Central Florida Water Initiative Northern Everglades and Estuaries Springs Water Quality, Supply and Planning

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1 Roger Sims, Holland & Knight Ernie Barnett, Water and Land Advisors, INC. Rich Budell, Budell Water Group, LLC FAWQC Webinar May 20, 2016 Central Florida Water Initiative Northern Everglades and Estuaries Springs Water Quality, Supply and Planning 1

2 It directs the DEP, the SFWMD, the SWFWMD, the SJRWMD, and the Department of Agriculture and Consumer Services (DACS) to: Continue the collaborative process; Build on the guiding principles and goals Develop and implement a single multidistrict regional water supply plan, including: recovery or prevention strategies a list of water resource or supply development projects; Provide for a single hydrologic planning model Water and Land Advisors The amendment directs the DEP, in consultation with the SFWMD, the SWFWMD, the SJRWMD, and the DACS to adopt uniform rules for the CFWI Area that include: A single, uniform definition of harmful to the water resources A single method for calculating residential per capita water use; A single process for permit reviews; A single, consistent process, to set MFLs and water reservations; A goal for residential per capita water use for each consumptive use permit; and An annual conservation goal for each Consumptive Use Permit (CUP) consistent with the regional water supply plan. Water and Land Advisors 2

3 2000 Lake Okeechobee Protection Program (s F.S.) 2007 Northern Everglades & Estuaries Protection Program (s F.S.) Legislative approval of a series of Plans to improve water quality and hydrology FDACS charged with developing and adopting agricultural Best Management Practices (BMPs). Approved Basin Management Action Plans: Caloosahatchee Estuary Basin St. Lucie River and Estuary Lake Okeechobee Water and Land Advisors Revises the law related to permitting in the Northern Everglades by making those statutes consistent with current law elsewhere in the state regulating water quality The bill designates Basin Management Action Plans or BMAPS as the pollutant control programs for Florida s Springs and the Northern Everglades watersheds. The BMAPS include enforceable Best Management Practices (BMPs) that are integrated into the overall strategy to meet water quality standards. Water and Land Advisors 3

4 Requires an owner or operator of an agricultural nonpoint source who chooses to conduct monitoring instead of implementing BMPs to demonstrate compliance with WQS addressed by the Lake Okeechobee BMAP rather than demonstrating compliance with the SFWMD s WOD program. Requires reevaluation of BMPs to be conducted where water quality problems are detected for agricultural nonpoint sources or nonagricultural nonpoint sources despite the appropriate implementation of adopted BMPs. Water and Land Advisors Defines Outstanding Florida Spring to include all historic first magnitude springs, including their associated spring runs, as well as De Leon, Peacock, Poe, Rock, Wekiwa, and Gemini Springs, and excludes submarine springs and river rises. Defines Priority focus area as the area(s) where the Floridan aquifer is most vulnerable to pollutant inputs and where there is a known connectivity between groundwater pathways and an OFS. 8 4

5 Requires DEP, in coordination with the WMDs, to delineate priority focus areas for each OFS that is identified as impaired. For OFS, requires DEP to adopt uniform rules for issuing permits and a uniform definition of harmful to the water resources for the purpose of issuing CUPs. 9 Where an MFL has not been adopted for an OFS, all WMDs, except the NWFWMD, must adopt an MFL for that OFS by July 1, The NWFWMD has until July 1, 2026, to adopt MFLs for its OFS. Recovery and Prevention Strategies for OFS must also be developed concurrently. 10 5

6 Requires DEP, by July 1, 2016, to begin a water quality assessment for each OFS for which an impairment determination has not been made, and to complete each assessment by July 1, Requires DEP to initiate development of a BMAP concurrently with the adoption of a TMDL for an OFS. Requires a BMAP for an OFS to be adopted within 2 years after initiation. Requires DEP to revise, by July 1, 2018, a BMAP that was adopted before July 1, 2016, which addresses an OFS. 11 Requires local governments, whose jurisdictional boundaries include an OFS or any part of a springshed or priority focus area of an OFS, to implement a fertilizer ordinance pursuant to the Model Ordinance for Florida-Friendly Fertilizer statute, by July 1,

7 Requires DEP, DOH, local governments, and wastewater utilities to develop a septic tank remediation plan if septic tanks within a priority focus area of an OFS contribute to at least 20% of nonpoint source pollution or that remediation is necessary to achieve the TMDL. Plan must be completed and adopted as part of the requisite BMAP by the first 5-year milestone requirement. 13 Prohibits the following activities within a priority focus area of an OFS: New domestic wastewater disposal facilities, including rapid infiltration basins, with permitted capacities of 100,000 gpd or more, except those that meet advanced wastewater treatment standards; New septic systems on lots less than 1 acre, if it conflicts with an OSTDS remediation plan incorporated in a BMAP; New hazardous waste disposal facilities; Land application of Class A or Class B domestic biosolids, unless in accordance with a DEP approved nutrient management plan; and New agricultural operations that do not implement BMPs, measures to achieve pollution reduction levels, or groundwater monitoring plans. 14 7

8 Requires the water resource development component of the RWSP to: Include a list of water resource development projects that support water supply development for all existing and future reasonable-beneficial uses. Include for each listed project an estimate of the amount of water to become available. 15 Requires a WMD to notify DEP if an application for a CUP is denied based on the impact it will have on an MFL, and directs DEP and the WMD to immediately initiate an update of the RWSP if necessary. 16 8

9 Requires the WMDs to include in their consolidated annual reports information on all projects related to water quality or quantity as part of a 5-year work program. 17 Revises the 5-year water resource development work program, to require WMDs to include an annual funding plan for each of the five years for the water resource and water supply development components of each approved RWSP. Requires the annual funding plan to identify anticipated WMD funding and additional funding needs. Requires the work program to provide an assessment of the RWSPs in supporting the implementation of MFLs and water reservations, and ensure sufficient water is available for all users. 18 9

10 Alternative Water Supply (AWS) Development Allows self-suppliers to receive technical and financial assistance from a WMD for AWS projects. Authorizes the WMDs to waive the 60% cost-share requirement to receive funding under the Water Protection and Sustainability Program (WPSP) if the project is sponsored by water users, in the public interest, and not otherwise financially feasible. 19 Pilot Program for AWS Development Authorizes the SWFWMD, SFWMD, and SJRWMD to each designate and implement an existing AWS project in their RWSP as the WMD s one pilot project, or amend its RWSP to add a new project. The SWFWMD, SFWMD, and SJRWMD are authorized to provide up to 50% of funding assistance for the pilot project

11 Exempts rules adopting Minimum Flows and Levels (MFLs) from the legislative ratification requirement. Requires DEP or WMD to adopt recovery or prevention strategies concurrent with the adoption of an MFL. 21 Requires a WMD to notify DEP when an application for a Consumptive Use Permit (CUP) is denied based upon the impact that the use will have on an adopted MFL. Requires each CUP that authorizes withdrawals of 100,000 gallons per day (gpd) or more from a well 8 inches in diameter or greater to be monitored for water usage by the permit holder and reported to the WMD at least annually

12 Water Conservation Provides incentives for permittees to implement water conservation measures by not allowing a CUP to be modified solely due to a reduction in usage resulting from such water conservation practices. For CUPs issued for agricultural irrigation, if water use is less than permitted use due certain factors, a WMD cannot reduce the allocation amount during the term of the permit. 23 Requires WMDs to consider the identification of preferred water supply sources for those users where access to or development of new water supplies is not technically or financially feasible. Provides that if two or more competing applications qualify equally, and are not renewal applications, then preference must be given to the use nearest the source

13 Requires that, by January 1, 2017 rule-making be initiated for: DEP verify implementation of water quality monitoring where land owner chooses not to implement BMPs; DEP verify implementation of nonagricultural BMPs; and DACS verify implementation of agricultural BMPs. 25 Establishes pilot project program authorizing DEP to fund pilot projects to test the effectiveness of nutrient reduction or water conservation technologies, programs, or practices designed to minimize nutrient pollution or restore flows in waterbodies