Title: Surface Water Improvement and Management Act Chapter 17-43
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Permanent Link: http://ufdc.ufl.edu/WL00000927/00001
 Material Information
Title: Surface Water Improvement and Management Act Chapter 17-43
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Surface Water Improvement and Management Act Chapter 17-43 DER1987
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 26
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00000927
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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DERi gal SURFACE MATER IMPROVEMENT AND MANAGEMENT ACT 17-43


CHAPTER 17-43
SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT
PART I


17-43.010 Intent.
17-43.020 Definitions.


PART II


17-43.030
17-43.035


Criteria: Surface Waters, Establishing Priorities.
Preparation and Submittal of Surface Water Priority Lists and
Plans.


PART III


17-43.050
17-43.060
17-43.070

























12-7-87


Release of Funds.
District Share of Fund.
Reports.


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SURFACE MATER IMPROVEMENT AND MANAGEMENT ACT


PART I

17-43.010 Intent.
(1) In Chapter 87-97, Laws of Florida, the Surface Water Improvement and
Management Act, the Legislature finds and declares that the water quality of many of
the surface waters of the state has been degraded or is in danger of being degraded,
and that it is the duty of the state through the state's agencies and subdivisions to
enhance the environmental and scenic value of surface waters.
(2) Pursuant to Section 373.026(7), F.S., the Department is responsible for the
exercise of general supervisory authority over all water management districts. The
Department also has responsibility for the implementation of the Surface Water
Improvement and Management Act, by establishing the criteria for the water
management districts' development of their priority surface water lists; by approval
of the priority lists and management plan schedules; by reviewing and recommending
modifications or additions to the plan; by establishing the uniform format for
management plans; and by administering funds.
Specific Authority: Chapter 87-97, Laws of Florida; 373.043, F.S.
Law Implemented: chapter 87-97, Laws of Florida
History: New 12-7-87.
17-43.020 Definitions.
(1) "Department" means the Department of Environmental Regulation.
(2) "Secretary" means the Secretary of the Department of Environmental
Regulation.
(3) "District" means any one of the five water management districts created by
Section 373.069, Florida Statutes.
(4) "Fund" means the Surface Water Improvement and Management Trust Fund.
(5) "Approved Surface Water Priority List" means the list adopted by the
governing board of a District based on criteria adopted by this rule.
(6) "Approved Plan" means the written strategies for a specific priority water
body or bodies, which have completed the full process of District preparation,
Department review, District public hearing, and Department approval.
(7) "Approved Program" means a specific strategy, including all activities and
expenditures proposed, which is a part of an Approved Plan.
(8) "Priority Planning" means that District activity which results in an Approved
Surface Water Priority List or a plan for the restoration or conservation of surface
waters based upon the criteria establishing priorities for these waters.
Specific Authority: Chapter 87-97, Laws of Florida, 373.043, F.S.
Law Implemented: Chapter 87-97, Laws of Florida
History: New 12-7-87.





17-43.010(1) -- 17-43.020(History)

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PART II

17-43.030 Criteria: Surface Waters, Establishing Priorities.
By March 1, 1988, each District, in cooperation with the Department, the Game
and Fresh Water Fish Commisssion, and the Department of Natural Resources, shall
develop a list in priority order of surface waters of regional or statewide significance
which require restoration or conservation. Each District shall consider the following
criteria in preparing the list and priority ranking:
(1) The degree to which state water quality standards are violated. In reviewing
this criterion, each District shall consider the following factors:
(a) The status and trends of water quality in the water body, including the nature
and extent of pollution loading from point and nonpoint sources and the extent to
which users are impaired;
(b) Whether the water body can reasonably be expected to meet or maintain
water quality standards without action to control point or nonpoint sources; and
(c) The nature and extent of sources of point and nonpoint pollution which
contribute to the waters not meeting standards.
(2) An evaluation of the nature and extent of conditions that adversely affect
the water body, including, but not limited to:
(a) Nutrient balance of the water body;
(b) Trophic state of the water body;
(c) Existence or need for continuous aquatic weed control;
(d) Biological condition;
(e) Physical condition; and
(f) Reduced fish and wildlife values.
(3) Threats to water supplies, especially agricultural and urban supplies, and
recreational opportunities. In reviewing this criterion, each District shall consider the
following factors:
(a) Whether uses of the water body are impaired, including whether the water
body does not meet quality standards or requires control programs to maintain
compliance with standards; and
(b) Whether conditions intermittently or frequently prevent a beneficial use.
(4) Threats to or need for long-term protection of those exceptional or
outstanding water bodies which are currently in good condition.
(5) The extent to which the plans, ordinances, and policies of local governmental
units with jurisdiction over a water body are consistent with a District's efforts to
restore or conserve a water body.
(6) T1' feasibility of monitoring the success of restoration or conservation
efforts in the water body.
(7) The economic and environmental feasibility of accomplishment of restoration
or conservation goals.
Specific Authority: Chapter 87-97, Section 2, Laws of Florida, 373.043, F.S.
Law Implemented: Chapter 87-97, Section 2, Laws of Florida
History: New 12-7-87.


17-43.030 -- 17-43.030(History)
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17-43.035 Preparation and Submittal of Surface Water Priority Lists and Plans.
(1) Using the criteria established by Rule 17-43.030, F.A.C., each District shall
prepare and submit annually to the Department a Surface Water Priority List with
supporting documentation which shall include an explanation of the selected priority
order. Within 30 days after receipt, the Department will notify the District in writing
whether the list is consistent with the intent and provisions of this rule and Chapter
87-97, Laws of Florida. If the list is not consistent, the notification will include
recommendations for modifications necessary to obtain Department concurrence with
the final list.
(2Xa) Each District shall prepare and submit to the Department a plan,
composed of one or more programs, for the management of the specific water bodies
in the order in which they appear on the Approved Surface Water Priority List. Such
plans shall be reviewed annually and may be modified or added to as necessary by the
Districts. Plans shall include at least:
1. a description of the water body system, its historical and current uses, its
hydrology, and a history of the conditions which have led to the need for restoration
or conservation;
2. an identification of all governmental units that have jurisdiction over the
water body and the land within a one mile perimeter of the water body, including
local, regional, state and federal units;
3. a description of adjacent land uses and those of important tributaries, point
and non point sources of pollution, and permitted discharge activities;
4. a list of the owners of point and non-point sources of pollution that are
discharged into each water body and tributary thereto and that adversely affect the
public interest (by causing or significantly contributing to violations of water quality
standards), including separate lists of those sources that are operating without a
permit, operating with a temporary operating permit, and those presently violating
effluent limits or water quality standards, and including a timetable for bringing all
sources into compliance with state standards when not contrary to the public interest;
5. a description of strategies and potential strategies for restoring the water
body to Class III or better;
6. a list of studies that are being or have been prepared for the surface water
body;
7. a list and current status of active restoration or conservation projects for the
surface water bodies initiated prior to July 1, 1987;
8. a description of the research and feasibility studies which will be performed
to determine the particular strategy or strategies to restore the water body;
9. a description of the measures needed to manage and maintain the water body
once it has been restored and to prevent future degradation;
10. a schedule for restoration and management of the water body; and
11. an estimate of the funding needed to carry out the restoration strategies.


17-43.035(1) -- 17-43.035(2Xa)11.


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(b) Using the criteria for the List and Plan established by Chapter 87-97, Laws
of Florida, and this rule, the Department will evaluate each proposed Plan. The Plan
shall be submitted to the Department no later than 60 days prior to the District's
public hearing. Within 45 days after receipt of the District's proposed Plan, the
Department will notify the District in writing whether the District's Plan is consistent
with the intent and provisions of this rule and Chapter 87-97, Laws of Florida. If the
Plan is not consistent, the notification will include recommendations for modifications
necessary to obtain the Department's concurrence with the final plan.
Specific Authority: Chapter 87-97, Sections 2 and 3, Laws of Florida, 373.043, F.S.
Law Implemented: Chapter 87-97, Sections 2 and 3, Laws of Florida
History: New 12-7-87.






























17-43.035(2Xb) -- 17-43.035(History)
12-7-87


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PART III

17-43.050 Release of Funds.
(1) The Department shall release moneys from the Fund to each District for the
development of Lists or Plans or implementation of their Approved Plan or Programs.
(2) A District requesting withdrawal from the Fund shall submit to the
Department a resolution adopted by the District governing board. The resolution shall
certify that the moneys are needed to meet the reasonably expected cash needs of the
District within the next 90 days and will by used for either Priority Planning or
implementation of an Approved Plan or Program and shall specifically include:
(a) The amount of money being requested;
(b) The total cost of the activity for which funds are requested;
(c) A statement that the District has deposited and presently made available in
the appropriate project account 20 percent of the amount identified in (b) above;
(d) A description of the particular Approved Plan or Program for which the
moneys are requested; and
(e) A statement that the proposed use of requested moneys is consistent with the
Approved Plan; Section 373.036, Florida Statutes (the State Water Use Plan); and
Chapter 17-40, Florida Administrative Code (the State Water Policy).
(f) The quarterly report required in Section 17-43.070(2).
(3) Within 30 days after receipt of the certifying resolution, the Secretary shall
authorize the release of the requested moneys or shall notify the District .in writing
why the moneys cannot be released.
(4) District expenditures, for purposes set out in Paragraph (1) above, made after
July 1, 1987, to implement the provisions of Chapter 87-97, Laws of Florida, or this
rule shall be eligible for reimbursement from the Fund or may be applied to the 20
percent match required for subsequent withdrawals from the Fund. Only upon written
approval of the Secretary may projects which were initiated prior to July 1, 1987 be
eligible for reimbursement of expenditures incurred after July 1, 1987 or be applied to
the District's 20 percent match requirement.
(5) Prior to September, 1988, moneys requested for priority water bodies
identified in Chapter 87-97, Laws of Florida may be approved and released by the
Secretary within 30 days, upon receipt of a resolution by the District requesting
moneys, certifying that these moneys are designated for an Approved Plan or Program
by the District's governing board consistent with Chapter 87-97, Laws of Florida, and
that a 20 percent match has been provided by the District.
(6) Any monies released from the Fund shall be accounted for in a separate
project accrjnt in a separate fund together with the District's 20 percent match
requirement to provide for segregated accountability. Any fund moneys shall be
continuously invested and any accrued interest shall be credited to the project
account.
Specific Authority: 373.026, 373.043, 373.114, Chapter 87-97, Section 5, Laws of
Florida
Law Implemented: Chapter 87-97, Section 5, Laws of Florida
Histroy: New 12-7-97.

17-43.050(1) -- 17-43.050(History)
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DER1987 SURFACE MATER IMPROVEMENT AND MANAGEMENT ACT 17-43

17-43.060 District Share of Fund.
(1) The Department shall not release more than 80 percent of the amount of
money specified by a District as necessary for Priority Planning or implementing the
Approved Plans or Programs. A District shall provide at least 20 percent of the
amount of money necessary for Priority Planning or for implementing the Approved
Plans or Programs.
(2) Beginning with the state fiscal year 1988-1989, any one District may not
receive more than 30 percent of the moneys in the Fund in any year unless otherwise
authorized by law.
Specific Authority: Chapter 87-97, Section 5, Laws of Florida; Section 373.043, F.S.
Law Implemented: Chapter 87-97, Section 5, Laws of Florida
History: New 12-7-87.
17-43.070 Reports.
(1) Beginning July 1, 1988 and each quarter thereafter or as soon thereafter as
possible, the Department shall prepare and furnish to each District a financial
statement providing the current unobligated cash balance in the Fund for each
District.
(2) Beginning with the initial request and each quarter thereafter, each District
shall submit to the Secretary a certified report from the governing board of activities
conducted with Fund moneys during the preceding quarter, including, at least, a brief
description of projects being implemented, a listing of receipts, disbursements,
District match, and project account status for each water body on the Approved
Surface Water Priority List.
(3) Any Fund moneys and related accrued interest remaining with the Districts
on completion of an Approved Program shall be credited to the Fund or, upon the
approval of the Secretary, transferred to implement another of the District's
Approved Programs for which moneys were requested.
(4) In January of each year, each District shall submit to the Secretary a
progress report of activities conducted with Fund and District match moneys during
the preceding year including a brief description of projects being implemented for
each water body on the approved surface water priority list where activities have
occurred.
(5) The financial audit as required by Section 11.45(3), F.S., shall include a
statement regarding the District's compliance with all applicable rules.
Specific Authority: Chapter 87-97, Laws of Florida; Section 373.043, F.S.
Law Implemented: Chapter 87-97, Laws of Florida
History: New 12-7-87.








17-43.060(1) -- 17-43.070(History)
12-7-87


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