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Discharge Limitations

Discharge Limitations

Discharge limitations are responses to regulate and control the discharge of pollutants and the use of chemicals. Examples include point and non-point source controls, regulations on the use of chemicals, and technological improvements to reduce emissions.

CMap

Applied chemicals are chemicals applied to lands, vehicles, buildings, or during manufacturing for a variety of purposes, including maintaining pests, improving soil quality, or cleaning surfaces. Atmospheric Emissions include discharges of atmospheric pollutants, including mercury, greenhouse gases, nitrogen and sulfur dioxides, and volatile organic compounds from the operation of factories, vehicles, and other sources. Chemical use regulations are policies to control the production, distribution, and use of potentially toxic chemicals. Cultural services are the nonmaterial benefits people obtain from ecosystems through spiritual enrichment, cognitive development, recreational opportunities, aesthetic experiences, sense of place, and educational and research opportunities. Discharge limitations are responses to regulate and control the discharge of pollutants and the use of chemicals. Discharges are the intentional or unintentional distribution of chemicals, debris, or other pollution, into the environment as a consequence of human activities. Ecosystem services are the benefits people obtain from ecosystems . Hydrological management refers to responses designed to limit discharges by directly controlling the flow of water. Improved technology refers to innovations in the production or distribution activities of factories, transportation, utilities, and other sectors that can lead to healthier, environmentally and economically improved practices that can save energy, resources, and money over time. Invasive species are plants, animals, or other organisms that are foreign to a particular environment, and whose introduction may be detrimental when invasives compete with or consume native species. Littering is a type of pollution that occurs when garbage, including plastics, paper, and metal, are not disposed of properly and can enter coastal waters. Marine debris includes garbage, plastics, glass, and metal, which are not disposed of properly and can enter coastal waters. Non-point source controls are designed to monitor, regulate, and limit pollution from non-point sources, such as urban runoff, agricultural runoff, domestic animals, road construction, timber harvests, boats, and septic systems. Nutrients are essential elements needed by plants and animals for growth and primarily include nitrogen, phosphorous, and potassium, as well as minor nutrients such as calcium, magnesium, or zinc. Pathogens are disease-causing microorganisms, including bacteria, viruses, and fungi. The Reef Ecosystem includes a suite of abiotic variables that form the physical and chemical environment. Point & Mobile Source Controls are designated to monitor and limit water discharge pollution from point sources, such as factories, and mobile sources, such as boats. Pressures are human activities that create stress on the environment. Provisioning services are the products or ecosystem goods obtained from ecosystems, including seafood, genetic and biochemical resources, pharmaceuticals, ornamental resources, and water resources. The state of the Reef Ecosystem is the condition, in terms of quantity and quality, of the abiotic and biotic components including physical, chemical, and biological variables. Reef Habitat is the abundance, distribution, and condition of the benthic components of the reef ecosystem. Reef Inhabitants are all of the motile components of the reef ecosystem, including fish, invertebrates, marine reptiles and mammals, and are quantified by their  abundance, distribution, and condition. Reef Life is the abundance, distribution, and condition of the biological components of the coral reef ecosystem. Regulating Services are benefits obtained from ecosystem processes that regulate the environment, including erosion regulation, natural hazard regulation, and climate regulation. Responses are actions taken by groups or individuals in society and government to prevent, compensate, ameliorate or adapt to changes in Ecosystem Services or their perceived value. Sediment includes dirt, sand, silt, clay, and small rocks that form soil on land or soft substrate in marine habitats, and may be transported by water, wind, or human activities. Socio-Economic Drivers include the sectors that fulfill human needs for Food & Raw Materials, Water, Shelter, Health, Culture, and Security, and the Infrastructure that supports the sectors. Storms and hurricanes are periodic events of high precipitation, winds, wave action, and flooding that can potentially cause damage to reef habitat, property, or human lives. Supporting services are ecological processes that indirectly benefit humans by maintaining a functional ecosystem for the production of other ecosystem goods and services. Surface and groundwater flow reflects the patterns of water movement across the landscape, including rivers, streams, underground water, or stormwater. Toxics are chemical pollutants that are poisonous, carcinogenic, or otherwise directly harmful to humans, plants, or animals. Waterborne discharges include direct and indirect discharges of pollutants into the aquatic environment, including chemicals, nutrients, sediment, and pathogens. A wetland is an area of land whose soil is saturated with moisture either permanently or seasonally.

CMap Description

A change in the provision of ecosystem services, or a desire to improve provision of ecosystem services, may elicit responses to reduce or manage discharges of pollutants into coastal waters. Atmospheric pollution can be controlled with point-source regulations and updating technology to reduce emissions. Non-point source controls can set limitations on the quantity and frequency of discharges. Implementing new or upgraded technology in factories or waste treatment facilities can also reduce emissions or discharges. Regulation of chemical use, including registration, labeling, and evaluation of risk, can be used to identify potentially toxic chemicals. Many of the same socio-economic sectors that create pollution benefit indirectly from goods and services provided by the reef which provides recreational opportunities and contributes to the cultural identity of the local community and drives coastal development.

Citations

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Management Options

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Management Option Description Sources Database Topics

Laws

Legal Citation Purpose of Law Management Organization Database Topics
Air Pollution Control, 62-204 Florida Administrative Code (1996). 62-204.100 Purpose and Scope. (1) This chapter establishes maximum allowable levels of pollutants in the ambient air, or ambient air quality standards, necessary to protect human health and public welfare. This chapter also establishes maximum allowable increases in ambient concentrations for subject pollutants to prevent significant deterioration of air quality in areas where ambient air quality standards are being met. It further specifies approved air quality monitoring and modeling methods. (2) In addition, this chapter designates all areas of the state as attainment, nonattainment, or unclassifiable with respect to each pollutant for which ambient air quality standards have been adopted; further designates certain attainment and unclassifiable areas of the state as air quality maintenance areas for particular pollutants; classifies all areas of the state as Class I, Class II, or Class III for determining which set of prevention of significant deterioration (PSD) increments apply; and designates all attainment and unclassifiable areas of the state as one or more PSD areas for determining which pollutant-specific PSD baseline dates apply. This chapter also sets forth procedures for redesignating and reclassifying areas as above. (3) The Department of Environmental Protection adopts this chapter to identify the Florida State Implementation Plan (SIP) required by the U.S. Environmental Protection Agency pursuant to 40 C.F.R. Part 51; to set forth the public notice and hearing requirements that the Department will adhere to for making SIP revisions; and to set forth the definitions, criteria, and procedures that the Department will use to review a federal agency�s general conformity determination, made pursuant to 40 C.F.R. Part 51, Subpart W; and to adopt by reference an interagency memorandum of agreement that the Department will comply with to review any transportation conformity determination, made pursuant to 40 C.F.R. Part 51, Subpart T. The provisions to 40 C.F.R. 51.853 require that a federal agency make a general conformity determination for any federal agency action in a nonattainment or maintenance area, to ensure that such action is consistent with the SIP and that such federal conformity determination be reviewed by the affected state. The provisions of 40 C.F.R. 51.394 require that a transportation conformity determination be made for the adoption, acceptance, approval, or support of certain transportation plans, transportation improvement programs, and transportation projects in nonattainment and maintenance areas for transportation-related criteria pollutants to ensure that such actions are consistent with the SIP. (4) Finally, this chapter adopts and incorporates by reference federal air pollution control regulations which are referenced in whole or in part throughout the Department�s air pollution control rules.

Application to Coral Reefs:By reducing emmissions to air, particularly carbon dioxide, the pH of ocean waters will not be reduced and that is a direct benefit to coral reefs, since a reduction in pH is believed to be detrimental to corals.

Legislative Actions:The Chapter designates all areas of the state as attainment, nonattainment, or unclassified with respect to each pollutant for which ambient air quality standards have benn adopted.

Comments:This chapter establishes maximum allowable levels of pollutants in the ambient air, or ambient air quality standards, necessary to protect human health and public welfare. This chapter also establishes maximum allowable increases in ambient concentrations for subject pollutants to prevent significant deterioration of air quality in areas where ambient air quality standards are being met. It further specifies approved air quality monitoring and modeling methods.
Florida State Department of Environmental Protection

Jurisdiction:
Atmospheric Emissions; Calcium Carbonate Deposition; Carbon Storage & Cycling; Chemical Use Regulations; CO2; Commercial Fishing Boats; Cruise Ships; Energy Policy & Development; Greenhouse Gas Emissions; Land & Air Transportation; Natural Gas & Electric Power; Non-Greenhouse Gas Emissions; Nutrients; Ocean Acidity; Oil & Gas Tankers; Point & Mobile Source Controls; Primary Production; Resource Use Management; Transportation Policies; Wetlands; Wood, Plastics, & Chemical Products
Biscayne Bay Aquatic Preserve, 18-18 Florida Administrative Code. 18-18.001 Intent. (1) The Biscayne Bay Aquatic Preserve, the boundaries of which are fully described in Rule 18-18.002, F.A.C., was established for the purpose of preserving and enhancing Biscayne Bay and all natural waterways tidally connected to the bay in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations. (2) These rules shall apply to all lands public and private within the boundaries of the preserve. However, privately owned uplands shall be excluded from these rules except as otherwise provided for herein. (3) In promulgating and implementing these rules, it is the intent of the Department to construe the provisions of Sections 258.397 and 258.35 through 258.46, F.S., together and to apply the more stringent statutory provisions for the maintenance of the preserve. (4) The preserve shall be administered and managed in accordance with the following goals: (a) To preserve, protect, and enhance Biscayne Bay and all natural waterways tidally connected to the bay by reasonable regulation of human activity within the preserve through the development and implementation of a comprehensive management program; (b) To protect and enhance the waters of the preserve so that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating and fishing; (c) To coordinate with federal, state, and local agencies to aid in carrying out the intent of the legislature in creating the preserve; (d) To use applicable federal, state, and local management programs, which are compatible with the intent and provisions of the Act and these rules, to assist in managing the preserve; (e) To encourage activities that protect or enhance the biological and aesthetic values of the preserve, including but not limited to the modification of existing manmade conditions towards their natural condition, when reviewing applications or developing and implementing management plans for the preserve; (f) To preserve and promote indigenous life forms and habitats including but not limited to sponges, soft corals, hard corals, seagrasses, mangroves, mud flats, marine reptiles, game and non-game fish species, marine mammals, tropical marine invertebrates, birds and shellfish; (g) To acquire additional title interests in land wherever such acquisitions would serve to protect or enhance the biological or aesthetic values of the preserve.

Application to Coral Reefs:Biscayne Bay Aquatic Preserve protection of water quality will contribute to a lowering of contaminants leaving the preserve on tides and thus limiting the contaminants that reach off-shore ecosystems including the FKNMS and the reef system within the sanctuary.

Legislative Actions:

Comments:This chapter establishes the rules to protect the Biscayne Bay Aquatic Preserve, which was established for the purpose of preserving and enhancing Biscayne Bay and all natural waterways tidally connected to the bay in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations.
Florida State Department of Environmental Protection

Jurisdiction:
Designated Marine Areas
Accidental & Illegal Harvest; Anchoring & Vessel Grounding; Ballast Discharge; Boat Movement; Coastal Development; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Environmental Education & Outreach; Existence Value & Sense of Place; Finfish & Shellfish Stock; Finfish Harvest; Hydrologic Management; Landuse Management; Mangroves; Marine Birds; Marine Debris; Nutrients; Point Source Discharges; Recreational Opportunities; Resource Use Management; Seagrasses; Seawater Flow; Sediment; Sewage Treatment; Small Boats; Waste Management Policies; Wastewater Discharge
Chapter 7: Water pollution control, 12 Virgin Islands Code. In coordination with EPA through Section 401 of the Clean Water Act, establishes controls for the discharge of wastewater and other pollutants to waters of the USVI, sets water quality standards. The Commissioner sets water quality standards applicable to he United States Virgin Islands to protect the public health and welfare and the present and future usa of such waters for public water supplies, propagation of fish, aquatic life and wildlife , recreational purposes and other legitamate uses. The standards are to be reviewed every three years.

Application to Coral Reefs:Water of polluted quality is detrimental to propagation and survival of coral reef organisms. Setting appropriate water quality standards will play a major role in protecting coral reefs.

Legislative Actions:The Commissioner or any USVI resident can commence a civil action. Civil penalties for violators are not to exceed $50,000 per day. Any knowingly or negligently discharging polluants can be crimimnally punished with a fine of not less than $5,000 nor more than $75,000 per day of violation. A second conviction can be punishable up to a fine of $100,000, six years in jail, or both.

Comments:
US Virgin Islands, Department of Planning and Natural Resources, Division of Environmental Protection

Jurisdiction:
US Virgin Islands
Biocriteria; Discharges; Health Policies; Nutrient & Contaminant Processing; Physical & Chemical Water Quality Criteria; Point & Mobile Source Controls; Point Source Discharges; Reef Life; Resource Use Management; Sewage Treatment; Waste Management Policies
Clean Air Act, 42 United States Code §§ 7400 et seq. To ensure Americans have clean air to breath, and to protect the environment from air pollution. Regulates air emmissions from area, stationary and mobile sources. Charges federal land managers with direct responsibility to protect the "air quality and related values" of land under their control. The "related values" include fish and widlife and their habitats. The Clean Air Act is the law that defines EPA's responsibility for protecting and improving the nation's air quality and the stratospheric ozone layer.

Application to Coral Reefs:The Act would decrease carbon dioxide emissions from sources in the United States, thereby making a contribution toward reducing ocean acidification, which is one of the problems contributing to coral reef decline.

Legislative Actions:Response will differ from State to State because many Sates have been delegated to administer the Clean Air Act. However, States cannot have air quality standards less stringent then the federal standards. State air pollution agencies hold permit hearings and fines industries that violate air quality limits. States must develop state implementation plans that require approval by EPA.

Comments:The 1990 amendments authorized the Acid Deposition Control Program, a program to control 189 toxic pollutants, established permit program requirements, expanded and modified the attainment of National Ambient Air Quality Standards, and expanded and modified enforcement authority.
United States Environmntal Protection Agency

Jurisdiction:
United States
Carbon Storage & Cycling; Climate Regulation; CO2; Energy Policy & Development; Environmental Monitoring, Mapping, & Scientific Research; Greenhouse Gas Emissions; Improved Technology; Mineral, Rock, & Metal Mining; Natural Gas & Electric Power; Non-Greenhouse Gas Emissions; Nutrient & Contaminant Processing; Nutrients; Oil & Gas Research & Exploration; Oil & Gas Rigs; Point & Mobile Source Controls; Political Pressure; Transportation Policies; Wood, Plastics, & Chemical Products
Clean Water Act of 1974, 33 United States Code § 1252. To restore and maintain the chemical, physical, and biological integrity of the Nation's waters

Application to Coral Reefs:The Act can be used to establish water quality standards for the disharge of pollutants into surface waters. Section 101 (3) stated that it will be the national policy that the discharge of toxic pollutants in toxic amounts will be prohibited. The legislation employs a variety of regulatory and nonregulatory tools to reduce direct pollutant discharges into waterways, finance wastewater treatment facilities, and manage polluted runoff. The tools are employed to achieve the broad goal of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters so they can support "the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water."

Legislative Actions:During the late 1980's, the program shifted from program-by-program, source by source, pollutant-by-pollutant approach to more holistic water-shed strategies. Under the watershed approach equal emphasis is placed on protecting healthy waters and restoring impaired waters. Also during the 1980's, voluntary programs for nonpoint runoff and regulatory programs for wet weather point sources began to be addressed.

Comments:The Federal Water Pollution Contrl Act Amendments of 1972, PL 92-500, replaced the previous language of the Act entirely, including the Water Quality Act of 1965, the Clean Water Restoration Act of 1965, and the Water Quality Improvement Act of 1970, all of which had been amendments of the Water Pollution Control Act first passed in 1956. The 1977 amendments, PL 95-217, further amended PL 92-500.
US Environmental Protection Agency

Jurisdiction:
United States; US Territories
Agriculture, Aquaculture, & Forestry Policies; Biocriteria; Collaboration & Partnering; Construction Codes & Projects; Corporate Responses; Drinking Water Supply; Economic Markets & Policies; Energy Policy & Development; Hydrologic Management; Improved Technology; Mangroves; Microorganisms; Non-point Source Controls; Nutrient & Contaminant Processing; Nutrients; Physical & Chemical Water Quality Criteria; Point & Mobile Source Controls; Point Source Discharges; Political Pressure; Public Administration; Remediation; Resource Use Management; Seagrasses; Sewage Treatment; Waste Management Policies; Wastewater Discharge
Coastal Zone Management Act of 1972, 16 United States Code §§ 1451-1456. Preserve, protect, develop, and where possible, to restore or enhance the resources of the Nation's coastal zone for this and succeeding generations.

Application to Coral Reefs:Protection of coastal areas can have an indirect influence on coral reef preservation and conservation by the use of environmentally sound construction and development by limiting runoff of contaminants and sediment that could have an adverse effect on inshore coral reefs if present.

Legislative Actions:In addition, the Act authorized a national system of estuarine sanctuaries and the establishment of national field laboratories with a 50/50 cost-sharing grants with coastal states.

Comments:
National Oceanic and Atmospheric Administration/US Fish and Wildlife Service

Jurisdiction:
United States; State Coastal Waters
City Planning; Coastal Development; Collaboration & Partnering; Construction Codes & Projects; Corporate Responses; Designated Uses; Economic Markets & Policies; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Funding & Incentives; Hydrologic Management; Landscape Changes; Landuse Management; Marine Debris; Marine Protected Areas; Non-point Source Controls; Nutrients; Permitting & Zoning; Point & Mobile Source Controls; Political Pressure; Public Administration; Resource Use Management; Sediment; Tourism & Recreation Policies; Transportation Policies; Waste Management Policies; Waterborne Discharges; Wetlands
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, "Superfund", 42 United States Code §§ 9601-9675. Provides Liability, compensation, cleanup, and emergency response for hazardous substances released into the environment.

Application to Coral Reefs:If a hazardous waste is spilled or discaharge illegally at or near a coral reef, the CERCLA could be used for rapid response and cleanup of the spill or discharge.

Legislative Actions:

Comments:
United States Environmntal Protection Agency

Jurisdiction:
United States
Collaboration & Partnering; Environmental Monitoring, Mapping, & Scientific Research; Improved Technology; Metals, Electronics, & Machinery Products; Non-point Source Controls; Point & Mobile Source Controls; Point Source Discharges; Political Pressure; Remediation; Waste Management Policies; Wood, Plastics, & Chemical Products
Domestic Wastewater Facilities, 62-600 Florida Administrative Code. (1) Section 403.021(2), Florida Statutes, as amended, the Florida Air and Water Pollution Control Act, established that no wastes are to be discharged to any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water. Toward this end, Sections 403.085 and 403.086, Florida Statutes, set forth requirements for the treatment and reuse or disposal of domestic wastewater. Section 403.051(2)(a), Florida Statutes, requires that any Department planning, design, construction, modification, or operating standards, criteria, and requirements for wastewater facilities be developed as a rule. This chapter is promulgated to implement the provisions and requirements of Sections 120.53(1), 120.55, 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088, 403.0881, 403.101, 403.131, 403.161, 403.182, 403.859, and 403.918, Florida Statutes, concerning domestic wastewater facilities. - 442 (2) The requirements of this chapter represent the specific requirements of the Florida Department of Environmental Protection and of Local Pollution Control Programs approved and established pursuant to Section 403.182, Florida Statutes, where such authority has been delegated to those programs. It may be necessary for domestic wastewater facilities to conform with requirements of other agencies, established via interagency agreements (e.g., for mosquito control); the absence of reference to such arrangements in this chapter does not negate the need for compliance with those requirements. (3) The purpose of Chapter 62-600, F.A.C., is to provide minimum standards for the design of domestic wastewater facilities and to establish minimum treatment and disinfection requirements for the operation of domestic wastewater facilities. All systems shall be designed in accordance with sound engineering practice. Supported by moderating provisions, it is intended that Chapter 62-600, F.A.C., establish a framework whereby design flexibility and sound engineering practice can be used in developing systems with which to manage domestic wastewater in an environmentally sound manner. (4) As appropriate, Chapter 62-600, F.A.C., shall be used in conjunction with other Department rules relating to the design and operation and maintenance of domestic wastewater facilities. (5) Standards and requirements in this chapter shall apply only to domestic wastewater treatment, reuse, and disposal facilities (including residuals management facilities). (a) Standards and requirements shall apply to all new facilities and modifications or expansions of existing facilities that submit complete permit applications to the Department after July 1, 1991. (b) Standards and requirements shall apply to all existing facilities that submit complete applications for permit renewal after July 1, 1991. (6) Domestic wastewater facilities that submit complete permit applications on or before July 1, 1991, may: (a) Continue to comply with the rule requirements that were in effect at the time the permit was issued and with the conditions of the existing construction or operation permit until the expiration of such permit, or (b) Opt to comply with the requirements of this revised chapter. (7) The standards and requirements of Part II of Chapter 62-600, F.A.C., and Rules 62-600.500 and 62-600.530, F.A.C., shall be applicable to septic tank drainfield systems and other on-site waste treatment systems with subsurface disposal regulated by this chapter. The reliability requirements of paragraph 62-600.400(1)(b), F.A.C., shall not apply to such septic tank drainfield systems and other on-site waste treatment systems. (8) The discharge limitation of subsection 62-600.510(4), F.A.C., shall not be applicable to facilities permitted on or before January 1, 1982, that discharge into Class II waters or Class III waters which are subsequently reclassified as Class II waters. (9) This chapter provides for exemptions, allowances for existing facilities and variations from standards and requirements. Unless specifically provided otherwise, no wastewater permit shall be issued or renewed unless the permit applicant demonstrates that the subject facility is in compliance with the applicable provisions of this chapter.

Application to Coral Reefs:Setting construction and treatment water quality criteria for wastewater facilities will provide a system of less contaminated water being discharged to surface waters. The environmental impact of the wastewater will be less harmful to ecosystems.

Legislative Actions:

Comments:Establishes the processes for planning, design, construction, modification, or operating standards, criteria, and requirements for wastewater facilities
Florida State Department of Environmental Protection

Jurisdiction:
State Coastal Waters
Biocriteria; Building & Home Construction; Nutrient & Contaminant Processing; Nutrients; Point & Mobile Source Controls; Point Source Discharges; Sewage Treatment; Toxics; Waste Management Policies
Domestic Wastewater Treatment Plant monitoring, 62-601 Florida Administrative Code. (1) Section 403.051(2)(a), Florida Statutes, as amended, part of the Florida Air and Water Pollution Control Act, requires that any Department operating standards, criteria, and requirements for wastewater facilities be developed as a rule. This rule is promulgated to implement the provisions and requirements of the Act concerning domestic wastewater treatment plant monitoring. (2) The purpose of Chapter 62-601, F.A.C., is to ensure that owners and operators of domestic wastewater treatment facilities maintain accurate records and submit reports required by this Chapter in a timely, accurate, cost-effective and uniform manner. (3) Standards and requirements in this chapter shall apply only to domestic wastewater treatment, reuse, and disposal facilities (including residuals management facilities). The standards and requirements are not applicable to facilities described in Rules 62-600.120(1) and (2), F.A.C. (a) Standards and requirements shall apply to all new facilities and modifications or expansions of existing facilities that submit complete permit applications to the Department after July 1, 1991. (b) Standards and requirements shall apply to all existing facilities that submit complete applications for permit renewal after July 1, 1991. (4) Domestic wastewater facilities that submit complete permit applications on or before July 1, 1991 may: (a) Continue to comply with the rule requirements that were in effect at the time the permit was issued and with the conditions of the existing construction or operation permit until the expiration of such permit, or (b) Opt to comply with the requirements of this revised chapter.

Application to Coral Reefs:Setting monitoring requirements and treatment water quality criteria for wastewater facilities will provide a system of less contaminated water being discharged to surface waters. The environmental impact of the wastewater will be less harmful to ecosystems.

Legislative Actions:

Comments:to implement the provisions and requirements concerning domestic wastewater treatment plant monitoring
Florida State Department of Environmental Protection

Jurisdiction:
State Coastal Waters
Biocriteria; Building & Home Construction; Discharge Limitations; Manufacturing & Trade; Nutrient & Contaminant Processing; Nutrients; Point Source Discharges; Sewage Treatment; Toxics; Waste Management Policies; Wastewater Discharge
Electric Power Siting, 62-017 Florida Administrative Code. 62-17.011 General. (1) The purpose of Part I is to implement the provisions of the Florida Electrical Power Plant Siting Act, Sections 403.501 - 403.518, F.S., as amended. (2) The department promulgates Part I pursuant to the charge of the legislature to provide efficient, centralized review of the needs for increased electrical power generation and the effects of generation-related activities on human health and the environment and ecology of the lands and waters within the state. (3) This Part addresses applications for certification of: (a) A new site for a steam or solar electrical power plant; (b) The construction and operation of additional steam or solar electrical generating units to be located at sites which have been previously certified for an ultimate site capacity; and (c) An existing power plant site which had or had applied for permits prior to the effective date of the Act. Specific Authority 403.504(1), 403.517(1)(a), FS. Law Implemented 403.504(2)(3)(5), 403.517, 403.5175, FS. History - New 5-7-74, Amended 12-27-77, Formerly 17-17.01, Amended 5-9-83, Formerly 17-17.011, Amended 2-1-99.

Application to Coral Reefs: To provide efficient, centralized review of the needs for increased electrical power generation and the effects of generation-related activities on human health and the environment and ecology of the lands and waters within the state. (3) This Part addresses applications for certification of: (a) A new site for a steam or solar electrical power plant;

Legislative Actions:

Comments:To provide efficient, centralized review of the needs for increased electrical power generation and the effects of generation-related activities on human health and the environment and ecology of the lands and waters within the state.
Florida State Department of Environmental Protection

Jurisdiction:
Building & Home Construction; Carbon Storage & Cycling; Climate Regulation; Energy Policy & Development; Natural Gas & Electric Power; Point & Mobile Source Controls
Emergency Wetlands Resources Act of 1986, 16 United States Code §§ 3501 et seq. Promote the conservations of wetlands for public benefit and to assist in the compliance with international obligations under various treaties and conventions for migratory birds.

Application to Coral Reefs:Indirect application to protection of coral reefs through wetland functions of nutrient (particularly nitrogen) and sediment removal from land-based discharges prior to their entrance into open coastal waters.

Legislative Actions:Authorizied the purchase of wetlands from the land and Water Conservation Fund monies. Required States to include wetlands in their Comprehensive Outdoor Recreation Plans.

Comments:Secretary of Interior was required to establish a National Wetland Priority Conservation Plan to identify the locations and types of wetlands that should be priorities for state and federal acquisition. The Act established various fee schedules for entering national wildlife refuges.  
U.S. Fish & Wildlife Service

Jurisdiction:
United States
Agriculture, Aquaculture, & Forestry Policies; Discharge Limitations; Funding & Incentives; Hydrologic Management; Landuse Management; Marine Birds; Non-point Source Controls; Nutrients; Permitting & Zoning; Public Administration; Resource Use Management; Sediment; Tourism & Recreation Policies; Waste Management Policies; Waterborne Discharges; Wetlands
Estuaries Protection Act of 1968, 16 United States Code §§ 1221-1226. Authorizes the Secretary of Interior in cooperation with other federal agencies and the states, to study and inventory estuaries of the united states, including land and water of the Great Lakes, and to determine whether such areas should be acquired for protection. The Secretary is also requied to encourage state and local governments to consider the importance of estuaries in their planning activities relative to federal natural resources grants.

Application to Coral Reefs:Established the congressional policy on the values of wetlands and the need to conserve their natural resources. Protection of wetlands provide coral reefs with an indirect benefit as the wetland serves the functions of nutrient removal and sediment containment

Legislative Actions:

Comments:
Secretary of Interior in conjunction with other federal agencies and States

Jurisdiction:
United States
Building & Home Construction; Collaboration & Partnering; Discharges; Docks & Marinas; Environmental Education & Outreach; Existence Value & Sense of Place; Fertilizer & Pesticide Use; Hydrologic Management; Landscape Changes; Mangroves; Nutrient & Contaminant Processing; Ports & Harbors; Recreational Opportunities; Seagrasses; Waterborne Discharges; Wetlands
Exec. Order No. 11990, Protection of Wetlands, 42 Federal Register 26961 (1977). Federal agencies are directed to provide leadership and take action to minimize the destruction, loss, or degradation of wetland and to preserve and enhance the natural and beneficial uses of wetlands.

Application to Coral Reefs:Protection and restoration of wetlands benefits coral reefs because wetlands stop nutrients and sediments from entering waterbodies and eventually reaching coral reefs and producing adverse effects.

Legislative Actions:The Order protects wetlands on projects on Federal lands. The agencies are to provide leadership to minimize the destruction, loss or degradation of wetlands, to preserve and enhance natural and beneficial values when carrying our their responsibilities.

Comments:
Federal agencies

Jurisdiction:
United States
Educational & Research Opportunities; Environmental Education & Outreach; Hydrologic Management; Mangroves; Nutrient & Contaminant Processing; Public Administration; Seagrasses; Security & Public Administration Policies; Wetlands
Exec. Order No. 13089, Coral Reef Protection, 63 Federal Register 32701 (1998). Protect coral reefs. Established the US Coral Reef Task Force

Application to Coral Reefs:The Task Force was assigned duties including developing and implementing research, in conjunction with the scientific community, to identify the major causes of coral reef degradation.

Legislative Actions:No penalties for noncompliance.

Comments:
12 federal agencies, 7 states and territories, 3 freely associated states

Jurisdiction:
United States; US Territorial Waters; US Territories; US Virgin Islands; Puerto Rico
Boating Regulations; Educational & Research Opportunities; Environmental Monitoring, Mapping, & Scientific Research; Existence Value & Sense of Place; Fishing & Harvesting Management; Hydrologic Management; Public Administration; Recreational Opportunities; Reef Life; Resource Use Management; Sectors Filling Human Needs; Special Use Permitting; Tourism & Recreation Policies
Fish and Wildlife Coordination Act, 16 United States Code §§ 2901-2911. To provide financial and technical assistance to the states for development, revision and implementation of conservation plans and programs for nongame fish and wildlife, and to encourage federal agencies to utilize their statutory and administrative authority to conserve and to promote the conservation of nongame fish and wildlife and their habitats.

Application to Coral Reefs:

Legislative Actions:

Comments:
Federal Agencies

Jurisdiction:
United States
Finfish & Shellfish Stock; Finfish Harvest; Funding & Incentives; Microorganisms; Point & Mobile Source Controls; Public Administration
Florida Keys National Marine Sanctuary Regulations; Final Rule, Code of Federal Regulations § Parts 922, 929, 937 (1997). NOAA developed the comprehensive Final Management Plan for the FKNMS and issued the Plan on January 30, 1997. Congress and the Governer of Florida were provided a 45-day period to provide certification of unacceptable regulations that needed amendments. NOAA incorporated the certified changes provided and issued the final regulations and management plan for the Sanctuary that went into effect with the publication of the final rule, including waters within the State of Florida in the Sanctuary.

Application to Coral Reefs:The Sanctuary sets aside the coral reef system that is the third largest barrier coral reef in the world. Included in the FKNMS are the Key Largo Marine Sanctuary containing 103 square nautical miles of coral reefs and Looe Key National Marine Sanctuary containing 5.32 square nautical miles of coral reefs. The Act protects the reefs from anchoring directly into the coral formation and taking coral dead or alive. The Act protects mangrove islands and submerged aquatic vegetation, both potential buffers for the reef system against eutrophication and sediment deposition. The Act prohibits oil and hydrocarbon exploration, mining or altering the seabed, restricts large shipping traffic, and restricts the discharge of pollutants, further protecting coral, mangroves, and submerged aquatic vegetation.

Legislative Actions:The Act requires the preparation of a comprehensive management plan and implementing regulations to protect Sanctuary resources.

Comments:The final rule codifies the Act and further defines boundaries of the Sanctuary as well as providing a list of species protected in the Sanctuary.
National Oceanic and Atmospheric and Administration

Jurisdiction:
US Coral Reefs; US Territorial Waters; State Coastal Waters; US State Waters; Designated Marine Areas
Ballast Discharge; Biological Monitoring, Mapping, & Scientific Research; Boating Regulations; Collaboration & Partnering; Commercial Fishing Boats; Cruise Ships; Cultural Protections; Designate Protected Species; Dive, Snorkeling, & Swimming Tourism; Educational & Research Opportunities; Environmental Education & Outreach; Finfish & Shellfish Stock; Finfish Harvest; Fishing & Harvesting Management; Invertebrate Harvest; Invertebrates; Large Ships; Live Collection; Mangroves; Marine Debris; Nutrient & Contaminant Processing; Oil & Gas Tankers; Point & Mobile Source Controls; Recreational Fishing; Recreational Opportunities; Reef Inhabitants; Resource Use Management; Seagrasses; Sediment; Shoreline Protection; Small Boats; Tourism & Recreation; Tourism & Recreation Policies; Transportation Policies; Waste Management Policies; Wetlands
Greenhouse Gas Emissions Reduction, 62-285 Florida Administrative Code. Florida LEV Program. The Department of Environmental Protection (Department) adopts this rule to establish a Florida low emission vehicle (LEV) program that implements California motor vehicle emission standards pursuant to s. 177 of the Clean Air Act. This rule refers to many sections of chapter 1, division 3, title 13 of the California Code of Regulations (CCR), adopted and incorporated by reference at subsection 62-285.400(9), F.A.C. This rule also includes provisions specific to implementation in Florida.

Application to Coral Reefs:Reducing greenhouse gases will contibute to a decrease in ocean acidification.

Legislative Actions:

Comments:To protect air quality, this rule applies to any heavy-duty diesel engine powered motor vehicle.
Florida State Department of Environmental Protection

Jurisdiction:
Climate Regulation; CO2; Greenhouse Gas Emissions; Land & Air Transportation; Nutrients; Point & Mobile Source Controls; Transportation Policies
Ground Water Classes, Standards, and Exemptions, 62-520 Florida Administrative Code. (1) Purpose. (a) Article II, Section 7 of the Florida Constitution requires abatement of water pollution and conservation and protection of Florida�s natural resources. (b) The present and future most beneficial uses of all ground waters of the state have been designated by the Department by means of the classification system set forth in this chapter in accordance with Section 403.061(10), F.S. Water quality standards are established by the Department to protect these designated uses. (c) Because activities outside the state sometimes cause pollution of Florida�s waters, the Department will make every reasonable effort to have such pollution abated. (d) Water quality standards apply equally to and shall be uniformly enforced in both the public and private sector. (e) �Public interest� shall not be construed to mean only those activities conducted solely to provide facilities or benefits to the general public. Private activities conducted for private purposes may also be in the public interest. (f) The Commission requests the Secretary to seek and use the best environmental information available when making decisions on the effects of chronically and acutely toxic substances and carcinogenic, mutagenic, and teratogenic substances. Additionally, the Secretary is requested to seek and encourage innovative research and development in waste treatment alternatives that might better preserve environmental quality and at the same time reduce the energy and dollar costs of operation. (g) The present and future most beneficial uses of ground waters of the state shall be protected to ensure the availability and utility of this invaluable resource. To achieve such protection, the ground waters of the state are classified and appropriate water quality criteria for those classes are set forth in this chapter. (h) The criteria set forth in this chapter are minimum levels which are necessary to protect the designated use of ground waters. It is the intent of the Commission that permit applicants should not be penalized because of a low detection limit associated with any specific criterion.

Application to Coral Reefs:Groundwater flow will eventually bring the groundwater to an area where by intrusion it will enter waterbodies such as lakes, streams, estuaries, and the ocean. If the groundwater is contaminated, the contamination then enters the waterbody. The contaminants will affect the open water environment and degrade that system.

Legislative Actions:

Comments:
Florida State Department of Environmental Protection

Jurisdiction:
US State Waters
Discharges; Non-point Source Runoff; Point & Mobile Source Controls; Point Source Discharges; Waste Management Policies
Lacey Act, 16 United States Code §§ 3372 et seq. The Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlifeor plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce.

Application to Coral Reefs:The Act makes possession, selling, transporting, importing, exporting, receiving, acquiring, and purchasing illegal under specific cases. Corals would be included.

Legislative Actions:Civil Penalties up to $10,000 per each violation or maximum criminal sanctions of $20,000 in fines and/or up to five years imprisonment. All plants and animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish and wildlife or plants in a criminal violation for which a felony conviction is obtained where the owner should have known of the illegal transgression.

Comments:
US Department of Agriculture/Us Border Patrol

Jurisdiction:
United States
Aquarium Stock; Coral; Improved Technology; Ornamental Jewelry & Art; Political Pressure; Resource Use Management; Transportation Policies; Wholesale & Retail Trade
Marine Protection, Research, and Sanctuaries Act of 1972, 33 United States Code § 1401. To regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. To regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.

Application to Coral Reefs:The Act has been historically used to regulate dumping of dredged materials and sewage sludge into the marine environment. The law intends to improve the conservation, understanding, management, and wise and sustainable use of marine resources, enhance public awareness, understanding, and appreciation of the marine environment, and to maintain for future generations the habitat, and ecologigal services, of the natural assemblage of living resources that inhabit those areas. Because permits are required, it can be assumed that dumping would not be allowed if the material would be dispersed into a sensitive habitat such as coral reefs.

Legislative Actions:EPA may assess an administrative civil penalty up to $50,000 per person. Higher penalties can be assessed for dumping medical waste (up to $125,000). Each day in violation constitutes a separate offense. Continuing violations can suffer criminal penalties with fines and up to five years imprisionment possible.

Comments:The Act has played a major role in regulating the disposal of dredged material into the ocean environment. However, medical and radioactive wastes, industrial wastes, as well as sewage sludge, are also regulated in the law.
United States Environmntal Protection Agency

Jurisdiction:
US Territorial Waters; US Federal Waters; Designated Marine Areas
Ballast Discharge; Biocriteria; Boating Regulations; Complex Habitat & Resources; Designate Protected Species; Designated Uses; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Mangroves; Marine Debris; Marine Protected Areas; Microorganisms; Non-point Source Controls; Oil & Gas Research & Exploration; Physical & Chemical Water Quality Criteria; Point & Mobile Source Controls; Political Pressure; Remediation; Resource Use Management; Seagrasses; Sediment; Sewage Treatment; Solid Waste Disposal; Tourism & Recreation Policies; Transportation Policies; Waste Management Policies; Wastewater Discharge
National Environmental Policy Act of 1969 as amended through 1982,. Declared a national policy that will encourage productive and enjoyable harmony between man and his environment : promote efforts that will prevent or eliminate damage to the environment and biosphere: stimulate the health and welfare of resources important to the Nation and establish a Council on Environmental Quality.

Application to Coral Reefs:Re-athorizes NEPA of 1969. Provides additional funding.

Legislative Actions:The Act potentially could protect coral reefs if the proposed federal project could have a significant impact on the reef.

Comments:The amendments did not add regulations to the Act
Federal Agencies

Jurisdiction:
United States
Atmospheric Emissions; Chemical Variables; Collaboration & Partnering; Complex Habitat & Resources; Dam Construction & Maintenance; Discharge Limitations; Discharges; Educational & Research Opportunities; Energy Policy & Development; Environmental Education & Outreach; Existence Value & Sense of Place; Infrastructural Policies; Landuse Management; Manufacturing & Trade; Mining; Oil & Gas Industry; Recreational Opportunities; Resource Use Management; Security; Toxics; Transportation; Waterborne Discharges
National Environmental Policy Act of 1969, 42 United States Code §§ 4321-4377. Requires analysis, public comment, and reporting for environmental impacts of federal actions. It stipulates the factors to be considered in environmental impact statements, and requires that federal agencies employ an interdisciplinary approach in related decision-making and develop means to ensure unqualified environmental values are given appropriate consideration, along with economic and technical considerations.

Application to Coral Reefs:Requires an Environmental Assessment(EA), and potentially an Environmental Impact Statement (EIS) if the project review finds there will be a significant impact. The EIS must detail the environmental impacts of the proposed action, unavoidable adverse environmental impacts, and alternatives to the proposed action. The resulting studies could protect sensitive environmental ecosystems, including coral reefs.

Legislative Actions:The Act potentially could protect coral reefs if the proposed federal project could have a significant impact on the reef.

Comments:The Act is completely procedural; it does not include specific regulations. The Council on Environmental Quality (CEQ) was created by the Act. CEQ is part of the Executive Office of the President and one of the CEQ directives is to ensure that federal programs comply with NEPA. The puprose of the EIS is to disclose to the public and resource managers the probable long- and short-term impacts of the proposed project as well as consideration of less environmentally damaging alternatives to the recommended course of action.
Federal agencies

Jurisdiction:
United States
Agriculture, Aquaculture, & Forestry Policies; Biocriteria; Biological Monitoring, Mapping, & Scientific Research; Boating Regulations; Construction Codes & Projects; Decision Support; Designated Uses; Economic Markets & Policies; Energy Policy & Development; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Landuse Management; Marine Debris; Microorganisms; Non-point Source Controls; Permitting & Zoning; Physical & Chemical Environment; Physical Variables; Point & Mobile Source Controls; Political Pressure; Public Administration; Reef Habitat; Reef Inhabitants; Reef Life; Remediation; Resource Use Management; Sectors Filling Human Needs; Security; Socio-Economic Drivers; Transportation Policies; Waste Management Policies; Wetlands
Oil Pollution Act of 1990, 33 United States Code §§ 2701 et seq. Established limitations on liability for damages resulting from oil pollution, established a fund for the payment of compensation for such damages, mandated the National Oil and Hazardous Substance Contingency Plan to provide organizational structure and procedures for responding to spills.

Application to Coral Reefs:In the event of an oil spill that contaminates a coral reef, the Act could be used to determine liability and provide funds for rapid cleanup.

Legislative Actions:Can provide fines for failing to notify the appropriate federal agency of a maximum of $250,000 per day for an individual and a maximum of $500,000 for an organization. Civil penalties are authorized at $25,000 per day of violation or $1,000 per barrel of oil discharged. Prison sentences up to a maximum of fifteen years can be imposed on violators.

Comments:The Act was signed in 1990, largely in response to rising public concern following the Exxon Valdex incident. The Act improved the nation's ability to prevent and respond to oil spills by establishing provisions that expand the federal government's ability, and and provided the money and resources necessary, to respond to oil spills. The Oil Spill Liability Trust Fund was established and provided up to one billion dollars per spill incident.
US Coast Guard/US Environmental Protection Agency

Jurisdiction:
US Territorial Waters; State Coastal Waters
Chemical Variables; Environmental Monitoring & Restoration; Finfish & Shellfish Stock; Funding & Incentives; Mangroves; Non-point Source Controls; Petroleum Spills; Physical & Chemical Environment; Point & Mobile Source Controls; Political Pressure; Public Administration; Reef Habitat; Reef Life; Remediation; Resource Use Management; Seagrasses; Sectors Filling Human Needs; Security; Socio-Economic Drivers; Toxics; Wetlands
Rivers and Harbors Act of 1899, 33 United States Code § 1252. This law prohibits the discharge of any type of refuse matter in U.S. waters without permission (section 13). In addition, the excavation, fill, or alteration of the course, condition, or capacity of any port, channel, river, or other areas within the limits of this law is prohibited. This law prohibits the construction or alteration of a structure in wetlands of the U.S. (sections 9 and 10). Construction in wetlands and waters of the U.S. requires a permit from the U.S. Army Corps of Engineers.

Application to Coral Reefs:Under section 10, excavation or fill within navigable waters requires approval of the Chief of Engineers and concerns about contaminated sediments with dredge and fill projects in navigable waters is addressed within the permitting process. Indirect protection of coral reefs is offered by the Act and its prohibition of dumping refuse into navigable waters and the process of anaylzing sediment in proposed dredge and fill operations.

Legislative Actions:Violations of the law are punished under section 309 of the Clean Water Act and section 205 of National Fishing Enhancement Act. Fines imposed for violation will not be less than $10,000 per violation or more than $25,000 per violation.

Comments:Many states, including Florida, require additional permits for constuction of docks, piers, wharfs, jetties and other structures in navigable waters and wetlands in addition to the Corps of Engineers permit. Authority to issue permits for discharge of refuse matter under section 13 was modified by the amendments to Federal Water Pollution Control Act of 1972 and established the National Pollutant Discharge Elimination System Permit process. The Act was initially established to protect interstate commerce in navigable waters. The permit review process involves factors including economics, aethetics, general envitonmental concerns, historical values, water quality, and fish and wildlife impact before project approval is granted.
US Army Corps of Engineers (COE), and US Coast Guard

Jurisdiction:
United States
Coastal Development; Coastal Engineering; Construction Codes & Projects; Ditching & Soil Disturbance; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Landuse Management; Large Ships; Marine Debris; Marine Protected Areas; Oil & Gas Tankers; Permitting & Zoning; Point & Mobile Source Controls; Political Pressure; Ports & Harbors; Resource Use Management; Sediment; Transportation Policies; Waste Management Policies
Rules and Procedures for Coastal Construction and Excavation, 62B-033 Florida Administrative Code (2008). (1) The beach and dune system is an integral part of the coastal system and represents one of the most valuable natural resources in Florida, providing protection to adjacent upland properties, recreational areas, and habitat for wildlife. A coastal construction control line (CCCL) is intended to define that portion of the beach and dune system which is subject to severe fluctuations caused by a 100-year storm surge, storm waves, or other forces such as wind, wave, or water level changes. These fluctuations are a necessary part of the natural functioning of the coastal system and are essential to post-storm recovery, long term stability, and the preservation of the beach and dune system. However, imprudent human activities can adversely interfere with these natural processes and alter the integrity and functioning of the beach and dune system. The control line and 50-foot setback call attention to the special hazards and impacts associated with the use of such property, but do not preclude all development or alteration of coastal property seaward of such lines. (2) In order to demonstrate that construction is eligible for a permit, the applicant shall provide the Department with sufficient information pertaining to the proposed project to show that adverse and other impacts associated with the construction have been minimized and that the construction will not result in a significant adverse impact. (3) After reviewing all information required pursuant to this rule chapter, the Department shall: (a) Deny any application for an activity which either individually or cumulatively would result in a significant adverse impact including potential cumulative effects. In assessing the cumulative effects of a proposed activity, the Department shall consider the short-term and long-term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell. The impact assessment shall include the anticipated effects of the construction on the coastal system and marine turtles. Each application shall be evaluated on its own merits in making a permit decision; therefore, a decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell. (b) Deny any application for an activity where the project has not met the Department�s siting and design criteria; has not minimized adverse and other impacts, including stormwater runoff; or has not provided mitigation of adverse impacts. (4) The Department shall issue a permit for construction which an applicant has shown to be clearly justified by demonstrating that all standards, guidelines, and other requirements set forth in the applicable provisions of Part I, Chapter 161, F.S., and this rule chapter are met, including the following: (a) The construction will not result in removal or destruction of native vegetation which will either destabilize a frontal, primary, or significant dune or cause a significant adverse impact to the beach and dune system due to increased erosion by wind or water; (b) The construction will not result in removal or disturbance of in situ sandy soils of the beach and dune system to such a degree that a significant adverse impact to the beach and dune system would result from either reducing the existing ability of the system to resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures; (c) The construction will not direct discharges of water or other fluids in a seaward direction and in a manner that would result in significant adverse impacts. Forthe purposes of this rule section, construction shall be designed so as to minimize erosion induced surface water runoff within the beach and dune system and to prevent additional seaward or off-site discharges associated with a coastal storm event. (d) The construction will not result in the net excavation of the in situ sandy soils seaward of the control line or 50-foot setback; (e) The construction will not cause an increase in structure-induced scour of such magnitude during a storm that the structure-induced scour would result in a significant adverse impact; (f) The construction will minimize the potential for wind and waterborne missiles during a storm; (g) The activity will not interfere with public access, as defined in Section 161.021, F.S.; and (h) The construction will not cause a significant adverse impact to marine turtles, or the coastal system. (5) In order for a manmade frontal dune to be considered as a frontal dune defined under Section 161.053(6)(a)1., F.S., the manmade frontal dune shall be constructed to meet or exceed the protective value afforded by the natural frontal dune system in the immediate area of the subject shoreline. Prior to the issuance of a permit for a single-family dwelling meeting the criteria of Section 161.053(6)(c), F.S., the manmade frontal dune must be maintained for a minimum of 12 months and be demonstrated to be as stable and sustainable as the natural frontal dune system. (6) Sandy material excavated seaward of the control line or 50-foot setback shall be maintained on site seaward of the control line or 50-foot setback and be placed in the immediate area of construction unless otherwise specifically authorized by the Department. (7) Swimming pools, wading pools, waterfalls, spas, or similar type water structures are expendable structures and shall be sited so that their failure does not have adverse impact on the beach and dune system, any adjoining major structures, or any coastal protection structure. Pools sited within close proximity to a significant dune shall be elevated either partially or totally above the original grade to minimize excavation and shall not cause a net loss of material from the immediate area of the pool. All pools shall be designed to minimize any permanent excavation seaward of the CCCL. (8) Major structures shall be located a sufficient distance landward of the beach and frontal dune to permit natural shoreline fluctuations, to preserve and protect beach and dune system stability, and to allow natural recovery to occur following storm-induced erosion. Where a rigid coastal structure exists, proposed major structures shall be located a sufficient distance landward of the rigid coastal structure to allow for future maintenance or repair of the rigid coastal structure. Although fishing piers shall be exempt from this provision, their foundation piles shall be located so as to allow for the maintenance and repair of any rigid coastal structure that is located in close proximity to the pier.(9) If in the immediate area a number of existing major structures have established a reasonably continuous and uniform construction line and if the existing structures have not been unduly affected by erosion, except where not allowed by the requirements of Section 161.053(6), F.S., and this rule chapter, the Department shall issue a permit for the construction of a similar structure up to that line. (10) In considering applications for single-family dwellings proposed to be located seaward of the 30-year erosion projection pursuant to Section 161.053(6), F.S., the Department shall require structures to meet criteria in Section 161.053(6)(c), F.S., and all other siting and design criteria established in this rule chapter. (11) In considering project impacts to native salt-tolerant vegetation, the Department shall evaluate the type and extent of native salt-tolerant vegetation, the degree and extent of disturbance by invasive nuisance species and mechanical and other activities, the protective value to adjacent structures and natural plant communities, the protective value to the beach and dune system, and the impacts to marine turtle nesting and hatchlings. The Department shall restrict activities that lower the protective value of natural and intact beach and dune, coastal strand, and maritime hammock plant communities. Activities that result in the removal of protective root systems or reduce the vegetation�s sand trapping and stabilizing properties of salt tolerant vegetation are considered to lower its protective value. Construction shall be located, where practicable, in previously disturbed areas or areas with non-native vegetation in lieu of areas of native plant communities when the placement does not increase adverse impact to the beach and dune system. Planting of invasive nuisance plants, such as those listed in the Florida Exotic Pest Plant Council�s 2005 List of Invasive Species � Categories I and II, will not be authorized if the planting will result in removal or destruction of existing dune-stabilizing native vegetation or if the planting is to occur on or seaward of the dune system. A copy of this list is available on the Internet at www.fleppc.org; or can be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000; or by telephoning (850) 488-7708. Special conditions relative to the nature, timing, and sequence of construction and the remediation of construction impacts shall be placed on permitted activities when necessary to protect native salt-tolerant vegetation and native plant communities. A construction fence, a designated location for construction access or storage of equipment and materials, and a restoration plan shall be required if necessary for protection of existing native salt-tolerant vegetation during construction. (12) Special conditions relative to the nature, timing, and sequence of construction shall be placed on permitted activities when necessary to protect marine turtles and their nests and nesting habitat. In marine turtle nesting areas, all forms of lighting shall be shielded or otherwise designed so as not to disturb marine turtles. Tinted glass or similar light control measures shall be used for windows and doors which are visible from the nesting areas of the beach. The Department shall suspend any permitted construction when the permittee has not provided the required protection for marine turtles and their nests and nesting habitat.

Application to Coral Reefs:Regulation of coastal construction through permit review and modification will protect coastal ecosystems from degradation and loss and in doing so protects other marine ecosystems including coral reefs.

Legislative Actions:Chapter 62B-33 Florida Administrative Code, provides the design and siting requirements that must be met to obtain a coastal construction control line permit.Approval or denial of a permit application is based upon a review of the potential impacts to the beach dune system, adjacentproperties, native salt resistant vegetation, and marine turtles.

Comments:The Coastal Construction Control Line (CCCL) is an essential element of Florida's coastal management program. It provides protection for Florida's beaches and dunes while assuring reasonable use of private property. Recognizing the value of the state's beaches, the Florida legislature initiated the Coastal Construction Contorl Line Program to protect the coastal system from improperly sited and designed structures which can destabilize or destroy the beach and dune system. Once destabilized, the valuable natural resources are lost, as are its important values for recreation, upland property protection and environmental habitat. Adoption of a coastal construction line establishes an area of jurisdiction in which special siting and design criteria are applied for construction and related activities.These standards may be more stringent than those already applied in the rest of the coastal building zone because of the greater forces expected to occur in the more seaward zone of the beach during a storm event.
Florida State Department of Environmental Protection

Jurisdiction:
State Coastal Waters; Designated Marine Areas
Beach & Land Formation; Building & Home Construction; City Planning; Civil Engineering & Construction; Coastal Development; Construction Codes & Projects; Cruise Ships; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Hydrologic Management; Landuse Management; Mangroves; Marine Protected Areas; Oil & Gas Tankers; Pipelines; Ports & Harbors; Resource Use Management; Seagrasses; Seawater Flow; Sediment; Shoreline Armoring; Shoreline Protection; Storms & Hurricanes; Tourism & Recreation Policies; Water Depth & Sea Level
Sikes Act of 1960, 16 United States Code § 670. Promote effectual planning, development, maintenance, and coordination of wildlife, fish, and game conservation and rehabilitation in military reservations.

Application to Coral Reefs:The Integrated Natural Resources Management Plan (INRMP) required by the Sikes Act integrate many different aspects of natural resource management including endangered species, fisheries, wetlands and environmental contaminants. Protection of wetlands and regulation of the discharge of environmental contaminants on military installations can indirectly protect coral reefs by decreasing runoff to nearshore waters.

Legislative Actions:DoD must develop and implement Integrated Natural Resources Management Plans (INRMP) for nearly 380 military installations across the US. The development of the INRMP is a voluntary, cooperative effort between participating agencies.

Comments:The preparation of the INRMP between DoD, USFWS and State FWS ensures proper consideration of fish, wildlife and habitat needs. The amendments also require the control of invasive species, migratory birds, and law enforcement issues.
Department of Defense/Department of Interior (US Fish and Wildlife Service)/State Fish and Wildlife Agencies

Jurisdiction:
US Military Installments
Biological Monitoring, Mapping, & Scientific Research; Environmental Monitoring, Mapping, & Scientific Research; Finfish & Shellfish Stock; Finfish Harvest; Invasive Species; Marine Birds; Non-point Source Controls; Point & Mobile Source Controls; Public Administration; Resource Use Management; Waste Management Policies; Wetlands
Stationary Sources - Emission Standards, 62-296 Florida Administrative Code. (1) The Department of Environmental Protection adopts this chapter to establish emission limiting standards and compliance requirements for stationary sources of air pollutant emissions. (2) The chapter includes emission limitations for specific categories of facilities and emissions units, and it establishes reasonably available control technology requirements. Where work practice standards, including requirements for specific types of pollution control equipment, are provided for in this chapter, such standards shall be of the same force and effect as emission limiting standards. The emission limiting and work practice standards of Rule 62-296.320, F.A.C., and Rules 62-296.401 through 62-296.480, F.A.C., are applicable statewide. The reasonably available control technology requirements are established for specific areas of the state as set forth in Rules 62-296.500, 62-296.600, and 62-296.700, F.A.C. (3) A facility or emissions unit subject to any standard or requirement of 40 CFR. Part 60, 61, 63 or 65, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall comply with such standard or requirement. Nothing in this chapter shall relieve a facility or emissions unit from complying with such standard or requirement, provided, however, that where a facility or emissions unit is subject to a standard established in this chapter, such standard shall also apply. (4) Words and phrases used in this chapter, unless clearly indicated otherwise, are defined at Rule 62-210.200, F.A.C.

Application to Coral Reefs:Controlling air emission pollutants can assist in controlling ocean acid acidification and the damaging effect of ocean water acidification on coral reefs.

Legislative Actions:

Comments:To protect air quality, the chapter includes emission limitations for specific categories of facilities and emissions units, and it establishes reasonably available control technology requirements.
Florida State Department of Environmental Protection

Jurisdiction:
Atmospheric Emissions; Chemical Use Regulations; Climate Regulation; CO2; Corporate Responses; Greenhouse Gas Emissions; Natural Gas & Electric Power; Nutrients
Superfund Amendments and Reauthorization Act of 1986, 42 United States Code §§ 9601 et seq. Reautorized CERCLA

Application to Coral Reefs:If a hazardous waste is spilled or discaharge illegally at or near a coral reef, the CERCLA/SARA could be used for rapid response and cleanup of the spill or discharge.

Legislative Actions:The amended Act stressed the importance of permanent and innovative treatment technologies, required Superfund actions to consider the standards and requirements found in other State and Federal environmental laws, provided new enforcement authorities and settlement tools.

Comments:
United States Environmntal Protection Agency

Jurisdiction:
United States
Biological Monitoring & Restoration; Collaboration & Partnering; Environmental Monitoring & Restoration; Environmental Monitoring, Mapping, & Scientific Research; Improved Technology; Non-point Source Controls; Point & Mobile Source Controls; Political Pressure; Remediation; Security & Public Administration Policies; Waste Management Policies
Surface water quality standards, 62-302 Florida Administrative Code Annotated (2008). The Chapter establishes the minimum concentrations of contamination that are allowable to protect the designated uses of a waterbody. Designated uses include public drinking water supplies, propagation of fish and wildlife, agricultural, recreation, industrial, and navigation.

Application to Coral Reefs:Protecting surface waters by limiting the concentration of pollutants that can be present will control the concentrations of those pollutants that will reach estuarine and marine environments, thus protecting the associated ecosystems, including coral reefs.

Legislative Actions:Penalties are not presented in the Rule. Specific requirements and penalties are addrressed in individual permits. The Rule relies heavily on biocriteria including acute toxicity, chronic toxicity, Shannon-Weaver Diversity Index. Section 400 presents the classes of Florida waters; Class I potable water supplies, Class II shellfish propagation or harvesting, Class III recreation, propagation and maintenance of a healthy, well-balanced population of fish and wildlife, Class IV agricultural water supplies, Class V navigation, utility and industrial use.

Comments:
Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters; US State Waters; Designated Marine Areas
Biocriteria; Biological Monitoring, Mapping, & Scientific Research; Civil Engineering & Construction; Coastal Development; Commercial Fisheries; Complex Habitat & Resources; Dam Construction & Maintenance; Deforestation & Devegetation; Designate Protected Species; Discharge Limitations; Dive, Snorkeling, & Swimming Tourism; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Drinking Water Supply; Fertilizer & Pesticide Use; Finfish & Shellfish Stock; Fish; Fishing & Harvesting Management; Impervious Surfaces; Invertebrates; Irrigation; Landuse Management; Molluscs; Non-point Source Controls; Non-point Source Runoff; Nutrient & Contaminant Processing; Nutrients; Physical & Chemical Water Quality Criteria; Pipelines; Point & Mobile Source Controls; Point Source Discharges; Ports & Harbors; Recreational Fishing; Sediment; Sewage Treatment; Shoreline Armoring; Small Boats; Tourism & Recreation Policies; Toxics; Waste Management Policies
Tampering with Motor Vehicle Air Pollution Control Equipment, 62-243 Florida Administrative Code. The Department of Environmental Protection adopts this chapter to establish procedures to determine compliance with those parts of Section 316.2935, F.S., which provide that no person shall operate on the public roads or streets of this state any motor vehicle that has been tampered with and that no person or motor vehicle dealer as defined in Section 320.27, F.S., shall offer or display for retail sale or lease, sell, lease or transfer title to a motor vehicle in Florida that has been tampered with. Specific Authority: 316.2935, F.S. Law Implemented: 316.2935, 316.6105, 318.18, 325.209, F.S. History.: New 2-21-90, Amended 5-29-90, Formerly 17-243.100.

Application to Coral Reefs:Vehicles with properly operating air pollution control equipment will dischage less air polllutants and will contribute to a decrease in ocean acidification.

Legislative Actions:

Comments:To achieve and maintain the National Ambient Air Quality Standards for ozone, carbon monoxide, and particulate matter; and to control nuisance exhaust by ensuring that that the air pollution control equipment of the motor
vehicle has not been tampered with.
Florida State Department of Environmental Protection

Jurisdiction:
Atmospheric Emissions; CO2; Greenhouse Gas Emissions; Land & Air Transportation; Non-Greenhouse Gas Emissions; Point & Mobile Source Controls; Transportation Policies
Water Resource Implementation Rule, 62-40 Florida Administrative Code (2006). The Chapter is intended to provide water resouirce implementation goals, objectives and guidance for the development and review of programs, rules, and plans relating to water resources. A goal of the Chapter is to coordinate the management of water and land resources. It is the objective of the State to protect the functions of the entire ecological systems, as developed and defined in the programs, rules, and plans of the Department and water management districts. It is a goal of the Chapter that sufficient water be available for all existing and future reasonable-beneficial uses and the natural systems and that adverse effects of competition for water supplies be avoided.

Application to Coral Reefs:By protecting the functions of entire aquatic ecological systems, those waters will contain less contaminants when they are discharged and meet other natural water bodies including marine ecosystems. Cleaner water will result in less ecological strees to marine ecosystems, including coral reefs.

Legislative Actions:

Comments:This Chapter is intended to provide water resource implementation goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources, based on statutory policies and directives in Chapters 187, 373, and 403, Florida Statutes.
Florida State Department of Environmental Protection

Jurisdiction:
US State Waters
Agriculture, Aquaculture, & Forestry Policies; Drinking Water Supply; Environmental Education & Outreach; Non-point Source Controls; Non-point Source Runoff; Nutrient & Contaminant Processing; Physical & Chemical Water Quality Criteria; Point & Mobile Source Controls; Point Source Discharges; Waste Management Policies
Wetland applications, 62-611 Florida Administrative Code Annotated (1996). To provide qualitative and quantitative design criteria discharge limits, permitting requirements, and monitoring requirements for wetlands, man-made and natural, receiving domestic wastewater.

Application to Coral Reefs:Because wetlands act as buffers and remove nutrients from contaminated water, in many case the nutrients will not reach the estuarine and marine environments and potentially have an adverse effect on coral reefs.

Legislative Actions:The Rule is administrative in nature and specific pollutant limits and monitoring requirements are specified in individual permits

Comments:
Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters
Agriculture, Aquaculture, & Forestry Policies; City Planning; Construction Codes & Projects; Environmental Education & Outreach; Hydrologic Management; Landuse Management; Mangroves; Nutrients; Pipelines; Point Source Discharges; Resource Use Management; Seagrasses; Sewage Treatment; Waste Management Policies; Wastewater Discharge

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