporary water storage areas during

294 flooding or high water events, not including permanent

295 reservoirs; and

296 b. Greenways or open spaces available to the public for

297 recreation;

298 3. The number of acres that protect existing open spaces

299 and natural buffer areas within a floodplain that also serve as

300 natural flow ways or natural temporary water storage areas; and

301 4. The percentage of the land acquired within the project

302 boundary that creates additional open spaces, natural buffer

303 areas, and greenways within a floodplain, while precluding

304 rebuilding in areas that repeatedly flood.

306 Florida Forever projects and acquisitions funded pursuant to

307 paragraph (3)(c) shall be measured by goals developed by rule by

308 the Florida Communities Trust ~~Governing Board created in s.~~

309 ~~380.504~~ .

310 Section 5. Paragraph (d) of subsection (3) of section

311 373.469, Florida Statutes, is amended to read:

312 373.469 Indian River Lagoon Protection Program.—

313 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian

314 River Lagoon Protection Program consists of the Banana River

315 Lagoon Basin Management Action Plan, Central Indian River Lagoon

316 Basin Management Action Plan, North Indian River Lagoon Basin

317 Management Action Plan, and Mosquito Lagoon Reasonable Assurance

318 Plan, and such plans are the components of the Indian River

319 Lagoon Protection Program which achieve phosphorous and nitrogen

320 load reductions for the Indian River Lagoon.

321 (d) Onsite sewage treatment and disposal systems.—

322 1. Beginning on January 1, 2024, unless previously

323 permitted, the installation of new onsite sewage treatment and

324 disposal systems is prohibited within the Banana River Lagoon

325 Basin Management Action Plan, Central Indian River Lagoon Basin

326 Management Action Plan, North Indian River Lagoon Basin

327 Management Action Plan, and Mosquito Lagoon Reasonable Assurance

328 Plan areas where a publicly owned or investor-owned sewerage

329 system is available as defined in s. 381.0065(2)(a). Where

330 central sewerage is not available, only enhanced nutrient

331 reducing onsite sewage treatment and disposal systems or other

332 wastewater treatment systems that achieve at least 65 percent

333 nitrogen reduction are authorized.

334 2. By July 1, 2030, any commercial property or any

335 residential property of 10 acres or less with an existing onsite

336 sewage treatment and disposal system located within the Banana

337 River Lagoon Basin Management Action Plan, Central Indian River

338 Lagoon Basin Management Action Plan, North Indian River Lagoon

339 Basin Management Action Plan, and Mosquito Lagoon Reasonable

340 Assurance Plan areas must connect to central sewer if available

341 or upgrade to an enhanced nutrient-reducing onsite sewage

342 treatment and disposal system or other wastewater treatment

343 system that achieves at least 65 percent nitrogen reduction. For

344 all applications submitted before July 1, 2030, to a permitting

345 agency to repair, modify, or replace a conventional onsite

346 sewage treatment and disposal system on a commercial property or

347 a residential property of 10 acres or less, the permitting

348 agency shall notify the property owner of the requirement

349 provided in this subparagraph.

350 Section 6. Paragraph (a) of subsection (1) of section

351 373.807, Florida Statutes, is amended to read:

352 373.807 Protection of water quality in Outstanding Florida

353 Springs.—By July 1, 2016, the department shall initiate

354 assessment, pursuant to s. 403.067(3), of Outstanding Florida

355 Springs or spring systems for which an impairment determination

356 has not been made under the numeric nutrient standards in effect

357 for spring vents. Assessments must be completed by July 1, 2018.

358 (1)(a) Concurrent with the adoption of a nutrient total

359 maximum daily load for an Outstanding Florida Spring, the

360 department, or the department in conjunction with a water

361 management district, shall initiate development of a basin

362 management action plan, as specified in s. 403.067. For an

363 Outstanding Florida Spring with a nutrient total maximum daily

364 load adopted before July 1, 2016, the department, or the

365 department in conjunction with a water management district,

366 shall initiate development of a basin management action plan by

367 July 1, 2016. During the development of a basin management

368 action plan, if the department identifies onsite sewage

369 treatment and disposal systems as contributors of at least 20

370 percent of nonpoint source nitrogen pollution or if the

371 department determines remediation is necessary to achieve the

372 total maximum daily load, the basin management action plan must

373 ~~shall~~ include an onsite sewage treatment and disposal system

374 remediation plan pursuant to subsection (3) for those systems

375 identified as requiring remediation. For properties 10 acres or

376 less located outside the boundary of an established priority

377 focus area of an Outstanding Florida Spring but within the

378 boundary of a specific springs basin management action plan,

379 such remediation plans may require existing conventional onsite

380 sewage treatment and disposal systems to upgrade to a nutrient

381 reducing onsite sewage treatment and disposal system where

382 central sewerage is not available. Such remediation plan may

383 also require properties of any size located within the boundary

384 of an established priority focus area of an Outstanding Florida

385 Spring to upgrade existing conventional onsite sewage treatment

386 and disposal systems to a nutrient-reducing onsite sewage

387 treatment and disposal system where central sewerage is not

388 available.

389 Section 7. Section 373.811, Florida Statutes, is repealed.

390 Section 8. Paragraph (e) of subsection (5) of section

391 380.093, Florida Statutes, is amended to read:

392 380.093 Resilient Florida Grant Program; comprehensive

393 statewide flood vulnerability and sea level rise data set and

394 assessment; Statewide Flooding and Sea Level Rise Resilience

395 Plan; regional resilience entities.—

396 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—

397 (e) Each project included in the plan must have a minimum

398 50 percent cost share unless the project assists or is within a

399 community eligible for a reduced cost share. For purposes of

400 this section, the term “community eligible for a reduced cost

401 share” means:

402 1. A municipality that has a population of less than 10,000

403 ~~or fewer~~ , according to the most recent April 1 population

404 estimates posted on the Office of Economic and Demographic

405 Research’s website, and a per capita annual income that is less

406 than the state’s per capita annual income as shown in the most

407 recent release from the Bureau of the Census of the United

408 States Department of Commerce that includes both measurements;

409 2. A county that has a population of less than 50,000 or

410 ~~fewer~~ , according to the most recent April 1 population estimates

411 posted on the Office of Economic and Demographic Research’s

412 website, and a per capita annual income ~~that is~~ less than the

413 state’s per capita annual income as shown in the most recent

414 release from the Bureau of the Census of the United States

415 Department of Commerce that includes both measurements; or

416 3. A municipality or county that has a per capita annual

417 income ~~that is~~ equal to or less than 75 percent of the state’s

418 per capita annual income as shown in the most recent release

419 from the Bureau of the Census of the United States Department of

420 Commerce ; or

421 4. A municipality or county that is a rural community as

422 defined in s. 288.0656(2) .

423 Section 9. Subsection (3) of section 380.502, Florida

424 Statutes, is amended to read:

425 380.502 Legislative findings and intent.—

426 (3) The Legislature further finds that the goals of land

427 conservation and community development are best served through

428 coordinated decisionmaking and streamlined oversight. It is

429 therefore the intent of the Legislature to transfer the

430 administration and oversight of the Florida Communities Trust

431 from the Department of Environmental Protection to the

432 Acquisition and Restoration Council to improve consistency and

433 effectiveness in conservation land acquisition and resource

434 stewardship ~~It is the intent of the Legislature to establish a~~

435 ~~nonregulatory agency that will assist local governments in~~

436 ~~bringing local comprehensive plans into compliance and~~

437 ~~implementing the goals, objectives, and policies of the~~

438 ~~conservation, recreation and open space, and coastal elements of~~

439 ~~local comprehensive plans, or in conserving natural resources~~

440 ~~and resolving land use conflicts~~ by:

441 (a) Responding promptly and creatively to opportunities to

442 correct undesirable development patterns, restore degraded

443 natural areas, enhance resource values, restore deteriorated or

444 deteriorating urban waterfronts, preserve working waterfronts,

445 reserve lands for later purchase, participate in and promote the

446 use of innovative land acquisition methods, and provide public

447 access to surface waters.

448 (b) Providing financial and technical assistance to local

449 governments, state agencies, and nonprofit organizations to

450 carry out projects and activities and to develop programs

451 authorized by this part.

452 ~~(c) Involving local governments and private interests in~~

453 ~~voluntarily resolving land use conflicts and issues.~~

454 Section 10. Section 380.504, Florida Statutes, is amended

455 to read:

456 380.504 Florida Communities Trust; creation ~~; membership;~~

457 ~~expenses~~ .—

458 (1) There is created ~~within the Department of Environmental~~

459 ~~Protection a nonregulatory state agency and instrumentality,~~

460 ~~which shall be a public body corporate and politic, known as~~ the

461 “Florida Communities Trust , . ” administered by the Acquisition

462 and Restoration Council ~~The governing body of the trust shall~~

463 ~~consist of:~~

464 ~~(a) The Secretary of Environmental Protection; and~~

465 ~~(b) Four public members whom the Governor shall appoint~~

466 ~~subject to Senate confirmation.~~

468 ~~The Governor shall appoint a former elected official of a county~~

469 ~~government, a former elected official of a metropolitan~~

470 ~~municipal government, a representative of a nonprofit~~

471 ~~organization as defined in this part, and a representative of~~

472 ~~the development industry. The Secretary of Environmental~~

473 ~~Protection may appoint his or her deputy secretary, the director~~

474 ~~of the Division of State Lands, or the director of the Division~~

475 ~~of Recreation and Parks to serve in his or her absence. The~~

476 ~~Secretary of Environmental Protection shall be the chair of the~~

477 ~~governing body of the trust. The Governor shall make his or her~~

478 ~~appointments upon the expiration of any current terms or within~~

479 ~~60 days after the effective date of the resignation of any~~

480 ~~member~~ .

481 (2) The purpose of the trust is to assist local governments

482 in bringing into compliance and implementing the conservation,

483 recreation and open space, and coastal elements of their

484 comprehensive plans or in conserving natural resources and

485 resolving land use conflicts by providing financial assistance

486 to local governments and nonprofit environmental organizations

487 to carry out projects and activities authorized by this part Of

488 ~~the initial governing body members, two of the Governor’s~~

489 ~~appointees shall serve for a term of 2 years and the remaining~~

490 ~~one shall serve for a term of 4 years from the date of~~

491 ~~appointment. Thereafter, governing body members whom the~~

492 ~~Governor appoints shall serve for terms of 4 years. The Governor~~

493 ~~may fill any vacancy for an unexpired term~~ .

494 ~~(3) Governing body members shall receive no compensation~~

495 ~~for their services, but shall be entitled to the necessary~~

496 ~~expenses, including per diem and travel expenses, incurred in~~

497 ~~the discharge of their duties pursuant to this part, as provided~~

498 ~~by law.~~

499 Section 11. Subsections (6), (7), (9) through (12), and

500 (14) of section 380.507, Florida Statutes, are amended to read:

501 380.507 Powers of the trust.—The trust shall have all the

502 powers necessary or convenient to carry out the purposes and

503 provisions of this part, including:

504 (6) To award grants ~~and make loans~~ to local governments and

505 nonprofit organizations for the purposes listed in subsection

506 (2) and for acquiring fee title and less than fee title, such as

507 conservation easements or other interests in land, for the

508 purposes of this part.

509 (7) To provide by grant ~~or loan~~ up to the total cost of any

510 project approved according to this part, including the local

511 share of federally supported projects. The trust may require

512 local funding participation in projects. The trust shall

513 determine the funding it will provide by considering the total

514 amount of funding available for the project, the fiscal

515 resources of other project participants, the urgency of the

516 project relative to other eligible projects, and other factors

517 which the trust shall have prescribed by rule. The trust may

518 fund up to 100 percent of any local government land acquisition

519 costs, if part of an approved project.

520 (9) To review project recommendations and funding

521 priorities and provide acquisition decisions ~~To invest any funds~~

522 ~~held in reserves or sinking funds, or any funds not required for~~

523 ~~immediate disbursement, in such investments as may be authorized~~

524 ~~for trust funds under s. 215.47, and in any other authorized~~

525 ~~investments, if such investments are made on behalf of the trust~~

526 ~~by the State Board of Administration~~ .

527 (10) To contract for and to accept donations ~~gifts~~ , grants,

528 loans, or other aid from the United States Government or any

529 person or corporation, including donations ~~gifts~~ of real

530 property or any interest in real property.

531 (11) To submit project recommendations, funding priorities,

532 and acquisition decisions to the Acquisition and Restoration

533 Council, which shall have final approval authority over trust

534 expenditures and acquisitions ~~to make rules necessary to carry~~

535 ~~out the purposes of this part and to exercise any power granted~~

536 ~~in this part, pursuant to chapter 120. The trust shall adopt~~

537 ~~rules governing the acquisition of lands with proceeds from the~~

538 ~~Florida Forever Trust Fund, consistent with the intent expressed~~

539 ~~in the Florida Forever Act. Such rules for land acquisition must~~

540 ~~include, but are not limited to, procedures for appraisals and~~

541 ~~confidentiality consistent with ss. 125.355(1)(a) and (b) and~~

542 ~~166.045(1)(a) and (b), a method of determining a maximum~~

543 ~~purchase price, and procedures to assure that the land is~~

544 ~~acquired in a voluntarily negotiated transaction, surveyed,~~

545 ~~conveyed with marketable title, and examined for hazardous~~

546 ~~materials contamination. Land acquisition procedures of a local~~

547 ~~land authority created pursuant to s. 380.0663 may be used for~~

548 ~~the land acquisition programs described in former s.~~

549 ~~259.101(3)(c), Florida Statutes 2014, and in s. 259.105 if~~

550 ~~within areas of critical state concern designated pursuant to s.~~

551 ~~380.05, subject to approval of the trust~~ .

552 (12) To develop, in conjunction with the council, rules,

553 policies, and guidelines for the administration of the trust

554 consistent with this part and ss. 259.035 and 259.105 to

555 ~~contract with private consultants and nonprofit organizations~~

556 ~~for professional and technical assistance and advice~~ .

557 ~~(14) To conduct promotional campaigns, including~~

558 ~~advertising, for the sale of communities trust license plates~~

559 ~~authorized in s. 320.08058.~~

560 Section 12. Section 380.512, Florida Statutes, is repealed.

561 Section 13. Section 380.513, Florida Statutes, is repealed.

562 Section 14. Section 380.514, Florida Statutes, is repealed.

563 Section 15. Paragraph (n) of subsection (3) and subsections

564 (4) and (9) of section 381.0065, Florida Statutes, are amended,

565 and subsection (7) of that section is reenacted, to read:

566 381.0065 Onsite sewage treatment and disposal systems;

567 regulation.—

568 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL

569 PROTECTION.—The department shall:

570 (n) Regulate and permit maintenance entities for

571 performance-based treatment systems and aerobic treatment unit

572 systems. To ensure systems are maintained and operated according

573 to manufacturer’s specifications and designs, the department

574 shall establish by rule minimum qualifying criteria for

575 maintenance entities. The criteria shall include training,

576 access to approved spare parts and components, access to

577 manufacturer’s maintenance and operation manuals, and service

578 response time. The maintenance entity shall employ a contractor

579 licensed under s. 489.105(3)(m), or part III of chapter 489, or

580 a state-licensed wastewater plant operator, who is responsible

581 for maintenance and repair of all systems under contract. The

582 department may annually review and audit up to 25 percent of all

583 inspection and maintenance reports submitted by such maintenance

584 entities for performance-based treatment systems and aerobic

585 treatment unit systems. The department may adopt rules to

586 establish procedures for such audits.

587 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not

588 construct, repair, modify, abandon, or operate an onsite sewage

589 treatment and disposal system without first obtaining a permit

590 approved by the department. The department may issue permits to

591 carry out this section, except that the issuance of a permit for

592 work seaward of the coastal construction control line

593 established under s. 161.053 shall be contingent upon receipt of

594 any required coastal construction control line permit from the

595 department. A construction permit is valid for 18 months after

596 the date of issuance and may be extended by the department for

597 one 90-day period under rules adopted by the department. A

598 repair permit is valid for 90 days after the date of issuance.

599 When a person jointly applies for a construction permit and an

600 operating permit for the same onsite sewage treatment and

601 disposal system, the department shall concurrently process the

602 operating permit with the construction permit. An operating

603 permit must be obtained before the use of any aerobic treatment

604 unit or engineer-designed performance-based system, or if the

605 establishment generates commercial waste. Buildings or

606 establishments that ~~use an aerobic treatment unit or~~ generate

607 commercial waste shall be inspected by the department at least

608 annually to ensure ~~assure~~ compliance with the terms of the

609 operating permit. The operating permit for a commercial

610 wastewater system is valid for 1 year after the date of issuance

611 and must be renewed annually. The operating permit, where

612 required for a residential onsite sewage treatment and disposal

613 system, is valid for the lifetime of the installation; however,

614 any subsequent change in ownership of the property or any

615 modification of the wastewater system requires an operating

616 permit modification upon such change. When an onsite sewage

617 treatment and disposal system that requires an operating permit

618 is sold or transferred, the subsequent owner with a controlling

619 interest shall provide written notice and proof of ownership to

620 the department to amend the operating permit information within

621 60 days after such property sale or transfer ~~commercial~~

622 ~~wastewater system is valid for 1 year after the date of issuance~~

623 ~~and must be renewed annually. The operating permit for an~~

624 ~~aerobic treatment unit is valid for 2 years after the date of~~

625 ~~issuance and must be renewed every 2 years~~ . If all information

626 pertaining to the siting, location, and installation conditions

627 or repair of an onsite sewage treatment and disposal system

628 remains the same, a construction or repair permit for the onsite

629 sewage treatment and disposal system may be transferred to

630 another person, if the transferee files, within 60 days after

631 the transfer of ownership, an amended application providing all

632 corrected information and proof of ownership of the property. A

633 fee is not associated with the processing of this supplemental

634 information if only ownership information is updated to reflect

635 a permit transfer for a construction, repair, or an operating

636 permit . A person may not contract to construct, modify, alter,

637 repair, service, abandon, or maintain any portion of an onsite

638 sewage treatment and disposal system without being registered

639 under part III of chapter 489. A property owner who personally

640 performs construction, maintenance, or repairs to a system

641 serving his or her own owner-occupied single-family residence is

642 exempt from registration requirements for performing such

643 construction, maintenance, or repairs on that residence, but is

644 subject to all permitting requirements. A municipality or

645 political subdivision of the state may not issue a building or

646 plumbing permit for any building that requires the use of an

647 onsite sewage treatment and disposal system unless the owner or

648 builder has received a construction permit for such system from

649 the department. A building or structure may not be occupied and

650 a municipality, political subdivision, or any state or federal

651 agency may not authorize occupancy until the department approves

652 the final installation of the onsite sewage treatment and

653 disposal system. A municipality or political subdivision of the

654 state may not approve any change in occupancy or tenancy of a

655 building that uses an onsite sewage treatment and disposal

656 system until the department has reviewed the use of the system

657 with the proposed change, approved the change, and amended the

658 operating permit.

659 (a) Subdivisions and lots in which each lot has a minimum

660 area of at least one-half acre and either a minimum dimension of

661 100 feet or a mean of at least 100 feet of the side bordering

662 the street and the distance formed by a line parallel to the

663 side bordering the street drawn between the two most distant

664 points of the remainder of the lot may be developed with a water

665 system regulated under s. 381.0062 and onsite sewage treatment

666 and disposal systems, provided the projected daily sewage flow

667 does not exceed an average of 1,500 gallons per acre per day,

668 and provided satisfactory drinking water can be obtained and all

669 distance and setback, soil condition, water table elevation, and

670 other related requirements of this section and rules adopted

671 under this section can be met.

672 (b) Subdivisions and lots using a public water system as

673 defined in s. 403.852 may use onsite sewage treatment and

674 disposal systems, provided there are no more than four lots per

675 acre, provided the projected daily sewage flow does not exceed

676 an average of 2,500 gallons per acre per day, and provided that

677 all distance and setback, soil condition, water table elevation,

678 and other related requirements that are generally applicable to

679 the use of onsite sewage treatment and disposal systems are met.

680 (c) Notwithstanding paragraphs (a) and (b), for

681 subdivisions platted of record on or before October 1, 1991,

682 when a developer or other appropriate entity has previously made

683 or makes provisions, including financial assurances or other

684 commitments, acceptable to the department, that a central water

685 system will be installed by a regulated public utility based on

686 a density formula, private potable wells may be used with onsite

687 sewage treatment and disposal systems until the agreed-upon

688 densities are reached. In a subdivision regulated by this

689 paragraph, the average daily sewage flow may not exceed 2,500

690 gallons per acre per day. This section does not affect the

691 validity of existing prior agreements. After October 1, 1991,

692 the exception provided under this paragraph is not available to

693 a developer or other appropriate entity.

694 (d) Paragraphs (a) and (b) do not apply to any proposed

695 residential subdivision with more than 50 lots or to any

696 proposed commercial subdivision with more than 5 lots where a

697 publicly owned or investor-owned sewage treatment system is

698 available. This paragraph does not allow development of

699 additional proposed subdivisions in order to evade the

700 requirements of this paragraph.

701 (e) The department shall adopt rules relating to the

702 location of onsite sewage treatment and disposal systems,

703 including establishing setback distances, to prevent groundwater

704 contamination and surface water contamination and to preserve

705 the public health. The rules must consider conventional and

706 enhanced nutrient-reducing onsite sewage treatment and disposal

707 system designs, impaired or degraded water bodies, domestic

708 wastewater and drinking water infrastructure, potable water

709 sources, nonpotable wells, stormwater infrastructure, the onsite

710 sewage treatment and disposal system remediation plans developed

711 pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the

712 recommendations of the onsite sewage treatment and disposal

713 systems technical advisory committee established pursuant to

714 former s. 381.00652. The rules must also allow a person to apply

715 for and receive a variance from a rule requirement upon

716 demonstration that the requirement would cause an undue hardship

717 and granting the variance would not cause or contribute to the

718 exceedance of a total maximum daily load.

719 (f) Onsite sewage treatment and disposal systems that are

720 permitted before June 21, 2022, may not be placed closer than:

721 1. Seventy-five feet from a private potable well.

722 2. Two hundred feet from a public potable well serving a

723 residential or nonresidential establishment having a total

724 sewage flow of greater than 2,000 gallons per day.

725 3. One hundred feet from a public potable well serving a

726 residential or nonresidential establishment having a total

727 sewage flow of less than or equal to 2,000 gallons per day.

728 4. Fifty feet from any nonpotable well.

729 5. Ten feet from any storm sewer pipe, to the maximum

730 extent possible, but in no instance shall the setback be less

731 than 5 feet.

732 6. Seventy-five feet from the mean high-water line of a

733 tidally influenced surface water body.

734 7. Seventy-five feet from the mean annual flood line of a

735 permanent nontidal surface water body.

736 8. Fifteen feet from the design high-water line of

737 retention areas, detention areas, or swales designed to contain

738 standing or flowing water for less than 72 hours after a

739 rainfall or the design high-water level of normally dry drainage

740 ditches or normally dry individual lot stormwater retention

741 areas.

742 (g) This section and rules adopted under this section

743 relating to soil condition, water table elevation, distance, and

744 other setback requirements must be equally applied to all lots,

745 with the following exceptions:

746 1. Any residential lot that was platted and recorded on or

747 after January 1, 1972, or that is part of a residential

748 subdivision that was approved by the appropriate permitting

749 agency on or after January 1, 1972, and that was eligible for an

750 onsite sewage treatment and disposal system construction permit

751 on the date of such platting and recording or approval shall be

752 eligible for an onsite sewage treatment and disposal system

753 construction permit, regardless of when the application for a

754 permit is made. If rules in effect at the time the permit

755 application is filed cannot be met, residential lots platted and

756 recorded or approved on or after January 1, 1972, shall, to the

757 maximum extent possible, comply with the rules in effect at the

758 time the permit application is filed. At a minimum, however,

759 those residential lots platted and recorded or approved on or

760 after January 1, 1972, but before January 1, 1983, shall comply

761 with those rules in effect on January 1, 1983, and those

762 residential lots platted and recorded or approved on or after

763 January 1, 1983, shall comply with those rules in effect at the

764 time of such platting and recording or approval. In determining

765 the maximum extent of compliance with current rules that is

766 possible, the department shall allow structures and

767 appurtenances thereto which were authorized at the time such

768 lots were platted and recorded or approved.

769 2. Lots platted before 1972 are subject to a 50-foot

770 minimum surface water setback and are not subject to lot size

771 requirements. The projected daily flow for onsite sewage

772 treatment and disposal systems for lots platted before 1972 may

773 not exceed:

774 a. Two thousand five hundred gallons per acre per day for

775 lots served by public water systems as defined in s. 403.852.

776 b. One thousand five hundred gallons per acre per day for

777 lots served by water systems regulated under s. 381.0062.

778 (h)1. The department may grant variances in hardship cases

779 which may be less restrictive than the provisions specified in

780 this section. If a variance is granted and the onsite sewage

781 treatment and disposal system construction permit has been

782 issued, the variance may be transferred with the system

783 construction permit, if the transferee files, within 60 days

784 after the transfer of ownership, an amended construction permit

785 application providing all corrected information and proof of

786 ownership of the property and if the same variance would have

787 been required for the new owner of the property as was

788 originally granted to the original applicant for the variance. A

789 fee is not associated with the processing of this supplemental

790 information. A variance may not be granted under this section

791 until the department is satisfied that:

792 a. The hardship was not caused intentionally by the action

793 of the applicant;

794 b. A reasonable alternative, taking into consideration

795 factors such as cost, does not exist for the treatment of the

796 sewage; and

797 c. The discharge from the onsite sewage treatment and

798 disposal system will not adversely affect the health of the

799 applicant or the public or significantly degrade the groundwater

800 or surface waters.

802 Where soil conditions, water table elevation, and setback

803 provisions are determined by the department to be satisfactory,

804 special consideration must be given to those lots platted before

805 1972.

806 2. The department shall appoint and staff a variance review

807 and advisory committee, which shall meet monthly to recommend

808 agency action on variance requests. The committee shall make its

809 recommendations on variance requests at the meeting in which the

810 application is scheduled for consideration, except for an

811 extraordinary change in circumstances, the receipt of new

812 information that raises new issues, or when the applicant

813 requests an extension. The committee shall consider the criteria

814 in subparagraph 1. in its recommended agency action on variance

815 requests and shall also strive to allow property owners the full

816 use of their land where possible.

817 a. The committee is composed of the following:

818 (I) The Secretary of Environmental Protection or his or her

819 designee.

820 (II) A representative from the county health departments.

821 (III) A representative from the home building industry

822 recommended by the Florida Home Builders Association.

823 (IV) A representative from the septic tank industry

824 recommended by the Florida Onsite Wastewater Association.

825 (V) A representative from the Department of Health.

826 (VI) A representative from the real estate industry who is

827 also a developer in this state who develops lots using onsite

828 sewage treatment and disposal systems, recommended by the

829 Florida Association of Realtors.

830 (VII) A representative from the engineering profession

831 recommended by the Florida Engineering Society.

832 b. Members shall be appointed for a term of 3 years, with

833 such appointments being staggered so that the terms of no more

834 than two members expire in any one year. Members shall serve

835 without remuneration, but if requested, shall be reimbursed for

836 per diem and travel expenses as provided in s. 112.061.

837 3. The variance review and advisory committee is not

838 responsible for reviewing water well permitting. However, the

839 committee shall consider all requirements of law related to

840 onsite sewage treatment and disposal systems when making

841 recommendations on variance requests for onsite sewage treatment

842 and disposal system permits.

843 (i) A construction permit may not be issued for an onsite

844 sewage treatment and disposal system in any area zoned or used

845 for industrial or manufacturing purposes, or its equivalent,

846 where a publicly owned or investor-owned sewage treatment system

847 is available, or where a likelihood exists that the system will

848 receive toxic, hazardous, or industrial waste. An existing

849 onsite sewage treatment and disposal system may be repaired if a

850 publicly owned or investor-owned sewage treatment system is not

851 available within 500 feet of the building sewer stub-out and if

852 system construction and operation standards can be met. This

853 paragraph does not require publicly owned or investor-owned

854 sewage treatment systems to accept anything other than domestic

855 wastewater.

856 1. A building located in an area zoned or used for

857 industrial or manufacturing purposes, or its equivalent, when

858 such building is served by an onsite sewage treatment and

859 disposal system, must not be occupied until the owner or tenant

860 has obtained written approval from the department. The

861 department may not grant approval when the proposed use of the

862 system is to dispose of toxic, hazardous, or industrial

863 wastewater or toxic or hazardous chemicals.

864 2. Each person who owns or operates a business or facility

865 in an area zoned or used for industrial or manufacturing

866 purposes, or its equivalent, or who owns or operates a business

867 that has the potential to generate toxic, hazardous, or

868 industrial wastewater or toxic or hazardous chemicals, and uses

869 an onsite sewage treatment and disposal system that is installed

870 on or after July 5, 1989, must obtain an annual system operating

871 permit from the department. A person who owns or operates a

872 business that uses an onsite sewage treatment and disposal

873 system that was installed and approved before July 5, 1989, does

874 not need to obtain a system operating permit. However, upon

875 change of ownership or tenancy, the new owner or operator must

876 notify the department of the change, and the new owner or

877 operator must obtain an annual system operating permit,

878 regardless of the date that the system was installed or

879 approved.

880 3. The department shall periodically review and evaluate

881 the continued use of onsite sewage treatment and disposal

882 systems in areas zoned or used for industrial or manufacturing

883 purposes, or its equivalent, and may require the collection and

884 analyses of samples from within and around such systems. If the

885 department finds that toxic or hazardous chemicals or toxic,

886 hazardous, or industrial wastewater have been or are being

887 disposed of through an onsite sewage treatment and disposal

888 system, the department shall initiate enforcement actions

889 against the owner or tenant to ensure adequate cleanup,

890 treatment, and disposal.

891 (j) An onsite sewage treatment and disposal system designed

892 by a professional engineer registered in the state and certified

893 by such engineer as complying with performance criteria adopted

894 by the department must be approved by the department subject to

895 the following:

896 1. The performance criteria applicable to engineer-designed

897 systems must be limited to those necessary to ensure that such

898 systems do not adversely affect the public health or

899 significantly degrade the groundwater or surface water. Such

900 performance criteria shall include consideration of the quality

901 of system effluent, the proposed total sewage flow per acre,

902 wastewater treatment capabilities of the natural or replaced

903 soil, water quality classification of the potential surface

904 water-receiving body, and the structural and maintenance

905 viability of the system for the treatment of domestic

906 wastewater. However, performance criteria shall address only the

907 performance of a system and not a system’s design.

908 2. A person electing to use an engineer-designed system

909 shall, upon completion of the system design, submit such design,

910 certified by a registered professional engineer, to the county

911 health department. The county health department may use an

912 outside consultant to review the engineer-designed system, with

913 the actual cost of such review to be borne by the applicant.

914 Within 5 working days after receiving an engineer-designed

915 system permit application, the county health department shall

916 request additional information if the application is not

917 complete. Within 15 working days after receiving a complete

918 application for an engineer-designed system, the county health

919 department shall issue the permit or, if it determines that the

920 system does not comply with the performance criteria, shall

921 notify the applicant of that determination and refer the

922 application to the department for a determination as to whether

923 the system should be approved, disapproved, or approved with

924 modification. The department engineer’s determination shall

925 prevail over the action of the county health department. The

926 applicant shall be notified in writing of the department’s

927 determination and of the applicant’s rights to pursue a variance

928 or seek review under the provisions of chapter 120.

929 3. The owner of an engineer-designed performance-based

930 system must maintain a current maintenance service agreement

931 with a maintenance entity permitted by the department. The

932 maintenance entity shall inspect each system at least twice each

933 year and shall submit an inspection report to the department

934 each time the system is inspected which states ~~report quarterly~~

935 ~~to the department on~~ the number of systems inspected and

936 serviced. The reports may be submitted electronically.

937 4. The property owner of an owner-occupied, single-family

938 residence may be approved and permitted by the department as a

939 maintenance entity for his or her own performance-based

940 treatment system upon written certification from the system

941 manufacturer’s approved representative that the property owner

942 has received training on the proper installation and service of

943 the system. The maintenance service agreement must conspicuously

944 disclose that the property owner has the right to maintain his

945 or her own system and is exempt from contractor registration

946 requirements for performing construction, maintenance, or

947 repairs on the system but is subject to all permitting

948 requirements.

949 5. ~~The property owner shall obtain a biennial system~~

950 ~~operating permit from the department for each system.~~ The

951 department may ~~shall~~ inspect the system at least annually, or on

952 such periodic basis as the fee collected permits, and may

953 collect system-effluent samples if appropriate to determine

954 compliance with the performance criteria. The fee for the

955 biennial operating permit must ~~shall~~ be collected beginning with

956 the second year of system operation.

957 6. If an engineer-designed system fails to properly

958 function or fails to meet performance standards, the system must

959 ~~shall~~ be re-engineered, if necessary, to bring the system into

960 compliance with the provisions of this section.

961 (k) An innovative system may be approved in conjunction

962 with an engineer-designed site-specific system that is certified

963 by the engineer to meet the performance-based criteria adopted

964 by the department.

965 (l) For the Florida Keys, the department shall adopt a

966 special rule for the construction, installation, modification,

967 operation, repair, maintenance, and performance of onsite sewage

968 treatment and disposal systems which considers the unique soil

969 conditions and water table elevations, densities, and setback

970 requirements. On lots where a setback distance of 75 feet from

971 surface waters, saltmarsh, and buttonwood association habitat

972 areas cannot be met, an injection well, approved and permitted

973 by the department, may be used for disposal of effluent from

974 onsite sewage treatment and disposal systems. The following

975 additional requirements apply to onsite sewage treatment and

976 disposal systems in Monroe County:

977 1. The county, each municipality, and those special

978 districts established for the purpose of the collection,

979 transmission, treatment, or disposal of sewage shall ensure, in

980 accordance with the specific schedules adopted by the

981 Administration Commission under s. 380.0552, the completion of

982 onsite sewage treatment and disposal system upgrades to meet the

983 requirements of this paragraph.

984 2. Onsite sewage treatment and disposal systems must cease

985 discharge by December 31, 2015, or must comply with department

986 rules and provide the level of treatment which, on a permitted

987 annual average basis, produces an effluent that contains no more

988 than the following concentrations:

989 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.

990 b. Suspended Solids of 10 mg/l.

991 c. Total Nitrogen, expressed as N, of 10 mg/l or a

992 reduction in nitrogen of at least 70 percent. A system that has

993 been tested and certified to reduce nitrogen concentrations by

994 at least 70 percent shall be deemed to be in compliance with

995 this standard.

996 d. Total Phosphorus, expressed as P, of 1 mg/l.

998 In addition, onsite sewage treatment and disposal systems

999 discharging to an injection well must provide basic disinfection

1000 as defined by department rule.

1001 3. In areas not scheduled to be served by a central

1002 sewerage system, onsite sewage treatment and disposal systems

1003 must, by December 31, 2015, comply with department rules and

1004 provide the level of treatment described in subparagraph 2.

1005 4. In areas scheduled to be served by a central sewerage

1006 system by December 31, 2015, if the property owner has paid a

1007 connection fee or assessment for connection to the central

1008 sewerage system, the property owner may install a holding tank

1009 with a high water alarm or an onsite sewage treatment and

1010 disposal system that meets the following minimum standards:

1011 a. The existing tanks must be pumped and inspected and

1012 certified as being watertight and free of defects in accordance

1013 with department rule; and

1014 b. A sand-lined drainfield or injection well in accordance

1015 with department rule must be installed.

1016 5. Onsite sewage treatment and disposal systems must be

1017 monitored for total nitrogen and total phosphorus concentrations

1018 as required by department rule.

1019 6. The department shall enforce proper installation,

1020 operation, and maintenance of onsite sewage treatment and

1021 disposal systems pursuant to this chapter, including ensuring

1022 that the appropriate level of treatment described in

1023 subparagraph 2. is met.

1024 7. The authority of a local government, including a special

1025 district, to mandate connection of an onsite sewage treatment

1026 and disposal system is governed by s. 4, chapter 99-395, Laws of

1027 Florida.

1028 8. Notwithstanding any other law, an onsite sewage

1029 treatment and disposal system installed after July 1, 2010, in

1030 unincorporated Monroe County, excluding special wastewater

1031 districts, that complies with the standards in subparagraph 2.

1032 is not required to connect to a central sewerage system until

1033 December 31, 2020.

1034 (m) A product sold in the state for use in onsite sewage

1035 treatment and disposal systems may not contain any substance in

1036 concentrations or amounts that would interfere with or prevent

1037 the successful operation of such system, or that would cause

1038 discharges from such systems to violate applicable water quality

1039 standards. The department shall publish criteria for products

1040 known or expected to meet the conditions of this paragraph. If a

1041 product does not meet such criteria, such product may be sold if

1042 the manufacturer satisfactorily demonstrates to the department

1043 that the conditions of this paragraph are met.

1044 (n) Evaluations for determining the seasonal high-water

1045 table elevations or the suitability of soils for the use of a

1046 new onsite sewage treatment and disposal system shall be

1047 performed by department personnel, professional engineers

1048 registered in the state, or such other persons with expertise,

1049 as defined by rule, in making such evaluations. Evaluations for

1050 determining mean annual flood lines shall be performed by those

1051 persons identified in paragraph (2)(l). The department shall

1052 accept evaluations submitted by professional engineers and such

1053 other persons as meet the expertise established by this section

1054 or by rule unless the department has a reasonable scientific

1055 basis for questioning the accuracy or completeness of the

1056 evaluation.

1057 (o) An application for an onsite sewage treatment and

1058 disposal system permit shall be completed in full, signed by the

1059 owner or the owner’s authorized representative, or by a

1060 contractor licensed under chapter 489, and shall be accompanied

1061 by all required exhibits and fees. Specific documentation of

1062 property ownership is not required as a prerequisite to the

1063 review of an application or the issuance of a permit. The

1064 issuance of a permit does not constitute determination by the

1065 department of property ownership.

1066 (p) The department may not require any form of subdivision

1067 analysis of property by an owner, developer, or subdivider

1068 before submission of an application for an onsite sewage

1069 treatment and disposal system.

1070 (q) This section does not limit the power of a municipality

1071 or county to enforce other laws for the protection of the public

1072 health and safety.

1073 (r) In the siting of onsite sewage treatment and disposal

1074 systems, including drainfields, shoulders, and slopes, guttering

1075 may not be required on single-family residential dwelling units

1076 for systems located greater than 5 feet from the roof drip line

1077 of the house. If guttering is used on residential dwelling

1078 units, the downspouts shall be directed away from the

1079 drainfield.

1080 (s) Notwithstanding subparagraph (g)1., onsite sewage

1081 treatment and disposal systems located in floodways of the

1082 Suwannee and Aucilla Rivers must adhere to the following

1083 requirements:

1084 1. The absorption surface of the drainfield may not be

1085 subject to flooding based on 10-year flood elevations. Provided,

1086 however, for lots or parcels created by the subdivision of land

1087 in accordance with applicable local government regulations

1088 before January 17, 1990, if an applicant cannot construct a

1089 drainfield system with the absorption surface of the drainfield

1090 at an elevation equal to or above 10-year flood elevation, the

1091 department shall issue a permit for an onsite sewage treatment

1092 and disposal system within the 10-year floodplain of rivers,

1093 streams, and other bodies of flowing water if all of the

1094 following criteria are met:

1095 a. The lot is at least one-half acre in size;

1096 b. The bottom of the drainfield is at least 36 inches above

1097 the 2-year flood elevation; and

1098 c. The applicant installs a waterless, incinerating, or

1099 organic waste composting toilet and a graywater system and

1100 drainfield in accordance with department rules; an aerobic

1101 treatment unit and drainfield in accordance with department

1102 rules; a system that is capable of reducing effluent nitrate by

1103 at least 50 percent in accordance with department rules; or a

1104 system other than a system using alternative drainfield

1105 materials in accordance with department rules. The United States

1106 Department of Agriculture Soil Conservation Service soil maps,

1107 State of Florida Water Management District data, and Federal

1108 Emergency Management Agency Flood Insurance maps are resources

1109 that shall be used to identify flood-prone areas.

1110 2. The use of fill or mounding to elevate a drainfield

1111 system out of the 10-year floodplain of rivers, streams, or

1112 other bodies of flowing water may not be permitted if such a

1113 system lies within a regulatory floodway of the Suwannee and

1114 Aucilla Rivers. In cases where the 10-year flood elevation does

1115 not coincide with the boundaries of the regulatory floodway, the

1116 regulatory floodway will be considered for the purposes of this

1117 subsection to extend at a minimum to the 10-year flood

1118 elevation.

1119 (t)1. The owner of an aerobic treatment unit system shall

1120 maintain a current maintenance service agreement with an aerobic

1121 treatment unit maintenance entity permitted by the department.

1122 The maintenance entity shall inspect each aerobic treatment unit

1123 system at least twice each year and shall submit an inspection

1124 report to the department each time the system is inspected

1125 stating ~~report quarterly to the department on~~ the number of

1126 aerobic treatment unit systems inspected and serviced. The

1127 reports may be submitted electronically.

1128 2. The property owner of an owner-occupied, single-family

1129 residence may be approved and permitted by the department as a

1130 maintenance entity for his or her own aerobic treatment unit

1131 system upon written certification from the system manufacturer’s

1132 approved representative that the property owner has received

1133 training on the proper installation and service of the system.

1134 The maintenance entity service agreement must conspicuously

1135 disclose that the property owner has the right to maintain his

1136 or her own system and is exempt from contractor registration

1137 requirements for performing construction, maintenance, or

1138 repairs on the system but is subject to all permitting

1139 requirements.

1140 3. A septic tank contractor licensed under part III of

1141 chapter 489, if approved by the manufacturer, may not be denied

1142 access by the manufacturer to aerobic treatment unit system

1143 training or spare parts for maintenance entities. After the

1144 original warranty period, component parts for an aerobic

1145 treatment unit system may be replaced with parts that meet

1146 manufacturer’s specifications but are manufactured by others.

1147 The maintenance entity shall maintain documentation of the

1148 substitute part’s equivalency for 2 years and shall provide such

1149 documentation to the department upon request.

1150 4. The owner of an aerobic treatment unit system shall

1151 obtain a system operating permit from the department and allow

1152 the department to inspect during reasonable hours each aerobic

1153 treatment unit system at least annually, and such inspection may

1154 include collection and analysis of system-effluent samples for

1155 performance criteria established by rule of the department.

1156 (u) The department may require the submission of detailed

1157 system construction plans that are prepared by a professional

1158 engineer registered in this state. The department shall

1159 establish by rule criteria for determining when such a

1160 submission is required.

1161 (v) Any permit issued and approved by the department for

1162 the installation, modification, or repair of an onsite sewage

1163 treatment and disposal system shall transfer with the title to

1164 the property in a real estate transaction. A title may not be

1165 encumbered at the time of transfer by new permit requirements by

1166 a governmental entity for an onsite sewage treatment and

1167 disposal system which differ from the permitting requirements in

1168 effect at the time the system was permitted, modified, or

1169 repaired. An inspection of a system may not be mandated by a

1170 governmental entity at the point of sale in a real estate

1171 transaction. This paragraph does not affect a septic tank phase

1172 out deferral program implemented by a consolidated government as

1173 defined in s. 9, Art. VIII of the State Constitution of 1885.

1174 (w) A governmental entity, including a municipality,

1175 county, or statutorily created commission, may not require an

1176 engineer-designed performance-based treatment system, excluding

1177 a passive engineer-designed performance-based treatment system,

1178 before the completion of the Florida Onsite Sewage Nitrogen

1179 Reduction Strategies Project. This paragraph does not apply to a

1180 governmental entity, including a municipality, county, or

1181 statutorily created commission, which adopted a local law,

1182 ordinance, or regulation on or before January 31, 2012.

1183 Notwithstanding this paragraph, an engineer-designed

1184 performance-based treatment system may be used to meet the

1185 requirements of the variance review and advisory committee

1186 recommendations.

1187 (x)1. An onsite sewage treatment and disposal system is not

1188 considered abandoned if the system is disconnected from a

1189 structure that was made unusable or destroyed following a

1190 disaster and if the system was properly functioning at the time

1191 of disconnection and was not adversely affected by the disaster.

1192 The onsite sewage treatment and disposal system may be

1193 reconnected to a rebuilt structure if:

1194 a. The reconnection of the system is to the same type of

1195 structure which contains the same number of bedrooms or fewer,

1196 if the square footage of the structure is less than or equal to

1197 110 percent of the original square footage of the structure that

1198 existed before the disaster;

1199 b. The system is not a sanitary nuisance; and

1200 c. The system has not been altered without prior

1201 authorization.

1202 2. An onsite sewage treatment and disposal system that

1203 serves a property that is foreclosed upon is not considered

1204 abandoned.

1205 (y) If an onsite sewage treatment and disposal system

1206 permittee receives, relies upon, and undertakes construction of

1207 a system based upon a validly issued construction permit under

1208 rules applicable at the time of construction but a change to a

1209 rule occurs within 5 years after the approval of the system for

1210 construction but before the final approval of the system, the

1211 rules applicable and in effect at the time of construction

1212 approval apply at the time of final approval if fundamental site

1213 conditions have not changed between the time of construction

1214 approval and final approval.

1215 (z) An existing-system inspection or evaluation and

1216 assessment, or a modification, replacement, or upgrade of an

1217 onsite sewage treatment and disposal system is not required for

1218 a remodeling addition or modification to a single-family home if

1219 a bedroom is not added. However, a remodeling addition or

1220 modification to a single-family home may not cover any part of

1221 the existing system or encroach upon a required setback or the

1222 unobstructed area. To determine if a setback or the unobstructed

1223 area is impacted, the local health department shall review and

1224 verify a floor plan and site plan of the proposed remodeling

1225 addition or modification to the home submitted by a remodeler

1226 which shows the location of the system, including the distance

1227 of the remodeling addition or modification to the home from the

1228 onsite sewage treatment and disposal system. The local health

1229 department may visit the site or otherwise determine the best

1230 means of verifying the information submitted. A verification of

1231 the location of a system is not an inspection or evaluation and

1232 assessment of the system. The review and verification must be

1233 completed within 7 business days after receipt by the local

1234 health department of a floor plan and site plan. If the review

1235 and verification is not completed within such time, the

1236 remodeling addition or modification to the single-family home,

1237 for the purposes of this paragraph, is approved.

1238 (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE

1239 TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a

1240 total maximum daily load, the department shall implement a fast

1241 track approval process of no longer than 6 months for the

1242 determination of the use of American National Standards

1243 Institute 245 systems approved by NSF International before July

1244 1, 2020. The department shall also establish an enhanced

1245 nutrient-reducing onsite sewage treatment and disposal system

1246 approval program that will expeditiously evaluate and approve

1247 such systems for use in this state to comply with ss.

1248 403.067(7)(a)10. and 373.469(3)(d).

1249 (9) CONTRACT OR DELEGATION AUTHORITY.—The department may

1250 contract with or delegate its powers and duties under this

1251 section ~~to a county~~ as provided in s. 403.061 or s. 403.182.

1252 Section 16. Paragraph (c) of subsection (6) and paragraph

1253 (a) of subsection (7) of section 403.067, Florida Statutes, are

1254 amended to read:

1255 403.067 Establishment and implementation of total maximum

1256 daily loads.—

1257 (6) CALCULATION AND ALLOCATION.—

1258 (c) Adoption of rules. The total maximum daily load

1259 calculations and allocations established under this subsection

1260 for each water body or water body segment shall be adopted by

1261 rule by the secretary pursuant to ss. 120.536(1), 120.54, and

1262 403.805. Where additional data collection and analysis are

1263 needed to increase the scientific precision and accuracy of the

1264 total maximum daily load, the department is authorized to adopt

1265 phased total maximum daily loads that are subject to change as

1266 additional data becomes available. Where phased total maximum

1267 daily loads are proposed, the department shall, in the detailed

1268 statement of facts and circumstances justifying the rule,

1269 explain why the data are inadequate so as to justify a phased

1270 total maximum daily load. The rules adopted pursuant to this

1271 paragraph are not ~~subject to approval by the Environmental~~

1272 ~~Regulation Commission and are not~~ subject to ~~the provisions of~~

1273 s. 120.541(3). As part of the rule development process, the

1274 department shall hold at least one public workshop in the

1275 vicinity of the water body or water body segment for which the

1276 total maximum daily load is being developed. Notice of the

1277 public workshop shall be published not less than 5 days nor more

1278 than 15 days before the public workshop in a newspaper of

1279 general circulation in the county or counties containing the

1280 water bodies or water body segments for which the total maximum

1281 daily load calculation and allocation are being developed.

1282 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

1283 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—

1284 (a) Basin management action plans.—

1285 1. In developing and implementing the total maximum daily

1286 load for a waterbody, the department, or the department in

1287 conjunction with a water management district, may develop a

1288 basin management action plan that addresses some or all of the

1289 watersheds and basins tributary to the waterbody. Such plan must

1290 integrate the appropriate management strategies available to the

1291 state through existing water quality protection programs to

1292 achieve the total maximum daily loads and may provide for phased

1293 implementation of these management strategies to promote timely,

1294 cost-effective actions as provided for in s. 403.151. The plan

1295 must establish a schedule implementing the management

1296 strategies, establish a basis for evaluating the plan’s

1297 effectiveness, and identify feasible funding strategies for

1298 implementing the plan’s management strategies. The management

1299 strategies may include regional treatment systems or other

1300 public works, when appropriate, and voluntary trading of water

1301 quality credits to achieve the needed pollutant load reductions.

1302 2. A basin management action plan must equitably allocate,

1303 pursuant to paragraph (6)(b), pollutant reductions to individual

1304 basins, as a whole to all basins, or to each identified point

1305 source or category of nonpoint sources, as appropriate. For

1306 nonpoint sources for which best management practices have been

1307 adopted, the initial requirement specified by the plan must be

1308 those practices developed pursuant to paragraph (c). When

1309 appropriate, the plan may take into account the benefits of

1310 pollutant load reduction achieved by point or nonpoint sources

1311 that have implemented management strategies to reduce pollutant

1312 loads, including best management practices, before the

1313 development of the basin management action plan. The plan must

1314 also identify the mechanisms that will address potential future

1315 increases in pollutant loading.

1316 3. The basin management action planning process is intended

1317 to involve the broadest possible range of interested parties,

1318 with the objective of encouraging the greatest amount of

1319 cooperation and consensus possible. In developing a basin

1320 management action plan, the department shall assure that key

1321 stakeholders, including, but not limited to, applicable local

1322 governments, water management districts, the Department of

1323 Agriculture and Consumer Services, other appropriate state

1324 agencies, local soil and water conservation districts,

1325 environmental groups, regulated interests, and affected

1326 pollution sources, are invited to participate in the process.

1327 The department shall hold at least one public meeting in the

1328 vicinity of the watershed or basin to discuss and receive

1329 comments during the planning process and shall otherwise

1330 encourage public participation to the greatest practicable

1331 extent. Notice of the public meeting must be published in a

1332 newspaper of general circulation in each county in which the

1333 watershed or basin lies at least 5 days, but not more than 15

1334 days, before the public meeting. A basin management action plan

1335 does not supplant or otherwise alter any assessment made under

1336 subsection (3) or subsection (4) or any calculation or initial

1337 allocation.

1338 4. Each new or revised basin management action plan must

1339 include all of the following:

1340 a. The appropriate management strategies available through

1341 existing water quality protection programs to achieve total

1342 maximum daily loads, which may provide for phased implementation

1343 to promote timely, cost-effective actions as provided for in s.

1344 403.151.

1345 b. A description of best management practices adopted by

1346 rule.

1347 c. For the applicable 5-year implementation milestone, a

1348 list of projects that will achieve the pollutant load reductions

1349 needed to meet the total maximum daily load or the load

1350 allocations established pursuant to subsection (6). Each project

1351 must include a planning-level cost estimate and an estimated

1352 date of completion.

1353 d. A list of projects developed pursuant to paragraph (e),

1354 if applicable.

1355 e. The source and amount of financial assistance to be made

1356 available by the department, a water management district, or

1357 other entity for each listed project, if applicable.

1358 f. A planning-level estimate of each listed project’s

1359 expected load reduction, if applicable.

1360 5. The department shall adopt all or any part of a basin

1361 management action plan and any amendment to such plan by

1362 secretarial order pursuant to chapter 120 to implement this

1363 section. A basin management action plan and any amendment to

1364 such plan shall become effective 60 days after the date the

1365 secretarial order is filed.

1366 6. The basin management action plan must include 5-year

1367 milestones for implementation and water quality improvement, and

1368 an associated water quality monitoring component sufficient to

1369 evaluate whether reasonable progress in pollutant load

1370 reductions is being achieved over time. An assessment of

1371 progress toward these milestones shall be conducted every 5

1372 years, and revisions to the plan shall be made as appropriate.

1373 Any entity with a specific pollutant load reduction requirement

1374 established in a basin management action plan shall identify the

1375 projects or strategies that such entity will undertake to meet

1376 current 5-year pollution reduction milestones, beginning with

1377 the first 5-year milestone for new basin management action

1378 plans, and submit such projects to the department for inclusion

1379 in the appropriate basin management action plan. Each project

1380 identified must include an estimated amount of nutrient

1381 reduction that is reasonably expected to be achieved based on

1382 the best scientific information available. Revisions to the

1383 basin management action plan shall be made by the department in

1384 cooperation with basin stakeholders. Revisions to the management

1385 strategies required for nonpoint sources must follow the

1386 procedures in subparagraph (c)4. Revised basin management action

1387 plans must be adopted pursuant to subparagraph 5.

1388 7. In accordance with procedures adopted by rule under

1389 paragraph (9)(c), basin management action plans, and other

1390 pollution control programs under local, state, or federal

1391 authority as provided in subsection (4), may allow point or

1392 nonpoint sources that will achieve greater pollutant reductions

1393 than required by an adopted total maximum daily load or

1394 wasteload allocation to generate, register, and trade water

1395 quality credits for the excess reductions to enable other

1396 sources to achieve their allocation; however, the generation of

1397 water quality credits does not remove the obligation of a source

1398 or activity to meet applicable technology requirements or

1399 adopted best management practices. Such plans must allow trading

1400 between NPDES permittees, and trading that may or may not

1401 involve NPDES permittees, where the generation or use of the

1402 credits involve an entity or activity not subject to department

1403 water discharge permits whose owner voluntarily elects to obtain

1404 department authorization for the generation and sale of credits.

1405 8. The department’s rule relating to the equitable

1406 abatement of pollutants into surface waters do not apply to

1407 water bodies or waterbody segments for which a basin management

1408 plan that takes into account future new or expanded activities

1409 or discharges has been adopted under this section.

1410 9. In order to promote resilient wastewater utilities, if

1411 the department identifies domestic wastewater treatment

1412 facilities or onsite sewage treatment and disposal systems as

1413 contributors of at least 20 percent of point source or nonpoint

1414 source nutrient pollution or if the department determines

1415 remediation is necessary to achieve the total maximum daily

1416 load, a basin management action plan for a nutrient total

1417 maximum daily load must include the following:

1418 a. A domestic wastewater treatment plan developed by each

1419 local government, in cooperation with the department, the water

1420 management district, and the public and private domestic

1421 wastewater treatment facilities providing services or located

1422 within the jurisdiction of the local government, which addresses

1423 domestic wastewater. Private domestic wastewater facilities and

1424 special districts providing domestic wastewater services must

1425 provide the required wastewater facility information to the

1426 applicable local governments. The domestic wastewater treatment

1427 plan must:

1428 (I) Provide for construction, expansion, or upgrades

1429 necessary to achieve the total maximum daily load requirements

1430 applicable to the domestic wastewater treatment facility.

1431 (II) Include the permitted capacity in average annual

1432 gallons per day for the domestic wastewater treatment facility;

1433 the average nutrient concentration and the estimated average

1434 nutrient load of the domestic wastewater; a projected timeline

1435 of the dates by which the construction of any facility

1436 improvements will begin and be completed and the date by which

1437 operations of the improved facility will begin; the estimated

1438 cost of the improvements; and the identity of responsible

1439 parties.

1441 The domestic wastewater treatment plan must be adopted as part

1442 of the basin management action plan no later than July 1, 2025.

1443 A local government that does not have a domestic wastewater

1444 treatment facility in its jurisdiction is not required to

1445 develop a domestic wastewater treatment plan unless there is a

1446 demonstrated need to establish a domestic wastewater treatment

1447 facility within its jurisdiction to improve water quality

1448 necessary to achieve a total maximum daily load. A local

1449 government is not responsible for a private domestic wastewater

1450 facility’s compliance with a basin management action plan unless

1451 such facility is operated through a public-private partnership

1452 to which the local government is a party.

1453 b. An onsite sewage treatment and disposal system

1454 remediation plan developed by each local government in

1455 cooperation with the department, the Department of Health, water

1456 management districts, and public and private domestic wastewater

1457 treatment facilities.

1458 (I) The onsite sewage treatment and disposal system

1459 remediation plan must identify cost-effective and financially

1460 feasible projects necessary to achieve the nutrient load

1461 reductions required for onsite sewage treatment and disposal

1462 systems. To identify cost-effective and financially feasible

1463 projects for remediation of onsite sewage treatment and disposal

1464 systems, the local government shall:

1465 (A) Include an inventory of onsite sewage treatment and

1466 disposal systems based on the best information available;

1467 (B) Identify onsite sewage treatment and disposal systems

1468 that would be eliminated through connection to existing or

1469 future central domestic wastewater infrastructure in the

1470 jurisdiction or domestic wastewater service area of the local

1471 government, that would be replaced with or upgraded to enhanced

1472 nutrient-reducing onsite sewage treatment and disposal systems,

1473 or that would remain on conventional onsite sewage treatment and

1474 disposal systems;

1475 (C) Estimate the costs of potential onsite sewage treatment

1476 and disposal system connections, upgrades, or replacements; and

1477 (D) Identify deadlines and interim milestones for the

1478 planning, design, and construction of projects.

1479 (II) The department shall adopt the onsite sewage treatment

1480 and disposal system remediation plan as part of the basin

1481 management action plan no later than July 1, 2025, or as

1482 required for Outstanding Florida Springs under s. 373.807.

1483 10. The following activities are prohibited within a basin

1484 management action plan adopted under this section, a reasonable

1485 assurance plan, or a pollution reduction plan:

1486 a. The installation of new onsite sewage treatment and

1487 disposal systems ~~constructed within a basin management action~~

1488 ~~plan area adopted under this section, a reasonable assurance~~

1489 ~~plan, or a pollution reduction plan is prohibited~~ where

1490 connection to a publicly owned or investor-owned sewerage system

1491 is available as defined in s. 381.0065(2)(a). On lots of 1 acre

1492 or less ~~within a basin management action plan adopted under this~~

1493 ~~section, a reasonable assurance plan, or a pollution reduction~~

1494 ~~plan~~ where a publicly owned or investor-owned sewerage system is

1495 not available, the installation of enhanced nutrient-reducing

1496 onsite sewage treatment and disposal systems , distributed

1497 wastewater treatment systems as defined in s. 403.814(13), or

1498 other wastewater treatment systems that achieve at least 65

1499 percent nitrogen reduction is required.

1500 b. The construction or installation of new domestic

1501 wastewater disposal facilities, including rapid infiltration

1502 basins, with permitted capacities of 100,000 or more gallons per

1503 day, except for those facilities that meet an advanced

1504 wastewater treatment standard of no more than 3 mg/l total

1505 nitrogen and 1 mg/l total phosphorus on an annual permitted

1506 basis, or a more stringent treatment standard if the department

1507 determines the more stringent standard is necessary to attain a

1508 total maximum daily load.

1509 c. The construction or installation of new facilities for

1510 the disposal of hazardous waste.

1511 11. When identifying wastewater projects in a basin

1512 management action plan, the department may not require the

1513 higher cost option if it achieves the same nutrient load

1514 reduction as a lower cost option. A regulated entity may choose

1515 a different cost option if it complies with the pollutant

1516 reduction requirements of an adopted total maximum daily load

1517 and meets or exceeds the pollution reduction requirement of the

1518 original project.

1519 12. Annually, local governments subject to a basin

1520 management action plan or located within the basin of a

1521 waterbody not attaining nutrient or nutrient-related standards

1522 must provide to the department an update on the status of

1523 construction of sanitary sewers to serve such areas, in a manner

1524 prescribed by the department.

1525 Section 17. Paragraph (e) of subsection (1) of section

1526 403.0671, Florida Statutes, is amended to read:

1527 403.0671 Basin management action plan wastewater reports.—

1528 (1) By July 1, 2021, the department, in coordination with

1529 the county health departments, wastewater treatment facilities,

1530 and other governmental entities, shall submit a report to the

1531 Governor, the President of the Senate, and the Speaker of the

1532 House of Representatives evaluating the costs of wastewater

1533 projects identified in the basin management action plans

1534 developed pursuant to ss. 373.807 and 403.067(7) and the onsite

1535 sewage treatment and disposal system remediation plans and other

1536 restoration plans developed to meet the total maximum daily

1537 loads required under s. 403.067. The report must include all of

1538 the following:

1539 (e) The projected costs of installing enhanced nutrient

1540 reducing onsite sewage treatment and disposal systems on

1541 buildable lots in priority focus areas ~~to comply with s.~~

1542 ~~373.811~~ .

1543 Section 18. Subsection (11) of section 403.0872, Florida

1544 Statutes, is amended to read:

1545 403.0872 Operation permits for major sources of air

1546 pollution; annual operation license fee.—Provided that program

1547 approval pursuant to 42 U.S.C. s. 7661a has been received from

1548 the United States Environmental Protection Agency, beginning

1549 January 2, 1995, each major source of air pollution, including

1550 electrical power plants certified under s. 403.511, must obtain

1551 from the department an operation permit for a major source of

1552 air pollution under this section. This operation permit is the

1553 only department operation permit for a major source of air

1554 pollution required for such source; provided, at the applicant’s

1555 request, the department shall issue a separate acid rain permit

1556 for a major source of air pollution that is an affected source

1557 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits

1558 for major sources of air pollution, except general permits

1559 issued pursuant to s. 403.814, must be issued in accordance with

1560 the procedures contained in this section and in accordance with

1561 chapter 120; however, to the extent that chapter 120 is

1562 inconsistent with this section, the procedures contained in this

1563 section prevail.

1564 (11) Each major source of air pollution permitted to

1565 operate in this state must pay by June 30 ~~between January 15 and~~

1566 ~~April 1~~ of each year, upon written notice from the department,

1567 an annual operation license fee in an amount determined by

1568 department rule. The annual operation license fee shall be

1569 terminated immediately in the event the United States

1570 Environmental Protection Agency imposes annual fees solely to

1571 implement and administer the major source air-operation permit

1572 program in Florida under 40 C.F.R. s. 70.10(d).

1573 (a) The annual fee must be assessed based upon the source’s

1574 previous year’s emissions and must be calculated by multiplying

1575 the applicable annual operation license fee factor times the

1576 tons of each regulated air pollutant actually emitted, as

1577 calculated in accordance with the department’s emissions

1578 computation and reporting rules. The annual fee shall only apply

1579 to those regulated pollutants, except carbon monoxide and

1580 greenhouse gases, for which an allowable numeric emission

1581 limiting standard is specified in the source’s most recent

1582 construction or operation permit; provided, however, that:

1583 1. The license fee factor is $25 or another amount

1584 determined by department rule which ensures that the revenue

1585 provided by each year’s operation license fees is sufficient to

1586 cover all reasonable direct and indirect costs of the major

1587 stationary source air-operation permit program established by

1588 this section. The license fee factor may be increased beyond $25

1589 only if the secretary of the department affirmatively finds that

1590 a shortage of revenue for support of the major stationary source

1591 air-operation permit program will occur in the absence of a fee

1592 factor adjustment. The annual license fee factor may never

1593 exceed $35.

1594 2. The amount of each regulated air pollutant in excess of

1595 4,000 tons per year emitted by any source, or group of sources

1596 belonging to the same Major Group as described in the Standard

1597 Industrial Classification Manual, 1987, may not be included in

1598 the calculation of the fee. Any source, or group of sources,

1599 which does not emit any regulated air pollutant in excess of

1600 4,000 tons per year, is allowed a one-time credit not to exceed

1601 25 percent of the first annual licensing fee for the prorated

1602 portion of existing air-operation permit application fees

1603 remaining upon commencement of the annual licensing fees.

1604 3. If the department has not received the fee ~~by March 1 of~~

1605 ~~the calendar year, the permittee must be sent a written warning~~

1606 ~~of the consequences for failing to pay the fee by April 1. If~~

1607 ~~the fee is not postmarked~~ by June 30 ~~April 1~~ of the calendar

1608 year, the department shall impose, in addition to the fee, a

1609 penalty of 50 percent of the amount of the fee, plus interest on

1610 such amount computed in accordance with s. 220.807. The

1611 department may not impose such penalty or interest on any amount

1612 underpaid, provided that the permittee has timely remitted

1613 payment of at least 90 percent of the amount determined to be

1614 due and remits full payment within 60 days after receipt of

1615 notice of the amount underpaid. The department may waive the

1616 collection of underpayment and may not be required to refund

1617 overpayment of the fee, if the amount due is less than 1 percent

1618 of the fee, up to $50. The department may revoke any major air

1619 pollution source operation permit if it finds that the

1620 permitholder has failed to timely pay any required annual

1621 operation license fee, penalty, or interest.

1622 4. Notwithstanding the computational provisions of this

1623 subsection, the annual operation license fee for any source

1624 subject to this section may not be less than $250, except that

1625 the annual operation license fee for sources permitted solely

1626 through general permits issued under s. 403.814 may not exceed

1627 $50 per year.

1628 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes

1629 air pollution construction permit fees, the department may not

1630 require such fees for changes or additions to a major source of

1631 air pollution permitted pursuant to this section, unless the

1632 activity triggers permitting requirements under Title I, Part C

1633 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470

1634 7514a. ~~Costs to issue and administer such permits shall be~~

1635 ~~considered direct and indirect costs of the major stationary~~

1636 ~~source air-operation permit program under s. 403.0873.~~ The

1637 department shall, however, require fees pursuant to s.

1638 403.087(7)(a)5.a. for the construction of a new major source of

1639 air pollution that will be subject to the permitting

1640 requirements of this section once constructed and for activities

1641 triggering permitting requirements under Title I, Part C or Part

1642 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.

1643 (b) Annual operation license fees collected by the

1644 department must be sufficient to cover all reasonable direct and

1645 indirect costs required to develop and administer the major

1646 stationary source air-operation permit program, which shall

1647 consist of the following elements to the extent that they are

1648 reasonably related to the regulation of major stationary air

1649 pollution sources, in accordance with United States

1650 Environmental Protection Agency regulations and guidelines:

1651 1. Reviewing and acting upon any application for such a

1652 permit.

1653 2. Implementing and enforcing the terms and conditions of

1654 any such permit, excluding court costs or other costs associated

1655 with any enforcement action.

1656 3. Emissions and ambient monitoring.

1657 4. Preparing generally applicable regulations or guidance.

1658 5. Modeling, analyses, and demonstrations.

1659 6. Preparing inventories and tracking emissions.

1660 7. Implementing the Small Business Stationary Source

1661 Technical and Environmental Compliance Assistance Program.

1662 8. Any audits conducted under paragraph (c).

1663 (c) An audit of the major stationary source air-operation

1664 permit program must be conducted 2 years after the United States

1665 Environmental Protection Agency has given full approval of the

1666 program to ascertain whether the annual operation license fees

1667 collected by the department are used solely to support any

1668 reasonable direct and indirect costs as listed in paragraph (b).

1669 A program audit must be performed biennially after the first

1670 audit.

1671 Section 19. Paragraphs (a) and (b) of subsection (3) of

1672 section 403.1838, Florida Statutes, are amended to read:

1673 403.1838 Small Community Sewer Construction Assistance

1674 Act.—

1675 (3)(a) In accordance with rules adopted by the department

1676 ~~Environmental Regulation Commission under this section~~ , the

1677 department may provide grants, from funds specifically

1678 appropriated for this purpose, to financially disadvantaged

1679 small communities for up to 100 percent of the costs of

1680 planning, designing, constructing, upgrading, or replacing

1681 wastewater collection, transmission, treatment, disposal, and

1682 reuse facilities, including necessary legal and administrative

1683 expenses.

1684 (b) The rules of the department ~~Environmental Regulation~~

1685 ~~Commission~~ must:

1686 1. Require that projects to plan, design, construct,

1687 upgrade, or replace wastewater collection, transmission,

1688 treatment, disposal, and reuse facilities be cost-effective,

1689 environmentally sound, permittable, and implementable.

1690 2. Require appropriate user charges, connection fees, and

1691 other charges sufficient to ensure the long-term operation,

1692 maintenance, and replacement of the facilities constructed under

1693 each grant.

1694 3. Require grant applications to be submitted on

1695 appropriate forms with appropriate supporting documentation, and

1696 require records to be maintained.

1697 4. Establish a system to determine eligibility of grant

1698 applications.

1699 5. Establish a system to determine the relative priority of

1700 grant applications. The system must consider public health

1701 protection and water pollution prevention or abatement and must

1702 prioritize projects that plan for the installation of wastewater

1703 transmission facilities to be constructed concurrently with

1704 other construction projects occurring within or along a

1705 transportation facility right-of-way.

1706 6. Establish requirements for competitive procurement of

1707 engineering and construction services, materials, and equipment.

1708 7. Provide for termination of grants when program

1709 requirements are not met.

1710 Section 20. Section 403.804, Florida Statutes, is repealed.

1711 Section 21. Subsection (6) of section 403.892, Florida

1712 Statutes, is amended to read:

1713 403.892 Incentives for the use of graywater technologies.—

1714 (6) This section does not apply to multifamily projects

1715 with a building height greater than the maximum height allowed

1716 under s. 125.01055 or s. 166.04151 ~~more than five stories in~~

1717 ~~height~~ . Whether a dwelling is occupied by an owner is not an

1718 eligibility criterion for a developer or homebuilder to receive

1719 the incentives authorized under this section.

1720 Section 22. Subsection (6) of section 120.81, Florida

1721 Statutes, is amended to read:

1722 120.81 Exceptions and special requirements; general areas.—

1723 (6) RISK IMPACT STATEMENT.—The Department of Environmental

1724 Protection shall prepare a risk impact statement for any rule

1725 that is proposed for adoption which ~~approval by the~~

1726 ~~Environmental Regulation Commission and that~~ establishes or

1727 changes standards or criteria based on impacts to or effects

1728 upon human health. The Department of Agriculture and Consumer

1729 Services shall prepare a risk impact statement for any rule that

1730 is proposed for adoption that establishes standards or criteria

1731 based on impacts to or effects upon human health.

1732 (a) This subsection does not apply to rules adopted

1733 pursuant to federally delegated or mandated programs where such

1734 rules are identical or substantially identical to the federal

1735 regulations or laws being adopted or implemented by the

1736 Department of Environmental Protection or Department of

1737 Agriculture and Consumer Services, as applicable. However, the

1738 Department of Environmental Protection and the Department of

1739 Agriculture and Consumer Services shall identify any risk

1740 analysis information available to them from the Federal

1741 Government that has formed the basis of such a rule.

1742 (b) This subsection does not apply to emergency rules

1743 adopted pursuant to this chapter.

1744 (c) The Department of Environmental Protection and the

1745 Department of Agriculture and Consumer Services shall prepare

1746 and publish notice of the availability of a clear and concise

1747 risk impact statement for all applicable rules. The risk impact

1748 statement must explain the risk to the public health addressed

1749 by the rule and shall identify and summarize the source of the

1750 scientific information used in evaluating that risk.

1751 (d) Nothing in this subsection shall be construed to create

1752 a new cause of action or basis for challenging a rule nor

1753 diminish any existing cause of action or basis for challenging a

1754 rule.

1755 Section 23. Subsection (1) of section 373.421, Florida

1756 Statutes, is amended, and paragraph (b) of subsection (7) of

1757 that section is reenacted, to read:

1758 373.421 Delineation methods; formal determinations.—

1759 (1) The department’s ~~Environmental Regulation Commission~~

1760 ~~shall adopt a~~ unified statewide methodology for the delineation

1761 of the extent of wetlands as defined in s. 373.019(27) ~~.This~~

1762 ~~methodology~~ shall consider regional differences in the types of

1763 soils and vegetation that may serve as indicators of the extent

1764 of wetlands. This methodology shall also include provisions for

1765 determining the extent of surface waters other than wetlands for

1766 the purposes of regulation under s. 373.414. This methodology

1767 shall not become effective until ratified by the Legislature.

1768 Subsequent to legislative ratification, the wetland definition

1769 in s. 373.019(27) and the adopted wetland methodology shall be

1770 binding on the department, the water management districts, local

1771 governments, and any other governmental entities. Upon

1772 ratification of such wetland methodology, the Legislature

1773 preempts the authority of any water management district, state

1774 or regional agency, or local government to define wetlands or

1775 develop a delineation methodology to implement the definition

1776 and determines that the exclusive definition and delineation

1777 methodology for wetlands shall be that established pursuant to

1778 s. 373.019(27) and this section. Upon such legislative

1779 ratification, any existing wetlands definition or wetland

1780 delineation methodology shall be superseded by the wetland

1781 definition and delineation methodology established pursuant to

1782 this chapter. Subsequent to legislative ratification, a

1783 delineation of the extent of a surface water or wetland by the

1784 department or a water management district, pursuant to a formal

1785 determination under subsection (2), or pursuant to a permit

1786 issued under this part in which the delineation was field

1787 verified by the permitting agency and specifically approved in

1788 the permit, shall be binding on all other governmental entities

1789 for the duration of the formal determination or permit. All

1790 existing rules and methodologies of the department, the water

1791 management districts, and local governments, regarding surface

1792 water or wetland definition and delineation shall remain in full

1793 force and effect until the common methodology rule becomes

1794 effective. However, this shall not be construed to limit any

1795 power of the department, the water management districts, and

1796 local governments to amend or adopt a surface water or wetland

1797 definition or delineation methodology until the common

1798 methodology rule becomes effective.

1799 (7)

1800 (b) Wetlands contiguous to surface waters of the state as

1801 defined in s. 403.031(13), Florida Statutes (1991), shall be

1802 delineated pursuant to the department’s rules as such rules

1803 existed prior to January 24, 1984, while wetlands not contiguous

1804 to surface waters of the state as defined in s. 403.031(13),

1805 Florida Statutes (1991), shall be delineated pursuant to the

1806 applicable methodology ratified by s. 373.4211 for any

1807 development which obtains an individual permit from the United

1808 States Army Corps of Engineers under 33 U.S.C. s. 1344:

1809 1. Where a jurisdictional determination validated by the

1810 department pursuant to rule 17-301.400(8), Florida

1811 Administrative Code, as it existed in rule 17-4.022, Florida

1812 Administrative Code, on April 1, 1985, is revalidated pursuant

1813 to s. 373.414(13) and the affected lands are part of a project

1814 for which a vested rights determination has been issued pursuant

1815 to s. 380.06, or

1816 2. Where the lands affected were grandfathered pursuant to

1817 s. 403.913(6), Florida Statutes (1991), and proof of prior

1818 notification pursuant to s. 403.913(6), Florida Statutes (1991),

1819 is submitted to the department within 180 days of the

1820 publication of a notice by the department of the existence of

1821 this provision. Failure to timely submit the proof of prior

1822 notification to the department serves as a waiver of the

1823 benefits conferred by this subsection.

1824 3. This subsection shall not be applicable to lands:

1825 a. Within the geographical area to which an individual or

1826 general permit issued prior to June 1, 1994, under rules adopted

1827 pursuant to this part applies; or

1828 b. Within the geographical area to which a conceptual

1829 permit issued prior to June 1, 1994, under rules adopted

1830 pursuant to this part applies if wetland delineations were

1831 identified and approved by the conceptual permit as set forth in

1832 s. 373.414(12)(b)1. or 2.; or

1833 c. Where no development activity as defined in s. 380.01(1)

1834 or (2)(a)-(d) and (f) has occurred within the project boundaries

1835 since October 1, 1986; or

1836 d. Of a project which is not in compliance with this part

1837 or the rules adopted pursuant to ss. 403.91-403.929, 1984

1838 Supplement to the Florida Statutes 1983, as amended.

1839 4. The wetland delineation methodology required in this

1840 subsection shall only apply within the geographical area of an

1841 individual permit issued by the United States Army Corps of

1842 Engineers under 33 U.S.C. s. 1344. The requirement to obtain

1843 such individual permit to secure the benefit of this subsection

1844 shall not apply to any activities exempt or not subject to

1845 regulation under 33 U.S.C. s. 1344.

1846 5. Notwithstanding subsection (1), the wetland delineation

1847 methodology required in this subsection and any wetland

1848 delineation pursuant thereto, shall only apply to agency action

1849 under this part and shall not be binding on local governments

1850 except in their implementation of this part.

1851 Section 24. Paragraph (b) of subsection (23) of section

1852 403.031, Florida Statutes, is amended to read:

1853 403.031 Definitions.—In construing this chapter, or rules

1854 and regulations adopted pursuant hereto, the following words,

1855 phrases, or terms, unless the context otherwise indicates, have

1856 the following meanings:

1857 (23) “Waters” include, but are not limited to, rivers,

1858 lakes, streams, springs, impoundments, wetlands, and all other

1859 waters or bodies of water, including fresh, brackish, saline,

1860 tidal, surface, or underground waters. Waters owned entirely by

1861 one person other than the state are included only in regard to

1862 possible discharge on other property or water. Underground

1863 waters include, but are not limited to, all underground waters

1864 passing through pores of rock or soils or flowing through in

1865 channels, whether manmade or natural. Solely for purposes of s.

1866 403.0885, waters of the state also include navigable waters or

1867 waters of the contiguous zone as used in s. 502 of the Clean

1868 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in

1869 existence on January 1, 1993, except for those navigable waters

1870 seaward of the boundaries of the state set forth in s. 1, Art.

1871 II of the State Constitution. Solely for purposes of this

1872 chapter, waters of the state also include the area bounded by

1873 the following:

1874 (b) The area bounded by the line described in paragraph (a)

1875 generally includes those waters to be known as waters of the

1876 state. The landward extent of these waters shall be determined

1877 by the delineation methodology ratified in s. 373.4211. Any

1878 waters which are outside the general boundary line described in

1879 paragraph (a) but which are contiguous thereto by virtue of the

1880 presence of a wetland, watercourse, or other surface water, as

1881 determined by the delineation methodology ratified in s.

1882 373.4211, shall be a part of this waterbody. Any areas within

1883 the line described in paragraph (a) which are neither a wetland

1884 nor surface water, as determined by the delineation methodology

1885 ratified in s. 373.4211, shall be excluded therefrom. ~~If the~~

1886 ~~Florida Environmental Regulation Commission designates the~~

1887 ~~waters within the boundaries an Outstanding Florida Water,~~

1888 ~~waters outside the boundaries may not be included as part of~~

1889 ~~such designation unless a hearing is held pursuant to notice in~~

1890 ~~each appropriate county and the boundaries of such lands are~~

1891 ~~specifically considered and described for such designation.~~

1892 Section 25. Subsections (7) and (32) of section 403.061,

1893 Florida Statutes, are amended to read:

1894 403.061 Department; powers and duties.—The department shall

1895 have the power and the duty to control and prohibit pollution of

1896 air and water in accordance with the law and rules adopted and

1897 promulgated by it and, for this purpose, to:

1898 (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to

1899 implement this act. Any rule adopted pursuant to this act must

1900 be consistent with the provisions of federal law, if any,

1901 relating to control of emissions from motor vehicles, effluent

1902 limitations, pretreatment requirements, or standards of

1903 performance. A county, municipality, or political subdivision

1904 may not adopt or enforce any local ordinance, special law, or

1905 local regulation requiring the installation of Stage II vapor

1906 recovery systems, as currently defined by department rule,

1907 unless such county, municipality, or political subdivision is or

1908 has been in the past designated by federal regulation as a

1909 moderate, serious, or severe ozone nonattainment area. Rules

1910 adopted pursuant to this act may not require dischargers of

1911 waste into waters of the state to improve natural background

1912 conditions. The department shall adopt rules to reasonably

1913 limit, reduce, and eliminate domestic wastewater collection and

1914 transmission system pipe leakages and inflow and infiltration.

1915 Discharges from steam electric generating plants existing or

1916 licensed under this chapter on July 1, 1984, may not be required

1917 to be treated to a greater extent than may be necessary to

1918 assure that the quality of nonthermal components of discharges

1919 from nonrecirculated cooling water systems is as high as the

1920 quality of the makeup waters; that the quality of nonthermal

1921 components of discharges from recirculated cooling water systems

1922 is no lower than is allowed for blowdown from such systems; or

1923 that the quality of noncooling system discharges which receive

1924 makeup water from a receiving body of water which does not meet

1925 applicable department water quality standards is as high as the

1926 quality of the receiving body of water. ~~The department may not~~

1927 ~~adopt standards more stringent than federal regulations, except~~

1928 ~~as provided in s. 403.804.~~

1929 (32) Adopt rules necessary to obtain approval from the

1930 United States Environmental Protection Agency to administer the

1931 Federal National Pollution Discharge Elimination System (NPDES)

1932 permitting program in Florida under ss. 318, 402, and 405 of the

1933 federal Clean Water Act, Pub. L. No. 92-500, as amended. This

1934 authority shall be implemented consistent with the provisions of

1935 part II, which shall be applicable to facilities certified

1936 thereunder. The department shall establish all rules, standards,

1937 and requirements that regulate the discharge of pollutants into

1938 waters of the United States as defined by and in a manner

1939 consistent with federal regulations; provided, however, that the

1940 department may adopt a standard that is stricter or more

1941 stringent than one set by the United States Environmental

1942 Protection Agency ~~if approved by the Governor and Cabinet in~~

1943 ~~accordance with the procedures of s. 403.804(2)~~ .

1945 The department shall implement such programs in conjunction with

1946 its other powers and duties and shall place special emphasis on

1947 reducing and eliminating contamination that presents a threat to

1948 humans, animals or plants, or to the environment.

1949 Section 26. Subsection (9) of section 403.704, Florida

1950 Statutes, is amended to read:

1951 403.704 Powers and duties of the department.—The department

1952 shall have responsibility for the implementation and enforcement

1953 of this act. In addition to other powers and duties, the

1954 department shall:

1955 (9) Adopt rules pursuant to ss. 120.536(1) and 120.54 to

1956 implement and enforce this act, including requirements for the

1957 classification, construction, operation, maintenance, and

1958 closure of solid waste management facilities and requirements

1959 for, and conditions on, solid waste disposal in this state,

1960 whether such solid waste is generated within this state or

1961 outside this state as long as such requirements and conditions

1962 are not based on the out-of-state origin of the waste and are

1963 consistent with applicable law. When classifying solid waste

1964 management facilities, the department shall consider the

1965 hydrogeology of the site for the facility, the types of wastes

1966 to be handled by the facility, and methods used to control the

1967 types of waste to be handled by the facility and shall seek to

1968 minimize the adverse effects of solid waste management on the

1969 environment. ~~Whenever the department adopts any rule stricter or~~

1970 ~~more stringent than one that has been set by the United States~~

1971 ~~Environmental Protection Agency, the procedures set forth in s.~~

1972 ~~403.804(2) shall be followed.~~ The department may ~~shall~~ not ,

1973 ~~however,~~ adopt hazardous waste rules for solid waste for which

1974 special studies were required before ~~prior to~~ October 1, 1988,

1975 under s. 8002 of the Resource Conservation and Recovery Act, 42

1976 U.S.C. s. 6982, as amended, until the studies are completed by

1977 the United States Environmental Protection Agency and the

1978 information is available to the department for consideration in

1979 adopting its own rule.

1980 Section 27. Paragraph (d) of subsection (3) and paragraph

1981 (h) of subsection (9) of section 403.707, Florida Statutes, are

1982 amended to read:

1983 403.707 Permits.—

1984 (3)

1985 (d) The department may adopt rules to administer this

1986 subsection. ~~However, the department is not required to submit~~

1987 ~~such rules to the Environmental Regulation Commission for~~

1988 ~~approval.~~ Notwithstanding the limitations of s. 403.087(7)(a),

1989 permit fee caps for solid waste management facilities must ~~shall~~

1990 be prorated to reflect the extended permit term authorized by

1991 this subsection.

1992 (9) The department shall establish a separate category for

1993 solid waste management facilities that accept only construction

1994 and demolition debris for disposal or recycling. The department

1995 shall establish a reasonable schedule for existing facilities to

1996 comply with this section to avoid undue hardship to such

1997 facilities. However, a permitted solid waste disposal unit that

1998 receives a significant amount of waste prior to the compliance

1999 deadline established in this schedule shall not be required to

2000 be retrofitted with liners or leachate control systems.

2001 (h) The department shall ensure that the requirements of

2002 this section are applied and interpreted consistently throughout

2003 this ~~the~~ state. ~~In accordance with s. 20.255,~~ The Division of

2004 Waste Management shall direct the district offices and bureaus

2005 on matters relating to the interpretation and applicability of

2006 this section.

2007 Section 28. Subsection (3) of section 403.7222, Florida

2008 Statutes, is amended to read:

2009 403.7222 Prohibition of hazardous waste landfills.—

2010 (3) This section does not prohibit the department from

2011 banning the disposal of hazardous waste in other types of waste

2012 management units in a manner consistent with federal

2013 requirements ~~, except as provided under s. 403.804(2)~~ .

2014 Section 29. Subsection (4) of section 403.7234, Florida

2015 Statutes, is amended to read:

2016 403.7234 Small quantity generator notification and

2017 verification program.—

2018 (4) Within 30 days of receipt of a notification, which

2019 includes a survey form, a small quantity generator shall

2020 disclose its management practices and the types and quantities

2021 of waste to the county government. Annually, each county shall

2022 verify the management practices of at least 20 percent of its

2023 small quantity generators. The procedure for verification used

2024 by the county must ~~shall~~ be developed as part of the guidance

2025 established by the department under s. 403.7226. The department

2026 may also regulate the waste management practices of small

2027 quantity generators in order to ensure proper management of

2028 hazardous waste in a manner consistent with federal

2029 requirements ~~, except as provided under s. 403.804(2)~~ .

2030 Section 30. Section 403.803, Florida Statutes, is amended

2031 to read:

2032 403.803 Definitions.—When used in this part ~~act~~ , the term,

2033 phrase, or word:

2034 (1) “Branch office” means a geographical area, the

2035 boundaries of which may be established as a part of a district.

2036 (2) “Canal” is a manmade trench, the bottom of which is

2037 normally covered by water with the upper edges of its sides

2038 normally above water.

2039 (3) “Channel” is a trench, the bottom of which is normally

2040 covered entirely by water, with the upper edges of its sides

2041 normally below water.

2042 (4) ~~“Commission” means the Environmental Regulation~~

2043 ~~Commission.~~

2044 ~~(5)~~ “Department” means the Department of Environmental

2045 Protection.

2046 (5) ~~(6)~~ “District” or “environmental district” means one of

2047 the geographical areas, the boundaries of which are established

2048 pursuant to this act.

2049 (6) ~~(7)~~ “Drainage ditch” or “irrigation ditch” is a manmade

2050 trench dug for the purpose of draining water from the land or

2051 for transporting water for use on the land and is not built for

2052 navigational purposes.

2053 (7) ~~(8)~~ “Environmental district center” means the facilities

2054 and personnel which are centralized in each district for the

2055 purposes of carrying out the provisions of this act.

2056 (8) ~~(9)~~ “Headquarters” means the physical location of the

2057 offices of the secretary and the division directors of the

2058 department.

2059 (9) ~~(10)~~ “Insect control impoundment dikes” means artificial

2060 structures, including earthen berms, constructed and used to

2061 impound waters for the purpose of insect control.

2062 (10) ~~(11)~~ “Manager” means the head of an environmental

2063 district or branch office who shall supervise all environmental

2064 functions of the department within such environmental district

2065 or branch office.

2066 (11) ~~(12)~~ “Secretary” means the Secretary of Environmental

2067 Protection.

2068 (12) ~~(13)~~ “Standard” means any rule of the Department of

2069 Environmental Protection relating to air and water quality,

2070 noise, solid-waste management, and electric and magnetic fields

2071 associated with electrical transmission and distribution lines

2072 and substation facilities. The term “standard” does not include

2073 rules of the department which relate exclusively to the internal

2074 management of the department, the procedural processing of

2075 applications, the administration of rulemaking or adjudicatory

2076 proceedings, the publication of notices, the conduct of

2077 hearings, or other procedural matters.

2078 (13) ~~(14)~~ “Swale” means a manmade trench which:

2079 (a) Has a top width-to-depth ratio of the cross-section

2080 equal to or greater than 6:1, or side slopes equal to or greater

2081 than 3 feet horizontal to 1 foot vertical;

2082 (b) Contains contiguous areas of standing or flowing water

2083 only following a rainfall event;

2084 (c) Is planted with or has stabilized vegetation suitable

2085 for soil stabilization, stormwater treatment, and nutrient

2086 uptake; and

2087 (d) Is designed to take into account the soil erodibility,

2088 soil percolation, slope, slope length, and drainage area so as

2089 to prevent erosion and reduce pollutant concentration of any

2090 discharge.

2091 Section 31. Subsections (1) and (3) of section 403.805,

2092 Florida Statutes, are amended to read:

2093 403.805 Secretary; powers and duties; review of specified

2094 rules.—

2095 (1) The secretary shall have the powers and duties of heads

2096 of departments set forth in chapter 20, including the authority

2097 to adopt rules pursuant to ss. 120.536(1) and 120.54 to

2098 implement this chapter and ~~the provisions of~~ chapters 161, 253,

2099 258, 260, 369, 373, 376, 377, 378, and 380 ~~253, 373, and 376 and~~

2100 ~~this chapter~~ . ~~The secretary shall have rulemaking responsibility~~

2101 ~~under chapter 120, but shall submit any proposed rule containing~~

2102 ~~standards to the Environmental Regulation Commission for~~

2103 ~~approval, modification, or disapproval pursuant to s. 403.804,~~

2104 ~~except for total maximum daily load calculations and allocations~~

2105 ~~developed pursuant to s. 403.067(6).~~ The secretary shall have

2106 responsibility for final agency action regarding total maximum

2107 daily load calculations and allocations developed pursuant to s.

2108 403.067(6). The secretary shall employ legal counsel to

2109 represent the department in matters affecting the department.

2110 Except for appeals on permits specifically assigned by this act

2111 to the Governor and Cabinet, and unless otherwise prohibited by

2112 law, the secretary may delegate the authority assigned to the

2113 department by this act to the assistant secretary, division

2114 directors, and district and branch office managers and to the

2115 water management districts.

2116 (3) After adoption of proposed rule 62-302.531(9), Florida

2117 Administrative Code, a nonseverability and effective date

2118 provision approved by the commission on December 8, 2011, in

2119 ~~accordance with the commission’s legislative authority under s.~~

2120 ~~403.804,~~ notice of which was published by the department on

2121 December 22, 2011, in the Florida Administrative Register, Vol.

2122 37, No. 51, page 4446, any subsequent rule or amendment altering

2123 the effect of such rule must ~~shall~~ be submitted to the President

2124 of the Senate and the Speaker of the House of Representatives no

2125 later than 30 days before the next regular legislative session,

2126 and such amendment may not take effect until it is ratified by

2127 the Legislature.

2128 Section 32. Section 403.8055, Florida Statutes, is amended

2129 to read:

2130 403.8055 Department adoption of federal standards.

2131 Notwithstanding s. 120.54 ~~ss. 120.54 and 403.804~~ , the secretary

2132 is empowered to adopt rules substantively identical to

2133 regulations adopted in the Federal Register by the United States

2134 Environmental Protection Agency pursuant to federal law, in

2135 accordance with the following procedures:

2136 (1) The secretary shall publish notice of intent to adopt a

2137 rule pursuant to this section in the Florida Administrative

2138 Register at least 21 days before ~~prior to~~ filing the rule with

2139 the Department of State. The secretary shall mail a copy of the

2140 notice of intent to adopt a rule to the Administrative

2141 Procedures Committee at least 21 days before ~~prior to~~ the date

2142 of filing with the Department of State. Before ~~Prior to~~ filing

2143 the rule with the Department of State, the secretary shall

2144 consider any written comments received within 21 days after the

2145 date of publication of the notice of intent to adopt a rule. The

2146 rule must ~~shall~~ be adopted upon filing with the Department of

2147 State. Substantive changes from the rules as noticed ~~shall~~

2148 require republishing of notice as required in this section.

2149 (2) Any rule adopted pursuant to this section becomes ~~shall~~

2150 ~~become~~ effective upon the date designated in the rule by the

2151 secretary; however, no such a rule may not ~~shall~~ become

2152 effective earlier than the effective date of the substantively

2153 identical United States Environmental Protection Agency

2154 regulation.

2155 (3) The secretary shall stay any terms or conditions of a

2156 permit implementing department rules adopted pursuant to this

2157 section if the substantively identical provisions of a United

2158 States Environmental Protection Agency regulation have been

2159 stayed under federal judicial review. A stay issued pursuant to

2160 this subsection shall terminate upon completion of federal

2161 judicial review.

2162 (4) Any domestic for-profit or nonprofit corporation or

2163 association formed, in whole or in part:

2164 (a) To promote conservation or natural beauty;

2165 (b) To protect the environment, personal health, or other

2166 biological values;

2167 (c) To preserve historical sites;

2168 (d) To promote consumer interests;

2169 (e) To represent labor, commercial, or industrial groups;

2170 or

2171 (f) To promote orderly development;

2173 and any other substantially affected person may, within 14 days

2174 after the date of publication of the notice of intent to adopt a

2175 rule, file an objection to rulemaking with the department

2176 ~~Environmental Regulation Commission~~ . The objection shall specify

2177 the portions of the proposed rule to which the person objects

2178 and the reasons for the objection. The secretary shall not have

2179 the authority under this section to adopt those portions of a

2180 proposed rule specified in such objection. Objections which are

2181 frivolous shall not be considered sufficient to prohibit the

2182 secretary from adopting rules under this section.

2183 (5) Whenever all or part of any rule proposed for adoption

2184 by the department is substantively identical to a regulation

2185 adopted in the Federal Register by the United States

2186 Environmental Protection Agency pursuant to federal law, such

2187 rule shall be written in a manner so that the rule specifically

2188 references such regulation whenever possible.

2189 Section 33. Subsection (1) of section 403.814, Florida

2190 Statutes, is amended to read:

2191 403.814 General permits; delegation.—

2192 (1) The secretary is authorized to adopt rules establishing

2193 and providing for a program of general permits under this

2194 chapter and chapter 253 ~~and this chapter~~ for projects, or

2195 categories of projects, which have, either singly or

2196 cumulatively, a minimal adverse environmental effect. Such rules

2197 must ~~shall~~ specify design or performance criteria that ~~which~~ , if

2198 applied, would result in compliance with appropriate standards

2199 ~~adopted by the commission~~ . Except as provided for in subsection

2200 (3), any person complying with the requirements of a general

2201 permit may use the permit 30 days after giving notice to the

2202 department without any agency action by the department.

2203 Section 34. Paragraph (a) of subsection (1) of section

2204 376.302, Florida Statutes, is amended to read:

2205 376.302 Prohibited acts; penalties.—

2206 (1) It shall be a violation of this chapter and it shall be

2207 prohibited for any reason:

2208 (a) To discharge pollutants or hazardous substances into or

2209 upon the surface or ground waters of the state or lands, which

2210 discharge violates any departmental “standard” as defined in s.

2211 403.803 ~~s. 403.803(13)~~ .

2212 Section 35. Paragraph (b) of subsection (1) of section

2213 380.5105, Florida Statutes, is amended to read:

2214 380.5105 The Stan Mayfield Working Waterfronts; Florida

2215 Forever program.—

2216 (1) Notwithstanding any other provision of this chapter, it

2217 is the intent of the Legislature that the trust shall administer

2218 the working waterfronts land acquisition program as set forth in

2219 this section.

2220 (b) For projects that will require more than the grant

2221 amount awarded for completion, the applicant must identify in

2222 their project application funding sources that will provide the

2223 difference between the grant award and the estimated project

2224 completion cost. Such rules may be incorporated into those

2225 developed pursuant to s. 380.507(12) ~~s. 380.507(11)~~ .

2226 Section 36. For the purpose of incorporating the amendment

2227 made by this act to section 381.0065, Florida Statutes, in a

2228 reference thereto, paragraph (k) of subsection (2) of section

2229 381.0066, Florida Statutes, is reenacted to read:

2230 381.0066 Onsite sewage treatment and disposal systems;

2231 fees.—

2232 (2) The minimum fees in the following fee schedule apply

2233 until changed by rule by the department within the following

2234 limits:

2235 (k) Research: An additional $5 fee shall be added to each

2236 new system construction permit issued to be used to fund onsite

2237 sewage treatment and disposal system research, demonstration,

2238 and training projects. Five dollars from any repair permit fee

2239 collected under this section shall be used for funding the

2240 hands-on training centers described in s. 381.0065(3)(j).

2242 The funds collected pursuant to this subsection for the

2243 implementation of onsite sewage treatment and disposal system

2244 regulation and for the purposes of ss. 381.00655 and 381.0067,

2245 subsequent to any phased transfer of implementation from the

2246 Department of Health to the department within any county

2247 pursuant to s. 381.0065, must be deposited in the Florida Permit

2248 Fee Trust Fund under s. 403.0871, to be administered by the

2249 department.

2250 Section 37. For the purpose of incorporating the amendment

2251 made by this act to section 403.067, Florida Statutes, in a

2252 reference thereto, section 373.4595, Florida Statutes, is

2253 reenacted to read:

2254 373.4595 Northern Everglades and Estuaries Protection

2255 Program.—

2256 (1) FINDINGS AND INTENT.—

2257 (a) The Legislature finds that the Lake Okeechobee

2258 watershed, the Caloosahatchee River watershed, and the St. Lucie

2259 River watershed are critical water resources of the state,

2260 providing many economic, natural habitat, and biodiversity

2261 functions benefiting the public interest, including

2262 agricultural, public, and environmental water supply; flood

2263 control; fishing; navigation and recreation; and habitat to

2264 endangered and threatened species and other flora and fauna.

2265 (b) The Legislature finds that changes in land uses, the

2266 construction of the Central and Southern Florida Project, and

2267 the loss of surface water storage have resulted in adverse

2268 changes to the hydrology and water quality of Lake Okeechobee

2269 and the Caloosahatchee and St. Lucie Rivers and their estuaries.

2270 (c) The Legislature finds that improvement to the

2271 hydrology, water quality, and associated aquatic habitats within

2272 the Lake Okeechobee watershed, the Caloosahatchee River

2273 watershed, and the St. Lucie River watershed, is essential to

2274 the protection of the greater Everglades ecosystem.

2275 (d) The Legislature also finds that it is imperative for

2276 the state, local governments, and agricultural and environmental

2277 communities to commit to restoring and protecting the surface

2278 water resources of the Lake Okeechobee watershed, the

2279 Caloosahatchee River watershed, and the St. Lucie River

2280 watershed, and that a watershed-based approach to address these

2281 issues must be developed and implemented immediately.

2282 (e) The Legislature finds that phosphorus loads from the

2283 Lake Okeechobee watershed have contributed to excessive

2284 phosphorus levels throughout the Lake Okeechobee watershed and

2285 downstream receiving waters and that a reduction in levels of

2286 phosphorus will benefit the ecology of these systems. The

2287 excessive levels of phosphorus have also resulted in an

2288 accumulation of phosphorus in the sediments of Lake Okeechobee.

2289 If not removed, internal phosphorus loads from the sediments are

2290 expected to delay responses of the lake to external phosphorus

2291 reductions.

2292 (f) The Legislature finds that the Lake Okeechobee

2293 phosphorus loads set forth in the total maximum daily loads

2294 established in accordance with s. 403.067 represent an

2295 appropriate basis for restoration of the Lake Okeechobee

2296 watershed.

2297 (g) The Legislature finds that, in addition to phosphorus,

2298 other pollutants are contributing to water quality problems in

2299 the Lake Okeechobee watershed, the Caloosahatchee River

2300 watershed, and the St. Lucie River watershed, and that the total

2301 maximum daily load requirements of s. 403.067 provide a means of

2302 identifying and addressing these problems.

2303 (h) The Legislature finds that the expeditious

2304 implementation of the Lake Okeechobee Watershed Protection

2305 Program, the Caloosahatchee River Watershed Protection Program,

2306 and the St. Lucie River Watershed Protection Program is needed

2307 to improve the quality, quantity, timing, and distribution of

2308 water in the northern Everglades ecosystem and that this

2309 section, in conjunction with s. 403.067, including the

2310 implementation of the plans developed and approved pursuant to

2311 subsections (3) and (4), and any related basin management action

2312 plan developed and implemented pursuant to s. 403.067(7)(a),

2313 provide a reasonable means of achieving the total maximum daily

2314 load requirements and achieving and maintaining compliance with

2315 state water quality standards.

2316 (i) The Legislature finds that the implementation of the

2317 programs contained in this section is for the benefit of the

2318 public health, safety, and welfare and is in the public

2319 interest.

2320 (j) The Legislature finds that sufficient research has been

2321 conducted and sufficient plans developed to immediately expand

2322 and accelerate programs to address the hydrology and water

2323 quality in the Lake Okeechobee watershed, the Caloosahatchee

2324 River watershed, and the St. Lucie River watershed.

2325 (k) The Legislature finds that a continuing source of

2326 funding is needed to effectively implement the programs

2327 developed and approved under this section which are needed to

2328 address the hydrology and water quality problems within the Lake

2329 Okeechobee watershed, the Caloosahatchee River watershed, and

2330 the St. Lucie River watershed.

2331 (l) It is the intent of the Legislature to protect and

2332 restore surface water resources and achieve and maintain

2333 compliance with water quality standards in the Lake Okeechobee

2334 watershed, the Caloosahatchee River watershed, and the St. Lucie

2335 River watershed, and downstream receiving waters, through the

2336 phased, comprehensive, and innovative protection program set

2337 forth in this section which includes long-term solutions based

2338 upon the total maximum daily loads established in accordance

2339 with s. 403.067. This program shall be watershed-based, shall

2340 provide for consideration of all water quality issues needed to

2341 meet the total maximum daily load, and shall include research

2342 and monitoring, development and implementation of best

2343 management practices, refinement of existing regulations, and

2344 structural and nonstructural projects, including public works.

2345 (m) It is the intent of the Legislature that this section

2346 be implemented in coordination with the Comprehensive Everglades

2347 Restoration Plan project components and other federal programs

2348 in order to maximize opportunities for the most efficient and

2349 timely expenditures of public funds.

2350 (n) It is the intent of the Legislature that the

2351 coordinating agencies encourage and support the development of

2352 creative public-private partnerships and programs, including

2353 opportunities for water storage and quality improvement on

2354 private lands and water quality credit trading, to facilitate or

2355 further the restoration of the surface water resources of the

2356 Lake Okeechobee watershed, the Caloosahatchee River watershed,

2357 and the St. Lucie River watershed, consistent with s. 403.067.

2358 (2) DEFINITIONS.—As used in this section, the term:

2359 (a) “Best management practice” means a practice or

2360 combination of practices determined by the coordinating

2361 agencies, based on research, field-testing, and expert review,

2362 to be the most effective and practicable on-location means,

2363 including economic and technological considerations, for

2364 improving water quality in agricultural and urban discharges.

2365 Best management practices for agricultural discharges shall

2366 reflect a balance between water quality improvements and

2367 agricultural productivity.

2368 (b) “Biosolids” means the solid, semisolid, or liquid

2369 residue generated during the treatment of domestic wastewater in

2370 a domestic wastewater treatment facility, formerly known as

2371 “domestic wastewater residuals” or “residuals,” and includes

2372 products and treated material from biosolids treatment

2373 facilities and septage management facilities regulated by the

2374 department. The term does not include the treated effluent or

2375 reclaimed water from a domestic wastewater treatment facility,

2376 solids removed from pump stations and lift stations, screenings

2377 and grit removed from the preliminary treatment components of

2378 domestic wastewater treatment facilities, or ash generated

2379 during the incineration of biosolids.

2380 (c) “Caloosahatchee River watershed” means the

2381 Caloosahatchee River, its tributaries, its estuary, and the area

2382 within Charlotte, Glades, Hendry, and Lee Counties from which

2383 surface water flow is directed or drains, naturally or by

2384 constructed works, to the river, its tributaries, or its

2385 estuary.

2386 (d) “Coordinating agencies” means the Department of

2387 Agriculture and Consumer Services, the Department of

2388 Environmental Protection, and the South Florida Water Management

2389 District.

2390 (e) “Corps of Engineers” means the United States Army Corps

2391 of Engineers.

2392 (f) “Department” means the Department of Environmental

2393 Protection.

2394 (g) “District” means the South Florida Water Management

2395 District.

2396 (h) “Lake Okeechobee Watershed Construction Project” means

2397 the construction project developed pursuant to this section.

2398 (i) “Lake Okeechobee Watershed Protection Plan” means the

2399 Lake Okeechobee Watershed Construction Project and the Lake

2400 Okeechobee Watershed Research and Water Quality Monitoring

2401 Program.

2402 (j) “Lake Okeechobee watershed” means Lake Okeechobee, its

2403 tributaries, and the area within which surface water flow is

2404 directed or drains, naturally or by constructed works, to the

2405 lake or its tributaries.

2406 (k) “Northern Everglades” means the Lake Okeechobee

2407 watershed, the Caloosahatchee River watershed, and the St. Lucie

2408 River watershed.

2409 (l) “Project component” means any structural or operational

2410 change, resulting from the Restudy, to the Central and Southern

2411 Florida Project as it existed and was operated as of January 1,

2412 1999.

2413 (m) “Restudy” means the Comprehensive Review Study of the

2414 Central and Southern Florida Project, for which federal

2415 participation was authorized by the Federal Water Resources

2416 Development Acts of 1992 and 1996 together with related

2417 congressional resolutions and for which participation by the

2418 South Florida Water Management District is authorized by s.

2419 373.1501. The term includes all actions undertaken pursuant to

2420 the aforementioned authorizations which will result in

2421 recommendations for modifications or additions to the Central

2422 and Southern Florida Project.

2423 (n) “River Watershed Protection Plans” means the

2424 Caloosahatchee River Watershed Protection Plan and the St. Lucie

2425 River Watershed Protection Plan developed pursuant to this

2426 section.

2427 (o) “Soil amendment” means any substance or mixture of

2428 substances sold or offered for sale for soil enriching or

2429 corrective purposes, intended or claimed to be effective in

2430 promoting or stimulating plant growth, increasing soil or plant

2431 productivity, improving the quality of crops, or producing any

2432 chemical or physical change in the soil, except amendments,

2433 conditioners, additives, and related products that are derived

2434 solely from inorganic sources and that contain no recognized

2435 plant nutrients.

2436 (p) “St. Lucie River watershed” means the St. Lucie River,

2437 its tributaries, its estuary, and the area within Martin,

2438 Okeechobee, and St. Lucie Counties from which surface water flow

2439 is directed or drains, naturally or by constructed works, to the

2440 river, its tributaries, or its estuary.

2441 (q) “Total maximum daily load” means the sum of the

2442 individual wasteload allocations for point sources and the load

2443 allocations for nonpoint sources and natural background adopted

2444 pursuant to s. 403.067. Before determining individual wasteload

2445 allocations and load allocations, the maximum amount of a

2446 pollutant that a water body or water segment can assimilate from

2447 all sources without exceeding water quality standards must first

2448 be calculated.

2449 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake

2450 Okeechobee Watershed Protection Program shall consist of the

2451 Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee

2452 Basin Management Action Plan adopted pursuant to s. 403.067, the

2453 Lake Okeechobee Exotic Species Control Program, and the Lake

2454 Okeechobee Internal Phosphorus Management Program. The Lake

2455 Okeechobee Basin Management Action Plan adopted pursuant to s.

2456 403.067 shall be the component of the Lake Okeechobee Watershed

2457 Protection Program that achieves phosphorus load reductions for

2458 Lake Okeechobee. The Lake Okeechobee Watershed Protection

2459 Program shall address the reduction of phosphorus loading to the

2460 lake from both internal and external sources. Phosphorus load

2461 reductions shall be achieved through a phased program of

2462 implementation. In the development and administration of the

2463 Lake Okeechobee Watershed Protection Program, the coordinating

2464 agencies shall maximize opportunities provided by federal cost

2465 sharing programs and opportunities for partnerships with the

2466 private sector.

2467 (a) Lake Okeechobee Watershed Protection Plan.—To protect

2468 and restore surface water resources, the district, in

2469 cooperation with the other coordinating agencies, shall complete

2470 a Lake Okeechobee Watershed Protection Plan in accordance with

2471 this section and ss. 373.451-373.459. Beginning March 1, 2020,

2472 and every 5 years thereafter, the district shall update the Lake

2473 Okeechobee Watershed Protection Plan to ensure that it is

2474 consistent with the Lake Okeechobee Basin Management Action Plan

2475 adopted pursuant to s. 403.067. The Lake Okeechobee Watershed

2476 Protection Plan shall identify the geographic extent of the

2477 watershed, be coordinated with the plans developed pursuant to

2478 paragraphs (4)(a) and (c), and include the Lake Okeechobee

2479 Watershed Construction Project and the Lake Okeechobee Watershed

2480 Research and Water Quality Monitoring Program. The plan shall

2481 consider and build upon a review and analysis of the performance

2482 of projects constructed during Phase I and Phase II of the Lake

2483 Okeechobee Watershed Construction Project, pursuant to

2484 subparagraph 1.; relevant information resulting from the Lake

2485 Okeechobee Basin Management Action Plan, pursuant to paragraph

2486 (b); relevant information resulting from the Lake Okeechobee

2487 Watershed Research and Water Quality Monitoring Program,

2488 pursuant to subparagraph 2.; relevant information resulting from

2489 the Lake Okeechobee Exotic Species Control Program, pursuant to

2490 paragraph (c); and relevant information resulting from the Lake

2491 Okeechobee Internal Phosphorus Management Program, pursuant to

2492 paragraph (d).

2493 1. Lake Okeechobee Watershed Construction Project.—To

2494 improve the hydrology and water quality of Lake Okeechobee and

2495 downstream receiving waters, including the Caloosahatchee and

2496 St. Lucie Rivers and their estuaries, the district, in

2497 cooperation with the other coordinating agencies, shall design

2498 and construct the Lake Okeechobee Watershed Construction

2499 Project. The project shall include:

2500 a. Phase I.—Phase I of the Lake Okeechobee Watershed

2501 Construction Project shall consist of a series of project

2502 features consistent with the recommendations of the South

2503 Florida Ecosystem Restoration Working Group’s Lake Okeechobee

2504 Action Plan. Priority basins for such projects include S-191, S

2505 154, and Pools D and E in the Lower Kissimmee River. To obtain

2506 phosphorus load reductions to Lake Okeechobee as soon as

2507 possible, the following actions shall be implemented:

2508 (I) The district shall serve as a full partner with the

2509 Corps of Engineers in the design and construction of the Grassy

2510 Island Ranch and New Palm Dairy stormwater treatment facilities

2511 as components of the Lake Okeechobee Water Retention/Phosphorus

2512 Removal Critical Project. The Corps of Engineers shall have the

2513 lead in design and construction of these facilities. Should

2514 delays be encountered in the implementation of either of these

2515 facilities, the district shall notify the department and

2516 recommend corrective actions.

2517 (II) The district shall obtain permits and complete

2518 construction of two of the isolated wetland restoration projects

2519 that are part of the Lake Okeechobee Water Retention/Phosphorus

2520 Removal Critical Project. The additional isolated wetland

2521 projects included in this critical project shall further reduce

2522 phosphorus loading to Lake Okeechobee.

2523 (III) The district shall work with the Corps of Engineers

2524 to expedite initiation of the design process for the Taylor

2525 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment

2526 Area, a project component of the Comprehensive Everglades

2527 Restoration Plan. The district shall propose to the Corps of

2528 Engineers that the district take the lead in the design and

2529 construction of the Reservoir Assisted Stormwater Treatment Area

2530 and receive credit towards the local share of the total cost of

2531 the Comprehensive Everglades Restoration Plan.

2532 b. Phase II technical plan and construction.—The district,

2533 in cooperation with the other coordinating agencies, shall

2534 develop a detailed technical plan for Phase II of the Lake

2535 Okeechobee Watershed Construction Project which provides the

2536 basis for the Lake Okeechobee Basin Management Action Plan

2537 adopted by the department pursuant to s. 403.067. The detailed

2538 technical plan shall include measures for the improvement of the

2539 quality, quantity, timing, and distribution of water in the

2540 northern Everglades ecosystem, including the Lake Okeechobee

2541 watershed and the estuaries, and for facilitating the

2542 achievement of water quality standards. Use of cost-effective

2543 biologically based, hybrid wetland/chemical and other innovative

2544 nutrient control technologies shall be incorporated in the plan

2545 where appropriate. The detailed technical plan shall also

2546 include a Process Development and Engineering component to

2547 finalize the detail and design of Phase II projects and identify

2548 additional measures needed to increase the certainty that the

2549 overall objectives for improving water quality and quantity can

2550 be met. Based on information and recommendations from the

2551 Process Development and Engineering component, the Phase II

2552 detailed technical plan shall be periodically updated. Phase II

2553 shall include construction of additional facilities in the

2554 priority basins identified in sub-subparagraph a., as well as

2555 facilities for other basins in the Lake Okeechobee watershed.

2556 The technical plan shall:

2557 (I) Identify Lake Okeechobee Watershed Construction Project

2558 facilities designed to contribute to achieving all applicable

2559 total maximum daily loads established pursuant to s. 403.067

2560 within the Lake Okeechobee watershed.

2561 (II) Identify the size and location of all such Lake

2562 Okeechobee Watershed Construction Project facilities.

2563 (III) Provide a construction schedule for all such Lake

2564 Okeechobee Watershed Construction Project facilities, including

2565 the sequencing and specific timeframe for construction of each

2566 Lake Okeechobee Watershed Construction Project facility.

2567 (IV) Provide a schedule for the acquisition of lands or

2568 sufficient interests necessary to achieve the construction

2569 schedule.

2570 (V) Provide a detailed schedule of costs associated with

2571 the construction schedule.

2572 (VI) Identify, to the maximum extent practicable, impacts

2573 on wetlands and state-listed species expected to be associated

2574 with construction of such facilities, including potential

2575 alternatives to minimize and mitigate such impacts, as

2576 appropriate.

2577 (VII) Provide for additional measures, including voluntary

2578 water storage and quality improvements on private land, to

2579 increase water storage and reduce excess water levels in Lake

2580 Okeechobee and to reduce excess discharges to the estuaries.

2581 (VIII) Develop the appropriate water quantity storage goal

2582 to achieve the desired Lake Okeechobee range of lake levels and

2583 inflow volumes to the Caloosahatchee and St. Lucie estuaries

2584 while meeting the other water-related needs of the region,

2585 including water supply and flood protection.

2586 (IX) Provide for additional source controls needed to

2587 enhance performance of the Lake Okeechobee Watershed

2588 Construction Project facilities. Such additional source controls

2589 shall be incorporated into the Lake Okeechobee Basin Management

2590 Action Plan pursuant to paragraph (b).

2591 c. Evaluation.—Within 5 years after the adoption of the

2592 Lake Okeechobee Basin Management Action Plan pursuant to s.

2593 403.067 and every 5 years thereafter, the department, in

2594 cooperation with the other coordinating agencies, shall conduct

2595 an evaluation of the Lake Okeechobee Watershed Construction

2596 Project and identify any further load reductions necessary to

2597 achieve compliance with the Lake Okeechobee total maximum daily

2598 loads established pursuant to s. 403.067. The district shall

2599 identify modifications to facilities of the Lake Okeechobee

2600 Watershed Construction Project as appropriate to meet the total

2601 maximum daily loads. Modifications to the Lake Okeechobee

2602 Watershed Construction Project resulting from this evaluation

2603 shall be incorporated into the Lake Okeechobee Basin Management

2604 Action Plan and included in the applicable annual progress

2605 report submitted pursuant to subsection (6).

2606 d. Coordination and review.—To ensure the timely

2607 implementation of the Lake Okeechobee Watershed Construction

2608 Project, the design of project facilities shall be coordinated

2609 with the department and other interested parties, including

2610 affected local governments, to the maximum extent practicable.

2611 Lake Okeechobee Watershed Construction Project facilities shall

2612 be reviewed and commented upon by the department before the

2613 execution of a construction contract by the district for that

2614 facility.

2615 2. Lake Okeechobee Watershed Research and Water Quality

2616 Monitoring Program.—The coordinating agencies shall implement a

2617 Lake Okeechobee Watershed Research and Water Quality Monitoring

2618 Program. Results from the program shall be used by the

2619 department, in cooperation with the other coordinating agencies,

2620 to make modifications to the Lake Okeechobee Basin Management

2621 Action Plan adopted pursuant to s. 403.067, as appropriate. The

2622 program shall:

2623 a. Evaluate all available existing water quality data

2624 concerning total phosphorus in the Lake Okeechobee watershed,

2625 develop a water quality baseline to represent existing

2626 conditions for total phosphorus, monitor long-term ecological

2627 changes, including water quality for total phosphorus, and

2628 measure compliance with water quality standards for total

2629 phosphorus, including any applicable total maximum daily load

2630 for the Lake Okeechobee watershed as established pursuant to s.

2631 403.067. Beginning March 1, 2020, and every 5 years thereafter,

2632 the department shall reevaluate water quality and quantity data

2633 to ensure that the appropriate projects are being designated and

2634 incorporated into the Lake Okeechobee Basin Management Action

2635 Plan adopted pursuant to s. 403.067. The district shall

2636 implement a total phosphorus monitoring program at appropriate

2637 structures owned or operated by the district and within the Lake

2638 Okeechobee watershed.

2639 b. Develop a Lake Okeechobee water quality model that

2640 reasonably represents the phosphorus dynamics of Lake Okeechobee

2641 and incorporates an uncertainty analysis associated with model

2642 predictions.

2643 c. Determine the relative contribution of phosphorus from

2644 all identifiable sources and all primary and secondary land

2645 uses.

2646 d. Conduct an assessment of the sources of phosphorus from

2647 the Upper Kissimmee Chain of Lakes and Lake Istokpoga and their

2648 relative contribution to the water quality of Lake Okeechobee.

2649 The results of this assessment shall be used by the coordinating

2650 agencies as part of the Lake Okeechobee Basin Management Action

2651 Plan adopted pursuant to s. 403.067 to develop interim measures,

2652 best management practices, or regulations, as applicable.

2653 e. Assess current water management practices within the

2654 Lake Okeechobee watershed and develop recommendations for

2655 structural and operational improvements. Such recommendations

2656 shall balance water supply, flood control, estuarine salinity,

2657 maintenance of a healthy lake littoral zone, and water quality

2658 considerations.

2659 f. Evaluate the feasibility of alternative nutrient

2660 reduction technologies, including sediment traps, canal and

2661 ditch maintenance, fish production or other aquaculture,

2662 bioenergy conversion processes, and algal or other biological

2663 treatment technologies and include any alternative nutrient

2664 reduction technologies determined to be feasible in the Lake

2665 Okeechobee Basin Management Action Plan adopted pursuant to s.

2666 403.067.

2667 g. Conduct an assessment of the water volumes and timing

2668 from the Lake Okeechobee watershed and their relative

2669 contribution to the water level changes in Lake Okeechobee and

2670 to the timing and volume of water delivered to the estuaries.

2671 (b) Lake Okeechobee Basin Management Action Plan.—The Lake

2672 Okeechobee Basin Management Action Plan adopted pursuant to s.

2673 403.067 shall be the watershed phosphorus control component for

2674 Lake Okeechobee. The Lake Okeechobee Basin Management Action

2675 Plan shall be a multifaceted approach designed to achieve the

2676 total maximum daily load by improving the management of

2677 phosphorus sources within the Lake Okeechobee watershed through

2678 implementation of regulations and best management practices,

2679 continued development and continued implementation of improved

2680 best management practices, improvement and restoration of the

2681 hydrologic function of natural and managed systems, and use of

2682 alternative technologies for nutrient reduction. As provided in

2683 s. 403.067(7)(a)6., the Lake Okeechobee Basin Management Action

2684 Plan must include milestones for implementation and water

2685 quality improvement, and an associated water quality monitoring

2686 component sufficient to evaluate whether reasonable progress in

2687 pollutant load reductions is being achieved over time. An

2688 assessment of progress toward these milestones shall be

2689 conducted every 5 years and shall be provided to the Governor,

2690 the President of the Senate, and the Speaker of the House of

2691 Representatives. Revisions to the plan shall be made, as

2692 appropriate, as a result of each 5-year review. Revisions to the

2693 basin management action plan shall be made by the department in

2694 cooperation with the basin stakeholders. Revisions to best

2695 management practices or other measures must follow the

2696 procedures set forth in s. 403.067(7)(c)4. Revised basin

2697 management action plans must be adopted pursuant to s.

2698 403.067(7)(a)5. The department shall develop an implementation

2699 schedule establishing 5-year, 10-year, and 15-year measurable

2700 milestones and targets to achieve the total maximum daily load

2701 no more than 20 years after adoption of the plan. The initial

2702 implementation schedule shall be used to provide guidance for

2703 planning and funding purposes and is exempt from chapter 120.

2704 Upon the first 5-year review, the implementation schedule shall

2705 be adopted as part of the plan. If achieving the total maximum

2706 daily load within 20 years is not practicable, the

2707 implementation schedule must contain an explanation of the

2708 constraints that prevent achievement of the total maximum daily

2709 load within 20 years, an estimate of the time needed to achieve

2710 the total maximum daily load, and additional 5-year measurable

2711 milestones, as necessary. The coordinating agencies shall

2712 develop an interagency agreement pursuant to ss. 373.046 and

2713 373.406(5) which is consistent with the department taking the

2714 lead on water quality protection measures through the Lake

2715 Okeechobee Basin Management Action Plan adopted pursuant to s.

2716 403.067; the district taking the lead on hydrologic improvements

2717 pursuant to paragraph (a); and the Department of Agriculture and

2718 Consumer Services taking the lead on agricultural interim

2719 measures, best management practices, and other measures adopted

2720 pursuant to s. 403.067. The interagency agreement must specify

2721 how best management practices for nonagricultural nonpoint

2722 sources are developed and how all best management practices are

2723 implemented and verified consistent with s. 403.067 and this

2724 section and must address measures to be taken by the

2725 coordinating agencies during any best management practice

2726 reevaluation performed pursuant to subparagraphs 5. and 10. The

2727 department shall use best professional judgment in making the

2728 initial determination of best management practice effectiveness.

2729 The coordinating agencies may develop an intergovernmental

2730 agreement with local governments to implement nonagricultural

2731 nonpoint source best management practices within their

2732 respective geographic boundaries. The coordinating agencies

2733 shall facilitate the application of federal programs that offer

2734 opportunities for water quality treatment, including

2735 preservation, restoration, or creation of wetlands on

2736 agricultural lands.

2737 1. Agricultural nonpoint source best management practices,

2738 developed in accordance with s. 403.067 and designed to achieve

2739 the objectives of the Lake Okeechobee Watershed Protection

2740 Program as part of a phased approach of management strategies

2741 within the Lake Okeechobee Basin Management Action Plan, shall

2742 be implemented on an expedited basis.

2743 2. As provided in s. 403.067, the Department of Agriculture

2744 and Consumer Services, in consultation with the department, the

2745 district, and affected parties, shall initiate rule development

2746 for interim measures, best management practices, conservation

2747 plans, nutrient management plans, or other measures necessary

2748 for Lake Okeechobee watershed total maximum daily load

2749 reduction. The rule shall include thresholds for requiring

2750 conservation and nutrient management plans and criteria for the

2751 contents of such plans. Development of agricultural nonpoint

2752 source best management practices shall initially focus on those

2753 priority basins listed in sub-subparagraph (a)1.a. The

2754 Department of Agriculture and Consumer Services, in consultation

2755 with the department, the district, and affected parties, shall

2756 conduct an ongoing program for improvement of existing and

2757 development of new agricultural nonpoint source interim measures

2758 and best management practices. The Department of Agriculture and

2759 Consumer Services shall adopt such practices by rule. The

2760 Department of Agriculture and Consumer Services shall work with

2761 the University of Florida Institute of Food and Agriculture

2762 Sciences to review and, where appropriate, develop revised

2763 nutrient application rates for all agricultural soil amendments

2764 in the watershed.

2765 3. As provided in s. 403.067, where agricultural nonpoint

2766 source best management practices or interim measures have been

2767 adopted by rule of the Department of Agriculture and Consumer

2768 Services, the owner or operator of an agricultural nonpoint

2769 source addressed by such rule shall either implement interim

2770 measures or best management practices or demonstrate compliance

2771 with state water quality standards addressed by the Lake

2772 Okeechobee Basin Management Action Plan adopted pursuant to s.

2773 403.067 by conducting monitoring prescribed by the department or

2774 the district. Owners or operators of agricultural nonpoint

2775 sources who implement interim measures or best management

2776 practices adopted by rule of the Department of Agriculture and

2777 Consumer Services shall be subject to s. 403.067.

2778 4. The district or department shall conduct monitoring at

2779 representative sites to verify the effectiveness of agricultural

2780 nonpoint source best management practices.

2781 5. Where water quality problems are detected for

2782 agricultural nonpoint sources despite the appropriate

2783 implementation of adopted best management practices, a

2784 reevaluation of the best management practices shall be conducted

2785 pursuant to s. 403.067(7)(c)4. If the reevaluation determines

2786 that the best management practices or other measures require

2787 modification, the rule shall be revised to require

2788 implementation of the modified practice within a reasonable

2789 period as specified in the rule.

2790 6. As provided in s. 403.067, nonagricultural nonpoint

2791 source best management practices, developed in accordance with

2792 s. 403.067 and designed to achieve the objectives of the Lake

2793 Okeechobee Watershed Protection Program as part of a phased

2794 approach of management strategies within the Lake Okeechobee

2795 Basin Management Action Plan, shall be implemented on an

2796 expedited basis.

2797 7. The department and the district are directed to work

2798 with the University of Florida Institute of Food and

2799 Agricultural Sciences to develop appropriate nutrient

2800 application rates for all nonagricultural soil amendments in the

2801 watershed. As provided in s. 403.067, the department, in

2802 consultation with the district and affected parties, shall

2803 develop nonagricultural nonpoint source interim measures, best

2804 management practices, or other measures necessary for Lake

2805 Okeechobee watershed total maximum daily load reduction.

2806 Development of nonagricultural nonpoint source best management

2807 practices shall initially focus on those priority basins listed

2808 in sub-subparagraph (a)1.a. The department, the district, and

2809 affected parties shall conduct an ongoing program for

2810 improvement of existing and development of new interim measures

2811 and best management practices. The department or the district

2812 shall adopt such practices by rule.

2813 8. Where nonagricultural nonpoint source best management

2814 practices or interim measures have been developed by the

2815 department and adopted by the district, the owner or operator of

2816 a nonagricultural nonpoint source shall implement interim

2817 measures or best management practices and be subject to s.

2818 403.067.

2819 9. As provided in s. 403.067, the district or the

2820 department shall conduct monitoring at representative sites to

2821 verify the effectiveness of nonagricultural nonpoint source best

2822 management practices.

2823 10. Where water quality problems are detected for

2824 nonagricultural nonpoint sources despite the appropriate

2825 implementation of adopted best management practices, a

2826 reevaluation of the best management practices shall be conducted

2827 pursuant to s. 403.067(7)(c)4. If the reevaluation determines

2828 that the best management practices or other measures require

2829 modification, the rule shall be revised to require

2830 implementation of the modified practice within a reasonable time

2831 period as specified in the rule.

2832 11. Subparagraphs 2. and 7. do not preclude the department

2833 or the district from requiring compliance with water quality

2834 standards or with current best management practices requirements

2835 set forth in any applicable regulatory program authorized by law

2836 for the purpose of protecting water quality. Subparagraphs 2.

2837 and 7. are applicable only to the extent that they do not

2838 conflict with any rules adopted by the department that are

2839 necessary to maintain a federally delegated or approved program.

2840 12. The program of agricultural best management practices

2841 set forth in the Everglades Program of the district meets the

2842 requirements of this paragraph and s. 403.067(7) for the Lake

2843 Okeechobee watershed. An entity in compliance with the best

2844 management practices set forth in the Everglades Program of the

2845 district may elect to use that permit in lieu of the

2846 requirements of this paragraph. The provisions of subparagraph

2847 5. apply to this subparagraph. This subparagraph does not alter

2848 any requirement of s. 373.4592.

2849 13. The Department of Agriculture and Consumer Services, in

2850 cooperation with the department and the district, shall provide

2851 technical and financial assistance for implementation of

2852 agricultural best management practices, subject to the

2853 availability of funds. The department and district shall provide

2854 technical and financial assistance for implementation of

2855 nonagricultural nonpoint source best management practices,

2856 subject to the availability of funds.

2857 14. Projects that reduce the phosphorus load originating

2858 from domestic wastewater systems within the Lake Okeechobee

2859 watershed shall be given funding priority in the department’s

2860 revolving loan program under s. 403.1835. The department shall

2861 coordinate and provide assistance to those local governments

2862 seeking financial assistance for such priority projects.

2863 15. Projects that make use of private lands, or lands held

2864 in trust for Indian tribes, to reduce nutrient loadings or

2865 concentrations within a basin by one or more of the following

2866 methods: restoring the natural hydrology of the basin, restoring

2867 wildlife habitat or impacted wetlands, reducing peak flows after

2868 storm events, increasing aquifer recharge, or protecting range

2869 and timberland from conversion to development, are eligible for

2870 grants available under this section from the coordinating

2871 agencies. For projects of otherwise equal priority, special

2872 funding priority will be given to those projects that make best

2873 use of the methods outlined above that involve public-private

2874 partnerships or that obtain federal match money. Preference

2875 ranking above the special funding priority will be given to

2876 projects located in a rural area of opportunity designated by

2877 the Governor. Grant applications may be submitted by any person

2878 or tribal entity, and eligible projects may include, but are not

2879 limited to, the purchase of conservation and flowage easements,

2880 hydrologic restoration of wetlands, creating treatment wetlands,

2881 development of a management plan for natural resources, and

2882 financial support to implement a management plan.

2883 16. The department shall require all entities disposing of

2884 domestic wastewater biosolids within the Lake Okeechobee

2885 watershed and the remaining areas of Okeechobee, Glades, and

2886 Hendry Counties to develop and submit to the department an

2887 agricultural use plan that limits applications based upon

2888 phosphorus loading consistent with the Lake Okeechobee Basin

2889 Management Action Plan adopted pursuant to s. 403.067. The

2890 department may not authorize the disposal of domestic wastewater

2891 biosolids within the Lake Okeechobee watershed unless the

2892 applicant can affirmatively demonstrate that the phosphorus in

2893 the biosolids will not add to phosphorus loadings in Lake

2894 Okeechobee or its tributaries. This demonstration shall be based

2895 on achieving a net balance between phosphorus imports relative

2896 to exports on the permitted application site. Exports shall

2897 include only phosphorus removed from the Lake Okeechobee

2898 watershed through products generated on the permitted

2899 application site. This prohibition does not apply to Class AA

2900 biosolids that are marketed and distributed as fertilizer

2901 products in accordance with department rule.

2902 17. Private and government-owned utilities within Monroe,

2903 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

2904 River, Okeechobee, Highlands, Hendry, and Glades Counties that

2905 dispose of wastewater biosolids sludge from utility operations

2906 and septic removal by land spreading in the Lake Okeechobee

2907 watershed may use a line item on local sewer rates to cover

2908 wastewater biosolids treatment and disposal if such disposal and

2909 treatment is done by approved alternative treatment methodology

2910 at a facility located within the areas designated by the

2911 Governor as rural areas of opportunity pursuant to s. 288.0656.

2912 This additional line item is an environmental protection

2913 disposal fee above the present sewer rate and may not be

2914 considered a part of the present sewer rate to customers,

2915 notwithstanding provisions to the contrary in chapter 367. The

2916 fee shall be established by the county commission or its

2917 designated assignee in the county in which the alternative

2918 method treatment facility is located. The fee shall be

2919 calculated to be no higher than that necessary to recover the

2920 facility’s prudent cost of providing the service. Upon request

2921 by an affected county commission, the Florida Public Service

2922 Commission will provide assistance in establishing the fee.

2923 Further, for utilities and utility authorities that use the

2924 additional line item environmental protection disposal fee, such

2925 fee may not be considered a rate increase under the rules of the

2926 Public Service Commission and shall be exempt from such rules.

2927 Utilities using this section may immediately include in their

2928 sewer invoicing the new environmental protection disposal fee.

2929 Proceeds from this environmental protection disposal fee shall

2930 be used for treatment and disposal of wastewater biosolids,

2931 including any treatment technology that helps reduce the volume

2932 of biosolids that require final disposal, but such proceeds may

2933 not be used for transportation or shipment costs for disposal or

2934 any costs relating to the land application of biosolids in the

2935 Lake Okeechobee watershed.

2936 18. No less frequently than once every 3 years, the Florida

2937 Public Service Commission or the county commission through the

2938 services of an independent auditor shall perform a financial

2939 audit of all facilities receiving compensation from an

2940 environmental protection disposal fee. The Florida Public

2941 Service Commission or the county commission through the services

2942 of an independent auditor shall also perform an audit of the

2943 methodology used in establishing the environmental protection

2944 disposal fee. The Florida Public Service Commission or the

2945 county commission shall, within 120 days after completion of an

2946 audit, file the audit report with the President of the Senate

2947 and the Speaker of the House of Representatives and shall

2948 provide copies to the county commissions of the counties set

2949 forth in subparagraph 17. The books and records of any

2950 facilities receiving compensation from an environmental

2951 protection disposal fee shall be open to the Florida Public

2952 Service Commission and the Auditor General for review upon

2953 request.

2954 19. The Department of Health shall require all entities

2955 disposing of septage within the Lake Okeechobee watershed to

2956 develop and submit to that agency an agricultural use plan that

2957 limits applications based upon phosphorus loading consistent

2958 with the Lake Okeechobee Basin Management Action Plan adopted

2959 pursuant to s. 403.067.

2960 20. The Department of Agriculture and Consumer Services

2961 shall initiate rulemaking requiring entities within the Lake

2962 Okeechobee watershed which land-apply animal manure to develop

2963 resource management system level conservation plans, according

2964 to United States Department of Agriculture criteria, which limit

2965 such application. Such rules must include criteria and

2966 thresholds for the requirement to develop a conservation or

2967 nutrient management plan, requirements for plan approval, site

2968 inspection requirements, and recordkeeping requirements.

2969 21. The district shall revise chapter 40E-61, Florida

2970 Administrative Code, to be consistent with this section and s.

2971 403.067; provide for a monitoring program for nonpoint source

2972 dischargers required to monitor water quality by s. 403.067; and

2973 provide for the results of such monitoring to be reported to the

2974 coordinating agencies.

2975 (c) Lake Okeechobee Exotic Species Control Program.—The

2976 coordinating agencies shall identify the exotic species that

2977 threaten the native flora and fauna within the Lake Okeechobee

2978 watershed and develop and implement measures to protect the

2979 native flora and fauna.

2980 (d) Lake Okeechobee Internal Phosphorus Management

2981 Program.—The district, in cooperation with the other

2982 coordinating agencies and interested parties, shall evaluate the

2983 feasibility of Lake Okeechobee internal phosphorus load removal

2984 projects. The evaluation shall be based on technical

2985 feasibility, as well as economic considerations, and shall

2986 consider all reasonable methods of phosphorus removal. If

2987 projects are found to be feasible, the district shall

2988 immediately pursue the design, funding, and permitting for

2989 implementing such projects.

2990 (e) Lake Okeechobee Watershed Protection Program

2991 implementation.—The coordinating agencies shall be jointly

2992 responsible for implementing the Lake Okeechobee Watershed

2993 Protection Program, consistent with the statutory authority and

2994 responsibility of each agency. Annual funding priorities shall

2995 be jointly established, and the highest priority shall be

2996 assigned to programs and projects that address sources that have

2997 the highest relative contribution to loading and the greatest

2998 potential for reductions needed to meet the total maximum daily

2999 loads. In determining funding priorities, the coordinating

3000 agencies shall also consider the need for regulatory compliance,

3001 the extent to which the program or project is ready to proceed,

3002 and the availability of federal matching funds or other nonstate

3003 funding, including public-private partnerships. Federal and

3004 other nonstate funding shall be maximized to the greatest extent

3005 practicable.

3006 (f) Priorities and implementation schedules.—The

3007 coordinating agencies are authorized and directed to establish

3008 priorities and implementation schedules for the achievement of

3009 total maximum daily loads, compliance with the requirements of

3010 s. 403.067, and compliance with applicable water quality

3011 standards within the waters and watersheds subject to this

3012 section.

3013 (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND

3014 ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection

3015 program shall be developed and implemented as specified in this

3016 subsection. To protect and restore surface water resources, the

3017 program shall address the reduction of pollutant loadings,

3018 restoration of natural hydrology, and compliance with applicable

3019 state water quality standards. The program shall be achieved

3020 through a phased program of implementation. In addition,

3021 pollutant load reductions based upon adopted total maximum daily

3022 loads established in accordance with s. 403.067 shall serve as a

3023 program objective. In the development and administration of the

3024 program, the coordinating agencies shall maximize opportunities

3025 provided by federal and local government cost-sharing programs

3026 and opportunities for partnerships with the private sector and

3027 local government. The program shall include a goal for salinity

3028 envelopes and freshwater inflow targets for the estuaries based

3029 upon existing research and documentation. The goal may be

3030 revised as new information is available. This goal shall seek to

3031 reduce the frequency and duration of undesirable salinity ranges

3032 while meeting the other water-related needs of the region,

3033 including water supply and flood protection, while recognizing

3034 the extent to which water inflows are within the control and

3035 jurisdiction of the district.

3036 (a) Caloosahatchee River Watershed Protection Plan.—The

3037 district, in cooperation with the other coordinating agencies,

3038 Lee County, and affected counties and municipalities, shall

3039 complete a River Watershed Protection Plan in accordance with

3040 this subsection. The Caloosahatchee River Watershed Protection

3041 Plan shall identify the geographic extent of the watershed, be

3042 coordinated as needed with the plans developed pursuant to

3043 paragraph (3)(a) and paragraph (c) of this subsection, and

3044 include the Caloosahatchee River Watershed Construction Project

3045 and the Caloosahatchee River Watershed Research and Water

3046 Quality Monitoring Program.

3047 1. Caloosahatchee River Watershed Construction Project.—To

3048 improve the hydrology, water quality, and aquatic habitats

3049 within the watershed, the district shall, no later than January

3050 1, 2012, plan, design, and construct the initial phase of the

3051 Watershed Construction Project. In doing so, the district shall:

3052 a. Develop and designate the facilities to be constructed

3053 to achieve stated goals and objectives of the Caloosahatchee

3054 River Watershed Protection Plan.

3055 b. Conduct scientific studies that are necessary to support

3056 the design of the Caloosahatchee River Watershed Construction

3057 Project facilities.

3058 c. Identify the size and location of all such facilities.

3059 d. Provide a construction schedule for all such facilities,

3060 including the sequencing and specific timeframe for construction

3061 of each facility.

3062 e. Provide a schedule for the acquisition of lands or

3063 sufficient interests necessary to achieve the construction

3064 schedule.

3065 f. Provide a schedule of costs and benefits associated with

3066 each construction project and identify funding sources.

3067 g. To ensure timely implementation, coordinate the design,

3068 scheduling, and sequencing of project facilities with the

3069 coordinating agencies, Lee County, other affected counties and

3070 municipalities, and other affected parties.

3071 2. Caloosahatchee River Watershed Research and Water

3072 Quality Monitoring Program.—The district, in cooperation with

3073 the other coordinating agencies and local governments, shall

3074 implement a Caloosahatchee River Watershed Research and Water

3075 Quality Monitoring Program that builds upon the district’s

3076 existing research program and that is sufficient to carry out,

3077 comply with, or assess the plans, programs, and other

3078 responsibilities created by this subsection. The program shall

3079 also conduct an assessment of the water volumes and timing from

3080 Lake Okeechobee and the Caloosahatchee River watershed and their

3081 relative contributions to the timing and volume of water

3082 delivered to the estuary.

3083 (b) Caloosahatchee River Watershed Basin Management Action

3084 Plans.—The basin management action plans adopted pursuant to s.

3085 403.067 for the Caloosahatchee River watershed shall be the

3086 Caloosahatchee River Watershed Pollutant Control Program. The

3087 plans shall be designed to be a multifaceted approach to

3088 reducing pollutant loads by improving the management of

3089 pollutant sources within the Caloosahatchee River watershed

3090 through implementation of regulations and best management

3091 practices, development and implementation of improved best

3092 management practices, improvement and restoration of the

3093 hydrologic function of natural and managed systems, and

3094 utilization of alternative technologies for pollutant reduction,

3095 such as cost-effective biologically based, hybrid

3096 wetland/chemical and other innovative nutrient control

3097 technologies. As provided in s. 403.067(7)(a)6., the

3098 Caloosahatchee River Watershed Basin Management Action Plans

3099 must include milestones for implementation and water quality

3100 improvement, and an associated water quality monitoring

3101 component sufficient to evaluate whether reasonable progress in

3102 pollutant load reductions is being achieved over time. An

3103 assessment of progress toward these milestones shall be

3104 conducted every 5 years and shall be provided to the Governor,

3105 the President of the Senate, and the Speaker of the House of

3106 Representatives. Revisions to the plans shall be made, as

3107 appropriate, as a result of each 5-year review. Revisions to the

3108 basin management action plans shall be made by the department in

3109 cooperation with the basin stakeholders. Revisions to best

3110 management practices or other measures must follow the

3111 procedures set forth in s. 403.067(7)(c)4. Revised basin

3112 management action plans must be adopted pursuant to s.

3113 403.067(7)(a)5. The department shall develop an implementation

3114 schedule establishing 5-year, 10-year, and 15-year measurable

3115 milestones and targets to achieve the total maximum daily load

3116 no more than 20 years after adoption of the plan. The initial

3117 implementation schedule shall be used to provide guidance for

3118 planning and funding purposes and is exempt from chapter 120.

3119 Upon the first 5-year review, the implementation schedule shall

3120 be adopted as part of the plans. If achieving the total maximum

3121 daily load within 20 years is not practicable, the

3122 implementation schedule must contain an explanation of the

3123 constraints that prevent achievement of the total maximum daily

3124 load within 20 years, an estimate of the time needed to achieve

3125 the total maximum daily load, and additional 5-year measurable

3126 milestones, as necessary. The coordinating agencies shall

3127 facilitate the use of federal programs that offer opportunities

3128 for water quality treatment, including preservation,

3129 restoration, or creation of wetlands on agricultural lands.

3130 1. Nonpoint source best management practices consistent

3131 with s. 403.067, designed to achieve the objectives of the

3132 Caloosahatchee River Watershed Protection Program, shall be

3133 implemented on an expedited basis. The coordinating agencies may

3134 develop an intergovernmental agreement with local governments to

3135 implement the nonagricultural, nonpoint source best management

3136 practices within their respective geographic boundaries.

3137 2. This subsection does not preclude the department or the

3138 district from requiring compliance with water quality standards,

3139 adopted total maximum daily loads, or current best management

3140 practices requirements set forth in any applicable regulatory

3141 program authorized by law for the purpose of protecting water

3142 quality. This subsection applies only to the extent that it does

3143 not conflict with any rules adopted by the department or

3144 district which are necessary to maintain a federally delegated

3145 or approved program.

3146 3. Projects that make use of private lands, or lands held

3147 in trust for Indian tribes, to reduce pollutant loadings or

3148 concentrations within a basin, or that reduce the volume of

3149 harmful discharges by one or more of the following methods:

3150 restoring the natural hydrology of the basin, restoring wildlife

3151 habitat or impacted wetlands, reducing peak flows after storm

3152 events, or increasing aquifer recharge, are eligible for grants

3153 available under this section from the coordinating agencies.

3154 4. The Caloosahatchee River Watershed Basin Management

3155 Action Plans shall require assessment of current water

3156 management practices within the watershed and shall require

3157 development of recommendations for structural, nonstructural,

3158 and operational improvements. Such recommendations shall

3159 consider and balance water supply, flood control, estuarine

3160 salinity, aquatic habitat, and water quality considerations.

3161 5. The department may not authorize the disposal of

3162 domestic wastewater biosolids within the Caloosahatchee River

3163 watershed unless the applicant can affirmatively demonstrate

3164 that the nutrients in the biosolids will not add to nutrient

3165 loadings in the watershed. This demonstration shall be based on

3166 achieving a net balance between nutrient imports relative to

3167 exports on the permitted application site. Exports shall include

3168 only nutrients removed from the watershed through products

3169 generated on the permitted application site. This prohibition

3170 does not apply to Class AA biosolids that are marketed and

3171 distributed as fertilizer products in accordance with department

3172 rule.

3173 6. The Department of Health shall require all entities

3174 disposing of septage within the Caloosahatchee River watershed

3175 to develop and submit to that agency an agricultural use plan

3176 that limits applications based upon nutrient loading consistent

3177 with any basin management action plan adopted pursuant to s.

3178 403.067.

3179 7. The Department of Agriculture and Consumer Services

3180 shall require entities within the Caloosahatchee River watershed

3181 which land-apply animal manure to develop a resource management

3182 system level conservation plan, according to United States

3183 Department of Agriculture criteria, which limit such

3184 application. Such rules shall include criteria and thresholds

3185 for the requirement to develop a conservation or nutrient

3186 management plan, requirements for plan approval, site inspection

3187 requirements, and recordkeeping requirements.

3188 8. The district shall initiate rulemaking to provide for a

3189 monitoring program for nonpoint source dischargers required to

3190 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.

3191 The results of such monitoring must be reported to the

3192 coordinating agencies.

3193 (c) St. Lucie River Watershed Protection Plan.—The

3194 district, in cooperation with the other coordinating agencies,

3195 Martin County, and affected counties and municipalities shall

3196 complete a plan in accordance with this subsection. The St.

3197 Lucie River Watershed Protection Plan shall identify the

3198 geographic extent of the watershed, be coordinated as needed

3199 with the plans developed pursuant to paragraph (3)(a) and

3200 paragraph (a) of this subsection, and include the St. Lucie

3201 River Watershed Construction Project and St. Lucie River

3202 Watershed Research and Water Quality Monitoring Program.

3203 1. St. Lucie River Watershed Construction Project.—To

3204 improve the hydrology, water quality, and aquatic habitats

3205 within the watershed, the district shall, no later than January

3206 1, 2012, plan, design, and construct the initial phase of the

3207 Watershed Construction Project. In doing so, the district shall:

3208 a. Develop and designate the facilities to be constructed

3209 to achieve stated goals and objectives of the St. Lucie River

3210 Watershed Protection Plan.

3211 b. Identify the size and location of all such facilities.

3212 c. Provide a construction schedule for all such facilities,

3213 including the sequencing and specific timeframe for construction

3214 of each facility.

3215 d. Provide a schedule for the acquisition of lands or

3216 sufficient interests necessary to achieve the construction

3217 schedule.

3218 e. Provide a schedule of costs and benefits associated with

3219 each construction project and identify funding sources.

3220 f. To ensure timely implementation, coordinate the design,

3221 scheduling, and sequencing of project facilities with the

3222 coordinating agencies, Martin County, St. Lucie County, other

3223 interested parties, and other affected local governments.

3224 2. St. Lucie River Watershed Research and Water Quality

3225 Monitoring Program.—The district, in cooperation with the other

3226 coordinating agencies and local governments, shall establish a

3227 St. Lucie River Watershed Research and Water Quality Monitoring

3228 Program that builds upon the district’s existing research

3229 program and that is sufficient to carry out, comply with, or

3230 assess the plans, programs, and other responsibilities created

3231 by this subsection. The district shall also conduct an

3232 assessment of the water volumes and timing from Lake Okeechobee

3233 and the St. Lucie River watershed and their relative

3234 contributions to the timing and volume of water delivered to the

3235 estuary.

3236 (d) St. Lucie River Watershed Basin Management Action

3237 Plan.—The basin management action plan for the St. Lucie River

3238 watershed adopted pursuant to s. 403.067 shall be the St. Lucie

3239 River Watershed Pollutant Control Program and shall be designed

3240 to be a multifaceted approach to reducing pollutant loads by

3241 improving the management of pollutant sources within the St.

3242 Lucie River watershed through implementation of regulations and

3243 best management practices, development and implementation of

3244 improved best management practices, improvement and restoration

3245 of the hydrologic function of natural and managed systems, and

3246 use of alternative technologies for pollutant reduction, such as

3247 cost-effective biologically based, hybrid wetland/chemical and

3248 other innovative nutrient control technologies. As provided in

3249 s. 403.067(7)(a)6., the St. Lucie River Watershed Basin

3250 Management Action Plan must include milestones for

3251 implementation and water quality improvement, and an associated

3252 water quality monitoring component sufficient to evaluate

3253 whether reasonable progress in pollutant load reductions is

3254 being achieved over time. An assessment of progress toward these

3255 milestones shall be conducted every 5 years and shall be

3256 provided to the Governor, the President of the Senate, and the

3257 Speaker of the House of Representatives. Revisions to the plan

3258 shall be made, as appropriate, as a result of each 5-year

3259 review. Revisions to the basin management action plan shall be

3260 made by the department in cooperation with the basin

3261 stakeholders. Revisions to best management practices or other

3262 measures must follow the procedures set forth in s.

3263 403.067(7)(c)4. Revised basin management action plans must be

3264 adopted pursuant to s. 403.067(7)(a)5. The department shall

3265 develop an implementation schedule establishing 5-year, 10-year,

3266 and 15-year measurable milestones and targets to achieve the

3267 total maximum daily load no more than 20 years after adoption of

3268 the plan. The initial implementation schedule shall be used to

3269 provide guidance for planning and funding purposes and is exempt

3270 from chapter 120. Upon the first 5-year review, the

3271 implementation schedule shall be adopted as part of the plan. If

3272 achieving the total maximum daily load within 20 years is not

3273 practicable, the implementation schedule must contain an

3274 explanation of the constraints that prevent achievement of the

3275 total maximum daily load within 20 years, an estimate of the

3276 time needed to achieve the total maximum daily load, and

3277 additional 5-year measurable milestones, as necessary. The

3278 coordinating agencies shall facilitate the use of federal

3279 programs that offer opportunities for water quality treatment,

3280 including preservation, restoration, or creation of wetlands on

3281 agricultural lands.

3282 1. Nonpoint source best management practices consistent

3283 with s. 403.067, designed to achieve the objectives of the St.

3284 Lucie River Watershed Protection Program, shall be implemented

3285 on an expedited basis. The coordinating agencies may develop an

3286 intergovernmental agreement with local governments to implement

3287 the nonagricultural nonpoint source best management practices

3288 within their respective geographic boundaries.

3289 2. This subsection does not preclude the department or the

3290 district from requiring compliance with water quality standards,

3291 adopted total maximum daily loads, or current best management

3292 practices requirements set forth in any applicable regulatory

3293 program authorized by law for the purpose of protecting water

3294 quality. This subsection applies only to the extent that it does

3295 not conflict with any rules adopted by the department or

3296 district which are necessary to maintain a federally delegated

3297 or approved program.

3298 3. Projects that make use of private lands, or lands held

3299 in trust for Indian tribes, to reduce pollutant loadings or

3300 concentrations within a basin, or that reduce the volume of

3301 harmful discharges by one or more of the following methods:

3302 restoring the natural hydrology of the basin, restoring wildlife

3303 habitat or impacted wetlands, reducing peak flows after storm

3304 events, or increasing aquifer recharge, are eligible for grants

3305 available under this section from the coordinating agencies.

3306 4. The St. Lucie River Watershed Basin Management Action

3307 Plan shall require assessment of current water management

3308 practices within the watershed and shall require development of

3309 recommendations for structural, nonstructural, and operational

3310 improvements. Such recommendations shall consider and balance

3311 water supply, flood control, estuarine salinity, aquatic

3312 habitat, and water quality considerations.

3313 5. The department may not authorize the disposal of

3314 domestic wastewater biosolids within the St. Lucie River

3315 watershed unless the applicant can affirmatively demonstrate

3316 that the nutrients in the biosolids will not add to nutrient

3317 loadings in the watershed. This demonstration shall be based on

3318 achieving a net balance between nutrient imports relative to

3319 exports on the permitted application site. Exports shall include

3320 only nutrients removed from the St. Lucie River watershed

3321 through products generated on the permitted application site.

3322 This prohibition does not apply to Class AA biosolids that are

3323 marketed and distributed as fertilizer products in accordance

3324 with department rule.

3325 6. The Department of Health shall require all entities

3326 disposing of septage within the St. Lucie River watershed to

3327 develop and submit to that agency an agricultural use plan that

3328 limits applications based upon nutrient loading consistent with

3329 any basin management action plan adopted pursuant to s. 403.067.

3330 7. The Department of Agriculture and Consumer Services

3331 shall initiate rulemaking requiring entities within the St.

3332 Lucie River watershed which land-apply animal manure to develop

3333 a resource management system level conservation plan, according

3334 to United States Department of Agriculture criteria, which limit

3335 such application. Such rules shall include criteria and

3336 thresholds for the requirement to develop a conservation or

3337 nutrient management plan, requirements for plan approval, site

3338 inspection requirements, and recordkeeping requirements.

3339 8. The district shall initiate rulemaking to provide for a

3340 monitoring program for nonpoint source dischargers required to

3341 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.

3342 The results of such monitoring must be reported to the

3343 coordinating agencies.

3344 (e) River Watershed Protection Plan implementation.—The

3345 coordinating agencies shall be jointly responsible for

3346 implementing the River Watershed Protection Plans, consistent

3347 with the statutory authority and responsibility of each agency.

3348 Annual funding priorities shall be jointly established, and the

3349 highest priority shall be assigned to programs and projects that

3350 have the greatest potential for achieving the goals and

3351 objectives of the plans. In determining funding priorities, the

3352 coordinating agencies shall also consider the need for

3353 regulatory compliance, the extent to which the program or

3354 project is ready to proceed, and the availability of federal or

3355 local government matching funds. Federal and other nonstate

3356 funding shall be maximized to the greatest extent practicable.

3357 (f) Evaluation.—Beginning March 1, 2020, and every 5 years

3358 thereafter, concurrent with the updates of the basin management

3359 action plans adopted pursuant to s. 403.067, the department, in

3360 cooperation with the other coordinating agencies, shall conduct

3361 an evaluation of any pollutant load reduction goals, as well as

3362 any other specific objectives and goals, as stated in the River

3363 Watershed Protection Programs. The district shall identify

3364 modifications to facilities of the River Watershed Construction

3365 Projects, as appropriate, or any other elements of the River

3366 Watershed Protection Programs. The evaluation shall be included

3367 in the annual progress report submitted pursuant to this

3368 section.

3369 (g) Priorities and implementation schedules.—The

3370 coordinating agencies are authorized and directed to establish

3371 priorities and implementation schedules for the achievement of

3372 total maximum daily loads, the requirements of s. 403.067, and

3373 compliance with applicable water quality standards within the

3374 waters and watersheds subject to this section.

3375 (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY

3376 LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The

3377 department is directed to expedite development and adoption of

3378 total maximum daily loads for the Caloosahatchee River and

3379 estuary. The department is further directed to propose for final

3380 agency action total maximum daily loads for nutrients in the

3381 tidal portions of the Caloosahatchee River and estuary. The

3382 department shall initiate development of basin management action

3383 plans for Lake Okeechobee, the Caloosahatchee River watershed

3384 and estuary, and the St. Lucie River watershed and estuary as

3385 provided in s. 403.067 as follows:

3386 (a) Basin management action plans shall be developed as

3387 soon as practicable as determined necessary by the department to

3388 achieve the total maximum daily loads established for the Lake

3389 Okeechobee watershed and the estuaries.

3390 (b) The Phase II technical plan development pursuant to

3391 paragraph (3)(a), and the River Watershed Protection Plans

3392 developed pursuant to paragraphs (4)(a) and (c), shall provide

3393 the basis for basin management action plans developed by the

3394 department.

3395 (c) As determined necessary by the department to achieve

3396 the total maximum daily loads, additional or modified projects

3397 or programs that complement those in the legislatively ratified

3398 plans may be included during the development of the basin

3399 management action plan.

3400 (d) As provided in s. 403.067, management strategies and

3401 pollution reduction requirements set forth in a basin management

3402 action plan subject to permitting by the department under

3403 subsection (7) must be completed pursuant to the schedule set

3404 forth in the basin management action plan, as amended. The

3405 implementation schedule may extend beyond the 5-year permit

3406 term.

3407 (e) As provided in s. 403.067, management strategies and

3408 pollution reduction requirements set forth in a basin management

3409 action plan for a specific pollutant of concern are not subject

3410 to challenge under chapter 120 at the time they are

3411 incorporated, in an identical form, into a department or

3412 district issued permit or a permit modification issued in

3413 accordance with subsection (7).

3414 (6) ANNUAL PROGRESS REPORT.—Each March 1, the district, in

3415 cooperation with the other coordinating agencies, shall report

3416 on implementation of this section as part of the consolidated

3417 annual report required in s. 373.036(7). The annual report shall

3418 include a summary of the conditions of the hydrology, water

3419 quality, and aquatic habitat in the northern Everglades based on

3420 the results of the Research and Water Quality Monitoring

3421 Programs, the status of the Lake Okeechobee Watershed

3422 Construction Project, the status of the Caloosahatchee River

3423 Watershed Construction Project, and the status of the St. Lucie

3424 River Watershed Construction Project. In addition, the report

3425 shall contain an annual accounting of the expenditure of funds

3426 from the Save Our Everglades Trust Fund. At a minimum, the

3427 annual report shall provide detail by program and plan,

3428 including specific information concerning the amount and use of

3429 funds from federal, state, or local government sources. In

3430 detailing the use of these funds, the district shall indicate

3431 those designated to meet requirements for matching funds. The

3432 district shall prepare the report in cooperation with the other

3433 coordinating agencies and affected local governments. The

3434 department shall report on the status of the Lake Okeechobee

3435 Basin Management Action Plan, the Caloosahatchee River Watershed

3436 Basin Management Action Plan, and the St. Lucie River Watershed

3437 Basin Management Action Plan. The Department of Agriculture and

3438 Consumer Services shall report on the status of the

3439 implementation of the agricultural nonpoint source best

3440 management practices, including an implementation assurance

3441 report summarizing survey responses and response rates, site

3442 inspections, and other methods used to verify implementation of

3443 and compliance with best management practices in the Lake

3444 Okeechobee, Caloosahatchee River, and St. Lucie River

3445 watersheds.

3446 (7) LAKE OKEECHOBEE PROTECTION PERMITS.—

3447 (a) The Legislature finds that the Lake Okeechobee

3448 Watershed Protection Program will benefit Lake Okeechobee and

3449 downstream receiving waters and is in the public interest. The

3450 Lake Okeechobee Watershed Construction Project and structures

3451 discharging into or from Lake Okeechobee shall be constructed,

3452 operated, and maintained in accordance with this section.

3453 (b) Permits obtained pursuant to this section are in lieu

3454 of all other permits under this chapter or chapter 403, except

3455 those issued under s. 403.0885, if applicable. Additional

3456 permits are not required for the Lake Okeechobee Watershed

3457 Construction Project, or structures discharging into or from

3458 Lake Okeechobee, if such project or structures are permitted

3459 under this section. Construction activities related to

3460 implementation of the Lake Okeechobee Watershed Construction

3461 Project may be initiated before final agency action, or notice

3462 of intended agency action, on any permit from the department

3463 under this section.

3464 (c)1. Owners or operators of existing structures which

3465 discharge into or from Lake Okeechobee that were subject to

3466 Department Consent Orders 91-0694, 91-0705, 91-0706, 91-0707,

3467 and RT50-205564 and that are subject to s. 373.4592(4)(a) do not

3468 require a permit under this section and shall be governed by

3469 permits issued under ss. 373.413 and 373.416 and the Lake

3470 Okeechobee Basin Management Action Plan adopted pursuant to s.

3471 403.067.

3472 2. For the purposes of this paragraph, owners and operators

3473 of existing structures which are subject to s. 373.4592(4)(a)

3474 and which discharge into or from Lake Okeechobee shall be deemed

3475 in compliance with this paragraph if they are in full compliance

3476 with the conditions of permits under chapter 40E-63, Florida

3477 Administrative Code.

3478 3. By January 1, 2017, the district shall submit to the

3479 department a complete application for a permit modification to

3480 the Lake Okeechobee structure permits to incorporate proposed

3481 changes necessary to ensure that discharges through the

3482 structures covered by this permit are consistent with the basin

3483 management action plan adopted pursuant to s. 403.067.

3484 (d) The department shall require permits for district

3485 regional projects that are part of the Lake Okeechobee Watershed

3486 Construction Project. However, projects that qualify as exempt

3487 pursuant to s. 373.406 do not require permits under this

3488 section. Such permits shall be issued for a term of 5 years upon

3489 the demonstration of reasonable assurances that:

3490 1. District regional projects that are part of the Lake

3491 Okeechobee Watershed Construction Project shall achieve the

3492 design objectives for phosphorus required in subparagraph

3493 (3)(a)1.;

3494 2. For water quality standards other than phosphorus, the

3495 quality of water discharged from the facility is of equal or

3496 better quality than the inflows;

3497 3. Discharges from the facility do not pose a serious

3498 danger to public health, safety, or welfare; and

3499 4. Any impacts on wetlands or state-listed species

3500 resulting from implementation of that facility of the Lake

3501 Okeechobee Construction Project are minimized and mitigated, as

3502 appropriate.

3503 (e) At least 60 days before the expiration of any permit

3504 issued under this section, the permittee may apply for a renewal

3505 thereof for a period of 5 years.

3506 (f) Permits issued under this section may include any

3507 standard conditions provided by department rule which are

3508 appropriate and consistent with this section.

3509 (g) Permits issued under this section may be modified, as

3510 appropriate, upon review and approval by the department.

3511 (8) RESTRICTIONS ON WATER DIVERSIONS.—The South Florida

3512 Water Management District shall not divert waters to the St.

3513 Lucie River, the Indian River estuary, the Caloosahatchee River

3514 or its estuary, or the Everglades National Park, in such a way

3515 that the state water quality standards are violated, that the

3516 nutrients in such diverted waters adversely affect indigenous

3517 vegetation communities or wildlife, or that fresh waters

3518 diverted to the St. Lucie River or the Caloosahatchee or Indian

3519 River estuaries adversely affect the estuarine vegetation or

3520 wildlife, unless the receiving waters will biologically benefit

3521 by the diversion. However, diversion is permitted when an

3522 emergency is declared by the water management district, if the

3523 Secretary of Environmental Protection concurs.

3524 (9) PRESERVATION OF PROVISIONS RELATING TO THE EVERGLADES.

3525 Nothing in this section shall be construed to modify any

3526 provision of s. 373.4592.

3527 (10) RIGHTS OF SEMINOLE TRIBE OF FLORIDA.—Nothing in this

3528 section is intended to diminish or alter the governmental

3529 authority and powers of the Seminole Tribe of Florida, or

3530 diminish or alter the rights of that tribe, including, but not

3531 limited to, rights under the water rights compact among the

3532 Seminole Tribe of Florida, the state, and the South Florida

3533 Water Management District as enacted by Pub. L. No. 100-228, 101

3534 Stat. 1556, and chapter 87-292, Laws of Florida, and codified in

3535 s. 285.165, and rights under any other agreement between the

3536 Seminole Tribe of Florida and the state or its agencies. No land

3537 of the Seminole Tribe of Florida shall be used for water storage

3538 or stormwater treatment without the consent of the tribe.

3539 (11) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—Nothing

3540 in this section shall be construed to modify any existing state

3541 water quality standard or to modify the provisions of s.

3542 403.067(6) and (7)(a).

3543 (12) RULES.—The governing board of the district is

3544 authorized to adopt rules pursuant to ss. 120.536(1) and 120.54

3545 to implement the provisions of this section.

3546 (13) PRESERVATION OF AUTHORITY.—Nothing in this section

3547 shall be construed to restrict the authority otherwise granted

3548 to agencies pursuant to this chapter and chapter 403, and

3549 provisions of this section shall be deemed supplemental to the

3550 authority granted to agencies pursuant to this chapter and

3551 chapter 403.

3552 Section 38. For the purpose of incorporating the amendment

3553 made by this act to section 403.0872, Florida Statutes, in a

3554 reference thereto, section 403.0873, Florida Statutes, is

3555 reenacted to read:

3556 403.0873 Florida Air-Operation License Fee Account.—The

3557 “Florida Air-Operation License Fee Account” is established as a

3558 nonlapsing account within the Department of Environmental

3559 Protection’s Air Pollution Control Trust Fund. All license fees

3560 paid pursuant to s. 403.0872(11) shall be deposited in such

3561 account and must be used solely by the department and approved

3562 local programs under the advice and consent of the Legislature

3563 to pay the direct and indirect costs required to develop and

3564 administer the major stationary source air-operation permit

3565 program. Any approved local pollution control program that

3566 accepts funds from the department as reimbursement for services

3567 it performs in the implementation of the major source air

3568 operation permit program, receives delegation from the

3569 department or the United States Environmental Protection Agency

3570 for implementation of the major source air-operation permit

3571 program, or performs functions, duties, or activities

3572 substantially similar to or duplicative of the services

3573 performed by the department or the United States Environmental

3574 Protection Agency in the implementation of the major source air

3575 operation permit program is prohibited from collecting

3576 additional fees attributable to such services from any source

3577 permitted under s. 403.0872.

3578 Section 39. For the purpose of incorporating the amendment

3579 made by this act to section 403.1838, Florida Statutes, in a

3580 reference thereto, paragraph (d) of subsection (3) of section

3581 403.1835, Florida Statutes, is reenacted to read:

3582 403.1835 Water pollution control financial assistance.—

3583 (3) The department may provide financial assistance through

3584 any program authorized under 33 U.S.C. s. 1383, as amended,

3585 including, but not limited to, making grants and loans,

3586 providing loan guarantees, purchasing loan insurance or other

3587 credit enhancements, and buying or refinancing local debt. This

3588 financial assistance must be administered in accordance with

3589 this section and applicable federal authorities.

3590 (d) The department may make grants to financially

3591 disadvantaged small communities, as defined in s. 403.1838,

3592 using funds made available from grant allocations on loans

3593 authorized under subsection (4). The grants must be administered

3594 in accordance with s. 403.1838.

3595 Section 40. This act shall take effect July 1, 2026.