Title: Memorandum from Barton L. Bibler DER. Results of Public Workshops (6) on Possible Revisions to State Water Policy (Chapter 17-40, F.A.C.). June 9, 1
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Title: Memorandum from Barton L. Bibler DER. Results of Public Workshops (6) on Possible Revisions to State Water Policy (Chapter 17-40, F.A.C.). June 9, 1
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Source Institution: Levin College of Law, University of Florida
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Full Text


SFlorida Department of Environmental Regulation
Twin Towers Office Bldg. 2600 Blair Stone Road Tallahassee, Florida 32399-2400
)O Lawton Chiles, Governor Virginia B. Wetherell, Secretary


TO: Interested Partiej.-

FROM: Barton L. Bibler, Water Management Administrator

DATE: June 9, 1993

SUBJECT: Results of Public Workshops on Possible Revisions
to State Water Policy (Chapter 17-40, F.A.C.)

Last year, the Department held public workshops in six cities
across Florida to receive the views of the public on potential
revisions to State Water Policy. As a recipient of this notice,
you either participated in the workshops or informed us of your
interest in being kept informed of the status of revisions.

At the workshops, over 300 persons participated in
wide-ranging discussions of how water policy could be improved.
In our discussions, we covered everything from wastewater reuse to
pollution prevention to minimum flows and levels. We hope you
agree that the workshop process was very useful in identifying the
water issues most important to Floridians.

Enclosed for your information is a summary of the statements
made at the workshops. All of the comments are being carefully
considered. Your help in this process is greatly appreciated.

More workshops will be held later this summer to discuss
actual draft amendments to Chapter 17-40. You will receive
advance notification of the dates, times, and locations of the
workshops, as well as a full draft of rule amendments. If you
have any further questions, please contact Tom Swihart, Water
Policy Administrator, at (904) 488-0784.

Again, thank you for participating.

BLB/jb J.e 2 1993
Enclosure ...---
Tlb: Buddy Blain

Frro: Fred Montsdeoca

thai. information or not.

iAtearest to you.

-- --- -- ---- cl,,

Summary of Comments

Public Workshops on Revisions to State Water Policy

(Chapter 17-40, F.A.C.)

June 24, 1992:

June 25, 1992:

July 7, 1992:

July 10, 1992:

August 4, 1992:

August 6, 1992:

West Palm Beach




Live Oak


_~ ~ ._ _~ _____ I_ __ _~~_~ ~~


West Palm Beach Public Workshop June 24, 1992

Natural Systems

Need specific identification of natural systems in water policy
(policy priorities are not clear).
1) Their maintenance and function are related to climate and
2) Address how they can be used for groundwater protection.
3) Add "restoration" as an alternative option to mitigation.

Address preservation, mitigation and restoration banking.

Assure total preservation for regional, historic natural systems.

Address the purchase of environmentally sensitive lands.

Re-plumb the Central and Southern Florida Flood Control Project to
restore Everglades hydroperiod.

Protect isolated wetlands.

Set priorities for the protection of natural systems clarify

Investigate the regeneration of muck soils.

Encourage wetlands creation.

Improve growth management and comprehensive state planning.

Determine the functions and values of wetlands.

Encourage establishment of wildlife corridors and greenways.

Encourage recycling, reuse, and conservation.

Address the role of herbivores in natural systems (especially

Emphasize hydroperiod restoratibn as state policy.

Emphasize the use of fire in natural systems.

Try to restore hydroperiods to natural historical regimes.

Treat backpumping water in rock pits in Dade County.

Address the direct connections between surface water and aquifer.

Water Supply

Discourage inter-basin transfer.

Revise 17-40.310(10) add "correct and/or mitigate".

It's unrealistic to guarantee water for all reasonable-beneficial
uses need to look at priorities in planning.

Need to capture and store waters going to tide.

Strengthen reuse.

Add a discussion of Aquifer Storage and Recovery. State water
policy should emphasize/clarify ASR's potential as a water supply
strategy for estuary protection.

Encourage new technologies through state water policy.

Discourage waste of water.

Emphasize conservation and reuse.

1) clarify the feasibility criteria and responsibility for
feasibility analysis.
2) clarify the roles of suppliers and end users.
3) DER should take more of a leadership role in reclaimed
water use, including more input on and coordination of
reuse issues.

Add greater recognition of the role of special districts in water

Add a section regarding the institutional framework and
coordination of governmental entities including special district -

Should strive to implement true one-stop permitting.

Revise 17-40.401 Irrigation efficiency improvements are needed
by agriculture, golf courses and the electric power industry.
Presently they have no interest to conserve because tax or cost of
water is too low. Cost should be proportional to use.

Establish a water use assessment for agriculture, golf courses,
and the thermo-electric industry.

Apply tax and cost incentives to all use types.

Recharge or supply capacity of the user should be considered
equally with the amount of use in any water use assessment.

Allow Water Management Districts to increase taxes on heavy users.

Encourage reuse of water for irrigation of golf courses.

Develop infrastructure to reduce discharge to tide.

Strengthen and make more specific state water policy regarding
water supply. Strengthen conservation and augmentation efforts.
Add policy direction for ensuring water supply. 17-40.310 is the
only general policy statement regarding water supply: this is not

Consider natural systems demand for water.

Use growth restrictions to control water demand.

Regional detention should be encourage as an alternative to
enhance water supply.

State water policy should encourage a variety of methods for
increasing water supply.

Rewrite state water policy to integrate water supply, flood
protection, water quality, and natural systems issues and needs.

Evaluate impacts of one element on other elements.

Consider the effects of land use and zoning on water policy and
water use.

Make Local Government Comprehensive Plans consistent with District
water resource plans.

Encourage greater consistency in planning among WMD's.

Add incentives for using xeriscaping and native plants for water

Use water rates to encourage conservation.

Consider priorities for water use (beneficial use).

Consider economic feasibility of reuse on an individual basis.

Include criteria and provide clear guidelines.

Direct the consideration of various factors in the development and
implementation of District plans.

Assure State water policy is broad in scope.

Needs and sources plans should be guidelines, not requirements.

Address the impacts of Lake Okeechobee water levels.

Identify water users with regard to quantity and seasonality.

Evaluate alternatives such as reverse osmosis, reuse of
wastewater, ASR, surface water storage, and backpumping.

Develop levels of service for water supply.

Consider pipelines for the transport of water from Lake Okeechobee
to urban areas.

Encourage flooding fallow fields for wildlife (waterfowl, wading
birds, shore birds).

Dade County lake belt Encourage the possibility of backpumping
to the lakes.

Require training of golf course superintendents in water

Water Quality

Place more emphasis on wellhead protection.

Regulate the point-sources get to the source of the pollution
(cause vs. effect).

Revise the unrealistic time tables in present state water policy
for pollutant reduction goals. Develop timetables and tasks that
are "doable".

Encourage one-stop permitting (or fewer stops); streamline and
increase efficiency.

Require intensive sampling for water quality in flooded fallow

Evaluate detention areas for impacts on wildlife (heavy metals,

Establish and require numerical standards for nutrient reduction
in stormwater programs rather than percentage reductions.

Establish water quality standards for wetlands as required by 1984
W.S. Henderson Act.

Improve enforcement of rules and statutes on the books.

Conduct long term monitoring of wetlands used as treatment areas.

Improve consistency between state and local water quality
standards and requirements.

Address well and wellfield contamination-domestic wells.

Address funding for water quality improvements for the Everglades
Agricultural Area.

Flood Protection

Address the discharge of stormwater to saltwater bodies
(estuary protection).

Establish uniform discharge criteria (quantity) basin-by-basin
- "one set of rules".

Address the capture of stormwater and storage and reuse of this

Establish criteria for emergency operation of flood protection

Re-plumb the Central & South Florida system for improved water
supply, flood protection, and environmental enhancement.

Specific flood protection as policy in 17-40 should include and
affirm that flood protection is a necessary component of water

Add definition of flood protection.

Adopt clearer definitions in state documents and consistency in
those definitions throughout state documents and agencies.

Establish better coordination between SWIM, aquatic preserves, and
Chapter 163.

Establish flood protection as the I 1 priority in SFWMD.

Update the criteria for operation of the water management system
(to prevent the water going into the ocean.)

Review the Water Conservation Areas operating schedules.

Concentrate on areas with demonstrated flooding problems.

Address backpumping into the Everglades.

Address overdrainage. Require review of the criteria governing
control elevations for stormwater management systems.

Evaluate the potential of Aquifer Storage & Recovery for flood

Orlando Public Workshop June 25, 1992

Natural Systems

Promote corridor system in acquisition programs.

Add stronger language for WMDs to set minimum flows and levels.

Establish upland buffer criteria at state level.

Consider unique natural features in permitting. Example:
discharge of fresh water into saltwater system.

Improve agency consistency in wetland reviews.

Strengthen mitigation criteria to include habitat and function

Map and identify wetlands.

Minimum flows and levels needs to be a high priority.

Ensure that pre and post flows downstream are similar.

Mitigation banking and mitigation idea needs to be reviewed
and/or changed to ensure protection of the resources. Require a
large amount of money up front to ensure compliance.

Preservation should be considered part of mitigation.

Link groundwater study and levels to the effect on surface water

Encourage further study of areas of recharge and the need to
protect those areas.
View uplands as important part of the natural system.

Give mitigation credit for preservation or creation of uplands.

Establish consistent WMD criteria for review.

Establish WMD coordination on criteria and boundary match.

COE/DER/WMD/DNR/G&FWFC should agree on wetland definition and
jurisdiction. One-stop permitting needed.

Consider natural systems impacts in consumptive use permitting.

Focus mitigation on natural systems restoration rather than
wetlands creation.

Designate DER to oversee consumptive use permitting.

Protect and preserve recharge lands.

Encourage mitigation banking through land acquisition of natural
systems. Establish priorities: Avoidance, Banking, Restoration.

Prohibit the destruction of natural systems by use as "filters."

Allow mitigation credits for uplands as recharge areas. Don't use
uplands to make wetlands; "destroy one system for another."

Increase mitigation ratios.

Enforce wetland regulations and protection.

Encourage management of natural system across jurisdictional and
ownership lines.

Restrict development on un-bridged barrier islands.

Encourage mitigation banking as an option.

Align natural systems protection to hydrogeological factors.

Categorize wetlands for level of importance.

Better understand the value (both ecological and economical) of
natural systems.

Recognize reasonable use/property rights.

Establish minimum flows and levels.

Lake level management now errs on side of flood protection--too

Encourage riverine corridor (floodplain) protection through
technical assistance and water policy guidelines.

Water Supply

Reuse stormwater: collect, store, reuse.

Address drainage and ditching.

Require determination of the quantity of water and cumulative
impacts of all water permits and uses.

Encourage restoration of previously canalized water systems;
rehydration of wetlands.

Prioritize the allocation of water for public use (drinking);
agriculture; natural systems, etc.

Prioritize conservation efforts by use--agriculture; public

supply, etc. Establish incentives to conserve.

Determine total allocation --
Prioritize by use.
Index each permit (i.e. total allocation/number of users).

Designate critical water supply areas based on local water supply
constraints--not regional.

Drainage wells aren't they contrary to water supply? Are they a
water quality problem or, beneficial in recharging aquifer?

The inventory of water resources is inadequate for some of the
regulations and management activities already being implemented.

Err on the side of conservation.

Concern expressed about SJRWMD's district-wide designation of
critical water supply problem areas.

Policies are now ahead of science; should direct scientific
efforts to get necessary information.

Address the inequitability of focusing on permitted wells/systems
in new regulations and conservation efforts.

Add goal statements for water supply by use category.

Add policies regarding inter-basin water transfers.

State/WMDs should implement water resource production authority.

Conservation efforts focused on minor uses, wrong focus.

Enhance role and number of water supply authorities to resolve
political water problems.

Reduce effort on conservation, can't save much anyway.

Protect recharge areas.

If WMDs don't own water, how can they develop and sell water?

Prohibit transfer of water to other areas without regard to local
needs or natural systems.

Disassemble reservoir systems such as the Kissimmee River.

Do we know how much water we have?

Establish a free market system for water allocation based on net

Are we in danger of not having enough?

What are the minimum levels for aquifers? How are these set by

Require conservation to be year-round and consistent statewide.

Encourage reuse and inverse rates.

Determine how much freshwater is available from springs/streams.
How much can be made available without impacting natural systems
(minimum flows and levels)?

Encourage one stop permitting.

WMD and State Water Policy should address prime recharge policies,
quality and quantity of discharges, and septic tank density and

Establish regional water level policies and minimum standards.

Wellfield protection individual governments may not be able to
protect recharge and well field protection areas outside their
jurisdictions. Wellfield protection should address quality and
quantity (lowering of groundwater water levels).

Regulate interjurisdictional water transfer.

Improve permitting consistency between agency findings and permits
issued by DER.

Establish a state standard for per capital water use.

Correct the conflict with WMD boundaries, designation of critical
water supply problem areas, and wellfield permitting. Permitting
should be reviewed by both districts and they should both use
similar rules.

Look to surface water for drinking water supply. Not necessarily
driven by groundwater permitting.

Establish an inter-district water diversion plan or policy.

Review surface water quality standards, especially as related to
storm and agricultural discharge.

Identify all possible water supply in an area and require
applicant to use lowest quality necessary for use.
Review allocation of water for wetland stormwater treatment

Improve communication between districts and regional authorities
and local governments on "Needs and Sources" Plan.

Water quality

Prohibit any type of new injection wells to place waste surface
waters into aquifer.

Retrofit existing injection wells with treatment systems.

Adopt system specific water quality requirements. Chapter 17-3 is
too generic.

Consider the impacts on natural systems used for filtration
systems (i.e. Apopka).

Encourage the release of properly treated wastewater to surface
water bodies (replenish lakes).

Establish "triage" for lakes outside SWIM system; spend dollar )n
lakes cheapest for fix. (best bang for buck!!)

Consider depth as well as horizontal spacing in well protection.

Restrict wells in areas of potential salt water intrusion.

Establish incentives for gew stormwater treatment methods.

Provide stormwater system maintenance oversight to report
violations. Need "state hotline" to report violations.

Focus water policy more on water quality.

Local Government Comprehensive Plans should be consistent with WMD
plans, so long as they are part of process of development and can
legally challenge it.

Need to remove pollutants removed by stormwater ponds, if they
pose a water quality (typically groundwater) problem.

State's biggest problems are leaking gas and chemical tanks and
agricultural nitrates too much focus on wrong things.

Increase the stormwater treatment goals (80% -- 95%).

Prioritize our problems, then plan and budget accordingly.

Enhance urban stormwater retrofit efforts.

Plan and implement other stormwater BMPs plus pollution prevention

Define "pollutant".

Water quality permit requirements are unattainable.

Place greater emphasis on biological systems for pollutant


Require buffer areas or setbacks around lakes and rivers.

Encourage new methods of stormwater treatment.

Restrict deep well injection.

Stormwater utilities in small governmental entities are not well
coordinated. Problems include revenues, regional planning, and
lack of expertise. May need a regional fee.

Stormwater treatment improvements:

BMPs information needs to be provided to the public.

SState and local rules for treatment systems must assure
compliance with EPA standards.

Consistent rules throughout the districts and consistent
interpretation of the rule.

Consistent interpretation of the rules by the regulatory

Assume delegation from EPA of NPDES, including stormwater.

Study the best methods of treatment so the system is efficient and
cost effective. Cut administration and simplify regulations.

Coordinate review of water quality standards with all surface
water managers.

For surface water, 80% pollutant reduction is too lenient.

Improve compliance regarding maintenance of systems.

Establish different reduction levels for different classes of

Include industrial discharge standards in state policy; locational
guidelines for industrial uses.

Add policy to address consistent watershed water quality

Flood Protection

Put flood protection and water quality issues back together--as
they are now under surface water management.

Address the lack of enforcement of MSSW permits.

Provide incentives for innovative compliance and penalty for


Require flood protection retrofits to include water quality BMP's.

Resist attempts to weaken wetland protection, especially drainage
and filling.

Revise 17-40.420(4)(a)--stormwater treatment performance

1) Rule should address removal of dissolved solids.
2) Presumptive rules- should require documentation of
average annual pre & post runoff quantity.
3) Determine 80 & 95% removal based on pre-development
baseline quality.
4) "Irrigation or stormwater reuse" needed! (Only
economic solution).

Retention/detention ponds do not remove dissolved solids.

Redirect floodwaters to recharge areas.

Consider volumes as well as rates.

Emphasize less runoff.

Retention ponds over karst sinkholes are causing groundwater
quality problems.

Evaluate drainage wells policy. What should be their future?
Phase out?

Encourage more use of natural wetlands for stormwater

Improve rainfall/runoff estimation methods, based on regional
differences within WMDs.

Emphasize regional stormwater facilities rather than individual

Can't rely on Federal Emergency Management Agency information
regarding flood prone areas.

WMDs should assist locals in prohibiting homes being built in

Encourage stormwater treatment in isolated wetlands, protect their
runoff rates and volumes.

Establish consistency between districts for stormwater rules,
including criteria for design (especially split counties).

Retrofit projects need criteria not case-by-case; need local
government funding assistance.


Establish state level policies on surface water upland buffers.

Establish guidelines for floodplain protection.

Improve consistency on rules relating to agricultural/silviculture
projects. Too much difference between districts.

The state or WMD's should update FEMA maps (or encourage Fed to do

Establish state guidelines for stormwater system maintenance.

Improve compliance of permits.

Establish state policy on drainage wells in relation to flooding.
Include criteria for replacement wells when one fails or the
elimination of the wells.

Require a cost/benefit analysis in rules that deal with flood

Clarify how to retrofit existing problems.

Require state and local governments to pay fees in areas where
there is a utility. All entities in a utility area need to pay

Require Flooding (large scale) to be dealt with as a basin-wide
problem. A larger entity needs to address the problem than local

Require Drainage (small scale) to be handled by the local systems.

WMD must be more involved with Regional Comprehensive Policy
Plans, especially for flood control and land use.

WMD should provide local governments with technical advice on
their land use decisions as related to drainage and flood issues.

WMDs now do pre/post flow rate requirements on case by case basis.
They should operate on a basin basis and focus on upper basin
retention and lower basin discharge.

Encourage regional stormwater management systems.

Keep canals maintained.

Permitting for construction is OK, but enforcement is lacking. An
adequate percentage of fees should be dedicated to enforcement.

Retain water for recharge vs. discharge/runoff.

Flood restrictions go too far--overdesign requirements.

Establish statewide uniformity in penalties.

Remove exemption for agriculture and silviculture from stormwater


Tampa Public Workshop July 7, 1992

Natural Systems

Limit the definition of "natural" systems. Some man-made systems
should be excluded.

Establish tax incentives or credits for preservation of water

Encourage the use of mitigation banking. The restoration of
damaged natural systems requires effective, well funded statewide

Limit creation of manmade wetlands as mitigation.

Focus land acquisition programs on preservation of natural

Establish one definition of wetlands. Encourage one stop
permitting and regulation.

Require mitigation for loss of soil moisture in uplands--this
drives the need for more irrigation by others.

Establish a statewide definition of what an impact to a wetland
is, i.e., drawdown, clearing vegetation, etc.

Consistently define wetlands with other agencies.

Don't treat every hole in the ground as a natural system.

Make mitigation policies more consistent.

Mitigation banking support for the concept, but should be within
the watershed.

Encourage large, multifunction regional systems. WMDs may need
to take a leadership role.

Take a watershed approach for natural systems protection.

Remember that mankind is part of the natural system.

Define what is a "natural system".

Establish floodplain buffers and levels of service for flood

Consider property rights.

Address upland management, listed species habitat management,
wildlife corridors.

Assure fluctuation of water levels in structural flood protection
systems for water quality and wildlife benefits.

Encourage mitigation banking, restoration and enhancement.

Clarify that eutrophication is a natural process but can be man

Address recreational uses and impacts.

Establish a priority of uses (include recreation, flood
protection, natural systems protection, etc.).

Establish biological goals and criteria for water body/watershed
management. Require setbacks/natural buffers for
bayfront/waterfront development.

Encourage public awareness for xeriscape and use of native

Add explicit policy on management of the Gulf and the Atlantic-
(address brine disposal and effluent disposal).

Encourage establishment of wildlife corridors through watershed
plans or other management initiatives.

Ensure appropriate uses of public lands.

Establish incentives for wetlands restoration and creation.

Need to maintain recharge (preservation of recharge areas).

Improve public education regarding wildlife, native biota,
wetlands and estuaries.

Address the impacts of mining on regional groundwater flows and
surface water flows -- require restoration and reclamation, as
well as identification of wells in mining areas.

Water Supply

Allow for expedited permit renewal for existing legal users with
minimal requirements for new data.

Eliminate the duplication of effort among WMD's/DER/HRS on reuse
Sand other permits.

Coordinate research, with the primary focal point being the
university system.

Establish more stringent restrictions on water which is
transported and therefore unavailable for source recharge.

There needs to be more equitable administration of water use

restrictions. Consider:

Different classes of users.
Different homeowner's situations.
Irrigation types.
Number of persons.
Size of property.
Local (WMD) flexibility should be maintained.

Prohibit flat rate water billing.

Establish more incentive programs for conservation and reuse, such
as water use fees, increased village rate, grants).

Establish a framework and hierarchy of water use classes for
purposes of public interest consideration:
Wetlands/agriculture at top?
Public safety?
Minimum uses for homeowners?

Limit the availability of water to define types of growth,
including agriculture.

Target water use restrictions, i.e., areas using desalination
should not be affected.

Change Florida water law to a western water rights scheme.

Link water withdrawal and discharges through incentive programs.

Make small refinements in the "Needs and Sources" process so far.

There needs to be better communication between water suppliers and
the districts in the "Needs and Sources" process.

Assess how rigidly the "Needs and Sources" plans should be
enforced in the permitting process.

Improve drought management planning and implementation.

Consider during a severe drought whether minimum flows for the
environment should be relaxed for public health and safety.

Clarify State Water Policy regarding "optimize local resource"
prior to an interdistrict transfer.

The "Needs and Sources" documents should be considered in an
interdistrict transfer permit process.

Explore "reasonable-beneficial" test as it applies to an
interdistrict transfer.

Encourage reuse.

Reuse should be broader than wastewater.

Limit reuse (perhaps) to those activities reducing potable demand.

Improve sharing of responsibilities for reuse implementation
between wastewater treatment facility and the consumptive use
permit applicant.

Improve coordination between DER and the WMDs for reuse.

Reorganize reclaimed water as an important resource.

Require water flow meters. Everyone should buy one, have one.

Ease up the aquifer exemption process for back-up injection weL,

Address the competition between agriculture, public supply, and
natural systems; and impacts on water quality.

Address salt water intrusion.

Assure consistency between State Water Policy and the District
Water Management Plan/State Water Management Plan.

Address the raw water production authority of WMDs.

Encourage water recharge protection for quantity and quality.

Encourage new water sources development, reuse, and reverse

Encourage abandoned well plugging.

Increase the amount and improve the quality of water resource

Encourage reuse for agriculture, industry, and public uses.

Improve the regulations and permitting process.

Address the ownership of water resources, both surface and ground.

Assure that drawdowns of aquifer levels are not causing wetland

Consider financial impacts.

Enhance public education, especially regarding water conservation.

A116w water use permit duration to be longer.

Encourage development of surface water supplies rather than

Require tracking and reporting the use of pesticides or herbicides
in public supply watersheds.

Consider that there are multiple sources for irrigation -
reclaimed water and stormwater.

Address the overapplication of reclaimed water; it is a precious
resource that should not be wasted.

Encourage the capture and storage of surface water runoff e.g.
recharge reservoirs; more flexibility in the use of aquifer
storage and recovery wells, allow larger volumes, use of native

Address water conservation including: landscaping requirements,
public awareness, more emphasis on non-public supply users,
cisterns and other small scale efforts,and the flushing of
dead-end water lines.

Regulate small wells, especially in coastal areas.

Address better regulation of off-site impacts of major groundwater
withdrawals, include compensation/mitigation requirements in

Address concurrency and growth management implications of water
supply availability.

Encourage alternative water source development, including reverse
osmosis and other desalination treatment facilities, graywater and
stormwater reuse.

Address minimum flow impacts of impoundments and their affect on
water quality and flow timing.

Water Ouality

Provide more emphasis on biological and habitat issues in water
quality regulations.

Increase water retention and storage requirements.

Establish site-specific plans and standards.

Pay more attention to flow timing in surface water management.

Address monitoring/data needs, including aggregation and usability
of data bases, coordination of data requirements, preparation of
an overall monitoring plan (master plan).

Develop a "scorecard" for water quality.

Require more stringent stormwater treatment requirements for water
supply watersheds.

Address wellhead protection including roles and responsibilities.

Establish watershed-specific stormwater treatment requirements.

Establish pollutant budgets for receiving waters including
non-point sources.

Address the financial feasibility and compliance scheduling of
NPDES requirements, including the prioritization of basins.

Allow pollutant reduction credit banking encourage regulatory

Assure coordination of point and nonpoint source load allocation.

Address the water quality impacts of septic tanks.

Address agricultural discharge pollution sources especially in
public supply watersheds.

Address landscaping chemicals, establish better regulations.

Establish statewide nutrient budget. Monitor and track interstate

Address wastewater sludge management, regulation and enforcement,
including septage haulers.

Regulate all wells through permits.

Establish nutrient standards for all surface water discharges.

Require all dischargers to substantiate non-degradation of water

Establish reasonable water quality standards, i.e., not cleaner
than rainwater.

Wellhead protection Very important, but how should it affect
existing versus new wells?

Get HRS out of septic tank regulation.

SWFWMD should get on with revising their management and storage of
surface waters (MSSW) Rule to achieve 80% treatment goal as
required in State Water Policy.

Need some long-term assurance that stcrmwater systems meet
design treatment goals Require monitoring; operations and
maintenance inspections; etc.

State Water Policy should provide clarification regarding older
stormwater management system retrofit goals must it meet 804 or
just improve current treatment efficiency?

Assess chemical treatment for stormwater. Is it OK? When? Where?

Protect floodplains for water quality (and other purposes).
Prioritize floodplain protection requirements for waterbodies,
based on amount of development and whether they are potable

Improve the surface water quality monitoring network and
monitoring procedures.

Private wells sometimes cause harm to aquifers when should we
require public supply hookup? Who should pay?

Determine when septic tanks should be required to hookup to a
central wastewater system? Who should pay?

Define "pollution". Clarify natural vs. man-made.

Acquire additional data to define background conditions.

Address point source as well as nonpoint source pollution.

Require retrofit of older stormwater systems during redevelopment.

Encourage a regional approach.

Clarify how clean is clean enough (consider assimilative

What will be the costs, and funding sources, to achieve the 95%
pollution reduction goals for discharges to Outstanding Florida

Establish numeric nutrient standards.

Establish operations and maintenance requirements, including
quality considerations, enforcement and compliance.

Determine whether stormwater management systems are meeting the
80-95% pollution reduction goals.

Address septic tank systems.

Address agricultural best'management practices, regulations and

Address urban, industrial, and Department of Transportation
stormwater discharges.

Assure wetlands and floodplains protection for water quality

Address aquaculture.

Address antidegradation policy.

Encourage public education for groundwater and surface water
quality protection.

Require appropriate land uses in high recharge areas.

Address salt water intrusion due to withdrawals.

Address toxics, sediments, public health, closed/open landfills,
septage/sludge/effluent disposal, and atmospheric deposition.

Flood Protection

Assign flood protection the lowest priority.

Base permit requirements for flood protection on volume rather
than discharge rates.

Performance bonds are not as important for flood protection
assurance as for natural systems or water quality permit condition

Encourage regional stormwater management systems. I

Strengthen the linkage in stormwater permits of accountability of
the design engineer for system performance.

Government shouldn't assume liability/responsibility for all flood

Encourage non-structural rather than structural flood protection.

Encourage habitat protection, (which often need high water

Protect floodplain functions. Purchase rather than impose
development restrictions or give some compensation.

Establish flood protection levels of service, based on recurring
storm event frequency, as concurrency requirements.

Acquire better data on flood prone areas.

Encourage better regulatory consistency among WMDs, such as
calculation methodologies within basins.

Recognize that stormwater utilities are essential, as financial
resources relate to all other issues.

Establish local government comprehensive plans concurrency
requirements for flood protection. Problems are solved from
bottom-up -- not top down.

Favor public health, safety, and welfare over natural systems

Require redevelopment projects to consider water quantity impacts
and water quality impacts downstream.

Address the rate of discharge as well as volume caused by
structural flood protection.

Address the operations and maintenance of stormwater management

Provide clarification regarding retrofit of existing stormwater
systems in re-development projects.

Consider the water quality impacts of flood protection.

Establish levels of service for flood protection.

Consider property rights as well as public benefits.

Identify the responsible organization for operations and
maintenance of stormwater management systems; require renewable

Evaluate equity of agricultural exemptions.

Consider the natural systems impacts caused by flood protection.

Require dedicated funding sources for stormwater management.

Clarify the Chapter 298 Drainage Districts' relations with WMDs,
DER, and local governments.

Encourage the reuse of runoff.

Require design engineer accountability.

Evaluate adequacy of rules for flood protection.

Encourage public awareness in flood prone areas -- Disclosure to

Encourage better floodplain mapping and enforcement of development
regulations within floodplains.

Require the maintenance of stormwater conveyance facilities.

Encourage the establishment of stormwater utilities, both at the
regional and local level.

Encourage water storage, especially in upper watersheds.

Improve watershed and basin planning and management. Encourage

greater participation by DER, WMD, and local governments; in the
process of conflict resolution.

Encourage reuse of stormwater runoff.

Allow the use of stormwater ponds for effluent storage and reuse.

Eliminate duplicative regulations for surface water management.

Require that wetland restoration and creation result in a "net

Encourage wetlands mitigation banking.


Tallahassee Public Workshop July 10, 1992


Strengthen relationships between DER/WMD Permitting and Natural
Resource Area Management programs.

Clarify (spell out) DER responsibility for Natural Systems

Enhance DER ability to participate in proactive resource
protection and management.

Focus funding sources on priority resource protection areas

Merge issues of Flood Protection, Water Quality, and Surface

Government should:
Discourage development in flood prone areas.
If it does, public funds should not be used for Flood

Minimum flows and levels inadequate so far. They have not been
established in most places; too low or too little where

Avoid, minimize, mitigate.

Further action should be taken to see that "no net loss" is

SDefine "avoid" and "minimize" so as to reduce mitigation.

Mitigation should not be allowed for all wetlands.

Greater guidance on land management of all public lands water
management objectives, ecosystem objectives, etc. is necessary.

Manage water for natural systems.

Coastal estuaries are getting too much drainage.

Cumulative impacts need greater consideration.

Encourage state greenway corridor system.

Established an endangered species inventory; use balanced
consideration in permitting.



Allocation of water: how are priorities set?

Protection of high recharge; Bluebelt-tax break.

Enhanced incentives for reuse; costs apportioned fairly.

Use water of lowest suitable quality.

How to balance natural system vs. human needs?

Minimum flows and levels.

Should there be mandatory water conservation across board:
By category of use.
Water credits.
Other means of encourage conservation consumptive use
Transfer water only as last resort.
Water use should be accounted for (all or for some users?)
BMP's/energy efficiency for agriculture.
Conservation rates for public utilities.
Improve water storage capacity in watersheds.
Limit consumptive use permits where reuse available and needed
to protect resources.
Restrict ocean discharge and injection.

Natural systems are users.

Make better estimates of available water resources.

Local Government comprehensive plans should be consistent with
District Water Management plan.

Improve planning (too much crisis management).

Place reuse lines in all new development (mavbe only within
designated critical water supply problem areas).

Strive to restore.

Water use: avoid, minimize, mitigate, compensate.

Reduce assumed per capital consumption as conservation is

Encourage alternative water supply technologies including
reverse osmosis, desalination.

Address interbasin transfer.

Reform rate structures to encourage conservation.

Understand ecosystem needs.

Designate prime recharge areas so local interests can provide
criteria and mechanisms for how to protection methods.

Capture drainage flows discharged to tide with consideration for
proper salinity range.


Control agriculture and nonpoint source runoff to streams and
water bodies.

Agriculture and other nonpoint runoff should be handled
consistently by WMD best management practices.

Local government and state agencies (DCA) should be consistent
with state water plan requirements.

Implement wellhead protection as part of consumptive use
permitting. WMD'S to provide technical assistance with wellhead
protection. Develop central location of information about
hazardous waste/tanks/spray fields around wells.

Need additional protection for dam safety.

Re-evaluate 5:5:3:1 for wetlands discharge.

Improve inspection for existing septic tanks.

Prohibit septic tanks above 5000 gallons/day.

Improve integration/coordination of water supply use and
Natural Resource Protection programs (state/regional/local).

Establish date certain for WMD establishment of minimum flows and

Modify public interest test to include consideration of whether
the transportation of water is in the public interest
(concerning the transfers).

Mandate reuse wherever possible.

Strengthen state authority/role in septic tank use in important
water resource areas. Consider natural resource impacts of
septic tanks.

Assure consistency between DER/WMD and Regional Planning Council
Policy on water quality concerns.

Mandate hookups to central sewers when available; facilitate
financial feasibility.


Evaluate cumulative impacts of septic tanks. Limit their use to
rural areas.

Define and protect cones of influence.

Require that stormwater utilities be adopted by all local

State should designate stormwater funding to support locals'

Agriculture should treat their stormwater too.


Capture and reuse more stormwater upstream.

Create incentives to maintain natural lands, including uplands, to
minimize runoff.

Identify recharge areas and provide incentive to transport
stormwater to these areas.

Minimize impervious area.

Financial responsibility or permits for stormwater systems.

Improve construction standards in floodplains.

Encourage compat-ible uses in floodplains.

Consider dam safety.

Facilitate a funding mechanism for stormwater retrofitting.

Ensure DER/WMD consistency on agricultural BMP's (and
silviculture, ornamentals, etc.)

Clarify DER responsibility in regard to flood protection in
Northwest Florida.

Ensure coordination/oversight of Ch. 298 Water Control Di-tricts.

Encourage maximum practical retention of stormwater.

Broaden floodplain management responsibility of Water Management

Encourage regional stormwater facilities.

Set performance standards for regional development plan.

Allow flexibility for treatment systems that are retrofits
(combined new/rehabilitation) maybe another treatment goal for

combined systems.

Prioritize floodplain protection, and set corridor setbacks. Live Oak Public Workshop August 4, 1992
Consider: Outstanding Florida Waters designations; sensitivity of
water quality; development level; flooding sensitivity; habitat;

Protect upland and transition zones. Definitions are needed.

Clarify who is responsible for enforcement.

Implement the Federal methods of identifying wetlands.

Encourage state ownership of natural systems. In order to
protect, do you regulate or own?

Adopt criteria to allocate water to natural systems.

Establish more DER oversight on isolated wetlands (including
endangered species).

Establish land acquisition of floodplains and headwaters as t

Compensate counties for lost tax dollars from land acquisition

Encourage conserving land uses.

Enforce densities in comprehensive plans.

Reduce government.

Restrict boat speeds for habitat protection.

Restrict boats where swimming occurs (in springs, for example

Educate land owners on the value of natural systems.

Establish spring flow monitoring program for 1st and 2nd magn

Place only public lands in the category of "preservation

Contain surface water so that it doesn't get into the

Include economic consideration in establishing regulations.

Conserve wetlands and protect estuaries.

Protect private property rights.

Use incentives for BMP's.







Write better definitions for natural systems and get all agencies
to use.

Improve minimum flows and levels data.

Acquire more information about mitigation. (Are artificial
systems as good as natural?)

Maintain natural corridor along rivers, recognizing private
property right considerations.

Set high standards to protect natural systems when developing
industrial uses.

Address use of creeks as discharge points for sewer systems.

Establish wildlife corridors.

Protect springs.

Look closely at areas which support endangered species, both flora
and fauna.

Evaluate chemical usage (urban and agriculture).


Establish mechanisms to encourage/require reuse.

Prohibit Inter-district transfer of water.

Lift moratorium on direct aquifer recharge.

Adopt more progressive use of wetlands for stormwater and effluent

Evaluate the effectiveness of stormwater recharge ponds.

Avoid using natural wetlands or mitigated lands for stormwater

Seek economists' opinions on market allocation of water rights.

Consider priorities for water use? Residential? Agricultural?

Establish minimum flows and levels and aggressive consumptive use

Consider credit for water consumption based on groundwater

Assure adequate water supplies.


Assure good quality water.

Avoid nitrate/phosphate contamination.

Improve enforcement.

Monitor water use quantity.

Create better connection between local zoning and water management

Avoid increasing the cost of water for agriculture.

Increase water conservation efforts for individuals, agriculture,
and industry.

Forbid interbasin transfer of water.

Stay away from use taxes.

Recycle and reuse water.

If boards tax, they should be elected.

Prohibit injection wells.

Inject into aquifers only if treated to tertiary levels.

Clean up what's already polluted (Fenholloway River, waters from
Georgia, etc.) and charge the polluter, not the user.

Use the lowest quality of water available.

Establish incentives to recycle and reuse.

Generate or secure funding for springs maintenance.

Determine what can be done to protect Hixtown Swamp.

Improve hazardous waste siting.

Consider groundwater/surface interaction.

Assure watershed/drainage basin planning.

Develop plan for interdistrict water transfer.

Use Needs and Sources Data for water supply

Establish aquifer-hazardous waste policy for whole state.

Delineate water sources for the whole state.

Place prevention instead of care language in statutes.

Improve definition of wetland protection.

Assure adequate supply for agriculture.

Bluebelt Commission Agriculture and Forestry; Incentive to keep

Consider urban/agriculture conflicts.

Require dry line in development for eventual use when technology


Research the effectiveness of stormwater ponds.

Complete karst study on Suwannee River basin.

Use data that already has been collected. Septic tanks; NPDES;
and stormwater.

Study stream-to-sink areas.

Use Special Prosecutor's office to enforce permits.

Speed up process to improve efficiency and get things done.

Prevent pollution rather than clean up.

Shift efforts from data gathering to enforcement.

Prohibit nitrate levels above 8 ppm.

Assure that those who pollute, pay for pollution recovery and
resource protection.

Upgrade septic tank system throughout SRWMD (as in Suwannee
River floodplain).

Transfer septic tank permitting to DER.

Permitting program must include compliance and enforcement.

Runoff how much it does to contaminate; mapping; how to

Place sewer dry lines in all new developments.

Differentiate natural from artificial runoff.

Acquire more data on septic tank density problems.

Protect wetlands (possible use to filter contaminants).

Find old underground tanks.

Avoid pollution problems from dairies.

Map and monitor old dumps and landfills.

Cap abandoned artersian wells.

Fund stormwater runoff.

Protect sinkholes.

Encourage floodplain protection for creeks (to avoid being fil

Assure accountability (people use pesticides, chemicals,
hazardous waste, gas, etc.)


Mandate speed limits and enforcement on boats during floods to
minimize environmental damage.

Keep flood protection and water quality together in the same
paragraph of the rule.

Restrict impoundments until studies show benefits.

Allow impoundments unless no benefits are shown.

Reduce construction in floodways.

Reuse stormwater to improve quality for dissolved solids.

Recognize silviculture as a tool of flood control.

Promote nonstructural flood protection.

Treat the water flowing into drainage wells (need to find car
mercury, dioxin, etc.).

Prohibit new development up to 100 year floodplain, including
single family residences.

Leave passage through Wacasassa Flats for flood waters.

Limit high intensity land use in floodplain.

Encourage conserving land use, such as forestry or other low
intensity agriculture.

Prevent erosion of banks during flood from fast boats.

Control silviculture discharges.

Establish cost sharing to implement flood protection with small Pensacola Public Workshop August 6 1992
towns and cities.

Promote public-private partnerships for solutions to runoff.

Stop clearcutting and look at replanting requirements. NATURAL SYSTEMS PROTECTION

Recognize that flooding and high flows are necessary and

Evaluate hunting clubs for fencing, baiting of wildlife, etc.

Recognize overwash of barrier islands is natural and helpful.

Improve mapping of species habitats, followed by protection.

Discourage or eliminate creation of artificial wetlands as
mitigation. Encourage restoration/recovery of overdrained
wetlands. Encourage wetlands protection through tax incentive
similar to greenbelt.

Prohibit silvicultural clearcutting to tributaries.

Exercise caution with concept of mitigation banking.

DER should regulate silviculture activity (especially harvest
trees in floodplains).

Improve interagency coordination; share data.

Establish DER as the central repository or access point for a
state environmental information and reports.

Consolidate and streamline permitting.

Return state lands to natural species, diversity (not
silvicultural monocultures).

Prevent pollution by instituting stricter permitting standard

Protect aquifer systems comprehensively (wellhead, recharge).

Improve interstate cooperative efforts on dams. Consider flo
water quality.

Revive permanent station monitoring network data gathering on

Establish greater access to USGS data.

Improve floodplain mapping and updating.

Evaluate exemptions for small impoundments, agricultural, etc
Current thresholds are too high, too many are being construct
35 36





)w and


Should at least receive permits.


Agricultural and silviculture regulation should not be exempted
from DER regulatory authority; revise Ch. 403.

Replanting needed quickly for silviculture; water retention
being diminished.

Use severance taxes on silviculture to restore environment and
promote water retention.

Evaluate consumptive rates per connection rather than/or in
addition to per capital.

Require agricultural metering.

Require water utilities to prepare resource and capital needs
plans consistent with Water Management District needs and sources

Place consumptive use rates into computer data base for per
capital, withdrawal rates, aquifer levels, and chemistry.

Encourage use of natural wetlands for stormwater.

Encourage better wellfield planning through comprehensive plans.

Encourage better waste disposal siting through comprehensive

Consider water withdrawal fees. Inequities are a concern for
private wells.

Consider environmental water needs in comprehensive plans, not
just infrastructure needs.

Make well abandonment for private, surficial aquifer easier. Do
not require a contractor.

Carefully evaluate injection wells. Generally, prefer
prohibition; but alternatives must be analyzed.


Improve water quality trend monitoring for potable water
supplies, discharges, and receiving waters.

Improve enforcement.

Assure reasonable enforcement.

Improve DER District level labs (for at least the simpler tests).

Water quality standards should be explicit in permits.

Improve consistency among state agency rules.

Revise DCA's policies on stormwater facilities to make consistent
with DER Rule 17-25.

Expand ambient monitoring network.

The method detection level for total phosphorus should be lower in
the DER Tallahassee Lab (it was raised from District Labs to
Tallahassee Lab)

Better evaluation of monitoring plans accepted by DER in permit

Allow local government environmental programs more stringent
regulation where environmentally necessary.

Remove "averaging" language from the dissolved oxygen
standard in Chapter 17-302.

Add biotic index for saltwater to Chapter 17-302.

Tighten up Biological integrity standard (25% reduction is too

Adopt more biological indicators for water quality standards.

Encourage wellhead protection.


Limit impervious areas and require permeable pavement, swales,

Protect the large amount of recharge areas in NWFWMD.

DER should assist NWFWMD in MSSW regulation.

Improve the regulation of silvicultural practices that cause

Recognize non-structural vs. structural approach to flood


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