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RGrowth Management in 1 the Tampa Bay Region: A Guide for Public Involvement is ~ COASTAL ZONE -: iINFORMATION CENTER Florida Atlantic University- Florida International University � !' I"I0 ~ Sta 2 JointCenterfor ~~~4.'6 107 63Environmental and Urban Problems G76 and 1979~~~f zi 19G~~~~~~~~~~~ 796 ~Hillsborough CommunityCollege "~;~t~~~~~~~~~~~~~~~ 1979Environmental Studies Center The preparation of this handbooks supplement was financially aided by a federal grant from the Department of Health, Education and Welfare through Title IA of the Higher Education Act as part of the project "A Consortium for Fostering Public Involvement in Growth Management," undertaken cooperatively by the Joint Center and Hillsborough and Daytona Beach Community Colleges. 9 COASTAL ZONE INFORMATION CENTER 'C -~ U. K SDEPARTMENT OF COMMERE NOAA GROWTH MANAGEMENT IN COA(I~ST SiEPVACSMENT0 COENTEB NTHE TAMPA BAY REGION: CCIACITAL SERVICES CENTER I~. d iSO jC1UTH HOESON AVENUE IDE FOR PtBLIC INVOLVEMENT :'ARLESION, Sc 29405-2413 AGU OCT, Pr~~~~ operty of CSC Library o5 3 ~t, Preface This publication is both a regional supplement to and legislative update of the hand- book Growth Management in South Florida: A Guide for Public Involvement published by the Joint Center under a 1977 Title I HEA grant. Like its predecessor, it was inspired by a belief in the importance of public involvement in growth management decision-making. Selected federal and state legislation is summarized, local responses are described,' and opportunities for public participation are highlighted. We hope readers will find this supplement a useful resource. We would like to express our gratitude to all those who contributed their insight, expertise, time and effort to this endeavor. Special acknowledgement is due the HEA Title IA Policy Board, the regional advisory council, and growth management agency personnel whose guidance was indispensable. Deborah E. Athos Consortium Director Linda C. Strutt Consortium Project Coordinator Susan N. Curtis Regional Project Coordinator February 1979 TABLE OF CONTENTS PART I. OPENING REMARKS Chapter I. CONCERN OVER GROWTH: AN OVERVIEW .3 II. INTRODUCTION TO THE HANDBOOK SUPPLEMENT..7 Fostering Public Involvement in Growth Management Growth Management in the Tampa Bay Region: A Guide for Public Involvement Participation: Access and Understanding PART II. STATE LEGISLATION Ill. THE DEVELOPMENT OF REGIONAL IMPACT PROCESS ......................13 Legislative Highlights DRI Application Review Process IV- THE STATE WATER USE PLAN AND THE GENERAL PERMIT PROCESS ...............23 Highlights of the Act SWFWMD General Permitting Southwest Florida Water Resource Management Plan V. THE COMPREHENSIVE PLANNING PROCESS...........................31 Mandated Planning Required and Optional Elements of the Plan The Planning Process The Local Comprehensive Planning Process PART Ill. FEDERAL LEGISLATION VI. THE COASTAL ZONE MANAGEMENT PROGRAM.........................41. A National Policy Development of a Coastal Zone Management Program Florida's Coastal Zone Management Program VII. WATER PLANNING PROGRAMS AND THE WATER PERMIT PROCESS ...............51 Overview of the Act State and Local Programs Vill. FLORIDA'S AIR QUALITY IMPLEMENTATION PLAN AND CONSTRUCTION PERMIT PROCESS ............................58 Highlights of the Act State and Local Air Quality Programs PART IV. SUPPLEMENTAL MATERIAL CONTACT LIST .......................................67 GLOSSARY OF TERMS .............. ......................74 SELECTED REFERENCES ....................................76 STATE DEPOSITORIES IN THE TAMPA BAY REGION ......................80 iv i I - I~~~~~~~~~~~~~~44 4 4, 4~~~ ~~. 4 4 4 4 4 ~ ~ ~ ~ ~ ~ 4I 4~ I44 Chapter I CONCERN OVER GROWTH: AN OVERVIEW In recent years Americans 'have begun questioning protection of the nation's coastal resources; and the traditional association of progress with growth. control of air, noise and water pollution. Rising public concern over degradation of the This handbook will examine three major federal environment has been the major impetus behind legislative responses to the public's concern over the federal, state and local initiatives addressing the need environmental quality of life: the Coastal Zone for comprehensive growth management. Management Act, the Clean Water Act and the Clean Air Act. Federal Response In the past decade such dramatic organizational and State Response legislative actions have occurred at the federal level in It is doubtful that there is any policy area in which response to environmental problems as passage of the Florida has taken more progressive action than in the National Environmental Policy Act of 1969 (NEPA),1 area of growth management. During the decade of the which created the President's Council on Environmen- 1960's and early 1970's, Florida experienced a massive tal Quality (CEQ); creation of the U.S. Environmental population surge fueled mainly by the immigration of Protection Agency in December 1970; and passage of retirees from the Northeast and Midwest.3 This the Coastal Zone Management Act of 1972. The CZM accelerated urbanization with the resultant strain on Act is the most significant of the federal actions to date, the state's natural systems generated a reassessment of for in its comprehensiveness it most closely our pervasive enthusiasm for growth. The shift in approximates a national growth management policy attitude toward growth and the use of land in Florida and its success in encouraging state planning efforts has can be attributed in part to the growing national been outstanding. While a national land use law has concern for the environment. However, local concerns not yet been enacted, as many as 200 existing laws and were also powerful motivating forces. Floridians were programs enable the federal government to influence witnessing the visible destruction of sand dunes and the land use activities of state and local governments, shorelines, persistent water shortages, the obstruction private enterprise and individuals.2 These federal of access to long stretches of beachfront and the activities include housing and transportation programs; degradation of air and water quality. support of the use of land for open space, recreation The catalyst for definitive state action was the severe and wildlife habitation; nrotection against floods; South Florida drought of 1971. The initial state addressed the broad problems of land and water In passing the Florida Coastal Management Act of management in the state. The conference members 1978, the legislature recognized the coast as a discrete recommended the adoption of a "comprehensive land area of the state and endorsed a comprehensive and water management system that would allow the approach to the management of the state's coastal state to...[manage] its massive population growth, and resources. Federal approval of the state's program, to bring that into...[conformance] with the requirement prerequisite to the awarding of federal implementation of protecting the natural systems."4 The governor funds, will be sought during 1979. subsequently appointed a task force to draft legislation reflecting the recommendations of the conference. As a result of the governor's initiative and the task force's Local Response efforts, four major growth management bills were In recent years the Tampa Bay region has been passed during the 1972 session of the Florida legislature. experiencing the impact of continual population Two of these laws, the Florida Environmental Land and growth and economic development. Tourism, Water Management Act (ELM) and the Florida Water recreation, government, the phosphate industry and Resources Act, are included in this handbook. shipping all contribute significantly to the region's After passage of the 1972 growth management economy while at the same time placing a strain on the legislative "package," problems with the structure of area's public services and environment. Citizens of the state environmental agencies surfaced. Critics pointed four-county region have become concerned over the to the duplication of effort, lack of accountability, and threat to agricultural areas posed by encroaching fragmentation of the bureaucratic structure, particu- urbanization; considerable salt water intrusion into the larly as these problems affected the ability to protect water supply of Pinellas County; Hillsborough County's the state's natural resources. The Florida legislature substandard air and water quality; overcrowded responded with the Environmental Reorganization Act transportation facilities; and pollution of the bay, rivers of 1975 which delegated responsibility for environmen- and lakes. tal protection to two major units, the new Department Spurred by citizen concern and by federal and state of Environmental Regulation (DER) and the legislative mandates, the local governments of the Department of Natural Resources (DNR). 5 During this region have become actively involved in the same session, the legislature passed the Local development of comprehensive plans and in other Government Comprehensive Planning Act to promote activities designed to deal with growth-related orderly growth and development. problenms. In March of 1976 voters approved the water In 1975 the Florida legislature passed the management constitutional amendment enacted by "Hillsborough County Local Government Comprehen- the 1975 Florida legislature which enabled the sive Planning Act," commonly referred to as the "Little legislature to authorize the water management districts ELMS" Act, which required all local governments in to levy a tax on property. Hillsborough Countytoadopt a comprehensive plan by December 1, 1977. The Hillsborough County Planning 4DeGrove, "New Directions," p. 139. Commission was given responsibility for preparing the comprehensive plans for the county and each of its Don Morgan, "Florida's New Environmental Structure," Florida municipalities. The completed plans, known Environmental and Urban Issues III (September/October 1975): 5-6, collectively as "Horizon 2000," are designed to provide 12-13. for orderly growth in conjunction with the capital 4 Chapter I CONCERN OVER GROWTH: AN OVERVIEW In recent years Americans 'have begun questioning protection of the nation's coastal resources; and the traditional association of progress with growth. control of air, noise and water pollution. Rising public concern over degradation of the This handbook will examine three major federal environment has been the major impetus behind legislative responses to the public's concern over the federal, state and local initiatives addressing the need environmental quality of life: the Coastal Zone for comprehensive growth management. Management Act, the Clean Water Act and the Clean Air Act. Federal Response In the past decade such dramatic organizational and State Response legislative actions have occurred at the federal level in It is doubtful that there is any policy area in which response to environmental problems as passage of the Florida has taken more progressive action than in the National Environmental Policy Act of 1969 (NEPA),1 area of growth management. During the decade of the which created the President's Council on Environmen- 1960's and early 1970's, Florida experienced a massive tal Quality (CEQ); creation of the U.S. Environmental population surge fueled mainly by the immigration of Protection Agency in December 1970; and passage of retirees from the Northeast and Midwest.3 This the Coastal Zone Management Act of 1972. The CZM accelerated urbanization with the resultant strain on Act is the most significant of the federal actions to date, the state's natural systems generated a reassessment of for in its comprehensiveness it most closely our pervasive enthusiasm for growth. The shift in approximates a national growth management policy attitude toward growth and the use of land in Florida and its success in encouraging state planning efforts has can be attributed in part to the growing national been outstanding. While a national land use law has concern forthe environment. However, local concerns not yet been enacted, as many as 200 existing laws and were also powerful motivating forces. Floridians were programs enable the federal government to influence witnessing the visible destruction of sand dunes and the land use activities of state and local governments, shorelines, persistent water shortages, the obstruction private enterprise and individuals.2 These federal of access to long stretches of beachfront and the activities include housing and transportation programs; degradation of air and water quality. support of the use of land for open space, recreation The catalyst for definitive state action was the severe and wildlife habitation: protection against floods; South Florida drought of 1971. The initial state addressed the broad problems of land and water In passing the Florida Coastal Management Act of management in the state. The conference members 1978, the legislature recognized the coast as a discrete recommended the adoption of a "comprehensive land area of the state and endorsed a comprehensive and water management system that would allow the approach to the management of the state's coastal state to... [manage] its massive population growth, and resources. Federal approval of the state's program, to bring that into... [conformance] with the requirement prerequisite to the awarding of federal implementation of protecting the natural systems."4 The governor funds, will be sought during 1979. subsequently appointed a task force to draft legislation reflecting the recommendations of the conference. As a result of the governor's initiative and the task force's Local Response efforts, four major growth management bills were In recent years the Tampa Bay region has been passed during the 1972 session of the Florida legislature. experiencing the impact of continual population Two of these laws, the Florida Environmental Land and growth and economic development. Tourism, Water Management Act (ELM) and the Florida Water recreation, government, the phosphate industry and Resources Act, are included in this handbook. shipping all contribute significantly to the region's After passage of the 1972 growth management economy while at the same time placing a strain on the legislative "package," problems with the structure of area's public services and environment. Citizens of the state environmental agencies surfaced. Critics pointed four-county region have become concerned over the to the duplication of effort, lack of accountability, and threat to agricultural areas posed by encroaching fragmentation of the bureaucratic structure, particu- urbanization; considerable salt water intrusion into the larly as these problems affected the ability to protect water supply of Pinellas County; Hillsborough County's the state's natural resources. The Florida legislature substandard air and water quality; overcrowded responded with the Environmental Reorganization Act transportation facilities; and pollution of the bay, rivers of 1975 which delegated responsibility for environmen- and lakes. tal protection to two major units, the new Department Spurred by citizen concern and by federal and state of Environmental Regulation (DER) and the legislative mandates, the local governments of the Department of Natural Resources (DNR). 5 During this region have become actively involved in the same session, the legislature passed the Local development of comprehensive plans and in other Government Comprehensive Planning Act to promote activities designed to deal with growth-related orderly growth and development. problemns. In March of 1976 voters approved the water In 1975 the Florida legislature passed the management constitutional amendment enacted by "Hillsborough County Local Government Comprehen- the 1975 Florida legislature which enabled the sive Planning Act," commonly referred to as the "Little legislature to authorize the water management districts ELMS" Act, which required all local governments in to levy a tax on property. Hillsborough County to adopt a comprehensive plan by December 1, 1977. The Hillsborough County Planning 4DeGrove, "New Directions," p. 139. Commission was given responsibility for preparing the comprehensive plans for the county and each of its Don Morgan, "Florida's New Environmental Structure," Florida municipalities. The completed plans, known Environmentaland Urban Issues III (September/October 1975): 5-6, collectively as "Horizon 2000," are designed to provide 12-13. for orderly growth in conjunction with the capital 4 Chapter I CONCERN OVER GROWTH: AN OVERVIEW In recent years Americans 'have begun questioning protection of the nation's coastal resources; and the traditional association of progress with growth. control of air, noise and water pollution. Rising public concern over degradation of the This handbook will examine three major federal environment has been the major impetus behind legislative responses to the public's concern over the federal, state and local initiatives addressing the need environmental quality of life: the Coastal Zone for comprehensive growth management. Management Act, the Clean Water Act and the Clean Air Act. Federal Response In the past decade such dramatic organizational and State Response legislative actions have occurred at the federal level in It is doubtful that there is any policy area in which response to environmental problems as passage of the Florida has taken more progressive action than in the National Environmental Policy Act of 1969 (NEPA),1 area of growth management. During the decade of the which created the President's Council on Environmen- 1960's and early 1970's, Florida experienced a massive tal Quality (CEQ); creation of the U.S. Environmental population surge fueled mainly by the immigration of Protection Agency in December 1970; and passage of retirees from the Northeast and Midwest.3 This the Coastal Zone Management Act of 1972. The CZM accelerated urbanization with the resultant strain on Act is the most significant of the federal actions to date, the state's natural systems generated a reassessment of for in its comprehensiveness it most closely our pervasive enthusiasm for growth. The shift in approximates a national growth management policy attitude toward growth and the use of land in Florida and its success in encouraging state planning efforts has can be attributed in part to the growing national been outstanding. While a national land use law has concern for the environment. However, local concerns not yet been enacted, as many as 200 existing laws and were also powerful motivating forces. Floridians were programs enable the federal government to influence witnessing the visible destruction of sand dunes and the land use activities of state and local governments, shorelines, persistent water shortages, the obstruction private enterprise and individuals.2 These federal of access to long stretches of beachfront and the activities include housing and transportation programs; degradation of air and water quality. support of the use of land for open space, recreation The catalyst for definitive state action was the severe and wildlife habitation; protection against floods; South Florida drought of 1971. The initial state response was the Governor's Conference on Water 1 Management in South Florida (September 1971) which Public Law 91-190, January 1, 1970 (42 U.S.C. 4321-4347). 2National Environmental Development Association, "Seven John M. DeCrove, "Land Management: New Directions for the Facts About Federal Land Use," NEDA REPORT 1977 (Washington, States," in Urban Options I by Alan K. Campbell et al., (Columbus, D.C.: NEDA), p. 9. Ohio: Academy for Contemporary Problems, 1976), p. 139. addressed the broad problems of land and water In passing the Florida Coastal Management Act of management in the state. The conference members 1978, the legislature recognized the coast as a discrete recommended the adoption of a "comprehensive land area of the state and endorsed a comprehensive and water management system that would allow the approach to the management of the state's coastal state to...[manage] its massive population growth, and resources. Federal approval of the state's program, to bring that into.. [conformance] with the requirement prerequisite to the awarding of federal implementation of protecting the natural systems."4 The governor funds, will be sought during 1979. subsequently appointed a task force to draft legislation reflecting the recommendations of the conference. As a result of the governor's initiative and the task force's Local Response efforts, four major growth management bills were In recent years the Tampa Bay region has been passed during the 1972 session of the Florida legislature. experiencing the impact of continual population Two of these laws, the Florida Environmental Land and growth and economic development. Tourism, Water Management Act (ELM) and the Florida Water recreation, government, the phosphate industry and Resources Act, are included in this handbook. shipping all contribute significantly to the region's After passage of the 1972 growth management economy while at the same time placing a strain on the legislative "package," problems with the structure of area's public services and environment. Citizens of the state environmental agencies surfaced. Critics pointed four-county region have become concerned over the to the duplication of effort, lack of accountability, and threat to agricultural areas posed by encroaching fragmentation of the bureaucratic structure, particu- urbanization; considerable salt water intrusion into the larly as these problems affected the ability to protect water supply of Pinellas County; Hillsborough County's the state's natural resources. The Florida legislature substandard air and water quality; overcrowded responded with the Environmental Reorganization Act transportation facilities; and pollution of the bay, rivers of 1975 which delegated responsibility for environmen- and lakes. tal protection to two major units, the new Department Spurred by citizen concern and by federal and state of Environmental Regulation (DER) and the legislative mandates, the local governments of the Department of Natural Resources (DNR). 5 During this region have become actively involved in the same session, the legislature passed the Local development of comprehensive plans and in other Government Comprehensive Planning Act to promote activities designed to deal with growth-related orderly growth and development. problerns. In March of 1976 voters approved the water In 1975 the Florida legislature passed the management constitutional amendment enacted by "Hillsborough County Local Government Comprehen- the 1975 Florida legislature which enabled the sive Planning Act," commonly referred to as the "Little legislature to authorize the water management districts ELMS" Act, which required all local governments in to levy a tax on property. Hillsborough County to adopt a comprehensive plan by December 1, 1977. The Hillsborough County Planning 4De(rove "New Directions" p 139 Commission was given responsibility for preparing the comprehensive plans for the county and each of its Don Morgan, "Florida's New Environmental Structure," Florida municipalities. The completed plans, known Environmentaland Urban Issues III (September/October 1975): 5-6, collectively as "Horizon 2000," are designed to provide 12-13. for orderly growth in conjunction with the capital 4 improvements program. Concern for the county's expected in 1980. environment was demonstrated by creation of the Faced with the highest density of any county in the Hillsborough County Environmental Protection Com- state, the staff of the Pinellas County Planning Council mission (EPC). in 1967. The EPC was assigned is currently preparing the countywide General Plan responsibility for air quality rules, regulations and based upon the Comprehensive Land Use Plan adopted monitoring in 1972. in 1974. The local governments of the county are Manatee County has also responded to the need for preparing more detailed elementsto guide local growth planning and environmental protection. The Manatee and development. County Comprehensive Plan was accepted by the county commission in 1975. The county Department of Planning and Development is currently developing "A Summary Management System for Manatee County," a Actions at the federal, state and local levels of comprehensive framework for official land use government directed toward growth management decision-making. Response to the county's pollution reflect the public's concern over the difficult task of problems began early. In November 1975 the Manatee balancing the social, economic and physical demands County Pollution Control Program was created as a of an urban society while maintaining or enhancing the resultof a countywidecitizen referendum. Thecounty environmental quality of life. In addition, all levels of adopted an air pollution ordinance on December 3, government have recognized the need for continuous 1968 which received state approval in January of 1970. citizen involvement in the ongoing decision-making The Pasco County Planning Division is planning for process. This handbook is designed to promote this the needs of its citizens in the face of rapid growth. The involvement by providing the information and countywide General Plan will target the problem areas understanding essential for a meaningful public role in associated with this growth and make recommenda- the shaping and evaluation of growth management tions for their resolution. Adoption of the plan is policies. Chapter 11 INTRODUCTION TO THE HANDBOOK SUPPLEMENT FOSTERING PUBLIC INVOLVEMENT information on growth management, which key IN GROWTH MANAGEMENT governmental agencies are involved in the processes, Thishandbooksupplementisasignificantproductof and what environmental activities or policy decisions "A Consortium for Fostering Public Involvement in are occurring. In turn, the inadequacy of available Growth Management," a project undertaken jointly by information and the paucity of educational forums has Hillsborough and Daytona Beach Community Colleges led, in too many cases, to citizen indifference or and the FAU-FlU Joint Center for Environmental and frustration. Urban Problems funded by a Title IA, Higher Education The purpose of this handbook is to increase the Act grant, The program has sought to enhance the public's knowledge of growth management in Florida effectiveness of citizen input into environmental by providing a basic description of selected decision-making by establishing channels of informa- environmental laws, with particular emphasis upon tion and opportunities for the exchange of ideas among local application and the mechanisms employed for key participants in the growth management process. public participation. The availability of educational Specifically, the workshop series provided a general resources, such as this handbook, not only increases the educational forum for the discussion of environmental opportunity for the public to become knowledgeable laws, emphasizing the strengths and weaknesses of on key environmental issues, but more importantly, current public participation procedures. The monthly enhances the potential for effective involvement in newsletter has provided an ongoing informational critical decision-making processes. service to residents of Volusia and Flagler counties and the Tampa Bay region. This handbook supplement is a Scope and Application basic resource which describes local and regional This handbook is designed to provide substantive, implementation of selected key federal and state but not technical, information to the concerned growth management legislation as well as the formal public-the individual, citizen group or representative and informal procedures for public involvement. oftheprivatesecto~rwhohasadeveloped interestin this subject area. It briefly reviews six key federal and state laws and describes the impact of their implementation GROWTH MANAGEMENT IN THE TAMPA BAY on the four counties of the Tampa Bay region. REGION: A GUIDE FOR PUBLIC INVOLVEMENT The number of laws addressed was limited in order to facilitate a reasonably in-depth examination within the Purpose of the Handbook Supplement bounds of time and cost considerations. Current and The complexity of urban problems has made public future impact and regional applicability were the access to the growth management decision-making criteria for selection. The federal legislation addressed process extremely difficult. Despite legislative recogni- includes the Clean Air Act, the Federal Water Pollution tion of the need for effective public involvement in Control Act and the Coastal Zone Management Act. governmental policy-making, citizens generally remain State legislation considered includes the Land and uninformed as to how or where to acquire background Water Management Act, the Water Resources Act, and 7 the Local Government Comprehensive Planning Act. The list of selected references includes legal citations While these laws do not represent the only important of the laws examined in the handbook, relevant federal and state responses to the public's concern over governmental publications, key works in the field of growth, they do provide an adequate framework for growth management, and articles relating to the Florida understanding the complex issues and legal and regional experiences. interrelationships involved in developing a national, Part IV also lists those local libraries which maintain state-supportive, growth policy. Special emphasis has all state documents, studies and plans required by law been placed upon regional responses to and impact of to be made available for public review, as well as these selected laws. A somewhat more detailed account federal and local documents. of the federal and state legislation is provided in the Joint Center's 1977 Title I HEA handbook entitled How to Use the Handbook Growth Management in South Florida: A Guide for As previously stated, this handbook is designed to be Public Involvement. either an introductory guide to key federal and state legislation and its significance for the Tampa Bay region Organizational Framework and its residents, or a convenient reference for a Inordertoenhancetheusefulnessofthismanual, the particular law or contact source. To maximize the chapters have been group-:'. into sections on the basis utility of the glossary of terms found in Part IV of the of their overall focus. handbook, all words included in the glossary are Part I provides the reader with a brief overview of italicized in the text when first used. This approach not growth management, the purpose and scope of the only alerts the reader to terms defined in the glossary, handbook, basic instructions on use of the handbook, but also reduces the number of footnotes found within and the highlights of current public participation the text. Footnotes have been limited to explanatory mechanisms. notes and source citations. The three chapters of Part II address the state laws, while Part III presents summary discussions of the federal legislation. These legislative chapters include PARTICIPATION: ACCESS AND UNDERSTANDING legal citations for reference purposes. The major In each of the following chapters major emphasis is portion of each legislative chapter is devoted to placed on both the formal and informal opportunities application in the Tampa Bay region. Where beneficial, for public involvement in selected growth management graphics are used to illustrate implementation processes. The purpose and design of this handbook processes and geographical boundaries. strongly reflect the belief that interested individuals The final section includes a contact list, a glossary of and groups must involve themselves continuously from terms, selected references and a list of state the beginning to effectively impact a given growth depositories in the region. The contact list is provided management process. The closing section of this to aid the reader in obtaining additional information; it chapter provides the reader with a brief perspective on indicates the appropriate contact for requesting how to participate in the policy-making processes placement on mailing lists, specific information on affecting the future environment and the nature of upcoming events, and the like. growth in the Tampa Bay region. As you read each of The glossary is composed of key terms found in the the legislative chapters please note the opportunities laws or regulations. Words included in the glossary are available for public involvement, for only through cross-referenced in the text of the handbook, broadly-representative citizen input can the legislative 8 intent underlying provisions for public participation be the environment imperative. realized. All laws included in this handbook contain provisions The State Water Use Plan and the for public participation. Public hearings, whether General Permit Process mandatory or requested, must allow for public The objective of the Southwest Florida Water comment. Timely and prominent public notice is Management District's District Water Management required for any public hearing. Proposed plans and Plan-78 (DWMP-78) is the health, safety and general regulations must be made available for public review in welfare of the public. The response of local citizens to the affected area. In addition to the general legislative the district's request for participation in the provisions for citizen participation, agencies respon- development of the DWMP-78 included the expression sible for enforcement or implementation are of important ideas and suggestions, review of the plan encouraging a greater role for the public through the and attendance at public hearings. In response to this use of advisory committees and task forces. The reader active participation, DWMP-78 was drafted to reflect will discover that the opportunities for public many of the public's concerns and viewpoints regarding involvement are numerous and the initiative required the proper management of water resources. is reasonable. Avenues for public participation in the district's permitting process include hearings before the The Development of Regional Impact Process governing board; mailing lists for governing board Specific opportunities for involvement in the DRI 1 minutes, agendas and news releases; notification, upon process include public hearings atthe local government request, of pending applications affecting a designated level after due notice and formal review at the regional area; and access to district permit application files. In level during regularly scheduled regional planning addition, creation of a telephone information hotline is council (RPC) meetings. An individual may receive being considered. further information by requesting copies of the DRI Because the geographical distribution of the water weekly lists, RPC reports and development orders. resources of the region is inequitable, with coastal Individuals are also encouraged to participate on counties water-poor and central counties water-rich, it committees which advise the regional planning council is mandatory that these resources be regulated and on various issues considered in the DRI review, such as managed fairly. Inter-county competition should abate coastalzoneandwaterqualitymanagement. as the planning and management of water resources The DRI process is of importance to the Tampa Bay becomes an integral part of comprehensive regional residents because it furnishes a regional perspective on planning. Implementation of the DWMP-78 and currentandproposeddevelopmentactivities. Between subsequent monitoring will require close public July 1973 and July 1978, 48 DRI applications for the scrutiny. four-county area were filed with the Tampa Bay Regional Planning Council. This level of growth and The Comprehensive Planning Process development renders consideration of the impact on The comprehensive planning processes in Pasco, transportation facilities, public service functions and Pinellas, Hillsborough and Manatee counties have provided several opportunities for citizen involvement DRIs are primarily large construction projects which could in the development of growth management policy. significantly affect the residents of more than one county. See Having adopted its comprehensive plan in chapter III for a more detailed explanation of DRIs. December 1977, Hillsborough County is currently 9 holding sector (small neighborhood) meetings to agencies, port authorities, soil and water conservation develop more detailed plans. The extent of citizen districts, the SWFWMD, and county pollution control participation in these meetings has varied from sector agencies) furnished the CAC with technical expertise in to sector. identifying coastal zone problems and related issues, Manatee County has conducted steering committee and provided input into policy recommendations de- "workshops" to involve public officials, community signed to alleviate problems. The TBRPC staff reviewed and business leaders and neighborhood residents in the state-produced technical documents concerning the planning process. coastal zone, weekly meetings of the CAC and TAC Pinellas County, with twenty-four incorporated were held to review the draft proposals, and regional municipalities and widely-scattered unincorporated coastal zone policies were developed. All of the efforts areas, has used the local governments as vehicles for by citizens and technical committees, regional plan- public involvement in the county's comprehensive ning councils and state staff culminated in the Legis- planning process. In the larger municipalities citizen lative Draft of the Florida Coastal Management advisory committees meet to review findings and make Program which was the basis of the coastal manage- recommendations. Local and county public hearings ment bill presented to the 1978 Florida legislature. are also held. Citizen participation is becoming a more significant Federal Regulatory Legislation aspect of Pasco County's planning process. The ideas The Clean Air Act Amendments of 1970 and 1977 and expressed in numerous public meetings are being the Federal Water Pollution Control Act Amendments incorporated into the General Plan. of 1972 and 1977 have significant regulatory effectson Citizen participation has been a key element in the air and water quality of Manatee, Pasco, Pinellas drafting and revising the local comprehensive plans for and Hillsborough counties. Both acts include only the Tampa Bay region. As a general rule, where citizens general provisions for public participation, requiring became actively involved in the planning process at an the Environmental Protection Agency (EPA) and the early stage the final draft has enjoyed wider states .to "provide, encourage, and assist" public acceptance. participation. EPA and Florida's Department of Environmental Regulation (DER) have met this The Coastal Zone Management Program responsibility by incorporating specific provisions into The Coastal Zone Management Act of 1972 their permitting systems. The mandatory public notice authorizes federal funding to assist states in developing of permit applications and 30-day public comment and implementing programs to manage their coastal period afford citizens an opportunity for input into the areas. Florida residents were given the opportunity to decision-making process. Tampa has been designated serve on advisory committees, attend workshops and by EPA as an area for concerted public participation actively participate in developing a coastal zone plan programs on air quality. Water planning programs for the state. have involved citizens through advisory committees at During 1974 The Tampa Bay Regional Planning both the local and regional levels. Nonattainment Council (TBRPC) was primarily involved in extensive designations for both air and water quality have already data collection which resulted in the Region 8 CZM been assigned to several communities in the Tampa Bay Atlas. Citizen and Technical Advisory Committees region. In view of the rapid growth of the area, (CAC and TAC) were also established during this first monitoring of air and water quality by a concerned year. The TAC (representatives from local planning public is crucial if further pollution is to be avoided. 10 j a~~~~~~~~~~~~~~~ Chapter III THE DEVELOPMENT OF REGIONAL IMPACT PROCESS From The Florida Environmental Land and Water Management Act of 1972 Chapter 380, Florida Statutes LEGISLATIVE HIGHLIGHTS not all projects in these categories will be designated as DRIs since threshold and location criteria are employed to further define which projects qualify. The twelve Purpose of the Act (Section 380.021) development types are: It was the legislature's intent that the state establish Airports land and water management policies to guide and Attractions and Recreational Facilities coordinate local decisions relating to growth and Transmission Lines development. Implementation of the policies was Hospitals made the responsibility of local governments, to be Industrial Plants and Industrial Parks handled by existing legislated processes to the Mining Operations maximum extent possible. The goals include protection Office Parks of the environment and natural resources, reversal of Petroleum Storage Facilities water quality deterioration, optimum utilization of Port Facilities limited water resources, and orderly and well-planned Residential Developments development. The law also provides for the protection Schools of private property rights. Shopping Centers Definition of a DRI (Section 380.06(1)) Binding Letter of Interpretation A development of regional impact (DRI) is defined in (Section 380.06(4)) the law as "any development which, because of its If a developer is in doubt as to whether his proposed character, magnitude, or location, would have a development qualifies as a DRI, whether his rights are substantial effect upon the health, safety, or welfare of vested pursuant to subsection (12),1 or whether a citizens of more than one county." Subsection (12) of section 380.06 provides that if a developer, by Guidelines and Standards (Section 380.06(2)) his actions based on prior regulations, has been authorized to develop before the effective date of the Rules of the Administration Commission, he has obtained "vested" or legal rights that in law Code, there are twelve types of projects presumptively would prevent a local government from changing those defined as developments of regional impact. However, authorizations in a way adverse to his interests. 13 proposed substantial change to a previously vested DRI by the regional planning agencies. The rules, adopted would divest such rights, he may request a pursuant to chapter 120, the Administrative Procedure determination from the Division of State Planning Act, must prescribe all forms, application content and (DSP). Within 60 days DSP will issue a binding letter of review guidelines necessary to implement DRI review.2 interpretation with respect to the proposed Regional planning agencies are subject to rules development. This letter of interpretation is binding on adopted by DSP but they may adopt additional rules all state, regional and local agencies as well as the pursuant to chapter 120 to promote efficient DRI developer. review. The initiation of many approved DRIs was delayed by A network of eleven regional planning councils the construction slowdown in Florida in 1973-4. When (RPCs) has been delegated the responsibilities assigned they were ready to begin construction, developers often by the act to "regional planning agencies." RPCs are found their development orders irrelevant for the new created by interlocal agreement and are governed by market conditions. As a result, the 1977 legislature representatives of member local governments (usually added to chapter 380 criteria for determining the need elected officials) in each multi-county area. While the to submit proposed changes to the DRI process. final decision regarding a DRI application rests with the In determining whether a proposed substantial local government in whose jurisdiction the proposed change to a previously vested DRI would divest those project would be located, the RPC review is intended to rights established pursuant to subsection (12), DSP identify and attempt to settle regional concerns.3 must review the proposed changewithin the context of: 1) Its conformance with any adopted state com- prehensive plan and any rules of DSP PublicParticipation(22F-1.12) Public participation is an integral part of the DRI 2) All rights and obligations arising out of the vested process. Each agency having statutory or contractual status of the development responsibilities relating to that process should 3) Permit conditions of requirements imposed by the encourage public communication and input, and keep state Departments of Environmental Regulation and of the public fully informed about the status and progress Natural Resources, by any water management district, of agency actions. These actions include: petitions for or by any appropriate federal regulatory agency binding letters of interpretation; adoption, revision and repeal of rules; receipt of notice of intent to undertake a 4) Any regional impacts arising from the proposed DRI in an unregulated jurisdiction; receipt of DRI in an unregulated jurisdiction; receipt of notification of applications filed for development approval for DRls; and proceedings relevant to DRls. If a proposed substantial change to a DRI previously approval for DR; and proceeding relevant to DR vested would result in reduced regional impacts, the change does not divest rights to complete the development. 2These rules are embodied in chapters 22F-1 and 22F-2, Florida Administrative Code. Adoption of Rules (Section 380.06(14 a,b)) Earl G. Gallop, "The Florida Environmental Land and Water The Division of State Planning must adopt rules to ManagementActof 1972: A Partially Fulfilled Expectation,"F/orida insure uniform procedural review of DRIs internally and Environmentaland Urban Issues VI (November/December 1978): 7. 14. FIGURE 1: REGIONAL PLANNING COUNCIL BOUNDARIES 1!v _ | HOLMES G ER I " >/)SANTA ROSA OKALOOS WALTON."- J JACKSON ........ ?A IAS t I % {WASHINGOTON -l _GADSDEN L -- i HAMILTON --- /Pensacola,_ ,g- E CYALHOUI L... LEON MADISON A' ,aclksonville BAKER < WLE FRANKL~aTAYLOR \OE1 3 J CLAYLOz F L S L _ FAPL - District BoundariesSCO - - ----._ * Regional Planning Agency HILLSHOROUGH OSCEOLA - LEGENR IFRANKLI i L aAF YTT 5 Withlacoochee Regional Planning CoUNcil District: District PlanningiAgencya: PePlrabnnin C Bartow LE I INDIAN 1 West Florida Regional Planning Council VE 2 ATalachee Regional Planning Council EE ST HLIER ROORARO 3 North Central Florida Regional Planning Council DESOTO _ MARTIN 4 Northeast Florida Regional Planning CouncilHARLOTT GLADES 5 Withlacoochee Regional Planning Council 10 6 East Central Florida Regional Planning Council L HENRY PALM BEACH 7 Central Florida Regional Planning Council 8 Tampa Bay Regional Planning Council 9 Southwest Florida Regional Planning Council J 11U 10 Treasure Coast Regional Planning Council Miami 1 1 South Florida Regional Planning Council \MNRO DEPARTMENT OF ADMINISTRATION MULTI COUNTY PLANNING DISTRICTS L e EFFECTIVE JULY 1, 1978 source: Department of Administration, Division of State Planning 15 Administrative Procedure Act (Chapter 120) approval (ADA) with the appropriate local government As revised by the 1978 legislature, the Administrative and regional planning agency (TBRPC) and with the Procedure Act (APA) standardizes the rulemaking and Florida Division of State Planning (DSP). TBRPC adjudicatory procedures of state administrative requires the developer to also send copies to the agencies. Procedures for the issuance of permits and Southwest Florida Water Management District orders (final agency decisions), as well as the adoption (SWFWMD), the Department of Transportation, the of rules, are set forth in the act. Department of Environmental Regulation, and the Both a formal and an informal procedure are detailed Florida Division of Archives, History and Records for rendering decisions which affect substantial Management for their review. interests. Generally hearings are quasi-judicial in If a proposed development is planned for staged nature: a hearing officer is appointed to preside over development over an extended period of time, the the hearings, issue subpoenas, administer oaths and developer may file an application for master develop- take testimony. The hearing officer's recommended ment approval of the project and agree to present sub- order must include findings of fact based exclusively sequent increments of the development for precon- upon evidence of record, conclusions of law and struction review. This agreement must be entered into interpretation of administrative rules. (120.57) bythe developer, the regional planning agency and the Final state agency decisions are subject to judicial appropriate local government. (380.06 (13b)) (22F-1.24, review in the appropriate district court of appeal as set F.A.C.) forth in the APA (120.68). The court must review the The local government may require further review of a order, or other decision, based on records compiled previously approved DRI if the developer proposes a during the administrative process and determine if the change which would result in a "substantial interpretation of the law is accurate, if the action is deviation" from the terms of the original development within the authority delegated to the agency by law and order.4 Specific criteria for determining the need for if it is in violation of any law or agency rule. Findings of further review are provided in the statute. The fact supported by competent and substantial evidence developer or other substantially affected party must be may not be disturbed by the court. affordedareasonableopportunitytopresent evidence. (380.06 (7g,h)) (INFORMAL) The Division of State Planning publishes a bi-weekly DRI list. TBRPC will provide a DRI APPLICATION REVIEW PROCESS complete listandstatusreviewoftheDRI applications (Section 380.06(6)-(11)) in the region upon request. Interested persons may The following step-by-step procedure includes both consult either source for information on DRI projects. the formal requirements under chapter 380 and the administrative code and informal participation procedures established by the Tampa Bay Regional 2. Information Review Planning Council (TBRPC). (FORMAL) After the ADA has been filed, the regional 1. Application for Development Approval 4 "Substantial deviation" is defined in the statute as any proposed (FORMAL) When a project qualifies as a DRI, the change which is likely to result in additional adverse regional impact developer must file an application for development or a previously unreviewed regional impact. 16 planning council (RPC) begins preparing a report and depending upon which local government is holding the recommendations on the proposed DRI, based on hearing. information submitted by the developer. At this point the TBRPC staff conducts an initial technical review and site inspection. A preliminary review letter is sent to 4. Preparation of impact Report the applicant within the first 15 working days of receipt (FORMAL) Within 5 days a fter receipt of the of the ADA indicating particular issues of regional hearing notice the regional planning council is concern generated by the project and any additional the information derequired to prepare and subm it to the local government information deemed necessary for final review of the a report and recommendations on the regional impact ADA. The agencies reviewing the application (FDOT, ADA. T he agencies reviewing the application (FDOT, of the proposed development. In preparing the impact Division of Archives, DER, and SWFWMD) are report the regional planningcouncil must consider and requested to comment within the 15-day review determine the extent to which the development: process. Appropriate agency requests for additional information are incorporated into the preliminary e will impact upon the environmental or natural review letter. The developer has five working days to resources of the region indicate in writing to the RPC and local government his a will impact upon the economy of the region intent to submit the additional information requested. * will affect the efficiency of public facilities in the (22F-1.20) area e will create an additional demand for or use of (INFORMAL) In an effort to maximize cooperation energy with the developers, the TBRPC, upon request of the * will affect the existing housing market applicant, will set up a preliminary issue meeting during * will affect the efficiency of public transportation the information review period to provide an facilities opportunity for the early resolution of problems. e will comply with other criteria adopted by the regional planning council pursuant to section 120.54, the APA. (380.06) (8)) 3. Notice of Hearing (FORMAL) Once the regional planning council has (INFORMAL) While the report is being prepared the given written notice to the local government that TBRPC staff welcomes any additional information on adequate information has been received, the local the proposed development. The staff conducts government is required to schedule a public hearing. meetings as necessary to try and resolve any technical Notice must be published at least 60 days in advance of problems. At least ten days prior to the RPC meeting, a the hearing and also sent to DSP and the regional draft of the staff report is sent to the council, the planning council. If the proposed development is developer/owner and any interested agencies who within the jurisdiction of more than one local request copies or have supplied comments on the government, the local governments, at the request of project. Interested persons may request a copy of the the developer, may hold a joint public hearing. staff report. (380.06(7f)) The TBRPC takes action on the report at its regular meeting on the second Monday of each month. The (INFORMAL) Where informal procedures do exist meetings are open to the public and those interested in (i.e., special letters of invitation, etc.), they vary participating are afforded a reasonable amount of time 17 to present oral testimony or to offer written materials. with local land use regulations, and is consistent with After the council has taken final action on the report, it the regional planning council's impact report and is submitted to the local government, the developer and recommendations. (380.06(11)) The local government any interested agencies. Individuals may request a decides the most appropriate way to address the copy of the final report for use as background expected impact of the development: by attaching information at the local public hearing. conditions to the D.O. or through local facility and service planning.6 5. Public Hearing (INFORMAL) Interested persons or groups may (FORMAL) A public hearing is held after the impact request TBRPC or the local government to send them a report has been transmitted to the local government. copy of the development order. Such local government hearings are usually legislative in nature, which means they are structured to receive individuals' opinions informally. However, the 1977 7. The Appellate Process amendments to chapter 380 have instituted a transition (FORMAL) Within 45 days after the D.O. is issued, to more formal, quasi-judicial proceedings, bringing the either the property owner, the developer, DSP and/or review process under the revised Administrative the regional planning council may appeal the order to Procedure Act and mandating that the development the Florida Land and Water Adjudicatory Commission order include findings of fact and conclusions of law. (FLWAC) which consists of the governor and cabinet (the Administration Commission). The filing of an appeal stays the effectiveness of the development 6. Issuance of the Development Order order. Prior to issuing an order the FLWAC holds a (FORMAL) Within 30 days after the hearing, the local hearing. Under the provisions of the Administrative government is required to issue a development order Procedure Act, these hearings are formal, quasi-judicial (D.O.)-a written decision on the proposed de- proceedings, with notice of each hearing published in velopment-unless an extension is requested by the the Florida Administrative Weekly. 7 developer/owner. The order must be sent to DSP, the The FLWAC must issue a decision on the proposed regional planning council and the developer/owner. It development, to which conditions and/or restrictions must include findings of fact and conclusions of law. may be attached (380.07(4)). Decisions reached by (380.06(7)(e)) FLWAC are subject to judicial review by the appropriate In making this decision-approval, denial, or district court of appeal based on records compiled approval subject to conditions, restrictions or during the administrative process (120.68). limitations-the local government is required to In 1978 the legislature enacted the private property consider whether and to what extent the development rights bill (SB 261), incorporating the common law interferes with the objectives of the state land development plan applicable to the area,5 is consistent Gallop, p. 8. 5 7 The state comprehensive plan was adopted by the legislature in This publication is available at libraries designated as state 1978. depositories. 18 remed y of inverse condemnation into several state party will be awarded court costs and attorney's fees. statutes. Substantially affected persons may seek (380.085) (78-85) review of the FLWAC decision (final state agency decisions) in the appropriate circuit court on the basis of unreasonable exercise of the state's police power (INFORMAL) The TBRPC's decision whether or not constituting a taking without just compensation. to appeal the development order to the FLWAC is made Requests for review must be filed within 90 days of the at a regularly scheduled council meeting within the (FLWAC) decision and may include a request for 45-day period. Those interested in the DRI may offer monetary damages and other relief. The prevailing their comments at this public meeting. IF YOU WOULD LIKE TO RECEIVE THE DRI LIST, NOTICE OF MEETINGS, COPIES OF STAFF REPORTS OR DEVELOPMENT ORDERS, OR INFORMATION ON A SPECIFIC DRII, SEE THE CONTACT LIST FOR THE TAMPA BAY REGIONAL PLANNING COUNCIL. 19 FIGURE 2: THE DRI REVIEW PROCESS Procedural Time Sequence Sequence Application for Development Approval (to ~~~~1 l~ocal government, TBRPC, SWFWMD, DSP and other agencies) TBRPC Information Review I Initial staff technical review and site inspection 15 working __~~~~~~~~~~__ ____ days Letter to applicant and local government indicating information deficiencies and regional issues 2 Applicant provides written intent to/not to respond 5 working days 'TBRPC'~'~' Local I Additional information received by TBRPC Written notice to local gov't to set public hearing Set Public Hearing/Give Notice | 3 Notice received by TBRPC 60days _] _ _ _ _ - E ~~(50 days for - - - - - - ~~~~~~~~~~~~~~~~~~~~~~~internal IMPACT REPORT PREPARATION internal processing) 4 Final staff tech- Report Staff report mailed nical review and _ Preparation - to TBRPC, applicant site inspection and DSP 20 Figure 2 - continued Procedural Time Sequence Sequence TBRPC REPORT ISSUED Council Report submitted to local action gov't, applicant and DSP I~~~~~~~~ Local Government Public Hearing 3 30 days ____-- ------ Development Order Issued by Local Government - I D.O. received by Division of State Planning, ] TBRPC and developer/owner 6 45 days RPC staff Report Staff report mailed review of Pr eparation to TBRPC, appli- D.O. cant and DSP - 1 I~~~~~~ No Appeal Filed by DSP, j Appeal TBRPCor Developer/Owner I APPEAL DECISION ISSUED BY FLWAC (If issues are not resolved and an appeal settlement ratified) I ____________ ' ~~~~~~judicial review of FLWAC decision *The remaining steps are optional 21 Chapter IV THE STATE WATER USE PLAN AND THE GENERAL PERMIT PROCESS From the Florida Water Resources Act of 1972 Chapter 373, Florida Statutes HIGHLIGHTSCOF THE ACT Department of Environmental Regulation (DER). The act authorized DNR (now DER), to delegate its authority to the governing boards of the water Introduction management districts, which now handle these duties. Because the waters of Florida are among its basic resources and because they had not been conserved or fully controlled so as to realize their full beneficial use, Scope of the Act (Section 373.023) the 1972 Florida legislature declared a policy (373.016) All waters in the state are subject to the regulations of to : the Water Resources Act unless specifically exempted by general or special law. 1) Manage water and related land resources No state or local agency may enforce any special act, 2) Promote conservation, development and proper rule, regulation or order affecting the waters in the state utilization of surface and ground water which are controlled under the provisions of this act1 3) Develop and regulate dams, impoundments, until it has been filed with DER. reservoirs, etc. and provide water storage for beneficial Each water management district has the right of purposes eminent domain.AII other state and local government 4) Prevent damage from floods, soil erosion and agencies and private utilities having the power of excessive drainage eminent domain must notify the governing board of the 5) Preserve natural resources, fish and wildlife a portexwaercisinagemn ditrict beorer 6) Promote recreational development, protect eecsn htpwr public lands and assist in maintaining the navigability of Ohrwiveprooetehahsaft andhabr State Water Use Plan (Section 373.036) 7) Oterwie proote he helthsafet andThe act authorized DER to study: existing water generl welare f thepeopl of his sate.resources in the state; methods for conserving and The Florida Department of Natural Resources (DNR) developing these waters; existing -and contemplated was given original authorization for the conservation, protection, management and control of the state's waters. Pursuant to the Environmental Reorganization1 Act of 1975, authority was transferred to the Except with respect to water quality. 23 needs and uses of water for protection and procreation within the district. They are appointed to four-year of fish and wildlife, irrigation, mining, power terms by the governor, subject to senate confirmation. development, and domestic, municipal and industrial uses; and other related subjects, including drainage, reclamation, floodplain zoning and selection of reservoir sites. DER is required to cooperate with the Division of Declaration of Water Shortage or State Planning to formulate, as a functional element of Emergency (Section 373.246) a comprehensive state plan, an integrated, coordinated The district governing boards are authorized to plan for the use and development of the waters of the declare that a water shortage exists within all or part of state, to be known as the state water use plan. the district. The boards or the Department of Neither DER northe water management districts may Environmental Regulation must formulate a plan to be adopt or modify the state water use plan or any portion implemented during such periods of water shortage. As thereof without first holding a public hearing. part of this plan, each governing board or DER must adopt a reasonable system of permit classification based on the source of water supply, method of Creation of Water Management extraction or diversion, use of water, or a combination Districts (Section 373.069) thereof. The governing board may impose such Under the act, every part of the state falls within the restrictions on one or more classes of permits as may be boundaries of one of five water management districts, necessary to protect the water resources of the area established in recognition of the regional variety in from serious harm and to restore them to their previous magnitude and complexity of water resource problems. condition. The four-county Tampa Bay region is encompassed within the Southwest Florida Water Management District (SWFWMD). 2 As authorized by the act, the district governing board has designated six subdistricts, or basins.3 Basin boards, Taxation Power (Section 373.503) composed of representatives of each member county Unless otherwise provided by general or special law, appointed by the governor, meet monthly to conduct water management districts may, upon approval of water district business at the local level. (373.0693) their electorates, levy ad valorem taxes. On March 9, 1976, Florida voters approved the water management constitutional amendment enabling the legislature to Governing Board (Section 373.073) authorize water management districts to levy up to a The governing board of each water management one mill tax on property-25 percent for the district is composed of nine members who must reside district-at-large and 75 percent for basin purposes. 2Manatee County became part of SWFWMD in January 1977 pursuant to the 1976 amendments to chapter 373. 3The basins in this district include Withlacoochee, Coastal Springs, Tampa Bay, Green Swamp, Peace and Manasota. 24 FIGURE 3: WATER MANAGEMENT DISTRICT BOUNDARIES / ~ics~~~ . / 'HOLMES 'GE0,GI ',: SANTA ROSA OKALOOSA WALTON ' j * JACKSON - _. . NASSA NASSA" ) , WASHINGTON --' . SADSOEN / AMILTON - a _A 1;, B-AAL LEON ) / MADISON / ICALHOUNR V DoJYL L I MERTY\ WAKULLA /'" Uw- .TA LOR ICY ST.O GULF .FRAK LAFAYETTE JONS /W J-UMTE ASEMINOLEI L~ ~ ~ E GENDLLERVYN ? ~~-a.n~~~~~~ MARION i EI JILLSBOROUGH 05CE vOLuSIA S outh Florida WD LAKE C ITRUS UTE F SUMTE :SEMINOLE\. L HERNANDORY PALM BEACH LEGEND - Approiemate District Boundaries HLOUHSL (EFFECTIVE JAN. 1 1977) NRIVER Ce~ ~~~~~~~~~~ St. Joahns River WMD MANAV~TEE ~E2 A Southwest Florida W.MD - .E EST2 E South Florida WMD IND IN C C"ARLOOTE GLAES CEE ~--~~AEE' HLEE HENOR Y PALM REACH SSourCe: DEPARTMENT OF EVIROMENTAL REGULATION - DEPARTMENT OF ENVIRONMENTAL REGULATION C H .. WATER MANAGEMENT EISTRICTSR-FINAL PLAN TON (EFFECTIVE JAN. 1, 1977) - "~"o"�~:- 25 SWFWMD GENERAL PERMITTING board accompanied by the appropriate supporting In accordance with section 373.113, the Southwest documentation and processing fee. Florida Water Management District established regulations to effect the maximum beneficial utilization and conservation of the waters of the district 2. Information Review by regulating and controlling the uses of these waters. application and request additional infom (16 -0.01) application and request additional information from V{(16J-0.01) the applicant (120.60). If the application is not complete, an attempt is made to contact the applicant by telephone (three days) before the application is returned for insufficient information. The applicant is According to chapter 373, Florida Statutes and given ten days in which to respond; extensions may be chapter 16J, Florida Administrative Code, a permit may granted if the applicant shows a "good faith effort" to be required to: supply the required information. 1) Withdraw water in the district (16J-2.03 & 2.04) 2) Construct, repair or abandon a water well 3. Technical Evaluation (16J-3.01) The information on the application is processed by 3) Construct, alter, abandon or remove any dam, an automated data processing system which evaluates impoundment, reservoir,appurtenant work, or works in the impact of the request on the total water crop for the the district. (16J-2.11 (10)) affected area, impact on wells in the surrounding area, 4) Connect to, withdraw from, discharge -to, place and other potential effects. Any significant problems or or remove construction within or acre or herwise areas of concern are brought to the attention of the make use of works of the district. (16J- 95) applicant for resolution. The actual need for a permit is determined on the basis of size (volume of water, well diameter, acreage 4. Notice of Application (16J-2.08) affected) and location criteria. During the evaluation stage the district publishes SWFWMD requires the applicant to determine the notice of the permit application in a newspaper of lowest quality of water suitable for the use for which general circulation-at least once a week for two application is being made. (16J-2.11 (10)) consecutive weeks prior to the board meeting at which action is expected to be taken. At the same time copies General Permit Procedure of the notice are sent to substantially affected persons, The following procedure is employed by SWFWMD who are entitled to request a hearing or file written to process applications for consumptive use permits objections with the district. Any person who has filed a (CUP). Essentially the same procedure is followed in written request for notification of pending applications processing other types of permit applications. affecting the particular designated area within the previous six months is also sent a copy of the notice. 1. Application for Permit The notice specifies a deadline for filing written Applications for permits must be filed with the objections (at least 14 days after first publication of the district on the proper forms provided by the governing notice). 26 5. Staff Report 7.GoverningBoard Issues the Order Once the technical evaluation has been completed, The governing board must make the final an internal staff review is conducted to assure determination on the application within 90 days after consistency and to gather the information needed to receipt of the application. Whenever a public hearing is prepare the governing board agenda. If objections have held this 90-day period is extended. In making its been filed, a conference is scheduled between the determination, the board considers the staff applicant and the objecting party to discuss and recommendations, public input, the hearing officer's attempt to resolve the objections. The completed staff report and written objections to the report. If the perm it report is made available to the public. is denied, the board must state the grounds for denial. 6. Public Hearings The board must hold a hearing on permit applications when required by law or when a substantially affected person makes a timely request or at the discretion of the 8. Appeals Procedures board. The governing board of SWFWMD requires a Section 373.114 provides for an administrative review public hearing on all consumptive use permit of any rule or orderof the water management district by applications. Hearings before the board must be the Land and Water Adjudicatory Commission quasi-judicial, conducted in accordance with district (FLWAC) to insure compliance with chapter 373. A rules and chapter 120, the APA.4 While a hearing officer substantially affected party, the governor and cabinet, may be appointed, SWFWMD's governing board the secretary of DER, or the Environmental Regulation usually conducts the hearings itself. Those applications Commission may file a request for such a review with to which no objections have been filed are summarized FLWAC at any time. Such administrative review is not a by the staff for presentation to the board and the public. precondition to seeking judicial review. Those applications with filed objections are presented Water management decisions, as final state agency in greater detail noting the results of the conference actions, are subject to judicial review in the appropriate between the applicant and objector(s) and the method district court of appeal (120.68) and to circuit court of resolution. Following comments by the public, the reviewon the basisof takingwithout just compensation staff recommendation is presented. (373.617 and 78-85).5 5See p. 16 for a description of judicial review under chapter 120 and p. 18 for more information regarding circuit court review under 4See p. 16 for a discussion of quasi-judicial hearings. chapter 78-85. 27 FIGURE 4: SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S GENERAL PERMIT PROCESS Procedural Time Sequence Sequence I ApplicationforaWater Permit Submitted I ISWFWMD Information Review j30 days Districtnotifiesapplicantof 2| need for additional information | I 10 days Applicant provides written intent to/not to respond I Technical Evaluation by Staff 3 i,,* j optional 21 procedures 28 FIGURE 4-continued Procedural Time Sequence Sequence Notice of Permit Application Published at least 14 Notice sent to persons Coissn odays prior Copies sent to dy ro 4 whose "substantial those who have to board interests" are affected uested notification meeting deadline at least 14 LR? 4u~~<~ ~ ~i Idays after I~?r~1i~ obj~zfi~ob~ notice Staff Report made available tothe public I; 30 days 6 jW~jtt t~<tIoi~s to hel 10 days Governing Board 7 Issues the Order 8 I t 29 SOUTHWEST FLORIDA WATER 1) Manage the resource in order to assure water RESOURCE MANAGEMENT PLAN supply for all reasonable human needs in the district Section 373.036 of the Water Resources Act requires 2) Guarantee all areas that their projected water the preparation of astate water use plan.The Southwest supply needs will be met throughout the planning Florida Water Management District submitted its period portion* of the state plan to the Department of 3) Conserve and/or maintain natural systems at an Environmental Regulation in January of 1978. The plan, acceptable level of quality. entitled District Water Management Plan -78 (DWMP-78), is the result of five years of research, SWFWMD has developed three types of water supply coordination, planning and review. In preparing the development plans. The "Basin Alternative" indicates DWMP-78,SWFWMD sought information from the U. S. the measures that would be necessary to supply the Department of the Interior, the state Departments of needs of each basin from resources within that basin. Environmental Regulation and of Natural Resources, The "Regional Alternative" presents the methods which the Division of State Planning, water authorities, local would be necessary if the regional supplies and governments, planning councils, engineering firms, demands of several basins were considered in phosphate interests, the utility industry, citrus interests, combination. Two "District Alternatives" identify the newspapers and others. Public hearings were held as methods which would be required to meet demands of required by law. the district as a whole. These plans are projected to The DWMP-78 represents the needs, resources and meet water demands of the area to the year 2020. concepts of the district's 16-county area. The six major A public hearing was held in Tallahassee on sections of the plan set forth present and projected December 20, 1978 on the proposed State Water Use water use, water management concepts and tools, a Plan: Phase I, which consists primarily of the water re- proposed water management program and areas for source management plans of the water management further study. The proposed water management districts and the -water element of the state program consists of 13 planning principles based on the comprehensive plan. In response to numerous requests, following three objectives: the hearing was continued to January 30, 1979. IF YOU DESIRE ADDITIONAL GENERAL INFORMATION OR INFORMATION ON THE STATE WATER USE PLAN'S PUBLIC PARTICIPATION PROGRAM, OR WISH TO BE PLACED ON THE PERMIT MAILING LIST, SEE THE CONTACT LIST FOR THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT. 30 Chapter V THE COMPREHENSIVE PLANNING PROCESS From the Local Government Comprehensive Planning Act of 1975, Section 163.3161 et seq., Florida Statutes MANDATED PLANNING prepared and adopted a comprehensive plan by July 1, 1979, the state land planning agency2 will prepare a comprehensive plan for the county and for each Introduction municipality or special district within that county The Local Government Comprehensive Planning Act which has not met the act's requirements. In this of 1975 (LCCPA) reflects the Florida legislature's belief instance, the Administration Commission3 has that every local government should plan comprehen- authority to adopt the plan. sively to protect human, environmental, social, and The act authorizes the state land planning agency to economic resources and to maintain the character and grant as many as two one-year extensions beyond the stability of present and future land use and develop- July 1, 1979 deadline upon application by the local ment in this state through orderly growth and develop- government and a show of good faith in meeting the ment. The act evolved fromthe Environmental Land and act's requirements. Water Management Act of 1972, chapter 380, F.S. Scope of the Act (Section 163.3167) REQUIRED AND OPTIONAL ELEMENTS OF The LGCPA requires that each unit of local THE PLAN (Section 163.3177) government establish an ongoing planning process and prepare, adopt and implement a comprehensive plan to guide and control future development and growth. General Requirements Incorporated municipalities, counties and certain In order to achieve the objectives of the act, each special districts have these powers which they may local plan must prescribe principles, guidelines and exercise individually or jointly by mutual agreement. standards for the orderly and balanced future The deadline for adoption of local comprehensive economic, social, physical, environmental and fiscal plans is July 1, 1979. If a municipality or special district development of the area; must consist of coordinated within a county has not prepared and adopted a comprehensive plan by this date, the comprehensive plan of the county1 will govern. If a county has not The Division of State Planning (DSP) in the Department of Administration. 1A county has comprehensive planning authority for the unincor- 3The Administration Commission is composed of the governor porated area within its jurisdiction. and cabinet. 31 and consistent elements; must be economically that the local governing body establish procedures for feasible; must be coordinated with the comprehensive the broad dissemination of proposals and alternatives, plans of adjacent municipalities and counties or region written comment, public hearings prior to adoption, and with the state comprehensive plan; and must open discussion, communications programs, inform- contain policy recommendations for implementation. ation services, and consideration of and response to public comments. Specific Requirements (163.3177(6)) In addition to the general requirements, specific Designation of the Local Planning Agency elements to be incorporated into the comprehensive (Section 163.3174) plans include: future land use plan; traffic circulation; Each local government unit, individually or in general sanitary sewer, solid waste, drainage and combination, was required to inform the Division of potable water; natural resources conservation; State Planning and the appropriate regional planning recreation and open space; housing; coastal zone agency by July 1, 1976 of its designation of a local protection; intergovernmental coordination; and planning agency. This agency is responsible for utilities. Jurisdictions with populations in excess of preparing the comprehensive plan, making recom- 50,000 must also include a mass transit element and mendations to the governing body regarding its plans for port and aviation facilities. adoption, monitoring the effectiveness and status of the plan, and recommending changes in the plan. Optional Elements (163.3177(7)) In addition to these general and specific Adoption of the Plan or Element (Section 163.3184) requirements, comprehensive plans may include At least 60 days prior to adoption of a comprehensive optional elements or phases for mass transit, port and plan or element, the local governing body must submit aviation facilities, nonautomotive and pedestrian copies of the proposal to the Division of State Planning traffic circulation, off-street parking facilities, public (DSP)4 and the appropriate regional planning agency,5 services and facilities, public buildings, recommended as well as to the local planning agency of the county if it community design, area redevelopment, safety, is a municipal or special district plan, and to any local historical and scenic preservation, and commercial and government which has filed a request. DSP circulates industrial development. the plan to the appropriate state agencies for review. Within 60 days these local, regional and state agencies are required to submit written comments on THE PLANNING PROCESS 4DSP will promptly publish notice of the intended adoption and the date, time and place of the public hearing in its weekly "DRI List." Public Participation (Section 163.3181) In order to encourage full and effective public 5See p. 14 and 15 for a description and map of regional planning participation in the planning process, the act requires councils. 32 the proposed comprehensive plan or element to the once every five years after the original adoption. The local governing body. Each agency examines primarily reportmustassess and evaluate the success or failure of the relationship and effect of the locally submitted plan the plan or element. More specifically, the report must or element to, or on, its comprehensive plan or address: the major problems and social and economic responsibilities. They must specify any objections and effects of land uses; changes in the elements since may make recommendations for modifications. adoption; objectives as compared with actual results; If the agencies have raised objections, the local and the occurrence of unanticipated and unforeseen governing body must submit a written reply within four problems and opportunities since adoption. The report weeks. The governing body can take no action to adopt may also suggest changes, including reformulated the comprehensive plan or element until two weeks objectives, policies, and standards. after the transmittal of the governing body's letter of The report must be transmitted to the Division of reply. State Planning, the regional planning agency and, for The governing body must consider, but is not bound municipalities, to the county planning agency. Action by, comments received from any person, agency or on the report is identical to the amendment process and government. It may adopt, or adopt with changes or adoption of the report amends the comprehensive plan amendments, the proposed comprehensive plan or or element to the extent specified in the report. element despite any adverse comments received.6 Upon adoption the governing body is required to transmit a copy of the approved plan or element to LegalStatusofteComeense those governmental agencies which reviewed the Plan (Section 163.3194) propose governmental. agencies whichreviewedtheOnce adopted, a comprehensive plan or element is legally binding on future growth and development. All development, land development regulations and Amendment of an Adopted Comprehensive governmental actions taken in regard to development Plan (Section 163.3187) orders pertaining to affected land must be consistent The procedure for amendment of an adopted with the adopted plan orelement. When a court reviews comprehensive plan or element is identical to the such local government action or development procedure used for the original adoption. regulations, it may consider the relationship of the comprehensive plan or element to the action taken. The act restates the principle that the plan must not cause Evaluation and Appraisal of the private property to be taken without due process of law Comprehensive Plan (Section 163.3191) and just compensation. Since the planning program must be a continuous and ongoing process, the act requires local planningmplementation of the Plan 7 agencies to prepare periodic reports on the T mplementa ofthe The act states that each element of the comprehensive plan for the governing body at least comprehensive plan must contain general or specific 6Adoption by not less than a majority of the total membership of the governing body. Adoption of a future-land-use-plan element 7Much of the substance for the following discussion has been requires notice to property owners and a public hearing (if less than 5 taken from the Department of Community Affairs, A Local Officials' percent of the jurisdiction's total land area is involved) or two Guide to the Local Government Comprehensive Planning Act, advertised evening public hearings prior to the vote. (163.3184(7)) (September 1976). 33 implementation policy recommendations as an integral Over the next two years the planning staff worked part of the plan's elements. closely with the planning commissioners, local citizen Some commonly used techniques for plan advisory committees appointed by each governing implementation include land development regulations body, and interested citizens in formulating the plans. (zoning, subdivision regulations, rehabilitation stan- A series of public hearings was held in various locations dards, building codes, etc.), public expenditures, inter- throughout the county between November 1975 and governmental coordination and public support. August 1977. The planning commission adopted the plans in August 1977. After receiving the plans from the planning SuThe Local Government Comprehensive Planning Act commission, each governing body, with the assistance provides local officials with a mechanism for managing of its administrative staff and the planning commission future growth in order to encourage the mo st staff, reviewed and revised them. They then held public future growth in order toencouragethemos hearings and made additional changes before finally appropriate use of resources, avoid overcrowding and assure efficient service delivery, address problems adopting the comprehensive plan. stemming from land use and development, and In November the final plan was presented to the sm g o a u a d la Hillsborough County Board of Commissioners. By promote the health and welfare of residents. It requires Hillsborough County Board of Commissioners. By all jurisdictions to develop a planning process which December 1, 1977 Tampa, Temple Terrace, Plant City, results in land use decisions that are compatible with and Hillsborough County had adopted the the goals established by local governments and their comprehensive plans, known collectively as "Horizon 2000" since they chart the future of the entire county to the year 2000. An effective planning process will help to ensure the year 2000. orderly development, a quality environment and Beginning in early 1978, in coordination with the orderly development a quality environmlocal government administrative staffs, the Hills- properly balanced growth for all Florida communities l ocal government administrative staffs, the Hills- during the coming years. borough County Planning Commission initiated a work program to implement the newly adopted compre- hensive plans. The first priority was to initiate a two-year sector planning program: the county was THE LOCAL COMPREHENSIVE PLANNING PROCESS divided into eleven subareas called "sectors" for which smaller-scale, more detailed comprehensive plans are Hillsborough County to be developed. In the city of Tampa the plans will be In 1975 the Florida legislature passed the developed at an even more detailed subsector level. An "Hillsborough County Local Government Compre- important objective of this effort is to provide a basis for hensive Planning Act," commonly referred to as the timing growth by tying a program of staged land use "Little ELMS" Act. Patterned after the LGCPA, the act development to adopted capital improvement required all local governments in Hillsborough County programs. Once these plans are completed, zoning will to adopt a comprehensive plan by December 1, 1977. be revised accordingly. 8 On October 1, 1975, the Hillsborough County Planning Commission was designated the local planning agency responsible for preparing comprehensive plans for 8Robert A. Catlin, "Comprehensive Planning in Hillsborough Hillsborough County and each of its three County," Florida Environmental and Urban Issues VI (November/ municipalities. December 1978): 1, 5. 34 As part of its continuing planning process and in Pasco County accordance with the requirements of the LGCPA, the The Planning Division of the Pasco County city of Tampa has scheduled a major update of its Development and Code Enforcement Department is comprehensive plan. The primary purpose of the currently preparing a comprehensive plan which will update is to prepare and adopt additional elements, include the eleven elements specified in the LGCPA. such as public safety, and to develop the initial This comprehensive plan will have the status of law and elements in greater detail to facilitate capital will serve as a guide for future development. Drafts of improvements programming and fiscal impact analysis the first five elements will be completed by March 30, (the economic implications). The update should be 1979. The entire plan should be finished by mid-1980. completed by July 1979. Goals and policies set forth in the plan call for the equitable distribution of services, provision of public services in a coordinated and fiscally realistic manner, responsive government and citizen participation throughout the planning and Pinellas County implementation processes. The .Pinellas County Planning Council is the designated local planning agency responsible for preparing the comprehensive plan for the county, which encompasses twenty-four incorporated muni- cipalities and a widely-scattered unincorporated area. Manatee County The council, which has been active for thirteen years, In 1974 the Manatee County Comprehensive Plan acts as a coordinating agent in the comprehensive was accepted by the board of county commissioners, planning process. While this plan established an ongoing planning The countywide comprehensive land use plan process in the county, it did not meet the requirements adopted by the county in March 1974, having the full of the Local Government Comprehensive Planning Act. force and effect of law, is being used as the foundation Late in 1977, the Manatee County Department of for the General Plan. The General Plan will consist of Planning and Development, the designated local plan- seventeen elements including intergovernmental ning agency, initiated an innovative community coordination. Since the land use, conservation/coastal involvement process to significantly update and revise zone management, recreation and open space, and the existing growth plan and the county zoning transportation elements of the General Plan will not be ordinance to meetthe requirements of theLGCPA. This detailed enough to guide local growth and program has involved public officials, community and development and meet LGCPA requirements, the local business leaders, as well as neighborhood residents, in a governments are preparing more detailed versions series of steering committee "workshops" to develop an using these four "core" elements as a policy framework. overview of how the county should develop. Local governments may prepare additional elements, The final product, termed "A Management System all of which must be consistent with countywide for Manatee County," was expected by February 1979. It policies. Municipalities are employing in-house staff, will combine plan elements, a capital improvements consultants, or the Pinellas County Planning Council program, and development regulations in a total staff in preparingtheseelements. Local citizen advisory framework for guiding officials in land use decision- committees meet upon request to review findings and making. make recommendations. Each locally prepared 35 element is submitted to the planning council for LPA and state agencies for their review. Public hearings are review and to determine consistency with countywide held by the planning council in accordance with the policies. The element is then amended to reflect the LCCPA and appropriate special legislation. Public council's recommendations. hearings are also held at the local level on elements The planning council takes action on a proposed prepared by municipalities. Once completed and element at a regularly scheduled meeting. The council approved, all elements will be incorporated into the usually recommends that elements be sent to regional comprehensive plan for the county. FOR ADDITIONAL INFORMATION ON THE STATUS OF COMPREHENSIVE PLANNING IN YOUR COUNTY, SEE THE CONTACT LIST FOR THE APPROPRIATE COUNTY PLANNING AGENCY. 36 FIGURE 5: THE COMPREHENSIVE PLANNING PROCESS Procedural Time Sequence Sequence Designation of I July 1, 1976 Local Planning Agency (final exten- I sion 7-1-77) Staff Preparation of Comprehensive Plan I Local Planning Agency Review I 2 IPublic Notices I I Public Hearings j I Local Planning Agency's Recom- mendation to the Local Governing Body I Local Governing Body Review I Local Governing Body Transmits at least 60 Copies of the Plan to Appropriate days before Government Agencies for Review and Comment adoption II Division of State Planning I Publishes Notice of the Plan I Written Comments Submitted within 60 by Governmental Agencies days I I ~~~~~within 4 Local Governing Body Written Reply weeks to Agency Objections (if applicable) 37 FIGURE 5-continued Procedural Time Sequence Sequence Waiting Period (only if minimum objections) of 2 weeks Public Notice/Hearing* i Local Governing Body Takes Action on the Proposed Plan I Local Governing Body Transmits Copies of Adopted Plan to Appropriate Government Agencies I Amendment of an Adopted 4 Comprehensive Plan (see steps 2 and 3) I Local Planning Agency Prepares a Periodic Report on the Comprehensive Plan I Periodic Report Transmitted at least * ~~~~~~~~~~~~~once ~~~~~5 ~by Local Planning Agency to e Appropriate Government Agencies every5 years I[ Local Governing Body Takes Action on Report (See step 3) *Type of notice and public hearing(s) depend on size of affected area for adoption or amendment of future-land-use-plan element. 38 i i I I i i I I i i I I I I I I Ii ii I i I I 11 ii i ii i ;I i i I I i i i i i ii I I i i i ; ; i I L i I I AN Chapter VI THE COASTAL ZONE MANAGEMENT PROGRAM From the Coastal Zone Management Act of 1972,16 U.S.C. 1451 et seq. A NATIONAL POLICY on a yearly basis. The 1976 amendments to the act increased federal funding from 66 to 80 percent for planning and implementation. Allocations from these Introduction grant programs are dependent upon various ecological The Coastal Zone Management Act of 1972 (CZMA) and population factors including the length of the establishes as national policy the effective protection, shoreline and the number of people living on or near the management, development and use of land and water coast. resources in the coastal zone. The act and subsequent amendments commit the federal government to assist the states in the development of programs to manage Federal Consistency Provision (Section 307) their coastal resources and to foster cooperation among A special incentive for coastal states' participation is local, regional and state agencies in the development of the law's federal consistency provision. Throughout the coastal zone management programs. process of program development, each federal agency Responsibility for the act is assigned to the secretary . y . . .with interests in the coastal zone has the opportunity to of commerce, who, in turn, has delegated the actual consult with the state agency which is developing the implementation authority to the Office of Coastal Zone management program. Once the plan is approved, Management (OCZM) within the National Oceanic and activities of federal agencies in the coastal zone must Atmospheric Administration (NOAA). be consistent with the approved state management plan to the maximum extent practical.2. However, when Federal Financial Aid the interests of national security dictate, federal Financial aid for state CZM programs is available licenses and permits can be granted, after ample through several federal grant programs--program opportunity for state and federal comment, for land and development grants, administrative grants, grants for water use activities which are not consistent with the estuarine sanctuaries,1 interstate coordination grants, state program. and research and training grants. Application for State programs must establish procedures for federal grants is made annually and grants are awarded resolving national interest conflicts generated by certain types of facilities. In the case of serious 1The 1976 amendments (P.L. 94-370) authorize grants to states to 2 acquire lands to provide for access to beaches and public coastal The 1976 amendments require that any outer continental shelf areas and for the preservation of islands. Grants for estuarine sanc- activity described in exploration, development or production plans tuaries are awarded for research and education purposes as well, as be certified as consistent with the approved state coastal for conservation. (section 315) management program. 41 disagreements between a state and federal agency completion of the first-year grant, the state must submit regarding implementation of an approved plan, updated work programs to demonstrate satisfactory provision is made for mediation by the secretary of progress in the development of the plan in order to commerce with local public hearings required as part of qualify for subsequent planning grants. The 1976 the process. amendments extended the deadline for program development grants to September 30, 1979 and added a fourth year of eligibility for these grants. The Public Participation (Section 311) amendments also authorize grants for initial Public participation is not only required but is an implementation of programs not yet awarded section integral part of the development of a state's 306 approval. management program. Public hearings, with at least 30 days' prior notice, must be held at least once during the developmental stage in the geographic areas primarily Program Administration (Section 306) affected. All relevant agency data must be made In order to qualify for section 306 grants, the available for public review in the locale where the completed state program must be submitted to NOAA hearings are conducted, and a comprehensive summary and the secretary of commerce for evaluation and ofthehearingconclusion mustbemadeavailabletothe approval. Before an administrative grant can be public within thirty days after the hearing. (section 311) awarded, the state's CZM program must identify coastal Other means suggested by the law for stimulating zone boundaries; designate areas of particular concern; public involvement include citizen advisory com- provide guidelines on priority of uses; define mittees (section 314), mechanisms for involving permissible land and water uses and identify means of citizens in the development of the plan's goals and state control over them; describe the organizational objectives, and provisions for review of the elements of structure for implementation; and define a planning the state plan by citizen groups and the general public. process for beach and public coastal area access and protection, energy facilities siting and the impact of shoreline erosion. 3 Other important approval criteria DEVELOPMENT OF A COASTAL ZONE include the consideration given the siting of facilities of MANAGEMENT PROGRAM greater than local concern; provisions for designating areas for preservation or restoration; mechanisms for continuous consultation and coordination with local Program Development (Section 305) governments and with interstate, regional and areawide In applying for first-year development grants, states agencies;4and public participation in the development were required to provide a detailed summary of of the program. previous and current coastal zone activities, a ranking of major coastal-related problems and issues with an identification of goals and objectives of the management program, and the governor's designation This last set of planning requirements was added by the 1976 of a lead agency to manage the program. A detailed work schedule, public participation methods, proposals 4The 1976 amendments require the state CZM agency to notify a for intergovernmental cooperation and approximate local government of any decision in conflict with local zoning coastal zone boundaries were also required. After the actions and to allow a 30-day comment period. 42 In order to qualify for these implementation grants, a FLORIDA'S COASTAL ZONE MANAGEMENT state must also demonstrate that it is organized to and PROGRAM possesses the authorities necessary to implement the program. The program must provide techniques for EarlyPlanningActivities controlling coastal land and water uses: state-adopted Florida has 11,000 miles of coastal shoreline, 77 criteria for local implementation, direct state land and percent of which is privately owned. Seventy-five water use regulations, or a process for state review of all percent of the state's population lives in coastal areas. 5 develoment pans, poject or reulatios for percent of the state's population lives in coastal areas.5 development plans, projects or regulations for Florida has been involved in coastal zone planning consistency with the state coastal zone management since 1970. Recognizing the magnitude and plan. ~~~~~~~~~~plan. ~complicated nature of coastal zone problems, the 1970 legislature created the Coastal Coordinating Council (CCC). The council was primarily charged with developing a comprehensive state plan for the protection and development of the coastal zone; Coastal Energy Impact Program (Section 308) organizing and conducting a continuous program of The 1976 amendments to the CZM Act authorized a coastal zone research; coordinating coastal zone coastal zone research; coordinating coastal zone $1.2 billion ten-year program to assist coastal states and activities among the various levels of government and local communities impacted by new or expanded geographical areas of the state; and providing an coastal-dependent energy activities. informational clearinghouse on coastal matters. The program consists of two interlocking types of In 1972 the CCC published the Florida Coastal Zone assistance: The Coastal Energy Impact Fund and Management Atlas which explained the classification formula grants. The Fund is a revolving account which approach being used todevelop Florida's CZM program includes loans, bond guarantees and grants to assist and illustrated the approach by means of a general states with the financing of new or improved public county-by-county map of the coastal zone.6 facilities and services required as a result of coastal energy activities; planning for the economic, social and environmental consequences of new or expanded Section 305 Planning Activities coastal energy facilities; and protection or restoration Preliminary Efforts of coastal environmental and recreational resources for rel ia ot Florida became involved in the federal coastal zone which other funds are unavailable. whihoe foulgrnds are uavailable. tsaeajctoprogram in July 1974 when the state received its The formula grants are available to states adjacent to first-year planning grant under section 305. The CCC or directly affected by outer continental shelf (OCS) energy activities-primarily for protecting or restoring damaged or threatened environmental resources, but also for retiring bonds guaranteed by the Fund and for Legislative Report, March 1978. supplementing Fund financing of public facilities and6 supplementing Fund financing of public facilities and 6Three major categories of land and water use were designated on services. Eligibiity for CEIP aid is dependent upon section 306 the basis of numerous biological, ecological and land use factors: preservation (no further modification), conservation (controlled approval of the state's coastal management program or modification), and development (few, if any state controls). (Office demonstration of satisfactory progress toward of Coastal Zone Management, State Coastal Zone Management development of such a program. Activities 1975-1976, p. 2.) 43 was designated as the lead agency for this planning pollution control agencies-provided technical phase. First-year responsibilities of the CCC included expertise to the CAC in identifying coastal zone the expansion of data collection efforts and the problems and related issues, and in developing policy initiation of a region-based public information recommendations for alleviating these problems. program. In ordertomaximize local participation in the planning process and to assure consistency with local Regional Policy Development plans and goals, the CCC contracted with the coastal The Environmental Reorganization Act of 1975 regional planning councils to represent their local resulted in the abolishment of the CCC and the governments in the collection of regional data and in assumption of its powers and duties by the Bureau of the establishment of citizen advisory committees.7 Coastal Zone Planning (BCZP) within the Department These regional advisory committees have provided the of Natural Resources (DNR). At the same time the state major vehicle to date for active public involvement in began its second-year work program. This program was CZM activities. Each coastal regional planning council essentially a continuation and expansion of first-year was asked to develop, with assistance from the citizen tasks. committees, a series of regional goals and objectives During this second year of planning, regional coastal relating to coastal zone management. zone policies, developed through coordinated efforts It was at this point that the Tampa Bay Regional of the CAC and TAC, were adopted by the Tampa Bay PlanningCouncil and its staff became actively involved Regional Planning Council. The council subcontracted in the CZM planning program. The TBRPC's efforts have with county planning agencies to identify geographic been centered on data collection, policy development, areas of particular concern and to recommend coastal and local/regional coordination and information zone policies for each county in the region. dissemination. In the fall of 1976, regional policy statements were During the first year an extensive data collection forwarded to the BCZP to be considered for inclusion in effort was undertaken, and maps and accompanying state planning policies. During this third year of reports were prepared for the Tampa Bay region, planning the TBRPC's major role was the provision of culminating in the Region 8 CZM Atlas. Citizen (CAC) local/regional coordination through the continuation and Technical Advisory Committees (TAC) were of the Regional Citizen and Technical Advisory established in 1974 and were coordinated by the Committees, the provision of technical assistance to TBRPC. The TAC-representatives from local planning local governments in the preparation of coastal zone agencies, port authorities, soil and water conservation elements of local comprehensive plans, and the districts, the water management district and county dissemination of information to the public on coastal zone management. Copies of the CZM atlas were distributed, and council staff reviewed state-produced 7These committees were to include, at a minimum, repre- technical documents concerning the coastal zone. sentatives of the following interests: commercial/sport fishing; tourism and motel/hotel interests; construction/home building; State Program Draft conservation organizations; science and education; industry, In October 1976, Governor Askew appointed the Task business and commerce; city and county governments; and the Force on Coastal Zone Management and charged it with general public. (State of Florida, Department of Natural Resources, Division of Resource Management, Bureau of Coastal Zone developing an organizational arrangement to properly Planning, "Status Report to the Governor and Cabinet," January implementthe coastal zone program in Florida. In April 1977, p. 7) 1977 the task force issued its recommendations in draft 44. bill form which included transfer of the Bureau of During a two-day special session, the legislature passed Coastal Zone Planning to the Department of the Florida Coastal Management Act of 1978 Environmental Regulation (DER), designation of DER as (380.21-380.25). The act designated DER as the lead the section 306 lead agency, implementation of the agency and directed it to submit a program based on coastal zone program locallythrough local land use and existing state law to the Office of Coastal Zone service decisions based on home rule, and the Management for section 306 funds. DER was also continuation of effective citizen participation as an authorized to establish advisory councils; coordinate integral part of the coastal zone program. In June the coastal resource data; provide financial, technical and legislature enacted SB 589 which was based on the task legal assistance; review agency rules for consistency; force's recommendations. and adopt a formula for the allocation of federal The BCZP expanded its public participation program administrative funds. No new regulatory authority was to ensure all citizens of the state a reasonable created by the act. Local government participation in opportunity to express their opinions on the proposed the management program is voluntary. CZM program. Public workshop meetings were held during thewinterof 1977-78 in each coastal county and Current Activities in each coastal region. The Tampa Bay Regional Florida received its final, fourth-year program Planning Council assisted in setting up the regional development grant effective September 1, 1978. public workshop and actively sought public involve- Funding will continue through August 31, 1979. More ment in the program. The council distributed copies of than half of the grant money is to be allocated to the Florida Coastal Management Program - Workshop regional planning councils, water management districts Draft to local governments, planners, members of the and municipalities for technical assistance, public Citizen and Technical Advisory Committees and information and special projects.9 interested citizens for review. After the close of the legislative session the BCZP began compiling a program based on existing Legislative Action regulatory authority. As directed by the legislature, SB 589 had mandated that the secretary of DER vital, conservation and development areas were not submitaproposedstatecoastal plan and implementing designated. An informal "threshold draft" of the legislation to the legislature at least 30 days before the program was sent to the federal Office of Coastal Zone 1978 session. An Interagency Advisory Committee on Management in October for comment. The bureau Coastal Zone Management, the regional planning sought guidelines for developing an approvable CZM councils and numerous citizen advisory groups worked program. In late December copies were distributed to with the Bureau of Coastal Zone Planning in developing those prominently involved in reviewing the 1978 the Florida Coastal Management Program--Legislative legislative draft, including local governments, CAC Draftwhich was presented to the legislature prior to the members, state and federal agencies, and those regular session. On April 3, 1978 Governor Askew individuals requesting a copy. The bureau accepted submitted a management bill to the legislature which comments through January 1979. These recom- was developed from this legislative draft. Relying upon mendations along with OCZM's comments will aid existing authorities, the bill did not provide for full implementation of the program described in the draft.8 �~~~~~~~~~~~~~~~~~ Interview with BCZP chief Dr. Edward LaRoe reported in 8"Bureau of Coastal Zone Planning News," May 1978. "Environmental Regulation News," DER, October 1978. 45 BCZP in preparing the preliminary draft, If OCZM Because of a sharp reduction in state financial determines that existing state legislation and support, TBRPC's participation in future coastal zone regulations do not provide enough authority to meet program activities will consist of a set of core tasks and minimum federal requirements, the department will possibly a special regional project. The core tasks seek additional legislation. If no new legislation is include technical assistance to local governments in required, BCZP expects to have a draft program the preparation of their local comprehensive plans, available for statewide distribution and review by early continuation of the citizen advisory committee, and spring of 1979. An environmental impact statement regional policy formulation. As a special regional must be filed and public hearings will be held prior to project, TBRPC is considering preparing issue papers on submission of the program to OCZM for official areas of key importance to the coastal zone in the approval and section 306 funding. Tampa Bay region. FOR ADDITIONAL INFORMATION ON COASTAL ZONE MANAGEMENT ACTIVITIES IN THE TAMPA BAY AREA AND THE STATUS OF THE STATE COASTAL ZONE MANAGEMENT PLAN, SEE THE CONTACT LIST, SPECIFICALLY THE TAMPA BAY REGIONAL PLANNING COUNCIL AND THE DEPARTMENT OF ENVIRONMENTAL REGULATION. 46 FIGURE 6 CHRONOLOGY OF KEY EVENTS RELATING TO COASTAL MANAGEMENT IN THE TAMPA BAY REGION Date I KEY EVENTS State Local July 1970 The legislature creates the Coastal Coordinating Council (CCC). Dec. 1972 The CCC publishes The Florida Coastal TBRPC, under contract with the CCC, Zone Management Atlas. produces Tampa Bay Region Prelimi- nary Environmental Assessment of Developments. July 1974 Florida receives its first-year grant under section 305 of the federal act. Oct. 1974- CCC, through the Division of State TBRPC signs its first-year contract with March 1975 Planning (DSP), contracts with the DSP for coastal zone planning respon- coastal regional planning councils. sibilities. Oct. 1974- Citizen and Technical Advisory Sept. 1975 Committees on CZM established. TBRPC engages in extensive data col- lection, mapping and report preparation. July 1975 The CCC is abolished and its powers and duties are assumed by the Bureau of Coastal Zone Planning (BCZP) within the Department of Natural Resources (DNR). Florida receives its second-year grant under section 305 of the act. 47 FIGURE 6-continued Date I KEY EVENTS State I Local Sept. 1975 Region 8 CZM Atlas published. Oct. 1975 TBRPC signs its second-year contract with DNR. Oct. 1975- Sept. 1976 Regional coastal zone policies devel- oped by CAC and TAC are adopted by TBRPC. Geographic areas of particular concern (GAPC's) designated on county-by-county basis. Oct. 1976 Florida receives its third-year grant TBRPC signs its third-year contract under section 305 of the act. with DNR. The governor appoints the Task Force on Coastal Zone Management (CZM). Oct. 1976- TBRPC assists local governments with Sept. 1977 coastal zone elements; distributes atlases and other CZM information to public. April 1977 The governor's task force issues its recommendations on CZM, suggesting that the Department of Environmental Regulation (DER) be the lead agency for the plan's implementation. The governor designates DER as the lead agency for implementation under section 306 of the act. 48 FIGURE 6-ciontinued KEY EVENTS Date State JLocal June 1977 The legislature enacts and the governor signs into law SB 589. Oct. 1977 TBRPC signs contract with DER, an extension of the third-year planning program. Nov. 1977 DER releases the Florida Coastal Management Program -Workshop Draft Dec. 1977 Regional public workshops held on proposed CZM program. Dec. 1977 - TBRPC distributes copies of workshop Feb. 1978 draft, assists with regional public workshop, forwards comments to BCZP. March 1978 The Florida Coastal Management TBRPC reviews and distributes copies Program -Legislative Dra ft of legislative draft. released. June 1978 Legislature passes the Florida Coastal Management Act of 1978. Sept. 1978 Florida receives its fourth-year grant under section 305 of the act. 49 Chapter VII WATER PLANNING PROGRAMS AND THE WATER PERMIT PROCESS From the Clean Water Act of 1977 33 U.S.C. 1251 et seq. OVERVIEW OF THE ACT Congress recognized, as a matter of policy, the primary responsibility and rights of the states to Introduction prevent, reduce and eliminate pollution, and to plan The Federal Water Pollution Control Act as amended the development and use of land and water resources. in 1972 was considered to be one of the most complex Administration of the act was delegated to the and comprehensive measures enacted by Congress. The administrator of the Environmental Protection Agency act, a result of more than 24 years of experience under (EPA). previous state and federal statutes, created a program The act requires provision for and encouragement of based on three major elements: uniform nationwide public participation in the development, revision and standards, enforceable regulations, and a permit pro- enforcement of any regulation, standard, effluent gram based on effluent limitations and geared to limitation, plan or program under the act. specific goals.1 Congress 'made several significant changes in the act in 1977, but the basic structure and Effluent Limitations (Sections 301 - 309, 316)2 objectives were not changed. The amended act is EPA has established "national effluent limitations" commonly referred to as the Clean Water Act of 1977. (maximum amounts of specific pollutants that may be discharged into waterways) based on the availability of Declaration of Goals and Policy (Section 101) control technology at realistic costs. Factories, power The objective of the act is to restore and maintain the plants and other industrial point sources were to chemical, physical and biological integrity of the comply with initial effluent limitations by July 1, 1977 nation's waters. National goals established include: through application of the "best practicable tech- nology" (BPT). The deadline has been extended by the * the elimination of pollutant discharges by 1985 1977 amendments to April 1, 1979 for those industries that made "good faith" efforts to comply. For publicly- � an interim goal of water quality suitable for owned treatment works in existence or under con- recreation and for the protection and propagation ofent s ucon fish, and, we wr pe ., J, , 1struction, effluent limitations based upon "secondary fish and wildlife wherever possible by July 1, 1983 treatment"wererequredbyuly, 1977.Thisdeadine treatment" were required ,by July 1, 1977. This deadline * aprohibition on thedischargeof toxic pollutants. has been extended to July 1, 1983. The Izaak Walton League of America, A Citizen's Guide to Clean 2League of Women Voters Education Fund, Current Focus, Water, June 1973, p. 7. "Federal Environmental Laws and You," 1978, p. 2. 51 Different compliance requirements were established waste and report on its nature and amount.6 by the 1977 amendments for each of three types of A copy of each permit application and each permit industrial discharges: conventional, toxic and noncon- issued must be made available to the public. EPA must ventional pollutants. "Best control technology" (BCT), allow opportunity for a public hearing before issuing a i.e., economically reasonable technology, is required permit for the discharge of any pollutant. for conventional pollutants3 by July 1, 1984. "Best The authority to issuethese NPDES permits rests with available technology" (BAT) is required for toxic EPA until assumed by the states. Once a state substances4 by July 1, 1984 and for nonconventional demonstrates to EPA that its program conforms to the pollutants by July 1, 1987. requirements of the act and to EPA regulations, EPA is required to turn over permanent permit authority.7 EPA continues to monitor such state programs, however, Water Quality Standards (Section 303) and may prevail when an impasse develops with the The states or EPA specify water quality standards state over a proposed permit. which designate uses for specific bodies of water and This section is considered to be the most significant which designate uses for specific bodies of water and establish criteria for pollutant discharge. Water quality enforcement tool of the act. Failure to obtain a permit standards provide a yardstick to measure the or violation of permit conditions can result in fines of standards provide a yardstick to measure the up to $10,000. Willful or repeated violations can bring effectiveness of pollution control. Where limitations up to 10,000. Wiful or repeated violations can bring are inadequate to protector restore water quality, more stringent limitations are applied by EPA. Dredge and Fill Permits (Section 404)9 The Army Corps of Engineers (COE) or the state issues perm its for the disposal of dredged or fill material based sNational Pollutant Discharge Elicination upon the potential environmental impact on municipal water supplies, fish, wildlife and recreational areas. To insure compliance with effluent limitations, the Normal farming, forestry and ranching activities (such act established the National Pollutant Discharge as plowing, irrigation ditches and dams) are exempted. Elimination System (NPDES) under which all point COE issued its first general regulations in 1977. sources5 must get a discharge permit from EPA or the state. The permit includes permissible pollutant discharge levels and a compliance schedule. This 6Types of point sources requiring a permit for discharges into permitting system also requires dischargers to monitor water bodies include municipal wastewater treatment facilities, manufacturing plants, agriculture, forestry, mining and fishing operations, and other service, wholesale, retail and commercial establishments. 3Conventional pollutants include suspended solids, certain 7 bacteria, and those substances affecting biological oxygen demand State participation in the NPDES is not mandatory States may and alkalinity-acidity, decide not to participate, leaving all permit enforcement decisions and operations to the regional EPA office under the federal permit 4Toxic substances include chemicals and pesticides, program. (A Citizen's Guide to Clean Water, p. 6.) 8LWVEF, "Federal Environmental Laws and You," p. 3. 5point sources discharge pollutants into waters from direct outlets such as pipes from sewage treatment plants. 9Ibid. 52 Grants for Construction of Treatment Works such as stormwater runoff and erosion at construction (Section 201) sites.10 The purpose of section 201 of the act is to require and Responsibility for developing and implementing to assist in the development and implementation of solutions to these water pollution problems is placed waste treatment management plans and practices with the state and local governmental units. Areawide designed to achieve the goals of the act. plans must include regulatory programs to prevent and The federal government awards 201 grants (75/25 control water pollution and recommended im- federal/local match) to communities to assist them in plementation mechanisms. There is a three-year limit improving existing sewage treatment plants or for the on the planning phase. EPA was authorized to grant 100 planning, building and installing of new publicly- percent of planning and administrative costs until June owned treatment works (POTWs). Grants are awarded 30, 1975, when a limit of 75 percent was placed on in three steps: planning for facilities, designing the grants. Those agencies which began planning after required facilities, and construction of facilities. An October 1, 1977 are eligible for 100 percent federal additional 10 percent grant is available for municipal funding for the first two years and up to 75 percent for projects using alternative or innovative waste treatment the third year of planning. The only federal imple- systems (wastewater recycling and water reuse systems, mentation funding available is a Department of energy-saving and recovery techniques.) Agriculture rural agricultural cost-sharing program (50 The 1977 amendments enlarged the state role in percent) which began late in 1978.11 program management. Each state selects the projects to receive federal funds from a priority list which it draws up annually. The law requires that a state use at least 25 percent of its grant for sewer system construction and Water Quality Planning (Section 303) rehabilitation. The 1977 amendments authorize Section 303 of the act requires each state to develop a funding of new sewer construction, however, only continuing planning process. (CPP). The process must where there are already existing communities to avoid (1) determine where pollution is most serious, (2) as- encouraging "suburban sprawl." semble and employ data on water quality for the issuance of permits and (3) set priorities for state man- power and funding. The plan which is created as a result of this process must, at a minimum, include: Areawide Water Quality Management effluent limitations and schedules of compliance, ap- Plan (Section 208) propriate elements of 208 and 209 plans, a total This water planning program addresses the very maximum daily load for pollutants, controls over sludge serious water pollution problems that plague urban disposal, and an inventory and priority ranking of needs and/or industrialized areas. Quite possibly the most for construction of waste treatmentworks. An approved comprehensive of the programs established by the act, CPP is a prerequisite for state assumption of NPDES section 208 goes far beyond waste treatment authority. technology. Land use planning, zoning and subdivision regulations, transportation, air quality control, and solid waste management must be addressed in the plan. 10Environmental Comment, April 1977, p. 4. Section 208 represents the only vehicle authorized by federal law for controlling nonpoint source pollution, LWVEF, "Federal Environmental Laws and You," pp. 3-4. 53 River Basin Plan (Section 209) permit holders,participate in hearings on water quality Section 209 requires states to establish procedures to standards, and monitor the state sewer construction manage the water quality of river basins (those areas grant priority list. drained by a river and its tributaries). These interstate river basin plans must identify and measure the Summary pollutants found in waters within the basin, set limits on The Clean Water Act of 1977 emphasizes planning discharges into those waters, establish a water quality and establishes a comprehensive program to improve improvement timetable and incorporate the "208" coordination between various water pollution control plans of states in the basin. The 209 planning process is activities at different levels of government. primarily a state effort, with the U.S. Water Resources The law requires that EPA publish procedures and Council responsible for the coordination of planning. regulations to be followed as well as a report on the Deadline forcompletion of the plans is January 1, 1980. latesttechnology available for preventing and reducing pollutants. In addition, EPA is required to define the Enforcement Efforts degree of pollution control that must be achieved by EPA concentrates enforcement efforts on those municipalities and states to meet the standards. EPA, polluters with the greatest potential impact on the through its regional offices, is also responsible for environment. Regional offices have been instructed by approval and review of state permit programs and EPA to rigorously review new grant applications for plans, technical assistance, and enforcement of compliance with the law's regulations. pollution controls where other authorities fail. Basic responsibility for water pollution abatement Public Participation rests with the states. The act requires states to develop The act specifically requires EPA and the states "to water quality standards, to establish maximum daily provide for, encourage and assist public participation in pollutant loads and to develop a continuous planning the development, revision, and enforcement of process. regulations, standards, plans and programs." The Working under federal and state supervision, local citizen's role in water quality and waste treatment water pollution control authorities have primary planning should be to insure that public disclosure responsibility for the planning and management of mechanisms are incorporated into initial planning waste treatment.13 systems.12 -All plans should be subjected to continuing public scrutiny, and planning agencies should be required to seek out the views of citizens long before programs go into effect. A public hearing is required to The National Pollutant Discharge determine if a state is qualified to assume NPDES Elimination System (NPDES) in Florida responsibility. Citizens can request notification of EPA is currently responsible for issuing permits under permit applications from the regional EPA office or NPDES to Florida applicants. Once the state's program state permit agency, monitor the compliance efforts of meets EPA's requirements, permitting authority will be delegated to the state, -probably to the Department of 12lzaak Walton League, A Citizen's Guide to Clean Water, p. 39. Environmental Regulation (DER). The legislation For additional information on procedures for public participation, see EPA's "Guidelines for Public Participation in Water Pollution 13 Control." A Citizen's Guide to Clean Water, pp. 10, 39. 54 needed to bring the state program into line with EPA The Administrative Services area of the Southwest regulations will be sought in the 1979 session of the District of DER cooperates with all local governmental Florida legislature. units in the region and with the Southwest Florida Under the current system the application for a water Water Management District in "201" and "208" permit is submitted to the EPA office in Atlanta. During activities. the 30-day waiting period before public notice is given, There are currently four "201" plans in Hillsborough EPA sends the application to DER who forwards it to the County in various stages of development. The appropriate DER district office for comment.14 Once Northwest Plan was completed in June 1977 but was not notice has been given, interested persons are afforded approved by DER and EPA. Population and water 30 days to submit written comments and/or request a quality problems were cited as the reasons for this hearing. If a public hearing is scheduled in the area disapproval. Four methods of effluent disposal are where the facility is located, EPA provides 30-day currently being evaluated. A public hearing was advance notice. Hearing procedures are informal, planned for February or March 1979 before allowing interested persons to offer oral comments. resubmission of the plan for approval. A public hearing Those who attended the hearing are sent copies of any is scheduled for the spring of 1979 on the Plant City changes made in the permit application in response to Plan.Two disposal alternatives have been selected. The public comments. EPA also notifies those who attended planned treatment facility is an areawide wastewater the hearing of its decision to issue or deny the permit. treatment (AWT) discharge plant. The Southeast Plan is The permit itself, with all attached conditions and in the final stage of preparation. The AWT plant will be requirements, and the monitoring information permit located west of Sun City Center. Spray irrigation and holders are required to report are public documents. water reuse have been chosen for effluent disposal. Preparation of the Central Hillsborough/Tampa Plan is Local "201" Plans just beginning. Water reuse has been given top priority The grant provgram authorizedd nby stction 201 of the in the plan. An environmental impact statement (EIS) is act provides for planning, design and construction of being prepared concurrently. The new AWT Hooker's publicly-owne wastetreaep. T o ibeing prepared concurrently. The new AWT Hooker's publicly-owned waste treatment plants. To insure that Point Plant opened for full treatment on December 31, the maximum benefit is gained from a given 1978. Cost-effectiveness studies are currently being expenditure, Step I facilities planning procedures call conducted in light of the additional cost of the for a detailed comparison of waste treatment phosphorous removal portion of the plant. techniques. This process is designed to enable the rearethree"201"plansbeing prepared in Pinellas planners and engineers to systematically identify the The North Pinellas County Plan s been alternative best suited to the community. The plan must completed, but there is still a question regarding the also determine the most cost-effective design and the extent of the territory to be served by one of the four best method of disposing of sludge, assure compliance treatment plants. The Central Pinellas Plan was 65 with effluent limitations and water quality standards, and a spercent complete at the end of 1978. The disposal and assess social and environmental impacts and alternatives had been selected and cost-effectiveness recreation/open space opportunities.15 studies were then begun. Two sub-studies are also being made in this area. The sludge disposal study proposes FortheTampa Bay region this is the Southwest District office in dewatering and recycling sludge for sale as fertilizer Tampa. with the electricity generated by the recycling plant to 15LWVEF, "Federal Environmental Laws and You," p. 3. be used to serve Clearwater. The other sub-study is 55 considering the use of an off-site injection monitoring would examinethepossibilityof thecountyowningand system. The St. Petersburg Plan was approved by EPA, operating the area's plant. with conditions, on November 6, 1978. The plan calls for all the area beaches to pipe their raw sewage to one Local "208" Programs16 of the four regional plants to be operated by the city of The act required that the governor of each state, St. Petersburg. Disposal alternatives have been following EPA guidelines, identify areas where selected: spray irrigation, deep-well injection during urban-industrial concentrations have caused major the rainy season, and well water reuse during the dry water quality control problems, designate their seasons. boundaries and name a single organization to assume Two "201" plans have been completed in Manatee responsibility for developing the "208" water quality plan. In 1976 Governor Askew identified 12 such County. The North Manatee Plan has been submitted to plan. In 1976 Governor Askew identified 12 such EPA for approval. It prescribes continued operation of "designated areas" and the 12 local and regional the county-owned package plants until 1985 when the planning agencies which would be responsible for the system will be regionalized. The South Manatee Plan plans.The Department of Environmental Regulation, in was completed, but a satisfactory means of effluent cooperation with local, state and federal agencies,17is disposal has not yet been found. Consideration is responsible for developing a plan for the rest of the currently being given to piping the effluent into a state, the "non-designated area." The statewide plan phosphate mine storage pond. The other alternative will be compiled from the plans for these two types of under study is discharge into the Manatee River after planning areas. It will focus specifically on nonpoint under study is discharge into the Manatee River after AWT treatment. pollution resulting from agriculture, septic tanks, mining, silviculture, and urban and construction Four "201" plans have been developed in Pasco activities. ThedraftmustbesubmittedforEPAapproval County. The West Pasco Plan has been certified by DER by June 30, 1979. and was awaiting EPA approval at the close of 1978. The Tampa Bay Regional Planning Council is the Construction on the County Plant is scheduled to begin "designated planning agency" responsible for areawide in 1985. The irrigation site and treatment levels for the water quality management planning for the Tampa Bay New Port Richey Plant are being re-evaluated. The region. TBRPC in consultation with local governments Central Pasco Plan serves primarily unincorporated of the region has completed the preparation of the areas of the county. The plan proposes consolidating Areawide Water Quality Management Plan for the existing package plants in southern areas into the Land Tampa Bay Region (AWQM Plan). The AWQM Plan is O' Lakes facility. Spray irrigation has been chosen for an outgrowth of a regional plan for water quality effluent disposal. The Northeast Plan has been certified management adopted in 1973 which included the water by DER and awaits EPA approval. The regional plant will quality analysis of the effects of wastewater disposal be owned and operated by Dade City and will use spray irrigation for effluent disposal. Work has begun on Step 16The major sources of information on state activities were 2 design under an EPA grant. The Southeast Plan is still "Florida Water Planning Report," Department of Environmental incomplete. It calls for the "201" facility to be owned Regulation, April 1978, and"Florida208 WaterQuality Report," DER, and operated by the city of Zephyrhills with disposal by September 1978. spray irrigation. The county plans to build interceptor 17Coastal zone and "208" planning have been coordinated since and collector systems and to route the sewage to the 1975. BCZP staff members have served on "208" TACs, and CACs plant. Should this plan prove unacceptable, planners have overlapped membership. 56 and an evaluation of regional wastewater treatment Each designated area plan must be submitted to DER facility configurations for the Tampa Bay region. This for certification. DER forwards its recommendations AWQM plan served as the basis for the "201" planning regarding certification of each element of the plan to activities in the region and served to identify point the governor who then sends his recommendations to source problems existing in the area. the Region IV EPA regional administrator for review and The AWQM planning grant was awarded to TBRPC in approval. DER will assist planning agencies and local June 1975. In compliance with the legislative governments in implementing fully approved plans. requirementof a detailed step-by-step procedure to be The recommendations of the "208" programs are followed in developing the plan, a plan of study was important in structuring future characteristics of developed and approved by the council, DER and EPA. growth, as well as in organizing local governmental Subsequently, generic pollution control strategies and management of wastewater facilities. Through "208" management alternatives were developed. The designation, a county is provided the opportunity to comprehensive planning activities being conducted in meet the 1983 national water quality goal by the region contributed to the preparation of the plan as developing and implementing a comprehensive did three transportation studies which were program for the management of municipal and coordinated with the "208" process: The Tampa Area industrial wastewater systems, agricultural runoff, Study, the Pinellas Area Study and the Sarasota-Mana- storm-water runoff from construction activities, and the tee Area Study. Significant coordination and water quality aspects of land use. interaction between the activities of the TBRPC and the The specific priorities of the TBRPC AWQM Plan wastewater treatment planning activities of local are:18 governments were instrumental in the development of the document. Other agencies which provided input 1) Protection of pwater supplies 2) Maintenance and restoration of water quality to into the plan include the West Coast Regional Water allow whole body co ntact recreation allow whole body contact recreation Supply Authority, SWFWMD, and the soil and water Supply Authority, SWFWMD, and t he soil and water 3) Maintenance and restoration of water quality for conservation districts. cons.ber viation .d , .is t r i cts.maximum protection and propagation of fish, wildlife A number of public participation mechanisms wereshellfish employed in the development of the region's plan. The and shellfish TBRPC appointed both a Regional Citizens Advisory 4) Elimination of existing water quality standard Committee and a technical advisory body, the violations 5) Maintenance and restoration of the chemical and Areawide Planning Advisory Committee, to assist in the 5 intert of the by s planning. Workshops, seminars, citizen opinion sampling, individual consultations, television programs and various educational publications provided avenues 18Copies of the AWQM Plan can be obtained from the Tampa Bay for communication with and instruction of the public. Regional Planning Council. ADDITIONAL INFORMATION ON THE ACT, STATE PROCEDURES AND ACTIVITIES AND 201 PLANNING IS AVAILABLE THROUGH THE DER SOUTHWEST DISTRICT OFFICE IN TAMPA. IF YOU WISH ADDITIONAL INFORMATION ON THE 208 LOCAL PLANNING PROGRAM, SEE THE CONTACT LIST FOR THE TAMPA BAY REGIONAL PLANNING COUNCIL. 57 Chapter VIII FLORIDA'S AIR QUALITY IMPLEMENTATION PLAN AND CONSTRUCTION PERMIT PROCESS From the Clean Air Act as Amended 42 U.S.C. 1857 et seq. HIGHLIGHTS OF THE ACT 9) Automobile and aircraft emission standards 10) Federal regulations for fuel and fuel additives. Overview Administration of this air pollution legislation is as- Building upon the Clean Air Act of 1963, the Clean Air Administration of this air pollution legislation is as- Act Amendments of 1970 (P.L. 91-604) established the signed to the Environmental Protection Agency (EPA). first comprehensive nationwide program for attaining and maintaining clean air. The 95th Congress amended National Air Quality Standards (Section 109) the act in 1977 (P.L. 95-95) to clarify some provisions, and State Implementation Plan (Section 110) 2 alter some deadlines and establish noncompliance The 1970 amendments required EPA to set two levels penalties. The Clean Air Act (CAA) as amended pro- of national ambient air quality standards (maximum vides for the development of: concentration of a pollutant consideredsafe)-primary standards to establish the minimum level of air quality 1) National ambient air1 quality standards required to protect public health and more rigid 2) State implementation plans to ensure compliance secondary standards to protect public welfare.3 Once with these standards proposed standards have been published in the Federal Register, interested persons must be afforded a 3) Performance standards for new or modified reasonable opportunity (not to exceed 90 days) to stationary sources submitwritten comments. Standards must be reviewed 4) National emission standards for hazardous air at least every five years. pollutants States are required to adopt, after reasonable notice 5) Penalties for noncompliance and public hearings, and submit to the EPA 6) Research and monitoring for protection of ozone 2League of Women Voters Education Fund, Current Focus, in the stratosphere "Federal Environmental Laws and You," 1978, pp. 7-8. 7) Prevention of significant air quality deterioration in areas cleaner than minimum standards 3EPA has issued primary and secondary standards for six major air 8) Methods for cleaning up nonattainment areas pollutants-sulfur oxides,' total suspended particulates, carbon monoxide, hydrocarbons, photochemical oxidants, and nitrogen oxides. A final ambient air quality standard for lead was announced in late September 1978. In late January 1979 EPA revised both the Ambient" refers to the general air around us, in contrast to the primary and secondary standards for ozone (photochemical emission of pollutants from specific sources. oxidants), increasing the acceptable concentration by 50 percent. 58 administrator air quality standard implementation modified stationary sources of air pollutants.5 Such plans which establish enforceable means of achieving performance standards reflect emission limitations set the national standards (section 110) in each control directly at the federal level. region4 of the state. Primary standards must be The 1977 amendments required EPA to list the attained by December 31, 1982; secondary standards by categories of those major stationary sources of a reasonable deadline set forth in the state plan. The potentially injurious air pollution which had not EPA administrator may extend the primary standards already been published. Standards of performance for compliance deadline by as much as five years for those sources within each category are to be established by areas experiencing special problems with oxidants and 1982. Prior to listing a category or promulgating carbon monoxide. State implementation plans (SIP)are regulations, the EPA administrator must consult with to include limitations on emissions from stationary appropriate representatives of state governors and air sources, timetables for compliance, monitoring pollution control agencies. procedures, preconstruction review procedures for new Once a proposed standard has been published in the sources, motor vehicle emission inspection and Federal Register, interested persons must be given the maintenance programs, transportation controls and opportunity for written comment prior to promulgation enforcement programs. of final standards. These standards must be reviewed at The EPA administrator is required to review each state least every four years. implementation plan to determine compliance with the Each state is required to submitto the administrator a federal requirements. If a state fails to submit an plan which establishes performance standards for any implementation plan orto revise a plan as required, or if existing air pollutant source for which air quality cri- any portion of the plan is determined to be inadequate, teria have not already been issued under section 108 or then the administrator is directed to prepare and 112. The plan must also include provisions for imple- publish a complete plan or appropriate portion of the mentation and enforcement. As with the section 110 plan for the state. States not submitting revised SIPs by SIP, EPA may prescribe and enforce such a plan for any January 1, 1979 could lose federal funds for sewer state failing to submit a satisfactory plan. construction, air qualityprograms or highways and EPA In addition, a state may develop and submit to the could ban construction of new projects in their administrator procedures for implementing and nonattainment areas. enforcing performance standards for new stationary sources of air pollutants. If EPA finds these procedures Performance Standards for New to be adequate, it will delegate implementation Stationary Sources (Section 111) authority to the state. In addition to air quality standards, EPA has been given the authority to establish uniform national Prevention of Significant Deterioration (PSD) standards of performance for new or substantially (Sections 160-169) The intent of the 1970 act was clarified by a 1973 Supreme Court decision in favor of the plaintiff, a 4There are six air quality control regions in Florida. The Tampa Bay area is in the West Central Intrastate Region. On the date of 5Asof August1978, EPA had setfinal performancestandardsfor 28 enactment of the 1977 CAA amendments, each state was required to categories of new and modified stationary sources including fossil submit a list of air quality control regions which did not meet fuel steam generators, incinerators, cement plants, coal preparation national air quality standards and those cleaner than minimum plants, phosphatefertilizerplantsandoil refineries, ("Environmental standards for any air pollutant. (section 107) News," EPA, 1 September 1978.) 59 citizen environmental group. The Court ordered EPA to implementation plan for nonattainment areas 8 must develop regulations to prevent significant air quality provide for annual incremental reductions in pollutant deterioration in areas with above-standard air purity. emission so as to attain standards by the prescribed The result was an area classification system which deadlines (section 173). Construction permits may not linked the amount of additional pollution allowable to be issued for new or modified stationary sources unless the nature of the area. The system was altered the new emissions are offset by reductions in emissions somewhat and incorporated into the act by the 1977 from existing sources or they do not exceed the amendments. allowable emission level for new sources specified in Almost any air quality degradation is prohibited in the state's plan. A public hearing is required prior to Class I areas which include international parks, national adoption of plan provisions. memorial parks, national wilderness areas and national In those areas where national primary standards for parks. All other above-standard areas were initially photochemical oxidants or carbon monoxide cannot be designated Class II, allowing moderate increases in attained by December 31, 1982, a revised pollution. States may redesignate these Class II areas implementation plan must be prepared by local elected after making available to the public an analysis of officials and be coordinated with the comprehensive potential effects and holding public hearings in the transportation planning process.9 Standards must be affected areas. (section 164) attained by December 31, 1987. There must be public, A preconstruction permit is required for any major local government and state legislative involvement in stationary sources in these areas (section 165). Smaller determining planning and implementation responsibil- facilities6 were largely exempted from "best available ities. The 1977 amendments also authorize states with control technology" evaluation and air quality impact special auto-related pollution problems to adopt and review by the "two-tiered approach" adopted by EPA in enforce the stricter California auto emission standards June 1978. States were required to incorporate these to help them attain minimum standards (section provisions into their SIP revisions. State and local 177).10 governments are eligible for EPA aid in developing economic incentive programs designed to "plan" Auto Emissions (Section 202) (versus apportioning on a first-come, first-served basis) The 1970 amendments required 1975-model autos to the allocations of air pollution increments.7 show a 90 percent reduction over 1970- and 1971-model Nonattainment Areas (Sections 171-178) 8It should be noted that a local area may be both a nonattainment The 1977 CAA amendments required state and local area for some pollutants and an above-standard area for others. governments to develop revisions to SIPs for areas 91f an organization of elected local government officials of the where standards had not been attained. A state's affected area is not designated by local agreement to prepare this implementation plan, the 1977 amendments authorized the governor, after consulting with local elected officials, to designate 6 such a group-where possible, the metropolitan planning organi- 6Those sources which would emit less than 50 tons per year of zation for transportation planning or the organization responsible pollutants after pollution controls have been applied. for air quality maintenance planning. 7Community Planning Report and Land Use Planning Report, 19 10Auto emission standards are not otherwise established or June 1978. enforced at the state level. 60 levels of hydrocarbon, carbon monoxide and nitrogen The 1977 amendments authorize the delay of oxide emissions. A number of delays and extensions compliance deadlines for oil- and natural gas-burning were subsequently granted due to industry claims of facilities which are required to convert to coal. technological problems, congressional reaction to the oil embargo and the suggestion that emissions from catalytic converters might injure health. When Citizen Participationt automakers claimed they could not meet the extended an become involved in the improvement 1978 deadlines and warned they would shut down to and protection of air quality by attending public avoid fines, Congress further extended compliance hearings and mitting comments on proposed air deadlines through the 1977amendments-1980 model quality, performance and emission standards, state year for hydrocarbons, 1981 for carbon monoxide and implementation plans and revisions, area reclassifica- relaxed standards for nitrogen oxides. The act tions and requests for auto emission compliance delays. ..relaxed standards for nitrogn os." Te atIndividuals can request to be included on the DER includes provisions for waiver of the carbon monoxide deadline and nitrogen oxide standards by the EPA mailing list for information regarding air quality and can serve on regional air quality advisory boards or administrator upon application by the manufacturer attend board meetings. Also citizens can monitor the and after public hearings. actions of pollutant sources, report violations to local authorities or bring suit against polluters. Enforcement (Sections 113, 120, 303, 304, 306)12 The act established a joint regulatory system-the federal government sets air quality standards while actual emissions limitations are set largely by the states. Most of the enforcement responsibility remains at the Construction Permit Process14 state and local level although EPA has the authority to Florida has developed an EPA-approved construction intervene when states fail to carry out this permit process to implement and enforce performance responsibility. Penalties for noncompliance include the standards for new stationary sources of air pollutants. denial of federal contract awards or loans (section 306), Any potential air pollution source must obtain the the imposition of fines or imprisonment (sections permit prior to construction. Application is filed with 113,303). To discourage compliance delays, the 1977 the DER district office15 which must publish public amendments added a new noncompliance penalty for notice of the application in the region which would be major stationary sources equal to the amount it would cost the facility to meet the standards (section 120). Additionally, citizens may, with prior notice, bring civil 13LWVEF, "Federal Environmental Laws and You," p. 9. action against violators and also against the EPA for failure to properly administer the law (section 304). 14The state Environmental Regulatory Commission scheduled a hearing for January 25, 1979 on proposed additional regulations which would become effective July 1, 1979 if approved. The SIP revisions will prescribe a new procedure for permitting in nonattain- LWVEF, "Federal Environmental Laws and You," p. 8. ment areas. 12lbid. 15For the Tampa Bay region this is the Southwest District. 61 affected. Notices must also be sent to the regional EPA some application of emission offsets. The final revised office in Atlanta and to all other state and local air plan will be submitted by the governor to EPA for pollution control agencies having jurisdiction in the review.18 affected region. Notice is followed by a 30-day public and agency comment period. A formal public hearing may also be requested. Public hearings must comply Hillsborough County Programs with chapter 120, the Administrative Procedure Act.16 A special act of the Florida legislature established the Hillsborough County Environmental Protection Com- Before an operating permit can be issued, the facility mission (EPC) in October 1967.19 Composed of the must submit to a series of tests to assure it is in missioners, the county EPC is a compliance with air quality and emission standards. rule-making, adjudicatory and governing body. The Operating permits are issued for a maximum of five special act provides for the adoption of rules and years, with continued compliance a prerequisite for regulations necessary for the effective control and permit renewal. regulation of air (and water and noise) pollution in the county (section 5). In addition, EPC is charged with establishing, operating and maintaining a countywide program of air quality monitoring (section 8).20 The Florida's Air Quality Implementation Plan EPC investigates violations and enforces both EPA approved Florida's ambient air quality stationary source emission limitations and ambient air implementation plan in the spring of 1972.17 Permits quality standards. The EPC staff also inspects all for existing and potential air pollution sources are permitted and potential stationary sources of air issued by the Department of Environmental Regulation pollution and monitors them to assure compliance.21 in accordance with the ambient air quality and emission standards included in the SIP. Local govern- ments may adopt air pollution regulations provided As a result of the recent change in the ambient air quality they are not in conflict with or less stringent than the standards for ozone, some nonattainment areas are eligible for state standards. redesignation and Florida's transportation control measures may have to be revised. ("Environmental Regulation News," DER, Preparation of the revisions of the SIP for February 1979.) nonattainment areas was on schedule at the time of publication. A public hearing was held January 24, 19Chapter 67-1504 as amended by chapters 69-1149, 71-681, 1979 in Tallahassee on the revisions which describe 72-563, Laws of Florida. nonattainment areas and establish a regulatory process for permitting new and existing sources of air pollution 20An Air Monitoring Network has been established for the in those areas. The proposed review process includes measurement of: total suspended particulates (TSP), sulfur dioxide (SO2),ozone (03) (photochemical oxidants), carbon monoxide (CO), hydrocarbons, sulfates, and nitrogen dioxide. 16See .. 16 for an explanation of chapter 120 quasi-judicial 21The airprogram currently operated by the Hillsborough County 16See p. 16 for an explanation of chapter 120 quasi-judicial Environmental Protection Commission involves a coordination of hearings. technical and analytical activities among six departments within the 17These air quality and emission standards are described in county Division of Environmental Protection: Air Engineering, Air These air quality and emission standards are described in Monitoring, Data Analysis, Laboratory, Complaints and chapter 17-2, Florida Administrative Code. Enforcement. 62 As a result of a letter of agreement with DER, the cost-effective strategies. When the revisions to the SIP Hillsborough Environmental Protection Commission is are essentially completed, the EPC plans to hold public responsible for initial review of construction and hearings to inform local citizens of the county operation permit applications within the county's proposals and to receive public comment on the new jurisdiction, regulations. Hillsborough County has been designated a nonattainment area for total suspended particulates and ozone. The EPC is the designated lead agency Manatee County responsible for drafting the revisions of the state The Manatee County Pollution Control Program was implementation plan (SIP) for the county required by created in November of 1965, after a successful the 1977 amendments for those areas not meeting the countywide referendum vote. Initial plans and the national primary ambient air quality standards. adoption of a local air pollution control ordinance were The revised SIP must contain provisions for the handled by the newly-formed Manatee County review of permit applications for new or modified Pollution Control Board-- nine members appointed by stationary sources and the assessment of their impact the county commission representing a variety of on the ambient air quality. No major new source may occupational disciplines. The county's air pollution be allowed to significantly deteriorate the existing air program is currently administered by the Manatee quality. Specific control strategies must be devised County Health Department (Pollution Control which will assure attainment of standards by the end of Department) under the state Department of Health and 1982. Among the strategies to be employed are the Rehabilitative Services. The department's staff presents application of the "lowest achievable emission rate" problems, suggestions and other relevant information (LAER) for all new sources and the requirement that all to the Pollution Control Board which in turn submits "reasonably available control technology" (RACT) be recommendations to the board of county commission- installed by existing sources. ers. Under the federal act, Hillsborough County could be On December 3, 1968 Manatee County's air pollution granted a five-year extension, to 1987, of the attainment ordinance was adopted and in January 1970, it became deadlineforozone. Inordertoqualify for an extension the first state-approved local program. The program the county must: (1) establish a program for analyzing consists of three divisions: laboratory, air and water. alternative sites, sizes, processes, and control The "lab" is ci -bleof analyzing most types of samples techniques prior to the construction or modification of with the exceptuion of heavy metals and pesticides. The any major emitting facility; (2) establish a specific air program is responsible for complaint investigation, schedule for implementation of a vehicle emission sampling, surveillance and inspection of sources, control inspection and maintenance program; and (3) enforcement, permitting and the noise program. All identify other measures necessary to provide for program activities are coordinated through the attainment of the applicable standard by December 31, pollution control director. The county also has a wind 1987. (section 172) probe and a mobile air trailer, equipped with In the course of assessing the technical and legal continuous sulfur dioxide and carbon monoxide aspects of the plan revisions, the county EPC staff has monitors, which is used for special surveys. been meeting with representatives of industry, business Field audits are conducted once a month to ensure and conservation interests. The input from these that valid air pollution samples are taken. The meetings was utilized to draft more equitable and department employs federally-approved methods of 63 collection and calibration. The EPA also sends the this grant would obligate the board of county department interlaboratory "check-samples" for use in commissioners to adopt a local air quality ordinance evaluating county laboratory and field instruments. which is consistent with the state implementation plan. Plant inspections are conducted to check plant con- In March 1978 EPA designated Pinellas County a ditions, production rates and stock conditionsaswell as nonattainment area for ozone and sulfur dioxide. As permit provisions and requirements. such, Pinellas County is required to develop a plan in conjunction with DER to attain and maintain the national ambient air quality standards for those pollutants. This plan will become part of the revisions Pinellas County to the state implementation plan. Presently Pinellas County's Air Pollution Control Pursuant to section 174 of the 1977 Clean Air Act Program involves monitoring and planning activities. Amendments, the governor designated the Pinellas The Air and Water Quality Division of the Pinellas County Metropolitan Planning Organization (MPO) as County Department of Environmental Management the lead planning agency for development of the plan. monitors the air pollutants for which EPA has The Pinellas County Department of Environmental established standards. The present findings indicate Management has been assigned staff responsibilities for that Pinellas County has a countywide ozone problem plan development in cooperation with the MPO. As and a sulfur dioxide problem in northern Tarpon parts of the plan are completed, presentations are being Springs. made to the MPO for approval and to the MPO's Pinellas County relies on the Florida Department of Citizens AdvisoryCommitteefor suggestions and input. Environmental Regulation for abatement of air On February 7, 1979 a public hearing was conducted by pollution problems. However, the county is applying the MPO to receive citizen comment on the plan. When for an EPA grant of $80,000 to expand its program to adopted, the plan will be forwarded to DER for incor- include enforcement and permitting. Acceptance of poration into the SIP. ADDITIONAL INFORMATION ON THE ACT, SIP AND STATE PERMITTING PROCEDURES IS AVAILABLE FROM THE DER SOUTHWEST DISTRICT OFFICE IN TAMPA AND THE BUREAU OF AIR QUALITY MANAGEMENT IN TALLAHASSEE. FOR INFORMATION ON LOCAL AIR QUALITY PROGRAMS, SEE THE CONTACT LIST FOR APPROPRIATE COUNTY AGENCY INDICATED IN CHAPTER TEXT. 64 F~~~I Im N~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CONTACT LIST CITIZEN-BASED INTEREST GROUPS Tampa Bay Sierra Club 12702 20th Street, North Tampa, Florida 33612 Conservation Groups: (813) 971-1474 Citizens Against River Pollution (C. A. R. P.) Miscellaneous: Post Office Box 1574 Riverview, Florida 33569 (813) 677-2962 American Cancer Society 1001 South Mac Dill Avenue Hillsborough Environmental Coalition Tampa, Florida 33609 Post Office Box 2800 (813) 251-3767 Tampa, Florida 33601 (813) 257-2921 (evenings) Bell Lake Association Post Office Box 15 lzaak Walton League Land O' Lakes, Florida 33539 1619 Palma Sola Boulevard Bradenton, Florida 33505 Greater Tampa Chamber of Commerce 803 East Kennedy Boulevard Manasota-88 Tampa, Florida 33602 5314 Bay State Road (813) 228-7777 Palmetto, Florida 33561 Gulf Coast Lung Association Save Our Bay 6160 Central Avenue Post Office Box 2800 Saint Petersburg, Florida 33707 Tampa, Florida 33601 (813) 347-6133 Sun City Center Audubon Society Junior League of Tampa, Inc. 1233 Fordham Drive 87 Columbia Drive Sun City Center, Florida 33570 Tampa, Florida 33606 (813) 257-5961 Tampa Audubon Society 4303 North A Street Lake Padgett Civic Association Apartment 8 736 South Shore Drive Tampa, Florida 33609 Land O' Lakes, Florida 33539 67 League of Women Voters Florida Petroleum Council Post Office Box 10513 111 North Gadsden Street Tampa, Florida 33609 Tallahassee, Florida 32301 (813) 251-0840 Home Builders Association of Greater Tampa South Hillsborough County Chamber of Commerce Post Office Box 420 315 South Highway 41 801 East Kennedy Boulevard Ruskin, Florida 33534 Tampa, Florida 33601 (813) 645-3808 (813) 228-7777 Tampa-Hillsborough Historic Preservation Board Pasco County Builders Association 1509 Eighth Avenue Post Office Box 381 Tampa, Florida 33605 Holiday, Florida 33589 (813) 272-3843 (813) 934-4695 Tampa Board of Realtors PRIVATE SECTOR ORGANIZATIONS AND FIRMS Post Office Box 18304 Tampa, Florida 33679 (813) 879-7010 Organizations: Contractors Association of Sarasota/Manatee 534 South Pineapple Avenue Suite 203 Sarasota, Florida 33577 Firms: (813) 959-5151 Contractors and Building Association of Frandorson Properties Pinellas County 6510 Surfside Boulevard 5001 Park Boulevard Apollo Beach, Florida 33570 Suite 201 (813) 645-9606 Pinellas Park, Florida 33565 (813) 541-2681 Jim Walter Corporation 1500 North Dale Mabry Farm Bureau of Hillsborough County Tampa, Florida 33605 1005 Mulrennan Road (813) 871-4811 Valrico, Florida 33594 Lykes Brothers, Inc. Florida Fruit and Vegetable Association Post Office Box 2879 Post Office Box 881 Tampa, Florida 33601 Ruskin, Florida 33534 (813) 223-3981 68 Phosphate Rock, Inc. Hillsborough County Building and Zoning Department 1311 North West Shore Permits Suite 30 705 East Kennedy Boulevard Tampa, Florida 33607 Tampa, Florida 33602 (813) 879-7310 (813) 272-5600 Tampa Electric Company Zoning Administrator Post Office Box 111 (813) 272-5710 Tampa, Florida 33601 (813) 879-4111 Zoning Complaints (813) 272-5715 GOVERNMENTAL UNITS Hillsborough County Environmental Protection Commission 1900 Ninth Avenue City/County: Tampa, Florida 33601 (813) 272-5960 Hillsborough County Air Pollution Index Information Services, Director (813) 248-1512 419 Pierce Street Post Office Box 1110 Tampa, Florida 33601 (813) 272-5780 Hillsborough County Department of Health Public Response Environmental Health (813) 272-5900 1105 East Kennedy Boulevard Tampa, Florida 33602 County Administrator (813) 272-6320 (813) 272-5920 Environmental Engineering County Development Department (813) 272-6310 (813) 272-5920 Hillsborough County Planning Commission Hillsborough Soil and Water Conservation District 700 Twiggs Street 700 Twiggs, Room 417 Tampa, Florida 33601 Tampa, Florida 33602 (813) 272-5940 (813) 272-6634 69 City of Tampa Manatee County Pollution Control Department/ Service and Information Center Environmental Engineering City Hall 202 Sixth Avenue East Tampa, Florida 33602 Bradenton, Florida 33508 (813) 223-8211 (813) 748-0666 Water Resources and Public Works Manatee River Soil and Water Conservation District (813 223-8711 1303 17th Street, West Post Office Box 965 Tampa Department of Revenue and Finance Palmetto, Florida 33561 Bureau of City Planning (813) 722-1108 1 City Plaza, 8E Tampa, Florida 33602 Manatee County Port Authority (813) 223-8282 Director Port Manatee, Route 1 Tampa Urban Area Transit Study (TUATS) Palmetto, Florida 33561 Metropolitan Planning Organization (813) 722-6621 Post Office Box 1110 Tampa, Florida 33601 Sarasota/Manatee Area Transportation Study (SMATS) (813) 272-5946 Metropolitan Planning Organization 2086 Main Street Tampa Port Authority Sarasota, Florida 33577 Post Office Box 2192 (813) 958-9711 Tampa, Florida 33601 (813) 248-1924 Pasco County Post Office Drawer 609 200 Commerce Avenue Manatee County Commission New Port Richey, Florida 33568 Courthouse Post Office Box 1000 Pasco County Development and Code Enforcement Bradenton, Florida 33506 Department Planning Division Manatee County Administrator 4025 Moon Lake Road 212 Sixth Avenue East New Port Richey, Florida 33552 Bradenton, Florida 33508 (813) 847-2411 Planning and Development Pasco County Administrator (813) 748-4501 (813) 847-2411 70 Pasco County Pinellas County Sewer Department 410 East Meridian Avenue 310 Haven Street Dade City, Florida 33525 Clearwater, Florida 33516 (905) 567-5271 (813) 448-3721 Pinellas County Air and Water Quality Division Pasco Soil and Water Conservation District St. Petersburg/Clearwater Airport Post Office Box 466 Clearwater, Florida 33520 Dade City, Florida 33525 (813) 448-2521 (813) 567-2172 Pinellas County Public Service and Information 545 1st Avenue North Pinellas County St. Petersburg, Florida 33707 Courthouse (813) 893-5826 315 Haven Street Law Library Clearwater, Florida 33516 (813) 893-5875 (813) 448-2626 Pinellas County Health Department Public Service and Information EvrnetlHat (813 ) 4 48-3861 ~~~~~~Environmental Health 5111 66th Street, North St. Petersburg, Florida 33707 County Administrator (1)5128 (813) 448-2485 Pinellas Soil and Water Conservation District Environmental Management Department Post Office Box 637 (813) 448-3761 Largo, Florida 33540 (813) 584-6481 Pinellas County Planning and Zoning Department 440 Haven Street Pinellas County Community Development Clearwater, Florida 33516 1100 Building, 4th Floor 1100 Cleveland Street Planning Division Clearwater, Florida 33515 (813) 448-3751 (813) 448-3851 Zoning Division Pinellas Area Transportation Study (813) 448-2401 Metropolitan Planning Organization (PATS-MPO) 440 Haven Street Department of Engineering and Public Works Clearwater, Florida 33516 (813) 448-2251 (813) 448-3751 71 Central Pinellas Transit Authority (CPTA) Department of Environmental Regulation 14840 49th Street, North Twin Towers Office Building Clearwater, Florida 33520 2600 Blair Stone Road (813) 536-7806 Tallahassee, Florida 32301 Public Information and Legislative Office (904) 488-0450 Tampa Bay Regional Planning Council Division of Environmental Permitting 9455 Koger Boulevard (904) 488-0130 St. Petersburg, Florida 33702 (813) 577-5151 Division of Environmental Programs (813) 224-9380 (Tampa) (904) 487-1855 Southwest Florida Water Management District Bureau of Air Quality Management 7601 Highway 301, North (904) 488-1344 Tampa, Florida 33601 (813) 228-9850 Bureau of Coastal Zone Planning (904) 488-8614 Southwest Florida Water Management District 5060 U.S. Highway 41, South NPDES Permit Section Brooksville, Florida 33512 (904) 487-1620 (904) 796-7211 Bureau of Wastewater Management and Grants West Coast Regional Water Supply Authority (904) 488-8163 A.G. Spanos Executive Center Suite 121, Building L Bureau of Water Management 2280 U.S. 19, North (904) 488-9560 Clearwater, Florida 33515 (813) 725-5511 (813) 223-9343 (Tampa) State: Department of Natural Resources Crown Building 202 Blount Street Department of Environmental Regulation Tallahassee, Florida 32304 Southwest District (904) 488-1555 7601 Highway 301, North Tampa, Florida 33601 Division of Resource Management (813) 985-7402 (904) 488-7500 72 Department of Administration Air Enforcement Branch Division of State Planning Southern Compliance Section 530 Carlton Building (404) 881-4253 Tallahassee, Florida 32304 (904) 488-1115 Water Enforcement Branch Permits-Public Participation Bureau of Comprehensive Planning (404) 881-2328 (904) 488-2401 Office of Public Awareness (A-107) Bureau of Land and Water Management Washington, D.C. '20460 (904) 488-4925 (202) 755-0344 Department of Community Affairs Corps of Engineers Division of Technical Assistance Permit Section Bureau of Local Assistance Tampa Area Office 2571 Executive Center Circle East Post Office Box 19247 Tallahassee, Florida 32301 Tampa, Florida 33686 (904) 488-2356 (813) 228-2576 Information For All State Agencies: United States Geological Survey (904) 488-1234 Water Resources Division 4710 Eisenhower Boulevard, B-5 General Information-St. Petersburg Area: Tampa, Florida 33614 (813) 893-2121 (813) 228-2124 Urban Mass Transportation Administration Federal: 1720 Peachtree Road, Northwest Suite 400 Federal Information Center Atlanta, Georgia 30309 144 First Avenue, South (404) 881-7853 St. Petersburg, Florida 33701 Office of Coastal Zone Management (813) 893-3495 3300 Whitehaven Street, Northwest (813) 229-7911 (Tampa) Washington, D.C. 20235 (202) 254-7546 U.S. Environmental Protection Agency Region IV Water Resources Council 345 Courtland Street 2120 L Street, Northwest Atlanta, Georgia 30308 Washington, D.C. 20037 (404) 881-2156 (202) 655-4000 73 GLOSSARY OF TERMS Air pollutants: In Florida, an air pollutant is defined as Coastal zone boundaries: Determination of a state's "Any matter found in the atmosphere other than inland boundary, including those areas which must oxygen, nitrogen, water vapor, carbon dioxide and be managed to control uses with direct and the inert gases in natural concentrations." (chapter significant impacts on coastal waters, special 17-2, Florida Administrative Code) management areas, transitional and intertidal areas, salt marshes and wetlands, islands and beaches; Appurtenant work: Any artificial improvement to a seaward boundary; interstate boundaries (where dam which might affect the safety of such dam or the pertinent, at least an indication of consultation with reservoir or impoundment created by the dam. adjoining coastal states); and excluded areas (those (373.403(2), F.S.) lands owned by or otherwise solely under the discretion of the federal government). (1978 CZM Aquifer: A hydrologic unit consisting of a geologic rules and regulations) formation, a related group of formations, or only part of a formation, which is saturated with water and capable of transmitting usable quantities of water to Construction permit: As defined in "Rules of the wells or springs. (16J-0.02(2), F.A.C.) Department of Environmental Regulation," a construction permit is "the legal authorization Areas of particular concern: Areas determined by a granted by the Department to construct, expand, state to require special management. Designations modify, or make alterations to any installation and to temporarily operate and test such new or modified may be made by type of area or be site-specific or temporarily operate and test such new or modified both. Types of coastal areas to be considered for such designation include: areas of unique, fragile habitatorof historicalorscenicsignificance; areas of Effluent limitations: Limitations on the discharge of high natural productivity or essential habitat for pollutants into the environment, partially or living resources; areas of high recreational value; completely treated or in their natural state. areas where developments and facilities are dependent on utilization of, or access to, coastal waters; areas of unique geologic significance for Eminent domain: The right or power exerted by a state commercial development; areas of urban concentra- over all properties within its boundaries that tion; areas of significant hazard from storms, slides, authorizes it to appropriate all or part of a parcel of floods, erosion and salt intrusion; areas needed to property for a necessary public use, provided protect, maintain or replenish coastal lands or reasonable compensation is made. resources. (1978 CZM rules and regulations) Governing body: The board of county commissioners Areas for preservation: Areas designated for the pur- of a county, the commission or council of an pose of preserving or restoring them for their incorporated municipality, or any chief governing conservation, recreational, ecological or esthetic body of a unit of local government. (163.3164(7), values. (1978 CZM rules and regulations) LGCPA) 74 Impoundments: "Any lake, reservoir, pond, or other Standards of performance: Allowable emission limi- containment of surface water occupying a bed or tations established for a category of sources. For depression in the earth's surface and having a categories of fossil-fuel fired stationary sources such discernible shoreline." (373.019(15), F.S.) standards also prescribe percentage reductions in emissions from those which would have resulted Local government: "Anycounty or municipality or any without treatment. For existing sources affected by special district or local governmental entity section 112(d), the degree of emission reduction established pursuant to law which exercises achievable through the application of the best sys- regulatory authority over, and grants development tem of continuous emission reduction demonstrated permits for, land development." (163.3164, LGCPA) for a particular category of sources. (section 111, Clean Air Act) New sources: Any stationary source the construction or modification of which is begun after the publication of regulations prescribing applicable standards of State control: The management program must demon- performance. (section 111, Clean Air Act) strate the state's ability to control each permissible land and water use and preclude those not Priority of uses: Priority guidelines, including uses of permissible. The application should list relevant state lowest priority, established for areas of particular constitutional decisions and other appropriate concern. These management concerns and policies documents or actions which establish the state's legal on how resources should be protected and developed basis for such controls. It is the state's responsibility may also be established throughout the coastal zone to develop the "means" of control, i.e., the legal and should be made strongly advisory to capability to implement the objectives, policies and decision-makers. This designation of priorities will individual components of the management program. provide the basis for special management and serve (CZM rules and regulations) as a common reference point for resolving conflicts. (1978 CZM rules and regulations) Works of the district: As defined in the rules of the Public notice: "The publication of notice . . . of a Southwest Florida Water Management District, any hearing at least twice in a newspaper of general lakes or other impoundments, streams or other water circulation ... with the first publication not less courses, control structures or other facilities owned than 14 days prior to the date of the hearing and the and maintained by the district or adopted by the second at least 5 days prior to the hearing." governing board as works of the district. (163.3164(16), LGCPA) (16J-1.002(2), F.A.C.) 75 SELECTED REFERENCES GENERAL REFERENCES Clark, John R. Coastal Ecosystem Management: A Technical Manual for the Conservation of Coastal Zone Resources. New York: John Wiley & Sons, 1977. American Instituteof Planners, Research Office. Survey "Comment: Public Participation in Local and Land-Use of State Land Use Planning Activity. Washington, Planning: Concepts, Mechanisms State Guidelines D.C.: U.S. Government Printing Office, 1976. and the Coastal Area Management Act." North Carolina Law Review (June 1975). American Society of Civil Engineers. Coastal Zone 78. New York, 1978. The Conservation Foundation. A Citizen's Guide to Clean Air. Washington, D.C.: The Conservation Barnes, Peter, ed. The People's Land: A Reader on Land Foundation. Reform in the United States. Emmanus, Pa.: Rodale Press, 1975. The Conservation Foundation. Toward Clean Water: A Guide to Citizen Action. Washington, D.C.: The Barney, Gerald O. The Unfinished Agenda: The Conservation Foundation 1976. Citizen's Policy Guide to Environmental Issues. New York: Thomas Y. Crowell, 1977. Cutler, Rupert M. and Bronstein, Daniel A. "Public Involvement in Government Decisions." Alterna- Bosselman, Fred and Callies, David. The Quiet tives (Autumn 1974): 11-13. Revolution in Land Use Controls. Washington, D.C.: U.S. Government Printing Office, 1973. Healy, Robert G. Land Use and the States. Baltimore: Johns Hopkins University Press, 1975. Burchell, Robert W. and Listokin, David, ed. Future Land Use: Energy, Environmental and Legal Con- Izaak Walton League. Citizen's Guide to Action for straints. New Brunswick, New Jersey: Center for Clean Water. Arlington, Virginia: Izaak Walton Urban Policy Research of Rutgers University. League, 1973. Caldwell, Lynton K.; Hayes, Lynton R.; and MacWhiter, League of Women Voters, Education Fund. "Coastal Isabel M. Citizen and the Environment:Case Studies Zone Management Program." Current Focus. 572 in Popular Action. Bloomington, Indiana: Indiana (April 1975): 1-6. University Press, 1976. League of Women Voters, Education Fund. "Federal Citizen's Advisory Committee on Environmental Environmental Laws and You." Current Focus. Quality. How Will America Grow? A Citizen's Guide Washington, D.C. (1978). to Land Use Planning. Washington D.C.: Citizen's Advisory Committee on Environmental Quality, League of Women Voters, Education Fund. "The Clean 1976. Water Act of 1977." Washington, D.C. (1978). 76 Mandelker,Daniel R. Environmental and Land Controls Stover, Emily Jane, ed. Protecting Nature's Estate: Legislation. Indianapolis: The Bobbs-Merrill Co., Techniques for Saving Land. Washington, D.C.: U.S. Inc., 1976. Government Printing Office, 1975. Miles, Rufus E. Awakening from the American Dream: U.S. Environmental Protection Agency. Trends in the The Social and Political Limits to Growth. New York: Qualityof the Nation's Air. Washington, D.C., March Universe Books, 1976. 1977. National Resources Defense Council, Inc. Land Use Controls in the United States: A Handbook on the STATE REFERENCES Legal Rights of Citizens. New York: Dial Press/James Wade. 1977. Athos, Deborah E. "Growth Management: Improving Orloff, Neil. The Environmental Impact Statement Citizen Participation." Florida Environmental and Process: A Guide to Citizen Action. Washington, Urban Issues IV (August/September 1977): 4-6, 12-13. D.C.: Information Resources Press. Bartley, Ernest. Comprehensive Planning and Develop- Ragan, James F., Jr. Public Participation in Water ment: An Introduction for the Citizen. University of Resources Planning: An Evaluation of the Programs Florida Civic Information Series, No. 57 and Urban of 15 Corps of Engineers Districts. Springfield, and Regional Planning Series, No. 2. Gainesville: Virginia: U.S. Department of Commerce, National Public Administration Clearing Service, 1975. Technical Information Service, November 1975. Carter, Luther J. "The Florida Experience." Florida Rosenbaum, Nelson M. Citizen Involvement in Land Environmental and Urban Issues II (July/August Use Governance: Issues and Methqds._Washington, 1975): 1-2, 12-15. D.C.: Urban Land Institute, 1975. The Florida Experience: Land and Water Schnidman, Frank; Silverman, Jane A.; and Young, Policy'in a Growth State. Baltimore: Johns Hopkins Rufus C. Jr., ed. Management and Control of Growth. Press, 1974. Vol. IV: Techniques in Application. Washington, D.C.: The Urban Land Institute, 1978. Catlin, Robert A. "Comprehensive Planning In Hills- borough County." Florida Environmental and Urban Issues VI (November/December 1978)' 1-5, 17. Scott, Randall W., ed. Management and Control of Growth: Issues, Techniques, Problems, Trends. 3 Vols. Washington, D.C.: The Urban Land Institute, DeGrove, John M. "Land Management: New Directions, 1975. for the States." Chapter 6 in Urban Options I, by Alan K. Campbell, William C. Colman, John M. DeGrove, Shabman, Leonard A. "Toward Effective Public Arthur Naparstek, Allen E. Pritchard and Arthur Participation in Coastal Zone Management.' Coastal Naftalin. Columbus, Ohio: Academy for Contem- Zone Management Journal (Winter 1974): 197-207. porary Problems, 1976. 77 Dennison, Daniel H. "The DRI Process: A Developer's Mabe, Susan. "Florida'sCoastal Zone Planning-A New View." Florida Environmental and Urban Issues III Strategy." Florida Environmentaland Urban Issues IV (November/December 1975): 9-10, 17. (March/April 1977): 1-3. Dore, Patricia. "The Florida APA or Is This the End of MacKay, Kenneth H., Senator. "Florida's Land Use Phantom Government?" Florida Environmental and Restrictions: Are They Serving the Public Interest?" Urban Issues II (March/April 1975): 3-4, 16-17. Florida Environmental and 'Urban Issues III (January/February 1976): 1-3, 13. Florida Department of Community Affairs, Division of Technical Assistance, Comprehensive Planning May, James W. "The DRI Process: A State View." Assistance Program. Citizens Participation Element: FloridaEnvironmentalandUrban ssues III(March/ Guidelines for Local Government Recipients. Tal- April 1976):10-14. lahassee, Florida: Department of Community'Affairs, March 1975. Milledge, Allen. "Local Government Comprehensive Planning Act of 1974." Florida Environmental and Florida Department of Natural Resources, Division of Urban Issues II (August/September 1974): 6, 9. Resource Management, Bureau of Coastal Zone Planning. "Coastal Zone Planning in Florida: A Question of Balance," Florida Environmental and Misczynski, Dean S. "Industrial Siting: Problems and Urban Issues IV (November/December 1976): 9-13. Proposals." Florida Environmental and Urban Issues V (May/June 1978): 1-3, 15. Florida House Committee on Natural Resources, staff. "Wetlands in Florida: A New Legal Status?" Florida Rhodes, Robert M. "Compensating Police Power Environmental and Urban Issues IV (March/April Takings: Chapt. 78-85, Laws of Florida." Florida 1976): 4-6. Environmental and Urban Issues VI (September/ October 1978): 1-3, 12-13. Gallop, Earl G. "The Florida Environmental Land and Water Management Act of 1972: A Partially Fulfilled Sidor, John Jr. "Local Government Comprehensive Expectation." Florida Environmental and Urban Planning Act: Three Years Later." Florida Environ- Issues VI (November/December 1978): 6-9, 18. mental and Urban Issues VI (September/October 1978): 4-7, 11-12. Governor Askew's Staff. "The Florida Comprehensive Swanson, Helge. "The Florida State Comprehensive Plan: Part II." Florida Environmental and Urban Plan: An Overview." Florida Environmental and Issues V (July/August 1978): 9, 21. Urban Issues V (May/June 1978): 9-14. LaRoe, Edward T. "Dredge and Fill for Land Develop- Swanson, Helgeand Tait, Jim. "Adoption of the Florida ment: A Resource Manager's Perspective." Florida State Comprehensive Plan." Florida Environmental Environmental and Urban Issues VI (September/ and Urban Issues VI (November/December 1978): October 1978): 8-10. 13-16. 78 LOCAL REFERENCES Pinellas County Environmental Management Department: Air Quality Report Hillsborough County Commission: Pinellas County Planning Council: Hillsborough County Directory of Services Annual Report (progress report) Minute Budget Minute Budget ~~~~~~~Population Estimate Report Map of "Horizon 2000" Plan Hillsborough County Environmental Protection Hillsborough Community College: Environmental Studies Center Annual Conference on Commission: Air quality report the Restoration of Coastal Vegetation in Florida Water quality report Environmental quality book (1977) LEGAL CITATIONS Hillsborough County Planning Commission: State Annual report Administrative Procedure Act. Chapter 120, Florida "Horizon 2000" Plan Statutes. "Population and Housing Annual Report" Sector plans Florida Coastal Management Act of 1978. Section City of Tampa: 380.20 et seq., Florida Statutes. Capital Improvement Budget The Florida Environmental Land and Water Manage- City conditions report (on update basis) ment Act. of 1972. Sections 380.012.-380.10, Florida Statutes. Manatee County: Capital Facilities Design Criteria Local Government Comprehensive Planning Act of Capital Improvements Program 1975. Section 163.3161 et seq., Florida Statutes. Manatee County Comprehensive Plan Environmental Engineering Yearly Report Florida Water Resources Act of 1972. Chapter 373, Zoning ordinance (new in 1979) Florida Statutes. Pinellas County: Federal Conservation and coastal zone document Demographic study Clean Air Act. 42 United States Code 1857 et seq. Drainage Plan (finally adopted) Economic Base Study Coastal Zone Management Act of 1972.16 United Health Care (initially adopted) States Code 1451 et seq. MPO Report Recreation and Open Space (initially adopted) Federal Water Pollution Control Act (Clean Water Water Supply (draft) Act of 1977). 33 United States Code 1251 et seq. 79 STATE DEPOSITORIES IN THE TAMPA BAY REGION HILLSBOROUGH COUNTY PINELLAS COUNTY Tampa Public Library Clearwater Public Library Main Branch 100 North Osceola Avenue 900 North Ashley Clearwater 37515 Tampa 33602 (813) 443-4588 (813) 223-8865 St. Petersburg Public Library University of South Florida 3745 Ninth Avenue, North 4202 East Fowler Avenue St. Petersburg 33713 Tampa 33620 (813) 822-4523 (813) 974-2729 Stetson University College of Law University of Tampa Charles A. Dana Law Library 401 West Kennedy Boulevard 1401 61st Street, South Tampa 33606 St. Petersburg 33707 (813) 253-8861 (813) 345-1335 SARASOTA AND MANATEE COUNTIES POLK COUNTY Sarasota Public Library Lakeland Public Library 701 Plaza De Santo Domingo 100 Lake Morton Drive Sarasota 33577 Lakeland 33801 (813) 955-4903 (813) 686-2168 80