Title: Memo: Environmental Efficiency Study Commission Meeting in Tampa
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Title: Memo: Environmental Efficiency Study Commission Meeting in Tampa
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Memo: Environmental Efficiency Study Commission Meeting in Tampa, Oct 5, 1987
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 64
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002855
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text







OCT 5 1987


UNIVERSITY OF FLORIDA
DEPARTMENT OF
ENVIRONMENTAL ENGINEERING SCIENCES
A.P. BLACK HALL
GAINESVILLE, FLORIDA 32611
PHONE (904) 39240834


1 October 1987


MEMORANDUM


Environmental Efficiency Study Commission Members


FROM: Warren Viessman, Jr. ,/ ) "

SUBJECT: Environmental Efficiency Study Commission


Meeting in Tampa


Enclosed for your consideration are some thoughts of mine related
to our task. Generally, they address the DER-WMD situation, but some of
them relate to other areas as well. I thought these comments might be
of some use during our deliberations next week.


WVjr/ebh

Enclosure


SQUAL. tMPLOYVYMNT OPPORTUNITY/APIRPMATIVC ACTION CMIL OYE


~I.. r*.. ..i..__.










1

EESCR VIESSMAN 10/1/87
\ FOR CONSIDERATION BY EESC AT OCTOBER 8-9, MEETING IN TAMPA



NOTE: THESE COMMENTS REFLECT THE VIEWS OF BOD VIESSMAN AND ARE

NOT TO BE TAKEN TO REPRESEaNT THOSE OF THE COMMISSION. They ad-

dress issues relevant to the Water Management Districts, DER, and

environmental research and data management.



THE ROLE OF THE WATER MANAGEMENT DISTRICTS

The role of the WMD's is not limited to regulatory

functions. In my opinion, this is not even their pri-

mary mission. The WMD's have substantial respon-

sibility for:

regional water resources planning and manage-

ment;

land management;

local government assistance;

operating water management systems;

-- water supply;

performing special studies;

permitting consumptive use;

regulating various water management ac-

tivities;

S monitoring and data collection; and

enforcement of rules.

Accordingly, the EESC should not lose sight of these functions

(N and should consider policies that will strongly support a guiding





Adli.


2

rather than a reactive role for the WMD's in establishing and im-

plementing Florida water policy.



ACTIVITY BASED PERMITTING

SBy 1989, vest exclusive permitting authority for non-

point source programs (surface water/storm water/dredge

and fill) within the WND's. Recognizing that such as-

signment might not be feasible unless other recommenda-

tions regarding the WMD's are implemented, or until

certain preparations have been made by the districts.

an interim assignment of this responsibility to DER

('should be provided for in the event that it is needed.

Vest exclusive permitting authority for point source

discharges by industries and municipalities, wastewater

injection wells, and solid waste disposal systems with

DER. This should be contingent, however, on a State

policy that ensures optimal solutions to point source

waste flow discharges, and provides for the WMD's to

make recommendations to DER regarding the issuance of

permits where surface water management issues are in-

volved.

A clear and consistent state policy regarding the reuse

of water should be established. This would eliminate

conflicts between those looking at the discharge side

as well as those looking at the resource side. Per-

mitting authority could then be vested in the WMD's


-i
___










3

with DER accorded the right to make recommendations.

Well contractor licensing should be administered by the

Department of Professional Regulation.

In 1994, an assessment should be made of the performance of

the WMD's and the DER, given the foregoing assignment of respon-

sibilities. At such time, a determination of whether additional

transfer of functions to the WMD's is warranted should be made.



WATER MANAGEMENT DISTRICT MFUNING

If the Water Management Districts are assigned added respon-

sibilities in environmental management, two companion issues must

be addressed: (1) funding inequities among the Districts, par-

ticularly that of the Northwest Florida Water Management Distr:ct

whose mill levy is constitutionally limited to 0.05 as opposed to

that of one mill for all the others; and (2) the constraint that

the percentage allocation of tax generated revenues to Basin

Boards imposes on a District's ability to assume broader program

responsibilities. It is recommended that the millage caps for

all Water Management Districts be equilibrated and that the Dis-

tricts be authorized to set their own millage levels on the basis

of need, as long as it does not'exceed the maximum authorized. It

is also recommended that the WMD's be authorized to establish

appropriate governing board-basin board splits in millage rates

for their districts. Finally, circumstances surrounding the

legality of use of ad valorem revenues by the WMD's should be

clarified.


I Le












STATE LEVEL POLICY GUIDANCE

There are several maJor issues for which there is either no

policy or an ambiguous policy at the state level. Pertinent

areas include wetlands definition/policy and water renovation and

reuse. Efficient regulation in such areas cannot be expected

without appropriate statewide policies. This is an issue for

legislative consideration.



STANDARD SETTING

A revamped ERC, with staff capability should be established.

This would provide autonomy from DER and other agencies and would

permit objective approaches to standard setting. Regional varia-

tions in standards through petition from the WMD's should be pro-

vided for but action on them should be based on credible ana-

lyses. Where regional variances are needed they should be ac-

cepted, but where consistency in standards can be maintained,

that course should be followed.



WATER MANAGEMENT DISTRICT OVBStIGUT

In a sense, the WMD's are lost in the state government hier-

archy. Considering the importance of water to the well being of

Floridians, this seems out of step. Accordingly, it is suggested

that some type of State Water Board or Commission be established

to coordinate the functions of the Districts and to facilitate

the development and implementation of good water policy in the

state. Figure 1 illustrates one such arrangement.










GOVERNORS OFFICE LEGISLATURE
STATE COMPREHENSIVE PLAN
Mm (WATER RELATED ELEMENTS)
BROAD STATE GOALS DEFINED

STATE WATER RE RACES POLICY BOARD
Responsible for State Water Resources
Policy Planning and Making Recommendations
to the Governor and Legislature

I


WATER
State










I


POLICE PLANNING
Level


L


STATE WATER USE PLAN
Water policy guidance
for all planning levels


I I
POLICY ISSUE ANALYSIS TASK GROUPS
wnDs, state agencies, RPCs, local
governments and private sector re-
presentatives conduct policy analy-
ses in accordance with the policy
analysis structure presented


U---


REGIONAL (STRATEGIC) WATER -
MANAGEMENT PLANNING -
Conducted by the WLMD and
coordinated with RPCs,
local governments, and state
agencies, and consistent
with the SWUP


WATER ELEMENTS OF LOCAL
GOVERNMENT COMPREHENSIVE -
PLANS --
Coordinated and consistent
with WMD strategic plans and
the SWUP


A MODEL STATE WATER RESOURCES PLANNING STRATEGY


. .. i .. .. .


.-l.1- .-. L--- . .


--


FIGURE 1












REGI ONAL WATER MANAGEMENT PLAN

A coordinated water resources planning process is needed to

guide decision making and management. A suggested process incor-

porates four principal elements:

policy issue analysis and recommendations;

interagency and intergovernmental water and related

land resources coordination;

-- promotion of consistency in water resources planning at

state, regional and local government levels; and

establishment and clarification of water resources

planning roles among agencies and levels of government.

The objective of the recommended process is to facilitate.

through competent issue analyses, the transmittal of meaningful

Recommendations to the Governor and Legislature for establishing

effective water resources management policies for Florida. These

policies would constitute the State Water Use Plan and would

guide water resources planning and management processes at all

levels of government.

The components of the state level policy planning process

would include: identifying emerging issues; setting priorities;

examining legal-institutional frameworks; obtaining public input;

reviewing current actions, projects and programs; analyzing is-

sues and proposing alternatives; and making recommendations.

The state's water resources planning process should focus on

providing advice and assistance to the Governor's Office and the

Legislature in order to facilitate setting andlor revising Flori-











day's water-oriented goals and policies. The state-level water

resources planning model (SWPM) proposed herein is ideally suited

for this function. The WMDs and the principal state water agen-

cies would assist the Governor's Office and the Legislature in

monitoring and updating the State Water Use Plan (SWUP), and con-

sistent with this activity, they would recommend changes, when

needed, to the water elements of the State Comprehensive Plan.

Figure 1 illustrates the manner in which the suggested state pol-

icy planning process would relate to counterpart processes at

other levels.

The state water resources planning model suggested herein

provides for: policy-setting at the state level; coordination

among the planning levels and agencies; consistency

in water management at all levels; clarification of planning

roles; and for a free flow of information forward and backward

through the process. The keystone is the policy issue analysis

process, a process that addresses the critical water management

issues in order of priority, and sorts out minor problems for

further consideration by other appropriate agencies.



RESEARCH AMD DATA IANAGIENT

There is a need for more complete scientific information to

support environmental policy making. The State is continually

implementing new programs designed to improve and/or restore the

quality of a variety of natural systems. Decisions are being

made that involve significant expenditures for these programs,

r',











sometimes on the basis of limited data and incomplete understand-

ing of how these systems actually function. No matter how well

meaning, human intervention in the workings of natural systems

may be ill advised if it is not based on an adequate knowledge of

the impacts that will result from the proposed intervention. The

need for an accelerated research agenda, designed to add to the

body of knowledge related to an understanding of natural systems,

is recognized and recommended. In addition, a coordinated and

well-conceived data system to support permitting and other en-

avironmental decision making processes should be developed.

It is recommended that an Office Of Environmental Research

And Data Coordination be established (OERDC). This Office would

be responsible for: marshalling the State's many research resour-

ces in a manner designed to more effectively aid in guiding en-

vironmental decision making processes; establishing, maintaining,

and administering a state-wide environmental resources data bank;

and acting as a clearing house for environmental information.

The state university system, in concert with the state's agencies

and private research and development firms, would be cooperators

in this venture. A comprehensive research program directed at

issues of concern to the Legislature and the principal en-

vironmental agencies would be a principal objective. The design

and management of a comprehensive data system to support plann-

ing, regulatory and management programs at all levels of govern-

ment would be another.

Examples of some specific assignments to OERDC include: as-











sessing research and data needs; setting priorities for meeting

these needs; designing data monitoring and storage systems; dis-

seminating information; determining costs associated with attain-

ing research goals and data bank goals (establishing a state re-

search and data management budget); estimating benefits to be

derived from research and data missions; estimating losses resul-

ting from failure to conduct needed research and monitoring pro-

grams; and influencing funding decisions by the Legislature.

Such an office could be effective, however, only if it were

adequately funded. An annual budget of about 5 million dollars

would not be unrealistic.




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