Bill Text: FL S1808 | 2013 | Regular Session | Enrolled
Bill Title: Numeric Nutrient Criteria
Spectrum: Committee Bill
Status: (Passed) 2013-05-30 - Chapter No. 2013-71 [S1808 Detail]
Download: Florida-2013-S1808-Enrolled.html
ENROLLED 2013 Legislature CS for SB 1808 20131808er 1 2 An act relating to numeric nutrient criteria; amending 3 s. 403.061, F.S.; authorizing the Department of 4 Environmental Protection to implement specified 5 provisions to control nutrient load in state waters; 6 authorizing the department to implement specified 7 nutrient standards; providing for deletion of a 8 specified rule from the Florida Administrative Code; 9 providing that specified nutrient criteria rules are 10 subject to specified provisions of the Florida 11 Administrative Code; exempting such nutrient criteria 12 rules from ratification by Legislature under s. 13 120.541(3), F.S.; directing the department to 14 establish numeric interpretations of the narrative 15 nutrient criterion for certain estuaries and waters, 16 subject to specified provisions and standards; 17 directing the department to submit a specified report 18 to the Governor and Legislature; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (43) is added to section 403.061, 24 Florida Statutes, to read: 25 403.061 Department; powers and duties.—The department shall 26 have the power and the duty to control and prohibit pollution of 27 air and water in accordance with the law and rules adopted and 28 promulgated by it and, for this purpose, to: 29 (43)(a) Implement ss. 403.067 and 403.088 in flowing waters 30 consistent with the attainment and maintenance of: 31 1. The narrative criterion for nutrients and any in-stream 32 numeric interpretation of the narrative water quality criterion 33 for nutrients adopted by the department in streams, canals, and 34 other conveyances; and 35 2. Nutrient water quality standards applicable to 36 downstream waters. 37 (b) The loading of nutrients to downstream waters from a 38 stream, canal, or other conveyance shall be limited to provide 39 for the attainment and maintenance of nutrient water quality 40 standards in the downstream waters. 41 1. If the downstream water does not have a total maximum 42 daily load adopted under s. 403.067 and has not been verified as 43 impaired by nutrient loadings, then the department shall 44 implement its authority in a manner that prevents impairment of 45 the downstream water due to loadings from the upstream water. 46 2. If the downstream water does not have a total maximum 47 daily load adopted under s. 403.067 but has been verified as 48 impaired by nutrient loadings, then the department shall adopt a 49 total maximum daily load under s. 403.067. 50 3. If the downstream water has a total maximum daily load 51 adopted under s. 403.067 that interprets the narrative water 52 quality criterion for nutrients, then allocations shall be set 53 for upstream water bodies in accordance with s. 403.067(6), and 54 if applicable, the basin management action plan established 55 under s. 403.067(7). 56 (c) Compliance with an allocation calculated under s. 57 403.067(6) or, if applicable, the basin management action plan 58 established under s. 403.067(7) for the downstream water shall 59 constitute reasonable assurance that a discharge does not cause 60 or contribute to the violation of the downstream nutrient water 61 quality standards. 62 63 The department shall implement such programs in conjunction with 64 its other powers and duties and shall place special emphasis on 65 reducing and eliminating contamination that presents a threat to 66 humans, animals or plants, or to the environment. 67 Section 2. The Department of Environmental Protection may 68 implement its adopted nutrient standards for streams, springs, 69 lakes, and estuaries consistent with the document entitled 70 “Implementation of Florida’s Numeric Nutrient Standards,” which 71 was proposed for adoption by the department in the Florida 72 Administrative Register, Vol. 39, No. 54, pages 1397-1398. This 73 document shall be subject to the provisions of rule 62 74 302.531(9), Florida Administrative Code, and exempt from 75 ratification under s. 120.541(3), Florida Statutes. 76 Section 3. When the United States Environmental Protection 77 Agency withdraws all federal numeric nutrient criteria rules in 78 the State of Florida, and otherwise ceases all federal nutrient 79 rulemaking in the State of Florida, then rule 62-302.531(9), 80 Florida Administrative Code, shall stand repealed. Thereafter, 81 upon certification by the Secretary of Environmental Protection 82 filed with the Department of State, the rule shall be deleted 83 from the Florida Administrative Code. 84 Section 4. Any nutrient criteria rules for estuaries 85 adopted by the Department of Environmental Protection in 2013 86 are subject to the provisions of rule 62-302.531(9), Florida 87 Administrative Code, and exempt from ratification under s. 88 120.541(3), Florida Statutes. 89 Section 5. The Department of Environmental Protection shall 90 establish by rule or final order the estuary specific numeric 91 interpretations of the narrative nutrient criterion for total 92 nitrogen, total phosphorus, and chlorophyll a for any estuaries 93 not already subject to the department’s numeric nutrient 94 criteria, and establish chlorophyll a interpretations of the 95 narrative nutrient criterion for non-estuarine coastal waters by 96 December 1, 2014, subject to the provisions of chapter 120, 97 Florida Statutes. The water quality standard pursuant to s. 98 403.061(11), Florida Statutes, for total nitrogen, total 99 phosphorus, and chlorophyll a in estuaries, and chlorophyll a in 100 non-estuarine coastal waters, shall be the current conditions of 101 those unimpaired waters, accounting for climactic and hydrologic 102 cycles, until such time as a numeric interpretation of the 103 narrative water quality criterion for nutrients is established 104 by rule or final order. The Department of Environmental 105 Protection shall submit a report to the Governor, the President 106 of the Senate, and the Speaker of the House of Representatives 107 by August 1, 2013, conveying the status of establishing numeric 108 interpretations of the narrative nutrient criterion pursuant to 109 this section and including the department’s calculation of the 110 numeric values that represent the current conditions of those 111 unimpaired waters as stated in this section for those estuaries 112 and non-estuarine coastal waters without numeric interpretations 113 of the narrative nutrient criterion established by rule or final 114 order as of the date of the report. 115 Section 6. This act shall take effect upon becoming a law.