HB 585 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Caloosahatchee River watershed; 2
amending s. 373.4595, F.S.; removing a requirement for 3
entities disposing of septage within the 4
Caloosahatchee River watershed to develop and submit a 5
specified agricultural use plan to the Department of 6
Health; prohibiting the land application of septage 7
from onsite sewage treatment and disposal systems 8
within the Caloosahatchee River watershed; directing 9
the Department of Environmental Protection to adopt an 10
updated Caloosahatchee estuary basin management action 11
plan by a specified date; providing plan requirements; 12
prohibiting specified activities within the 13
Caloosahatchee River watershed; providing an effective 14
date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Paragraph (b) of subsection (4) of section 19
373.4595, Florida Statutes, is amended to read: 20
373.4595 Northern Everglades and Estuaries Protection 21
Program.— 22
(4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND 23
ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM. —A protection 24
program shall be developed and implemented as specified in this 25
HB 585 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subsection. To protect and restore surface water resources, the 26
program shall address the reduction of pollutant loadings, 27
restoration of natural hydrology, and compliance with applicable 28
state water quality standards. The program shall be achieved 29
through a phased program of implementation. In addition, 30
pollutant load reductions based upon adopted total maximum daily 31
loads established in accordance with s. 403.067 shall serve as a 32
program objective. In the development and administration of the 33
program, the coordinating agencies shall maximize opportunities 34
provided by federal and local gove rnment cost-sharing programs 35
and opportunities for partnerships with the private sector and 36
local government. The program shall include a goal for salinity 37
envelopes and freshwater inflow targets for the estuaries based 38
upon existing research and documenta tion. The goal may be 39
revised as new information is available. This goal shall seek to 40
reduce the frequency and duration of undesirable salinity ranges 41
while meeting the other water -related needs of the region, 42
including water supply and flood protection, while recognizing 43
the extent to which water inflows are within the control and 44
jurisdiction of the district. 45
(b) Caloosahatchee River Watershed Basin Management Action 46
Plans.—The basin management action plans adopted pursuant to s. 47
403.067 for the Caloos ahatchee River watershed shall be the 48
Caloosahatchee River Watershed Pollutant Control Program. The 49
plans shall be designed to be a multifaceted approach to 50
HB 585 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
reducing pollutant loads by improving the management of 51
pollutant sources within the Caloosahatchee River watershed 52
through implementation of regulations and best management 53
practices, development and implementation of improved best 54
management practices, improvement and restoration of the 55
hydrologic function of natural and managed systems, and 56
utilization of alternative technologies for pollutant reduction, 57
such as cost-effective biologically based, hybrid 58
wetland/chemical and other innovative nutrient control 59
technologies. As provided in s. 403.067(7)(a)6., the 60
Caloosahatchee River watershed basin manag ement action plans 61
must include milestones for implementation and water quality 62
improvement, and an associated water quality monitoring 63
component sufficient to evaluate whether reasonable progress in 64
pollutant load reductions is being achieved over time. A n 65
assessment of progress toward these milestones shall be 66
conducted every 5 years and shall be provided to the Governor, 67
the President of the Senate, and the Speaker of the House of 68
Representatives. Revisions to the plans shall be made, as 69
appropriate, as a result of each 5-year review. Revisions to the 70
basin management action plans shall be made by the department in 71
cooperation with the basin stakeholders. Revisions to best 72
management practices or other measures must follow the 73
procedures set forth in s. 4 03.067(7)(c)4. Revised basin 74
management action plans must be adopted pursuant to s. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
403.067(7)(a)5. The department shall develop an implementation 76
schedule establishing 5 -year, 10-year, and 15-year measurable 77
milestones and targets to achieve the total max imum daily load 78
no more than 20 years after adoption of the plan. The initial 79
implementation schedule shall be used to provide guidance for 80
planning and funding purposes and is exempt from chapter 120. 81
Upon the first 5-year review, the implementation sched ule shall 82
be adopted as part of the plans. If achieving the total maximum 83
daily load within 20 years is not practicable, the 84
implementation schedule must contain an explanation of the 85
constraints that prevent achievement of the total maximum daily 86
load within 20 years, an estimate of the time needed to achieve 87
the total maximum daily load, and additional 5 -year measurable 88
milestones, as necessary. The coordinating agencies shall 89
facilitate the use of federal programs that offer opportunities 90
for water quality treatment, including preservation, 91
restoration, or creation of wetlands on agricultural lands. 92
1. Nonpoint source best management practices consistent 93
with s. 403.067, designed to achieve the objectives of the 94
Caloosahatchee River Watershed Protection Program, shall be 95
implemented on an expedited basis. The coordinating agencies may 96
develop an intergovernmental agreement with local governments to 97
implement the nonagricultural, nonpoint source best management 98
practices within their respective geographic boundaries. 99
2. This subsection does not preclude the department or the 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
district from requiring compliance with water quality standards, 101
adopted total maximum daily loads, or current best management 102
practices requirements set forth in any applicable regu latory 103
program authorized by law for the purpose of protecting water 104
quality. This subsection applies only to the extent that it does 105
not conflict with any rules adopted by the department or 106
district which are necessary to maintain a federally delegated 107
or approved program. 108
3. Projects that make use of private lands, or lands held 109
in trust for Indian tribes, to reduce pollutant loadings or 110
concentrations within a basin, or that reduce the volume of 111
harmful discharges by one or more of the following method s: 112
restoring the natural hydrology of the basin, restoring wildlife 113
habitat or impacted wetlands, reducing peak flows after storm 114
events, or increasing aquifer recharge, are eligible for grants 115
available under this section from the coordinating agencies. 116
4. The Caloosahatchee River watershed basin management 117
action plans shall require assessment of current water 118
management practices within the watershed and shall require 119
development of recommendations for structural, nonstructural, 120
and operational improve ments. Such recommendations shall 121
consider and balance water supply, flood control, estuarine 122
salinity, aquatic habitat, and water quality considerations. 123
5. The department may not authorize the disposal of 124
domestic wastewater biosolids within the Caloos ahatchee River 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
watershed unless the applicant can affirmatively demonstrate 126
that the nutrients in the biosolids will not add to nutrient 127
loadings in the watershed. This demonstration shall be based on 128
achieving a net balance between nutrient imports relati ve to 129
exports on the permitted application site. Exports shall include 130
only nutrients removed from the watershed through products 131
generated on the permitted application site. This prohibition 132
does not apply to Class AA biosolids that are marketed and 133
distributed as fertilizer products in accordance with department 134
rule. 135
6. The land application of septage from onsite sewage 136
treatment and disposal systems within the Caloosahatchee River 137
watershed is prohibited pursuant to s. 381.0065(6) The 138
Department of Health shall require all entities disposing of 139
septage within the Caloosahatchee River watershed to develop and 140
submit to that agency an agricultural use plan that limits 141
applications based upon nutrient loading consistent with any 142
basin management action pl an adopted pursuant to s. 403.067 . 143
7. The Department of Agriculture and Consumer Services 144
shall require entities within the Caloosahatchee River watershed 145
which land-apply animal manure to develop a resource management 146
system level conservation plan, acc ording to United States 147
Department of Agriculture criteria, which limit such 148
application. Such rules shall include criteria and thresholds 149
for the requirement to develop a conservation or nutrient 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
management plan, requirements for plan approval, site inspe ction 151
requirements, and recordkeeping requirements. 152
8. The district shall initiate rulemaking to provide for a 153
monitoring program for nonpoint source dischargers required to 154
monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3. 155
The results of such monitoring must be reported to the 156
coordinating agencies. 157
9. By December 31, 2022, the department shall adopt an 158
updated Caloosahatchee estuary basin management action plan 159
that, at a minimum, includes the following elements: 160
a. A wastewater treatment plan that meets the requirements 161
of s. 403.067(7)(a)9.a. and requires an implementation schedule 162
to achieve the nutrient load reductions necessary to meet the 163
Caloosahatchee River watershed total maximum daily load 164
requirements for domestic waste water treatment facilities by 165
December 31, 2027. 166
b. An onsite sewage treatment and disposal system 167
remediation plan that meets the requirements of s. 168
403.067(7)(a)9.b. and requires an implementation schedule to 169
achieve the nutrient load reductions necess ary to meet the 170
Caloosahatchee River watershed total maximum daily load 171
reductions for onsite sewage treatment and disposal system 172
sources by December 31, 2027. 173
c. A municipal storm sewer system remediation plan that 174
requires an implementation schedule t o achieve the nutrient load 175
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reductions adopted by the department for discharges subject to 176
the department's national pollutant discharge elimination system 177
permitting program by December 31, 2027. 178
10. The following activities are prohibited within the 179
Caloosahatchee River watershed: 180
a. New domestic wastewater disposal facilities, including 181
rapid infiltration basins, with permitted capacities of 100,000 182
gallons per day or more, except for those facilities that meet 183
an advanced wastewater treatment standa rd of no more than 3 mg/l 184
total nitrogen, expressed as N, on an annual permitted basis, or 185
a more stringent treatment standard if the department determines 186
the more stringent standard is necessary to achieve the 187
Caloosahatchee River total maximum daily loa d. 188
b. New onsite sewage treatment and disposal systems on 189
lots of less than 1 acre, if the addition of the specific 190
systems conflicts with the onsite treatment and disposal system 191
remediation plan for the Caloosahatchee River watershed. 192
Section 2. This act shall take effect July 1, 2022. 193