Preface
This handbook is designed to provide an accurate, current, and authoritative summary of the principal federal and state (Florida) laws that directly or indirectly relate to agriculture. This handbook provides a basic overview of the many rights and responsibilities that farmers and farmland owners have under federal and state laws and the appropriate contact information to obtain more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this publication could become outdated at any time. Several details of cited laws are also left out due to space limitations. This handbook is an educational text for those interested in water use and water resource issues in Florida.
This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice, and the information contained herein should not be regarded as a substitute for professional advice. This handbook is not all-inclusive in providing information to achieve compliance with the federal and state laws and regulations governing water protection. For these reasons, the use of these materials by any person constitutes an agreement to hold harmless the authors, the UF/IFAS Center for Agricultural and Natural Resource Law, and UF/IFAS Extension for any liability claims, damages, or expenses that any person may incur as a result of reference to or reliance on the information contained in this handbook. Note: UF/IFAS is the acronym for University of Florida, Institute of Food and Agricultural Sciences.
Table of Contents
- Table of Contents (FE579)
- Introduction (FE580)
- State Regulatory Powers (FE581)
- Clean Water Act (FE582)
- Resource Conservation and Recovery Act (FE583)
- Comprehensive Environmental Response, Compensation, and Liability Act [Superfund] (FE584)
- Florida Pollutant Discharge Prevention and Control Act (FE585)
- Emergency Planning and Community Right-to-Know Act [Title III of the Superfund Amendments and Reauthorization Act] (FE586)
- Safe Drinking Water Act (FE587)
- Federal Insecticide, Fungicide, and Rodenticide Act (FE588)
- Food Quality Protection Act (FE589)
- Florida Pesticide Law (FE590)
- Toxic Substances Control Act and the Lautenberg Chemical Safety Act (FE591)
- Protection and Management of Endangered Species (FE592)
- Florida Department of Environmental Protection (FE593)
- Florida Water Management Districts (FE594)
- Florida Fish and Wildlife Conservation Commission (FE595)
- Florida Department of Agriculture and Consumer Services (FE596)
- Florida Department of Health (FE597)
- Private Regulation (FE598)
- Florida Right-to-Farm Act (FE599)
- Agricultural Best Management Practices (FE600)
- State Groundwater Discharge Regulations (FE601)
- Federal Groundwater Discharge Regulations (FE602)
- Water Wells (FE603)
- Consumptive Use (FE604)
- Management and Storage of Surface Waters (FE605)
- Activities in Wetlands (FE606)
- Florida Air and Water Pollution Control Act (FE607)
- Florida Watershed Restoration Act (FE608)
- Florida Everglades Forever Act (FE609)
- Northern Everglades and Estuaries Protection Program (FE610)
- Solid Waste Management (FE611)
- Hazardous Waste Management (FE612)
- Pollutant Storage Tank Systems (FE613)
- Onsite Sewage Treatment and Disposal Systems (FE614)
- Appendix (FE615)
- Contact Agencies (FE616)
- Notes and Glossary (FE617)
- Soil and Water Conservation Districts (FE1017)
- Florida Springs and Aquifer Protection Act (FE1019)
- Florida Water Resources Policy (FE1043)
Acknowledgments
The authors are indebted to the personnel of both state and federal agencies who provided their time and advice in the preparation of this handbook. We acknowledge Carol Fountain and Susan Gildersleeve at the University of Florida for their assistance in editing this handbook. We also acknowledge funding received for updating this publication from the James S. and Dorothy F. Wershow UF/IFAS Center for Agricultural and Natural Resource Law Endowment.
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Title |
Description |
DLN* | |
|
Introduction and Overview | |||
|
Table of Contents |
List of all the documents in the handbook | ||
|
Introduction |
General purpose of handbook | ||
|
Florida Water Policy Framework and Institutions |
Overview of water quality and quantity/use regulations | ||
|
Key Federal Laws | |||
|
Clean Water Act |
Federal law to maintain and restore the chemical, physical, and biological integrity of US navigable waters (such as rivers and lakes) | ||
|
Safe Drinking Water Act |
Federal law to protect US drinking water systems from contaminants | ||
|
Endangered Species Act |
Federal law to protect US fish, wildlife, and plants that are threatened with extinction | ||
|
Key State Laws | |||
|
State Regulatory Powers |
Summary of Florida state regulatory powers | ||
|
Florida Air and Water Pollution Control Act |
State law to conserve, protect, and improve the quality of Florida's waters | ||
|
Florida Watershed Restoration Act |
State law to protect Florida's water quality through the Total Maximum Daily Load program | ||
|
Florida Pollutant Discharge Prevention and Control Act |
State law to maintain the sea coast and coastal waters, beaches, and adjoining public lands in as close to a pristine condition as possible | ||
|
Key State Agencies | |||
|
Florida Department of Environmental Protection |
Primary state agency for preservation of environmental integrity of Florida's physical environment, including water resources | ||
|
Florida Water Management Districts |
State regional agencies for management of water and related land resources | ||
|
Florida Fish and Wildlife Conservation Commission |
State agency for management, protection, and conservation of wild animal life and fresh water aquatic life | ||
|
Florida Department of Agriculture and Consumer Services |
State agency that carries out functions related to farming practices and products, including projects to minimize impact of agriculture on water resource | ||
|
Florida Department of Health |
State agency for implementing procedures to promote and protect public health and safety, including protecting public drinking supply sources | ||
|
Soil and Water Conservation Districts |
Local agencies for providing assistance/guidance to landowners/stakeholders in implementing land and water resource protection practices | ||
|
Selected Permits Required for Water Resource Use | |||
|
Consumptive Use Permits |
Permits for consumptive uses of water (any use of water that reduces water availability in the source from which the water is withdrawn or diverted) | ||
|
Management and Storage of Surface Waters |
Permits for construction, operation, or alteration of stormwater management systems, dams, impoundments, reservoirs, or appurtenances | ||
|
Water Wells |
Permits for construction, repair, or abandonment of water wells | ||
|
Agricultural Best Management Practices | |||
|
Agricultural Best Management Practices |
Overview of how farmers should utilize best management practices to minimize potential impacts of production activities on water resources | ||
|
Wetlands and Connected Systems | |||
|
Activities in Wetlands |
Overview of statutes that protect wetlands | ||
|
Florida Everglades Forever Act |
Restoration of the Everglades ecosystem by state and federal governments | ||
|
Northern Everglades and Estuaries Protection Program |
Program to improve and protect the water quality and quantity in the Lake Okeechobee, Caloosahatchee River, and St. Lucie River watersheds | ||
|
Protection of Groundwater | |||
|
Federal Rules for Discharges into Groundwater |
Overview of federal statutory directives that affect or have the potential to affect groundwater | ||
|
State Rules for Discharges into Groundwater |
Overview of state statutory directives for groundwater quality protection | ||
|
Florida Springs and Aquifer Protection Act |
State law to protect springs fed by the Floridan aquifer | ||
|
Water Wells |
Summary of state statutory directives to safeguard the quality of both well water and aquifer water | ||
|
Onsite Sewage Treatment and Disposal |
Regulations for onsite sewage treatment and disposal systems (such as septic tanks) | ||
|
Regulation of Toxic and Hazardous Substances with Potential Impact on Water Resources | |||
|
Comprehensive Environmental Response, Compensation, and Liability Act |
Federal law for investigation and cleanup of sites contaminated by hazardous substances | ||
|
Emergency Planning and Community Right-to-Know Act |
Federal law to regulate toxic chemicals, hazardous chemicals, and extremely hazardous substances | ||
|
Toxic Substances Control Act and the Lautenberg Chemical Safety Act |
Federal law to regulate the manufacturing, disposing, importing, distributing, using, and processing of all toxic chemicals | ||
|
Pesticide Regulations | |||
|
Federal Insecticide, Fungicide, and Rodenticide Act |
Federal law to regulate all phases of pesticide sale, use, handling, and disposal | ||
|
Food Quality Protection Act |
Overview of the amount of pesticide residue that can be legally present in/on food | ||
|
Florida Pesticide Law |
Regulations for the distribution, sale, and use of pesticides in Florida | ||
|
Pollutant Storage Tank Systems |
Regulations for tank systems that store pesticides, oils, gasoline, or ammonia or chlorine compounds/derivatives | ||
|
Regulation of Wastes with Potential Impact on Water Resources | |||
|
Resource Conservation and Recovery Act |
Cradle-to-grave approach to monitoring wastes | ||
|
Solid Waste Management |
Regulations for the disposal of solid waste | ||
|
Hazardous Waste Management |
Regulations for hazardous waste management | ||
|
Private Regulations | |||
|
Private Regulation |
Overview of terms related to private lawsuits concerning water resources | ||
|
Florida Right-to-Farm Act |
Law to protect reasonable farm operations from nuisance lawsuits | ||
|
Supplementary Materials | |||
|
Appendix |
List of acronyms | ||
|
Contact Agencies |
Contacts of key state and federal agencies | ||
|
Notes and Glossary |
Definition of the key terms | ||
|
*DLN = Digital Library Number within the EDIS system | |||