APPENDIX D - REGULATORY JURISDICTIONS IN THE LAKE TARPON WATERSHED
Federal
Federal jurisdiction in the Lake Tarpon watershed involves regulatory
responsibilities of the U.S. Army Corps of Engineers (ACOE), the U.S.
Environmental Protection Agency (EPA), the U.S. Coast Guard, the U.S. Department of the Interior (which
includes the U.S. Fish and Wildlife Service or FWS and the U.S. Geological
Survey or USGS). The main regulatory
functions of these agencies include overseeing dredge and fill activities,
maintaining navigability of waters of the United States, overseeing clean-ups
following pollution spills, protecting endangered species and protecting
overall environmental quality. The U.S.
Geological Survey participates in special studies in the Lake Tarpon watershed
and contributes to the collection of technical data.
U.S. Army Corps of Engineers
The ACOE is concerned with all activities which affect navigable waters
of the United States, particularly those involving construction of structures
and dredging and filling in navigable waters.
The ACOE is also involved in permitting the placement of dredge and fill
material into navigable waters and adjacent wetlands and in partial funding of
aquatic plant control in navigable and public waters. A revision of the Rivers and Harbors Act of 1968 allows the ACOE
to consider fish and wildlife, conservation, pollution, aesthetics, ecology and
other relevant factors of a project.
U.S. Environmental Protection Agency
The EPA is the primary federal agency responsible for water quality
protection. The agency oversees
hazardous waste cleanups, protection of public drinking water systems, all
point source discharges in waters of the United States (through the National
Pollutant Discharge Elimination System permit program), and the protection and
restoration of surface and groundwater.
The agency also reviews ACOE permit activities, sets minimum quality
standards and sets guidelines for state environmental programs. The EPA also funds sewage system
improvements through the Florida Department of Environmental Protection.
U.S. Coast Guard
The Coast Guard’s mission includes hazardous materials cleanups, search
and rescue, buoys placement, vessel safety inspection and right-of-way
clearance on navigable waterways. Since
Lake Tarpon is a navigable water it is monitored by the Coast Guard.
U.S. Department of the Interior
Within the U.S. Department of the Interior the FWS and the USGS perform
the primary functions of this agency as they relate to Lake Tarpon. The FWS reviews proposed activities which
may impact threatened or endangered species and reviews ACOE permit
applications for potential effects on fish and wildlife. The USGS conducts investigations concerning
hydrology, hydrogeology, water use and groundwater and surface water quality.
State
Many state agencies are involved in environmental regulation and
resource management in the Lake Tarpon watershed. They include the Florida Department of Environmental Protection
(FDEP), the Florida Department of Community Affairs (DCA), the Florida Fish and
Wildlife Conservation Commission (FFWCC, formerly the Florida Game and
Freshwater Fish Commission), the Florida Department of Agriculture and Consumer
Services DACS), and the Florida Department of Health and Rehabilitative
Services (HRS).
Florida Department of Environmental Protection
The FDEP, formed when the Departments of Environmental Regulation and
Natural Resources were combined into a single agency (July 1993) has all the
responsibilities of the previous departments.
It receives its authority partly from state law and partly from programs
delegated by the EPA. The FDEP is the
lead agency involved in water quality, pollution control, and resource recovery
programs. The FDEP sets state water
quality standards and has permit jurisdiction over point and non-point source
discharges, certain dredge and fill activities, drinking water systems, power
plant siting, and many construction activities conducted in waters of the
State. The FDEP also interacts closely
with other federal and state agencies on water related matters, and the FDEP
and the District share responsibilities in non-point source and wetland
permitting.
The FDEP is the primary reviewing agency for SWIM plans and is
responsible for the disbursement of monies from the SWIM Trust Fund to the
water management districts.
Florida Department of Community Affairs
The DCA is responsible for reviewing local comprehensive plans and has
jurisdiction over developments of regional impact (DRI’s). DRI investigations are concerned with
proposed developments which have the potential to affect the health, safety or
welfare of morethan one county.
The comprehensive plans for both the City of Tarpon Springs and Pinellas
County have been reviewed by the DCA and they are currently in compliance with
the Local Government Comprehensive Planning Act.
Fish and Wildlife Conservation Commission
It is the mission of the FFWCC to manage freshwater aquatic life and
wild animal life and their habitats to perpetuate a diversity of species with
densities and distributions that provide sustained ecological, recreational,
scientific, educational, aesthetic and economic benefits. Its efforts within the SWIM plan area
primarily involve freshwater sport and commercial fishing, fisheries research
wildlife monitoring, enforcement of fisheries/wildlife regulations, listed
species protection, wildlife research, development review and regional
planning.
With regard to Lake Tarpon, the FFWCC is directed to review the SWIM
plan to determine if the plan has adverse effects on wild animal life and
freshwater aquatic life. Additionally,
the FFWCC participates in law enforcement on the lake and coordinates with all
agencies concerning all matters affecting the lake.
Florida Department of Agriculture and Consumer Services
The DACS, through its Division of Agriculture and Environmental Services
regulates the registration and use of pesticides, including the purchase of
restricted pesticides, maintains registration and quality control of
fertilizers, regulates and licenses pest control operations and herbicide
applicators, mosquito control and evaluates and manages environmental impacts
associated with agrichemicals.
Florida Department of Health and Rehabilitative Services
The HRS is responsible for permitting of septic systems and other
on-site disposal systems through its county health departments. It also coordinates mosquito control
programs.
Regional
There are numerous programs and regional agencies whose jurisdictions
lie within the Lake Tarpon Watershed.
Of these, three are likely to be involved in or concerned with
implementation of the revised Lake Tarpon SWIM Plan. They are the Tampa Bay Regional Planning Council, the Tampa Bay
Estuary Program and the Southwest Florida Water Management District (District)
The Tampa Bay Regional Planning Council is the Regional Planning Agency
designated in Section 186.505 of the Florida Statutes. It performs the responsibilities described
in that section and the Regional Planning Agency roles assigned in Section
380.05, F.S. which includes resource planning committees, DRI reviews and
Chapter 163 local plan reviews.
The Tampa Bay Estuary Program (TBEP) is responsible for administering
the Comprehensive Conservation and Management Plan for Tampa Bay. Since Lake Tarpon discharges to Tampa Bay
via the Lake Tarpon Outfall Canal, the TBEP will be included in the review
process for the revised Lake Tarpon SWIM plan, as well as any projects that may
impact nutrient loadings or water flows to Tampa Bay.
The District is responsible for performing the duties assigned under
Chapter 373, F.S. as well as duties delegated through the FDEP for Chapters 253
and 403, F.S., and for local plan review under Chapter 163, F.S. The District performs those duties for the
entire Lake Tarpon watershed.
Local Governments
There are three local governments with jurisdictions within the Lake
Tarpon watershed, the City of Tarpon Springs, Pinellas County and Hillsborough
County. Both the City of Tarpon Springs
and Pinellas County play an important role in management of the lake through
daily management of their communities, by the way of planning, zoning, and
other land use decisions and the implementation and enforcement of local
codes. Since the original SWIM Plan in
1989, Pinellas County, through their Department of Environmental Management has
been a very active partner with the District in the management and monitoring
of Lake Tarpon. A consultant for
Pinellas County has recently completed the Lake Tarpon Watershed Management
Plan which forms a basis for this revision of the Lake Tarpon SWIM Plan. The upper Brooker Creek watershed comprises
the portion of the Lake Tarpon watershed which falls in Hillsborough
County. Hillsborough County is
becoming more active in management of the Brooker Creek watershed through the
County’s environmentally sensitive lands acquisition program (ELAPP). They have also begun working with Pinellas County’s Brooker Creek Preserve
staff to coordinate management if adjoining environmentally sensitive lands.