House Bill 1499e1

CODING: Words stricken are deletions; words underlined are additions.







                                          HB 1499, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Jacksonville Electric

  3         Authority; amending chapter 92-341, Laws of

  4         Florida, being the Charter of the City of

  5         Jacksonville; authorizing the JEA to assess

  6         civil penalties of at least $2,000 per

  7         violation for violations of the Industrial

  8         Pretreatment Program under the Clean Water Act

  9         that each day of an ongoing or continuing

10         violation shall be deemed to be a separate

11         violation;  providing for a hearing; providing

12         an effective date.

13

14         WHEREAS, on June 1, 1997, the Consolidated City of

15  Jacksonville transferred its Water and Sewer Utility to the

16  Jacksonville Electric Authority (JEA), and

17         WHEREAS, under its National Pollutant Discharge

18  Elimination System (NPDES) permits, JEA operates an industrial

19  pretreatment program (formerly operated by the Consolidated

20  City of Jacksonville), as authorized under ss. 307(b) and

21  407(b) of the Clean Water Act, which program regulates the

22  discharges of industrial wastes to JEA's wastewater treatment

23  facilities, and

24         WHEREAS, administration of the federal NPDES program

25  has been delegated to the Florida Department of Environmental

26  Protection, and

27         WHEREAS, the NPDES regulations of the U.S.

28  Environmental Protection Agency (40 CFR 403.8(f)(1)(vi)(A))

29  and the rules of the Florida Department of Environmental

30  Regulation (Rule 62-625.500(2)(5)a, Fla. Admin. Code) require

31  that industrial pretreatment control authorities, like JEA,


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                                          HB 1499, First Engrossed



  1  have authority to seek or assess civil or criminal penalties

  2  in at least the amount of $1,000 a day for each violation by

  3  industrial users of pretreatment standards and requirements,

  4  and

  5         WHEREAS, section 125.69(2), Florida Statutes,

  6  authorizes county ordinances establishing fines up to $2,000 a

  7  day, if necessary for a county to carry out a federally

  8  mandated program, and

  9         WHEREAS, JEA, in operating the wastewater treatment

10  plants formerly owned and operated by the Consolidated City of

11  Jacksonville, is continuing to provide industrial pretreatment

12  discharge services formerly offered as county services by the

13  Consolidated City of Jacksonville, and

14         WHEREAS, JEA seeks clear and unambiguous authority to

15  assess the civil penalties necessary to comply with the

16  federally mandated NPDES program and protect its water supply

17  system, NOW, THEREFORE,

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Subsection (d) of section 21.04 of article

22  21 of chapter 92-341, Laws of Florida, as enacted by said law,

23  is amended to read:

24

25           ARTICLE 21.  JACKSONVILLE ELECTRIC AUTHORITY

26

27         Section 21.04.  Powers.--The authority shall have the

28  following powers, in addition to powers otherwise conferred:

29         (d)(1)  To the extent permitted by law, to fix,

30  regulate, and collect rates and charges for the services

31  furnished by the electric system, only after the authority


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                                          HB 1499, First Engrossed



  1  shall have given notice of and held a public hearing in Duval

  2  County.  The notice shall be published not less than 1 week in

  3  advance in at least one newspaper of general circulation in

  4  the county.  Said notice shall be at least one-fourth page in

  5  size, inviting the public to be present and heard.  The

  6  authority shall have the power to impose sanctions to enforce

  7  compliance with any rule or regulation which the authority may

  8  adopt in the management and operation of, or the sale or use

  9  of electricity from the electric system.  The city and other

10  public bodies shall be required to pay for electricity upon

11  the same basis as other users.

12         (2)  To assess civil penalties in an amount up to but

13  not to exceed $2,000 to be paid to the authority for violation

14  of industrial pretreatment protective regulations.  Each day a

15  violation continues shall be a separate violation.  In all

16  proceedings in which the authority seeks to impose a penalty

17  involving air or water pollution, at the election of the

18  person or entity whose substantial interest is at stake, such

19  person or entity may select either:

20         (i)  The procedures described in section 120.569,

21  Florida Statutes, 1998 Supplement, and section 120l57, Florida

22  Statutes, 1998 Supplement, as such sections may be amended

23  from time to time, which procedures include, when

24  appropriately requested, the hiring and utilization of

25  administrative law judges within the Division of

26  Administrative Hearings of the State of Florida to preside

27  over disputed cases; or

28         (ii)  An alternate procedure established by the

29  authority.

30         Section 2.  This act shall take effect upon becoming

31  law.


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