CHAPTER 369 PART IV SPRINGS PROTECTION. Be It Enacted by the Legislature of the State of Florida. Section 1: Part IV of chapter 369, Florida Statutes,

Transcription

1 CHAPTER 369 PART IV SPRINGS PROTECTION Be It Enacted by the Legislature of the State of Florida. Section 1: Part IV of chapter 369, Florida Statutes, consisting of sections , , , , , , , , , , , , , and is created to read: Short title.--this part may be cited as the Florida Springs and Aquifer Protection Act Legislative findings and intent.-- (1) Florida s springs are a unique part of Florida s scenic beauty, deserving the highest level of protection under Article II, Section 7 of the Constitution. The springs provide critical habitat for plants and animals, including many endangered or threatened species. They also provide immeasurable natural, recreational, economic, and inherent value. Flow and water quality at springs are indicators of local conditions in the Floridan Aquifer that provides the drinking water for many Floridians. They are of great scientific importance in understanding the functioning of aquatic ecosystems. In 1

2 addition, Florida s springs provide recreational opportunities for swimmers, canoeists, wildlife watchers, cave divers, and others. Because of the recreational opportunities and accompanying tourism, many of the state s springs greatly benefit state and local economies. (2) The Legislature recognizes that a spring is only as healthy as its springshed. The groundwater that supplies springs is derived from rainfall that recharges the aquifer system in the form of seepage from the land surface and through direct conduits such as sinkholes and can be adversely affected by polluted runoff from urban and agricultural lands and discharges resulting from poor wastewater management practices. As a result, the hydrologic and environmental condition of a spring or spring run is directly influenced by activities and land uses within the springshed and water withdrawals from the Floridan Aquifer. (3)The Legislature recognizes that Florida s springs, whether found in urban or rural settings, or on public or private lands, are threatened by actual, or potential, flow reductions and declining water quality. Many of Florida s springs show signs of significant ecological imbalance, increased nutrient loading, and lowered water flow. Without 2

3 effective remedial action further declines in water quality and quantity can be expected. (4)The Legislature recognizes that Florida s standards regulating nutrient concentrations in ground water, including minimum criteria, need to protect both human health and the complex biological and ecological systems that contribute to the integrity of Florida s springs. (5)The Legislature recognizes that springshed boundaries and areas of high vulnerability within the springshed need to be identified, delineated, and characterized using the best available data. (6)The Legislature recognizes that because springsheds cross local government jurisdictional boundaries, a coordinated statewide springs protection plan is needed. (7) The Legislature recognizes that Florida s aquifers and springs are a complex system, with many variables and influences, and that some scientific uncertainty may often exist regarding their present states and what actions are needed to ensure their recovery and health, and the health and vitality of the springs ecosystems they support. The Legislature intends that in implementing this act the department and the water management districts shall take a precautionary approach to springs protection. Where there is the possibility of significant or irreversible harm, lack of full scientific 3

4 certainty shall not be used as a reason for postponing common sense measures required to be taken to protect the springs under this act. (8)It is the intent of the Legislature that state agencies and Water Management Districts work together with local governments to provide the data necessary to delineate spring sheds and protection zones, and to develop comprehensive plans and land development regulations that protect Florida s springs for future generations. The Legislature recognizes that sufficient information presently exists to act; urgent action is needed; and action can be continually modified as additional data is acquired Definitions.-- As used in this part: (1) Baseline Flow Regime means the pattern of flow variability for a spring or cluster of springs as determined for a period of record prior to (2) Department refers to the Florida Department of Environmental Protection which includes the Florida Geological Survey. (3) Local comprehensive plan means a comprehensive plan adopted pursuant to ss (4) Local government means a local government the jurisdictional boundaries of which include an Outstanding Florida Spring, or any part of a delineated springshed and 4

5 spring protection zone for an Outstanding Florida Spring as established under s (5) Outstanding Florida Spring includes the following springs: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) Alexander Spring Chassahowitzka Springs Group DeLeon Spring Fanning Springs Ginnie Springs Group, including Devil s Ear Spring Homossassa Springs Group Ichetucknee Springs group Jackson Blue Spring Madison Blue Spring Manatee Springs Peacock Spring Rainbow Springs Group Rock Spring Silver Springs Group Silver Glen Spring Troy Spring Volusia Blue Spring Wacissa River Springs Group Wakulla Spring Weekiwachi Spring 5

6 (u) Wekiwa Spring (6) Spring protection zone means the areas of the springshed where the Floridan aquifer is vulnerable to surface sources of contamination as determined by the Florida Aquifer Vulnerability Assessment. (7) Spring means a point where groundwater is discharged onto the earth s surface, including under any surface water of the state, excluding seeps. The term includes a spring run. (8) Spring run means a body of flowing water that originates from a spring or whose primary source of water is from a spring or springs under average rainfall conditions. (9) Springshed means those areas within the groundwater and surface water basins which have historically contributed to the discharge of a spring as defined by potentiometric surface maps and surface watershed boundaries Delineation of springsheds and protection zones.-- (1) Each water management district, in cooperation with the Florida Geological Survey and other authorities, shall delineate springsheds and spring protection zones for each Outstanding Florida Spring within its jurisdiction, using the best data available from the water management district, the Florida Geological Survey, and other credible sources. 6

7 (2) The delineation of springsheds and spring protection zones shall be completed no later than July 1, 2015, unless a water management district provides sufficient and appropriate evidence to the Department that unusual or exigent circumstances exist so as to justify extending such deadline for up to one year. (3) Each water management district shall adopt by rule, pursuant to ss (1) and , maps that delineate the springsheds and spring protection zones for the Outstanding Florida Springs within its jurisdiction Protection of Water Quantity and Consideration of Water Quality. (1) Each water management district and the Department shall estimate the Baseline Flow Regime for each Outstanding Florida Spring based on the best available data or through correlation analysis utilizing other hydrological data including rainfall, downstream stream flows, and nearby springs. (2) The governing board of each water management district shall by rule reserve sufficient water from use by all new or renewal permit applicants to maintain or restore the historical Baseline Flow Regime of the Outstanding Florida Springs within its jurisdiction, pursuant to s (4). 7

8 (3) Each water management district shall adopt the reservations described in paragraph (2) by July 1, (4) Unless an applicant shows exigent or highly unusual circumstances evidencing a need for granting such application, the water management districts shall not grant any new consumptive use permit for water from the Floridan Aquifer which will reduce the amount of water reserved to a spring pursuant to paragraph (2) or which will further impair, either through a reduction in flow or through the intended use, an Outstanding Florida Spring that is listed as impaired by nutrients pursuant to The water management districts shall promulgate rules regulating issuance of new or renewal permits in order to meet the objective of subsection (5) below. (5) Where sufficient water is not available to restore a spring s Baseline Flow Regime under a reservation described in paragraph (2), the water management district as part of the regional water supply plan described in s , shall implement a recovery plan designed to restore the historical Baseline Flow Regime within a period not to exceed ten years. In addition, the water management district shall declare a water shortage pursuant to s , which shall remain in effect until the Baseline Flow Regime is restored Protection of Water Quality. 8

9 (1) The Department shall assess all Outstanding Florida Springs which have not previously been determined to be impaired under the numeric nutrient standards in effect for springs vents no later than July 1, (2) Each county and municipal government located in part or fully within a springshed of an Outstanding Florida Spring that is listed as impaired by nutrients pursuant to , shall at a minimum, adopt the Department s Model Ordinance for Florida- Friendly Fertilizer Use on Urban Landscapes. In addition, the local government s ordinance shall provide that within the springshed, the nitrogen content of any fertilizer applied to turf or landscape plants must contain at least 50% slow release nitrogen per guaranteed analysis label and that annual application rates of total nitrogen not exceed the lowest (basic maintenance) rate recommended by the Institute of Food and Agricultural Sciences as of August The Department shall promulgate rules to implement this subsection, increase standards, set reasonable maximum standards that county and municipal governments may impose, and take advantage of advancements or improvements regarding best management practices. (3) In establishing and implementing the total maximum daily loads of nutrients for springs determined to be nutrient 9

10 impaired, the Department shall develop a basin action management plan, as specified in s (7), that includes detailed allocation of the pollutant load to each identified point source or category of nonpoint sources, including but not limited to agricultural fertilizer, septic tanks, animal wastes, waste water treatment facilities, and residential lawn fertilizer. The basin management action plan developed shall utilize the springshed and protection zone delineations established pursuant to s (4) The Department shall develop basin management action plans for all impaired Outstanding Florida Springs not later than July 1, Basin management action plans completed prior to the effective date shall be revised to be consistent with the requirements of this section not later than July 1, (5) All agricultural producers located in part or fully within a springshed of an Outstanding Florida Spring that is listed as impaired by nutrients pursuant to , must implement the appropriate best management practices established by the Department of Agricultural and Consumer Services pursuant to s (7)(c). The Department and the Department of Agricultural and Consumer Services shall cooperate in developing rules issued by the Department to implement the provisions of 10

11 this subsection, including the method of reimbursement of agricultural producers subject to this section. (6) As part of the basin management action plan, all waste water treatment facilities within the spring protection zone shall be required to meet a standard of no more than 3 mg/l Total Nitrogen, as expressed as N, on an annual basis, no later than July 1, (7) As part of the basin action management plan, all property with onsite sewage treatment and disposal systems located within the spring protection zone on lots of less than one acre shall be required to be connected to any presently existing lines of a central waste water treatment facility on or before July 1, 2016, at no cost to residential property owners. All other properties with onsite sewage treatment and disposal systems within a spring protection zone and within feet of a spring, lake, or river shall be either connected to a central waste water treatment facility or upgraded to meet a standard of no more than 10 mg/l Total Nitrogen, on or before July 1, 2019, at no cost to residential property owners. All onsite sewage treatment and disposal systems on lots of between 1 and 5 acres within a spring protection zone and within feet of a spring, lake, or river shall be upgraded to meet a standard of no more than 10 mg/l Total Nitrogen, expressed as N, on annual basis, 11

12 no later than July 1, 2019, at no cost to residential property owners. The Department shall promulgate rules to further reduce the nutrient limits provided for herein if it determines that advancements (such as technological developments) justify such additional reductions. (8) In order to effectuate, implement, and satisfy the requirements of subsections (5), (6) and (7), the following reimbursement program shall be created and administered by the Department: (a) Any agricultural producer that actually implements the best management practices required by subsection (5) shall, upon application and proof of implementation to the Department, be entitled to a rebate from the Department in an amount equal to the lesser of (i) the actual cost of implementing such best management practices, or (ii) the amount of $ per acre upon which such practices were actually implemented. The agricultural producer shall, in such application, certify that such best management practices have been actually implemented. (b) Any local government or utility subject to the requirements of subsection (6) shall file with the Department for approval a corrective action plan on or before July 1, Upon a showing to the Department of inordinate expense or other exigent circumstances, a local government or utility may obtain 12

13 an extension by the Department of up to two years to fully comply with the provisions of subsection (6). (c) Any local government or utility subject to subsection (7) shall be entitled, upon application to the Department, to a reimbursement from the Department of the lesser of (i) the actual cost of any hookup, or (ii) the maximum amount reimburseable to such local government or utility pursuant to subsection (9). Any property owner whose property is subject to subsection (7) may apply to the applicable local government, which shall administer and pay for the cost of such hookup. The local government shall be partially or fully reimbursed by the Department by recovery pursuant to subsection (9). (9) Any local government or utility that has incurred and properly substantiated to the Department its expenses pursuant to subsections (6) or (7) shall be entitled to reimbursement from the Department equal to the lesser of (i) a pro rata percentage of the total approved local government reimbursement request applications based upon the amount appropriated annually each year by the Legislature as set forth in subsection (10), or (ii) the total actual cost of such programs. (10) The reimbursements to local governments and utilities as provided for herein shall be made from the tax collected pursuant to [DOC STAMP STATUTE], not to exceed the total 13

14 appropriated each year by the Legislature, which shall be at a minimum % of the total revenues collected pursuant to [DOC STAMP STATUTE] Protection of Biodiversity.-- (1) The Fish and Wildlife Commission is directed to determine which aquatic species that inhabit Florida s springs and related karst habitats, including submerged caves, are endangered or threatened as defined by s (3), and to develop a plan for the management and conservation of these species pursuant to s (5) not later than July 1, (2) All lands in the Florida park system and wilderness areas that contain an Outstanding Florida Spring shall be managed so as to protect, maintain, or restore the habitat and biodiversity of the ecosystems of the spring, including the abundance and diversity of plants, macroinvertebrates and vertebrates. In particular, long-term protection shall be provided for endangered or threatened species designated G-1 or G-2 by the Florida Natural Areas Inventory as part of each such park s management plan. (3) The Office of Park Planning, in conjunction with the Fish and Wildlife Commission, shall revise all state park unit 14

15 management plans to reflect the requirements of this section not later than July 1, Review and amendment of local comprehensive plans to protect spring water quantity and quality. (1) Within one year after a water management district adopts, by final rule, a delineation of a springshed and spring protection zone as required under s , each local government as defined in s shall review its local comprehensive plan and recommend amendments to the comprehensive plan to ensure that it contains goals, objectives, and policies that result in the protection of the quantity and quality of water discharged from any Outstanding Florida Spring whose springshed is located wholly or partly within the jurisdiction of the local government. (2) Within one year of the completion of the review specified in s (1), each local government shall consider the recommended amendments and adopt measures, including a master stormwater management plan, to protect groundwater recharge capability and quality within the springshed. (3) Within one year of the completion of the basin management action plan required under s (4), each local 15

16 government shall consider the requirements of the plan and adopt those measures required to be consistent with the plan. (4) As part of the basin management action plan, local governments may develop either common regional entities or coordinated and consistently structured local entities to address wastewater management in all or part of the springshed, including responsible nutrient management entities to manage advanced or performance-based onsite sewage treatment systems. zone Prohibited activities within the spring protection (1) The following activities shall be prohibited within the spring protection zone: (a) New municipal and industrial waste water disposal systems, including rapid infiltration basins, except those systems that meet an advanced waste water treatment standard of no more than 3 mg/l Total Nitrogen, expressed as N, on an annual permitted basis; (b) New onsite sewage treatment and disposal systems, except systems located on lots of more than 5 acres, or which are located on lots of between 1 and 5 acres and meet a waste water treatment standard of 16

17 no more than 10 mg/l Total Nitrogen, expressed as N, on an annual basis; (c) New facilities for the transfer, storage, or disposal of hazardous waste. (2) Each local government shall ensure that its comprehensive plan reflects these prohibitions and is implemented through passage of a local ordinance. Section 2. Section (7)(a), Florida Statutes is amended to read: (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. (a) Basin management action plans. 1. In developing and implementing the total maximum daily load for a water body, the department, or the department in conjunction with a water management district, if not otherwise required to do so under applicable law, may develop a basin management action plan that addresses some or all of the watersheds and basins tributary to the water body. Such a plan must integrate the appropriate management strategies available to the state through existing water quality, water quantity, comprehensive planning and other protection programs to achieve 17

18 the total maximum daily loads and may provide for phased implementation of these management strategies to promote timely, cost-effective actions as provided for in s The plan must establish a schedule for implementing the management strategies, establish a basis for evaluating the plan s effectiveness, and identify feasible funding strategies for implementing the plan s management strategies. The management strategies may include regional treatment systems or other public works, where appropriate, and, in the basin listed in subsection (10) for which a basin management action plan has been adopted, voluntary trading of water quality credits to achieve the needed pollutant load reductions. 2. A basin management action plan must equitably allocate, pursuant to paragraph (6)(b), pollutant reductions to individual basins, as a whole to all basins, or to each identified point source or category of nonpoint sources, as appropriate. Where the water body is a spring, the plan must allocate pollutant reductions including loads to groundwater, to each identified point source or category of nonpoint sources within the springshed delineated pursuant to s For nonpoint sources for which best management practices have been adopted, the initial requirement specified by the plan must be those practices developed pursuant to paragraph (c). Where appropriate, the plan may take into account the benefits of 18

19 pollutant load reduction achieved by point or nonpoint sources that have implemented management strategies to reduce pollutant loads, including best management practices, prior to the development of the basin management action plan. The plan must also identify the mechanisms that will address prevent potential future increases in pollutant loading. 3. The basin management action planning process is intended to involve the broadest possible range of interested parties, with the objective of encouraging the greatest amount of cooperation and consensus possible. In developing a basin management action plan, the department shall assure that key stakeholders, including, but not limited to, applicable local governments, water management districts, the Department of Agriculture and Consumer Services, other appropriate state agencies, local soil and water conservation districts, environmental groups, regulated interests, and affected pollution sources, are invited to participate in the process. The department shall hold at least one public meeting in the vicinity of the watershed or basin to discuss and receive comments during the planning process and shall otherwise encourage public participation to the greatest practicable extent. Notice of the public meeting must be published in a newspaper of general circulation in each county in which the watershed or basin lies not less than 5 days nor more than 15 days before the public meeting. A basin 19

20 management action plan shall not supplant or otherwise alter any assessment made under subsection (3) or subsection (4) or any calculation or initial allocation. 4. The department shall adopt all or any part of a basin management action plan and any amendment to such plan by secretarial order pursuant to chapter 120 to implement the provisions of this section. 5. The basin management action plan must include milestones for implementation and water quality improvement, and an associated water quality monitoring component sufficient to evaluate whether reasonable progress in pollutant load reductions is being achieved over time. An assessment of progress toward these milestones shall be conducted every 5 years, and revisions to the plan shall be made as appropriate. Revisions to the basin management action plan shall be made by the department in cooperation with basin stakeholders. Revisions to the management strategies required for nonpoint sources must follow the procedures set forth in subparagraph (c)4. Revised basin management action plans must be adopted pursuant to subparagraph In accordance with procedures adopted by rule under paragraph (9)(c), basin management action plans may allow point or nonpoint sources that will achieve greater pollutant reductions than required by an adopted total maximum load or wasteload 20

21 allocation to generate, register, and trade water quality credits for the excess reductions to enable other sources to achieve their allocation; however, the generation of water quality credits does not remove the obligation of a source or activity to meet applicable technology requirements or adopted best management practices. Such plans must allow trading between NPDES permittees, and trading that may or may not involve NPDES permittees, where the generation or use of the credits involve an entity or activity not subject to department water discharge permits whose owner voluntarily elects to obtain department authorization for the generation and sale of credits. 7. The provisions of the department s rule relating to the equitable abatement of pollutants into surface waters shall not be applied to water bodies or water body segments for which a basin management plan that takes into account future new or expanded activities or discharges has been adopted under this section. add: Section 3. Section , Florida Statutes, is amended, to (7) RESPONSIBLE NUTRIENT MANAGEMENT ENTITIES.-- (a) Effective July 1, 2014, each municipal, county or appointed regional entity shall have the right to establish a responsible 21

22 nutrient management entity for prevention, control, and abatement of nutrient pollution caused by sewage waste and effluent from onsite sewage and disposal systems. Responsible nutrient management entities shall have the authority to implement regulations, maintenance, and planning in coordination with the Department and coordinated planning for nutrient reductions with other local wastewater service providers. This authority may include but is not limited to: permitting, development of system performance standards, development of standards for construction, operation, and inspections and maintenance programs of onsite sewage treatment and disposal systems and coordinated planning for nutrient reductions with other local wastewater service providers. (b) The establishment of responsible nutrient management entities must be approved by the Department. The Department shall ensure that responsible nutrient management entities are are least as restrictive as state law. (r) Responsible nutrient management entity means a legal entity established to be responsible for providing localized nutrient management services with the requisite managerial, financial, and technical capacity to ensure long term management of onsite sewage treatment and disposal systems. 22

23 Section 4. This act shall take effect July 1,