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Waterborne Discharges
Waterborne discharges include direct and indirect discharges of pollutants into the aquatic environment, including chemicals, nutrients, sediment, and pathogens. Discharges may be directly released into marine waters, or may be carried by surface water streams, groundwater, or coastal runoff.
CMap
CMap Description
Waterborne discharges originate from a number of sources, including agriculture, mining, sewage systems, factories, vehicles, and ships. Changes in the landscape, such as ditching, soil disturbance, and impervious surface can affect the rates and distribution of pollutant discharge into coastal waters. Inputs of toxic chemicals, sediment, or nutrients into the reef environment can affect the survival and growth of reef species, including fish, coral, and other invertebrates. Biological inputs of invasive species through ballast discharges or pathogens through waste discharges can impact native species. 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. Point-source and non-point source regulations can set limitations on the quantity and frequency of discharges. Implementing new technology or updating waste treatment practices can reduce discharges. Agriculture practices, mining practices, and landuse management, such as zoning, can be used to reduce landscape changes and application of chemicals that contribute to runoff.Citations
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Management Options
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Laws
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25-Year Permits for Maintenance Dredging in Deepwater Ports; Deepwater Ports Maintenance Dredging and Disposal Manual, 62-045 Florida Administrative Code. | 62-45.001 Authority, Intent and Policy.
(1) This chapter is promulgated under the authority of Sections 403.061(26) and 403.816(1), F.S.
(2) It is the intent of this chapter to establish a permitting system... for maintenance dredging in deep water commercial navigation
areas of the ports listed in Rule 62-45.020, F.A.C. This chapter incorporates standards and criteria which recognize the present most
beneficial use of these waters for deep water commercial navigation. Since the implementation of a comprehensive maintenance
dredging management plan is a major factor in determining the adequacy of a long-term maintenance dredging program, it is the
further intent of this chapter to give a position of prominence to such a plan within this permit system.
(3) It is the policy of the Department to provide a regulatory process which will enable the ports to conduct maintenance
dredging in an environmentally sound, expeditious and efficient manner.62-45.020 Scope.
(1) The permit system established by this chapter applies only to the ports of Ft. Pierce, Jacksonville, Miami, Palm Beach,
Panama City, Pensacola, Port Canaveral, Port Everglades, Port Manatee, Port St. Joe, St. Petersburg, and Tampa.
(2) The activities which may be included within a permit issued under this chapter are limited to maintenance dredging and
disposal of the maintenance dredged material.
(3) Applicants for permits under this chapter are limited to the port authorities or private interests using the port for deep water
commercial shipping and the U.S. Army Corps of Engineers. The Department shall not issue separate permits to the port authority or
private interests and the U. S. Army Corps of Engineers when the responsibility of maintenance dredging or the disposal of the
maintenance dredged material from the port is shared by any of the parties. The permit, if issued, shall clearly specify the duties and
responsibilities of each party.
(4) A permit may be issued for any length of time up to 25 years. There shall be no more than one such permit for each of the
ports listed in subsection (1).
(5) The area within which work under this permit system may take place is limited to the federally maintained, port authority
maintained, or private interest maintained navigation channels, turning basins, or harbor berths associated with deep water
commercial navigation and associated dredged material disposal sites. Eligible port maintenance dredging areas are depicted on
NOS Charts Nos. 11491 (Port of Jacksonville), 11478 (Port Canaveral), 11475 (Fort Pierce Harbor), 11466 (Port of Palm Beach),
11468 (Port of Miami), 11470 (Port Everglades), 11413 (Tampa Bay, Northern Part), 11414 (Tampa Bay, Southern Part), 11393
(Port St. Joe), 11391 (Panama City), and 11383 (Port of Pensacola) on file with the Department and adopted here by reference.
Copies are available at cost upon request from the Office of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, MS
300, Tallahassee, Florida 32399-3000. Application to Coral Reefs:Proper, environmentally sound, dredging and disposal of dredged material, as reviewed by permit processers, will limit the amount of sediment and nutrients released to open water. The process will be particularly applicable to coral reefs for the dredging and disposal of Miiami harbor. Legislative Actions: Comments: |
Florida State Department of Environmental Protection Jurisdiction: US State Waters |
Dredging Regulations; Dredging, Draining, & Filling; Large Ships; Nutrients; Oil & Gas Tankers; Ports & Harbors; Resource Use Management; Sediment |
Administrative fines for damaging State Lands of products thereof, 18-14 Florida Administrative Code. | 18-14.003 Violations.
It shall be a violation of this rule for any person or the agent of any person to knowingly refuse to comply with any provision of
Chapter 253, F.S., willfully violate any provision... of Chapter 253, F.S., or to willfully damage state land (the ownership or
boundaries of which have been established by the state) or products thereof, by doing any of the following:
(1) Fill, excavate, or dredge, including prop dredging in a manner which produces a defined channel, on state land without the
lease, license, easement or other form of consent required by the Board.
(2) Remove, in violation of state or federal law, any product from state land without written approval or specific exemption
from the Board or Department.
(3) Discharge contaminants, wastes, effluents, sewage or any other pollutant as defined in Chapter 376 or Chapter 403, F.S.,
on, under or over state land; when such discharge is in violation of Chapter 403 or conditions of a permit issued pursuant to that
chapter, or conditions of a lease or easement issued pursuant to Chapter 253, F.S.
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(4) Maintain, place or build permanent or temporary structures, including, but not limited to, additions to existing structures;
all structures whose use is not water-dependent; sanitary septic systems; fences, docks and pilings; houses; oil rigs; and utility
installations on or over state land without consent or authority from the Board or Department.
(5) Place garbage, refuse, or debris on or over state land without approval by the Board or Department.
(6) Any other willful act that causes damage to state land, or products thereof, when such activity occurs without the required
approval by the Board or Department. Application to Coral Reefs:Controlling and limiting excavation and dredging, as well as discharge of contaminants, wastes, sewage, and other pollutants will assist in keeping sediment and pollutants from reaching the coral reefs and causing degradation of reef organisms.. Legislative Actions: Comments:Administrative Fines for Damaging State Lands or Products Thereof |
Florida State Department of Environmental Protection Jurisdiction: US State Waters |
Anchoring & Vessel Grounding; Ballast Discharge; Coastal Engineering; Commercial Fisheries; Construction Codes & Projects; Dredging, Draining, & Filling; Educational & Research Opportunities;... Existence Value & Sense of Place; Fertilizer & Pesticide Use; Nutrient & Contaminant Processing; Oil & Gas Research & Exploration; Petroleum Spills; Recreational Opportunities; Resource Use Management; Sediment; Sewage Treatment; Substrate; Waste Management Policies; Wastewater Discharge |
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 17: Oil soil prevention and pollution control, 12 Virgin Islands Code. | Prohibits the discharge of oil, petroleum products or their by-products, and other pollutants into or upon any coastal waters, estuaries, tidal flats, beaches, and land adjoining the seacoast of the Territory.... Requires prompt containment and removal of petroleum. Application to Coral Reefs:Protects ecosystems, including coral reefs, from petroleum spills and provides for cleanup. Legislative Actions:Established the Virgin Island Coastal Protection Fund of $1,000,000 for cleanup response. Prohibits derilict vessels upon any public waters or ports. Provides for civil penaltiesup to $50,000per day. Requires a National Contingency Plan. Comments:Because it is the intent of this chapter to provide the means for rapid and effective cleanup and to minimize damages, any licensee and its agents or servants, including vessels destined for or leaving a licensee's terminal facility, who permits or suffers a prohibited discharge or other polluting condition to take place within territorial boundaries shall be liable to the territory for all costs of cleanup or other damage incurred by the territory and for damages resulting from injury to others. The territory shall have an absolute maritime lien which shall attach to any vessel and its freight on behalf of the territory or any person injured, for all costs of cleanup and other damages incurred as a result of a prohibited discharge. In any suit to enforce claims of the territory under this chapter, it shall not be necessary for the territory to plead or prove negligence in any form or manner on the part of the licensee or any vessel. If the territory is damaged by a discharge prohibited by this chapter it need only plead and prove the fact of the prohibited discharge or other polluting condition and that it occurred. In addition to the civil penalty, the pilot and the master of any vessel or person in charge of any licensee's terminal facility who fails to give immediate notification of a discharge to the harbor master and nearest U.S. Coast Guard station shall be guilty of a misdemeanor and fined not less than $5,000 nor more than $10,000. The Department shall, by rules and regulations, require that the licensee designate a person at the terminal facility who shall be the person in charge of that facility for the purposes specified by this section. |
US Virgin Islands, Department of Planning and Natural Resources, Division of Environmental Protection Jurisdiction: US Virgin Islands |
Collaboration & Partnering; Mangroves; Oil & Gas Tankers; Petroleum Spills; Resource Use Management; Seagrasses; Water Resources |
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 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 Barrier Resources Act of 1982 (CBRA), 16 United States Code §§ 3501 et seq. | Promote more appropriate use and conservation of coastal barriers along the Atlantic, Gulf and Great Lakes coastlines. Minimize the loss of human life; reduce wasteful expenditures on shoreline development;... minimize damage to wildlife, marine life, and other natural services, and establish a coastal barrier resources system. Application to Coral Reefs:Development of coastal barrier islands can cause sedimentation, through runoff and construction activities, that could reach inshore coral reefs. Legislative Actions:Restrict most federal expenditures and financial assistance that encourage development including federal flood insurance. Comments:Recognized coastal barriers as essential habitat for many fish, water fowl and other aquatic animals. |
U.S. Fish & Wildlife Service Jurisdiction: United States |
Building & Home Construction; Coastal Development; Coral; Funding & Incentives; Marine Protected Areas; Non-point Source Runoff; Public Administration; Resource Use Management; Sediment; Wetlands... |
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 |
Delegation of the Environmental Resource Program to Local Governments, 62-344 Florida Administrative Code. | (1) This chapter guides the participation of counties, municipalities and local pollution control programs in an efficient,
streamlined permitting system by setting forth the procedures and requirements... for delegations of all or a part of the environmental
resource permit program from the Department and water management districts to local governments in accordance with the
provisions of Sections 373.103(8) and 373.441, F.S. This chapter also constitutes the Department�s authorization, in accordance with
Section 373.103(8), F.S., for delegations of the environmental resource permit program from the water management districts to local
governments provided that the procedures for delegation contained in this chapter are followed by the Districts. Delegations from
the Department and Districts shall be for the respective environmental resource permit program responsibilities of the Department
and the Suwannee River, St. Johns River, Southwest Florida and South Florida Water Management Districts, as set forth in
operating agreements listed in Chapter 62-113, F.A.C. Delegation agreements between the Department and local governments shall
be listed in Chapter 62-113, F.A.C., and delegation agreements between the Districts and local governments shall be listed in
Chapters 40B-1, 40C-1, 40D-1, and 40E-1, F.A.C.
(2) Nothing in this chapter shall preclude the Department, Districts, and local governments from entering into contracts or
interagency agreements as provided by law.
(3) Except as specifically provided in this chapter, nothing herein shall prevent a local government from adopting and
implementing an environmental regulatory program pursuant to its own authority.
(4) It is an objective of the Department and Districts to protect the functions of entire ecological systems, as defined and
developed in the programs, rules and plans of the Department and water management districts. It is the intent of the Department and
Districts that any local government receiving delegation of all or a portion of the environmental resource program carry out that
program in a manner consistent with this objective. This paragraph shall not be construed or applied as additional permitting criteria
beyond those adopted by the reviewing agency or the local government. Application to Coral Reefs:In theory, delegating stormwater pond construction and wetland functional determinations, as well as most otrher issues related to stormwater and wetlands, to local government will produce more efficient permitting and oversight. Therefore, treated water that is discharged and reaches any ecosystem should contain less contamination than the same water if it had not treated. Legislative Actions: Comments:Guides the participation of counties, municipalities and local pollution control programs in an efficient, streamlined permitting system by setting forth the procedures and requirements for delegations of all or a part of the environmental resource permit program from the Department and water management districts to local governments |
Florida State Department of Environmental Protection Jurisdiction: State Coastal Waters |
Applied Chemicals; Building & Home Construction; Construction Codes & Projects; Manufacturing & Trade; Nutrient & Contaminant Processing; Nutrients; Physical & Chemical Water Quality... Criteria; Point Source Discharges; Road Construction & Maintenance; Sediment; Waste Management Policies; Wastewater Discharge |
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