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Publication #FE579

Handbook of Florida Water Regulation: Table of Contents1

Michael T. Olexa, Tatiana Boriosva, and Jarrett Davis2

Preface

This handbook is designed to provide an accurate, current, and authoritative summary of the principal federal and state (Florida) laws that directly or indirectly relate to agriculture. This handbook provides a basic overview of the many rights and responsibilities that farmers and farmland owners have under both federal and state laws as well as the appropriate contact information to obtain more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this publication could become outdated at any time. Several details of cited laws are also left out due to space limitations.

This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice, and the information contained herein should not be regarded as a substitute for professional advice. This handbook is not all inclusive in providing information to achieve compliance with the federal and state laws and regulations governing water protection. For these reasons, the use of these materials by any person constitutes an agreement to hold harmless the authors, the UF/IFAS Center for Agricultural and Natural Resource Law, the Florida Cooperative Extension Service, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this handbook.

Table of Contents

  • Introduction (FE580)

  • State Regulatory Powers (FE581)

  • Clean Water Act (FE582)

  • Resource Conservation and Recovery Act (FE583)

  • Comprehensive Environmental Response, Compensation, and Liability Act (FE584)

  • Florida Pollutant Discharge Prevention and Control Act (FE585)

  • Emergency Planning and Community Right-to-Know Act (FE586)

  • Safe Drinking Water Act (FE587)

  • Federal Insecticide, Fungicide, and Rodenticide Act (FE588)

  • Food Quality Protection Act (FE589)

  • Florida Pesticide Law (FE590)

  • Toxic Substances Control Act and the Lautenberg Chemical Safety Act (FE591)

  • Endangered Species Act (FE592)

  • Florida Department of Environmental Protection (FE593)

  • Florida Water Management Districts (FE594)

  • Florida Fish and Wildlife Conservation Commission (FE595)

  • Florida Department of Agriculture and Consumer Services (FE596)

  • Florida Department of Health (FE597)

  • Private Regulation (FE598)

  • Florida Right-to-Farm Act (FE599)

  • Agricultural Best Management Practices (FE600)

  • State Rules for Discharges into Groundwater (FE601)

  • Federal Rules for Discharges into Groundwater (FE602)

  • Water Wells (FE603)

  • Consumptive Use (FE604)

  • Management and Storage of Surface Waters (FE605)

  • Activities in Wetlands (FE606)

  • Florida Air and Water Pollution Control Act (FE607)

  • Florida Watershed Restoration Act (FE608)

  • Florida Everglades Forever Act (FE609)

  • Northern Everglades and Estuaries Protection Program (FE610)

  • Solid Waste Management (FE611)

  • Hazardous Waste Management (FE612)

  • Pollutant Storage Tank Systems (FE613)

  • Onsite Sewage Treatment and Disposal (FE614)

  • Appendix (FE615)

  • Contact Agencies (FE616)

  • Notes and Glossary (FE617)

  • Soil and Water Conservation Districts (FE1017)

  • Florida Water Bill (FE1018)

  • Florida Springs and Aquifer Protection Act (FE1019)

Acknowledgments

The authors are indebted to the personnel of both state and federal agencies who provided their time and advice in the preparation of this handbook. We acknowledge Carol Fountain and Susan Gildersleeve at the University of Florida for their assistance in editing this handbook. We also acknowledge funding received for updating this publication from the 2016 Wells Fargo Extension Professional Award and Program Enhancement Grant (Principal Investigator is Tatiana Borisova).

Tables

Table 1. 

Description of handbook contents

 

Title

Description

DLN

Introduction and Overview

 

Introduction

General purpose of handbook

FE580

 

Florida Water Policy Framework and Institutions

Overview of water quality and quantity/use regulations

TBD

Key Federal Laws

 

Clean Water Act

Federal law to maintain and restore the chemical, physical, and biological integrity of US navigable waters (such as rivers and lakes)

FE582

 

Safe Drinking Water Act

Federal law to protect US drinking water systems from contaminants

FE587

 

Endangered Species Act

Federal law to protect US fish, wildlife, and plants that are threatened with extinction

FE592

Key State Laws

 

State Regulatory Powers

Summary of Florida state regulatory powers

FE581

 

Florida Air and Water Pollution Control Act

State law to conserve, protect, and improve the quality of Florida's waters

FE607

 

Florida Watershed Restoration Act

State law to protect Florida's water quality through the Total Maximum Daily Load program

FE608

 

Florida Water Bill

State law that addresses Florida’s critical water supply and quality issues

FE1018

 

Florida Pollutant Discharge Prevention and Control Act

State law to maintain the sea coast and coastal waters, beaches, and adjoining public lands in as close to a pristine condition as possible

FE585

Key State Agencies

 

Florida Department of Environmental Protection

Primary state agency for preservation of environmental integrity of Florida's physical environment, including water resources

FE593

 

Florida Water Management Districts

State regional agencies for management of water and related land resources

FE594

 

Florida Fish and Wildlife Conservation Commission

State agency for management, protection, and conservation of wild animal life and fresh water aquatic life

FE595

 

Florida Department of Agriculture and Consumer Services

State agency that carries out functions related to farming practices and products, including projects to minimize impact of agriculture on water resource

FE596

 

Florida Department of Health

State agency for implementing procedures to promote and protect public health and safety, including protecting public drinking supply sources

FE597

 

Soil and Water Conservation Districts

Local agencies for providing assistance/guidance to landowners/stakeholders in implementing land and water resource protection practices

FE1017

Selected Permits Required for Water Resource Use

 

Consumptive Use Permits

Permits for consumptive uses of water (any use of water that reduces water availability in the source from which the water is withdrawn or diverted)

FE604

 

Management and Storage of Surface Waters

Permits for construction, operation, or alteration of stormwater management systems, dams, impoundments, reservoirs, or appurtenances

FE605

 

Water Wells

Permits for construction, repair, or abandonment of water wells

FE603

Agricultural Best Management Practices

 

Agricultural Best Management Practices

Overview of how farmers should utilize best management practices to minimize potential impacts of production activities on water resources

FE600

Wetlands and Connected Systems

 

Activities in Wetlands

Overview of statutes that protect wetlands

FE606

 

Florida Everglades Forever Act

Restoration of the Everglades ecosystem by state and federal governments

FE609

 

Northern Everglades and Estuaries Protection Program

Program to improve and protect the water quality and quantity in the Lake Okeechobee, Caloosahatchee River, and St. Lucie River watersheds

FE610

Protection of Groundwater

 

Federal Rules for Discharges into Groundwater

Overview of federal statutory directives that affect or have the potential to affect groundwater

FE602

 

State Rules for Discharges into Groundwater

Overview of state statutory directives for groundwater quality protection

FE601

 

Florida Springs and Aquifer Protection Act

State law to protect springs fed by the Floridan aquifer

FE1019

 

Water Wells

Summary of state statutory directives to safeguard the quality of both well water and aquifer water

FE603

 

Onsite Sewage Treatment and Disposal

Regulations for onsite sewage treatment and disposal systems (such as septic tanks)

FE614

Regulation of Toxic and Hazardous Substances with Potential Impact on Water Resources

 

Comprehensive Environmental Response, Compensation, and Liability Act

Federal law for investigation and cleanup of sites contaminated by hazardous substances

FE584

 

Emergency Planning and Community Right-to-Know Act

Federal law to regulate toxic chemicals, hazardous chemicals, and extremely hazardous substances

FE586

 

Toxic Substances Control Act and the Lautenberg Chemical Safety Act

Federal law to regulate the manufacturing, disposing, importing, distributing, using, and processing of all toxic chemicals

FE591

Pesticide Regulations

 

Federal Insecticide, Fungicide, and Rodenticide Act

Federal law to regulate all phases of pesticide sale, use, handling, and disposal

FE588

 

Food Quality Protection Act

Overview of the amount of pesticide residue that can be legally present in/on food

FE589

 

Florida Pesticide Law

Regulations for the distribution, sale, and use of pesticides in Florida

FE590

 

Pollutant Storage Tank Systems

Regulations for tank systems that store pesticides, oils, gasoline, or ammonia or chlorine compounds/derivatives

FE613

Regulation of Wastes with Potential Impact on Water Resources

 

Resource Conservation and Recovery Act

Cradle-to-grave approach to monitoring wastes

FE583

 

Solid Waste Management

Regulations for the disposal of solid waste

FE611

 

Hazardous Waste Management

Regulations for hazardous waste management

FE612

Private Regulations

 

Private Regulation

Overview of terms related to private lawsuits concerning water resources

FE598

 

Florida Right-to-Farm Act

Law to protect reasonable farm operations from nuisance lawsuits

FE599

Supplementary Materials

 

Appendix

List of acronyms

FE615

 

Contact Agencies

Contacts of key state and federal agencies

FE616

 

Notes and Glossary

Definition of the key terms

FE617

Footnotes

1.

This document is FE579, one of a series of the Food and Resource Economics Department, UF/IFAS Extension. Original publication date October 1998. Revised August 2017. Visit the EDIS website at http://edis.ifas.ufl.edu.

2.

Michael T. Olexa, professor, Food and Resource Economics Department, and director, UF/IFAS Center for Agricultural and Natural Resource Law; Tatiana Borisova, associate professor, Food and Resource Economics Department; and Jarrett Davis, student, Levin College of Law; UF/IFAS Extension, Gainesville, FL 32611.


The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other UF/IFAS Extension publications, contact your county's UF/IFAS Extension office.

U.S. Department of Agriculture, UF/IFAS Extension Service, University of Florida, IFAS, Florida A & M University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Nick T. Place, dean for UF/IFAS Extension.