Title: Summary of the Conference Committee Amendments to HB 47-B, "The Water Quality Assurance Act of 1983"
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 Material Information
Title: Summary of the Conference Committee Amendments to HB 47-B, "The Water Quality Assurance Act of 1983"
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Summary of the Conference Committee Amendments to HB 47-B, "The Water Quality Assurance Act of 1983" (JDV Box 43)
General Note: Box 18, Folder 1 ( Water Task Force - 1983 ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004130
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.

Full Text




June 23, 1983


SUMMARY
CONFERENCE COMMITTEE AMENDMENTS TO HB 47-B
"THE WATER QUALITY ASSURANCE ACT OF 1983"



PART I
DATA COLLECTION

This part directs the Department of Environmental Regulation
to be the central depository for scientific information
generated by groundwater research throughout the state. It further
directs the department to take the beginning steps to develop a
computerized groundwater data base based upon regions deemed prone
to groundwater contamination, regions that have an identifiable
direct connection with any confined aquifer used as a drinking
water source and any region dependent on a sole source aquifer for
potable water.

PART II
GROUNDWATER MONITORING

This part directs the Department of Environmental Regulation
to establish a groundwater monitoring network throughout the state.
The monitoring wells which make up the groundwater monitoring
network shall be placed according to the susceptibility of each
site to contamination and to the degree of danger to public health
caused, or potentially caused, by contamination.
Additionally, this part directs the Department of Environmental
Regulation to implement a continuing inspection program for package
sewage treatment facilities.

PART III
WELLFIELD CONTAMINATION MITIGATION

This part directs the Department of Environmental Regulation
to coordinate with the Department of Health and Rehabilitative
services to establish programs designed to prevent contamination
cr to minimize the danger of contamination of potable water
supplies. It further directs the department to contract for clinical
tests of samples of affected populations in situations where contaminants
have entered or are likely to enter public or private water supplies.

PART IV
ARTESIAN WELL PLUGGING

This part directs the state's five water management districts
to prepare inventories of all known abandoned artesian wells in
their districts and to prepare, and submit to the Department of
Environmental Regulation by January 1, 1984, a detailed work plan
for the plugging of these wells, including the priority of wells
to be plugged and data relating to costs and methodology for
carrying out the program. The part also contains a definition of
an abandoned artesian well. The program is seen as having two
parts; the districts will prepare plans during the first year and
during the second year the actual plugging and capping program will
be funded from the Water Quality Assurance Trust Fund.


PART V
PESTICIDES

This part repeals the existing Pesticide Technical Advisory
Council within the Department of Agriculture and creates a new,
nine-person Pesticide Review Council to review and comment upon














restricted use pesticides registered in Florida and restricted
use pesticides for which application for Florida registration has
been made. The new council consists of scientific representatives
from the Department of Environmental Regulation, the Department of
Natural Resources, the Department of Health and Rehabilitative
Services and from the Game and Fresh Water Fish Commission. Other
members will be the state chemist, the Dean of Research at the
Institute of Food and Agricultural Sciences of the University of
Florida, and, additionally, a hydrologist, a toxicologist and an
independent scientific research consultant with experience in
both government and industry. The latter three members are to
be appointed by the Governor. The Council is charged with making
recommendations to the Commissioner of Agriculture as to the sale
or use of restricted use pesticides.

Additionally, this part gives the newly created Pesticide
Review Council standing under Chapter 120 in any proceeding
relating to pesticide registration and allows the Department of
Environmental Regulation to review and comment upon restricted
use pesticides.

This part also creates within the Department of Agriculture
and Consumer Services a Bureau of Product Data Evaluation to
support the Pesticide Review Council and contains language
expressing the legislative intent that a sound agricultural
industry is an important asset to Florida.


PART VI
HAZARDOUS WASTE MANAGEMENT

This lengthy section does the following:

--Imposes a 3% tax on the annual gross receipts of privately
owned commercial hazardous waste storage, treatment or disposal
facilities, such tax to accrue to the local government in whose
jurisdiction the facility is situate.

--Provides a program of local hazardous waste management
assessments whereby regional planning councils, or counties at
their option, shall identify small quantity hazardous waste
generators within their jurisdiction and administer a program of
notification to such generators, informing these generators of
methods of appropriate disposal of hazardous wastes.

--Directs regional planning councils to designate one or
more sites within their jurisdictions at which a regional
hazardous waste storage or treatment facility could be constructed.

--Creates a program known as "Amnesty Days" to create public
awareness of the need for proper disposal of hazardous waste by
directing DER to contract with a waste handling company to collect
from small quantity hazardous waste generators small amounts of
waste, free of charge.

--Establishes the Governor and Cabinet as the appellate body
to decide disputed hazardous waste facility siting issues.

--Directs the Environmental Regulation Commission to
designate a site for a multi-purpose hazardous waste facility.

--Prohibits hazardous waste landfills in Florida except upon
the declaration of a hazardous waste management emergency by the
Governor.












PART VII
EMERGENCY RESPONSE PROGRAM

This part provides a mechanism whereby the Department of
Environmental Regulation shall be the lead agency for inter-
departmental coordination of emergency efforts to combat water
pollution, hazardous waste spills and other environmental and
health emergencies not specifically designated within other
statutes. This effort is to be funded from the Water Quality
Assurance Trust Fund.


PART VIII
ONSITE SEWAGE DISPOSAL

This part creates new and more stringent regulations
of septic tank installations, statewide. In subdivisions
with one-half acre lots and private potable well systems,
septic tanks can be used if the average daily sewage flow
does not exceed 1,500 gallons per acre per day. In sub-
divisions with one-quarter acre lots and a public water
system, septic tanks can be used if the average daily
sewage flow does not exceed 2,500 gallons per acre per day.

This part also establishes septic tank setbacks of 75'
from private drinking water wells, 200' from public wells and
75' from surface waters. For lots platted prior to 1972, it
establishes a 50' minimum surface water setback and an exemp-
tion from size requirements provided that sewage flows do not
exceed 2,500 gallons per acre per day for lots with public
water systems and 1,500 gallons per acre per day for lots
with private wells.

It also establishes a variance procedure and creates an
Advisory Review Variance Board to hear applications for vari-
ances. This part also provides additional fees for septic
tank permits, to be used for permitting, site evaluations,
septic tank research and providing a means to accelerate the
soil survey program currently underway in the Department of
Agriculture.


PART IX
SEWAGE TREATMENT

This part provides grants to sewage treatment facilities in
both large and small communities throughout Florida. It is
funded, at $100,000,000 from funds obtained from the accelerated
sales tax collection program. Forty-five percent of the funds
so obtained will be directed to the Small Communities Sewage
Grant Program. Small Communities are defined as those with
35,000 population or under and the per project cap for such
communities is $3,000,000. The interest on the $100,000,000
in this fund -- estimated to be about $8.1 million -- will be
transferred to the Water Quality Assurance Trust Fund.


PART X
ENVIRONMENTAL REORGANIZATION

This omnibus part expands the delegation of powers from
the Department of Environmental Regulation to water management
districts, co-locates certain Department of Environmental
Regulation and water management district offices within the
state, redefines and clarifies the review powers of the
Land and Water Adjudicatory Commission.
















PART XI
POLLUTANT SPILL PREVENTION AND CONTROL

This part creates the Water Quality Assurance Trust Fund
(to be made up of $11,000,000 from the Coastal Protection Trust
Fund, $8.1 million from the interest on the accelerated sales
tax program and half the interest, annually, on the Coastal Pro-
tection Trust Fund).

The trust fund created in this part is intended to fund the
entire Water Quality Assurance Act of 1983 for the 1983/84 Fiscal
Year, including the on-going Department of Environmental Regu-
lation programs described earlier in the act and the clean-up
of superfund and state uncontrolled hazardous waste sites, in
addition to a number of other functions described in the fiscal
breakdown which accompanies this summary.

The Water Quality Assurance Trust Fund has a cap of $12,000,000
and a bottom-end trigger of $3,000,000; when the fund falls below
that latter figure a 20 per barrel tax on pollutants, including
oil of any kind and in any form, gasoline, pesticides, ammonia,
chlorine and derivatives thereof is triggered and will be collected
until the fund once again reaches $12,000,000.

This part also empowers the Department of Environmental
Regulation to adopt rules regulating above-ground and below-ground
storage tanks and to create a program for inspecting these tanks.

PART XII
EMINENT DOMAIN

This part provides that information as to the acquisition of
land for.public water supply or rights of way by an applicant for
a consumptive use permit shall not be admissable in an administra-
tive or judicial consumptive use permit application hearing.
(Legislative intent language for Section 373.115 [Eminent Domain]:
It is the express intent of the Legislature that by enacting a
new section 373.115, Florida Statutes, which prohibits the admission
if evidence relating to the prior acquisition of land or rights of
way in any administrative or judicial proceeding relating to consump-
tive use permitting under Chapter 373, Florida Statutes, that only
evidence specifically relating to the fact, date and price of
acquisition will be inadmissible. Any evidence relating to the
history and type of water uses, prior consumptive use permits, the
needs of the population served by the source of water, consequences
of terminating or reducing the use of water, existing uses, and the
cost of providing water shall continue to be admissible in those
proceedings. It is the further intent of the Legislature that any
other evidence previously admissible, in these proceedings will
continue to be admissible, unless expressly excluded under Section
373.115, Florida Statutes.)










6/23/82
Conference Agreement


Cash Flow Analysis of Water Quality Bill

Conference


Revenue 1983-84:

Sales. Tax Steo-uo
Transfer from CPTF
One-half of Annual Interest in CPTF
Interest from WPCTF
Interest on Avg. Balance in Fund

Total Revenue Available 1983-84:


Expenditures 1983-84:

Operations:
Data Collection
Pesticides
G.W. Monitoring
Package Plants
Local H.W. Survey
DER Local Prog.
Underground Storage Program
Amnesty Day
Facility Siting
Administration of Cleanup Activities
Collocation with WMD's

Subtotal Operations

Cleanup

Total Expenditures 1983-84

Balance Forward at June 30,1984

Balance Forward at July 1, 1984
Revenue for 1984-85

General Revenue
Dne-half of Annual Interest in CPTF
Interest from WPCTF
Interest on Average Balance in Fund (est.)
2d barrel tax on pollutants

Total Revenue Available 1984-85

Expenditures 1984-85:

Sewage grants
Recurring Ooerations

Total Expenditures

Fund Balance for Cleanup & Emergencies (84-85)


4,638,628
1,500,000
3,400,000
400,000
7,000,000

119,183,821



100,000,000
5,147,338

105,147,338

14,036,483


100,000,000
11,000,000
1,500,000
4,600,000 (1)
400,000

117,500,000





350,000
490,000
2,943,000
407,000
1,428,500
75,000
250,000
400,000
25,000
240,000
146,307

6,754,807

8,500,000

15,254,807

102,245,193

102,245,193


Based on interest on 100,000,000 for 7 months.
Based on interest on 100,000,000 for 5 months.
Will only be collected if fund drops below 3 million in
unobligated funds.
Includes 508,810 for local hazardous waste survey
Approximately 5,000,000 for State Sites and 6,000,000 for
Superfund Sites will be needed during 1984-85 (11,000,000 in
total plus emergencies).


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