House Bill 1757c1

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







    Florida House of Representatives - 2000             CS/HB 1757

        By the Committees on Environmental Protection, Water &
    Resource Management and Representatives Alexander, Betancourt,
    K. Smith, Boyd and Cantens




  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         403.0882, F.S.; reorganizing and clarifying the

  4         section; providing findings and declaration;

  5         providing definitions; directing the Department

  6         of Environmental Protection to initiate

  7         rulemaking, by a specified date, to address

  8         facilities that discharge demineralization

  9         concentrate; creating a technical advisory

10         committee to assist in rule development;

11         providing permitting requirements relating to

12         failure of toxicity tests due to naturally

13         occurring constituents; providing requirements

14         for discharge of demineralization concentrate

15         from small water utility businesses; providing

16         additional rulemaking authority; amending s.

17         403.061, F.S.; providing an exemption allowing

18         demineralization concentrate mixing zones in

19         Outstanding Florida Waters if specific

20         requirements are met; creating s. 403.065,

21         F.S.; providing findings and declarations;

22         providing for classification and permitting of

23         aquifer storage and recovery wells; providing a

24         zone of discharge for aquifer storage and

25         recovery wells meeting specific criteria;

26         providing monitoring requirements for aquifer

27         storage and recovery wells; requiring an

28         aquifer exemption for aquifer storage and

29         recovery wells not exceeding primary drinking

30         water standards other than total coliform

31         bacteria or sodium; requiring the department to

                                  1

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1         make a reasonable effort to issue or deny

  2         permits within 90 days; providing the

  3         department with rulemaking authority to

  4         implement this section; providing an effective

  5         date.

  6

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

  8

  9         Section 1.  Section 403.0882, Florida Statutes, is

10  amended to read:

11         (Substantial rewording of section. See

12         s. 403.0882, F.S., for present text.)

13         403.0882  Discharge of demineralization concentrate.--

14         (1)  The Legislature finds and declares that it is in

15  the public interest to conserve and protect water resources;

16  provide adequate water supplies and provide for natural

17  systems; and promote brackish water demineralization as an

18  alternative to ground and surface water withdrawals of

19  freshwater, by removing institutional barriers to

20  demineralization and through conducting research, including

21  demonstration projects, to advance water and water byproduct

22  treatment technology, sound waste byproduct disposal methods,

23  and regional solutions to water resources issues.  In order to

24  promote the state objective of alternative water supply

25  development, including the use of demineralization

26  technologies, and encourage the conservation and protection of

27  Florida's natural resources, the concentrate resulting from

28  demineralization shall be classified as potable water

29  byproduct regardless of flow quantity and shall be

30  appropriately treated, and discharged or reused.

31         (2)  For the purposes of this section, the term:

                                  2

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1         (a)  "Demineralization concentrate" means the

  2  concentrated byproduct water, brine, or reject water produced

  3  by ion exchange or membrane separation technologies, such as

  4  reverse osmosis, membrane softening, ultra-filtration,

  5  membrane filtration, electrodialysis, and electrodialysis

  6  reversal, used for desalination, softening, or reducing total

  7  dissolved solids during water treatment for public water

  8  supply purposes.

  9         (b)  "Small water utility business" means any facility

10  that distributes potable water to two or more customers with a

11  concentrate discharge of less than 50,000 gallons per day.

12         (3)  The department shall initiate rulemaking no later

13  than October 1, 2000, to address facilities that discharge

14  demineralization concentrate.  The department shall convene a

15  technical advisory committee to assist in the development of

16  the rules, which shall include one representative each from

17  the demineralization industry, local government, water and

18  wastewater utilities, the engineering profession, business,

19  and environmental organizations.  The technical advisory

20  committee shall also include one member representing the five

21  water management districts.  In convening the technical

22  advisory committee, consideration shall be given to

23  geographical balance.  The rules shall address, at a minimum:

24         (a)  Permit application forms for concentrate disposal.

25         (b)  Specific options and requirements for

26  demineralization concentrate disposal, including a

27  standardized list of effluent and monitoring parameters, which

28  may be adjusted or expanded by the department as necessary to

29  protect water quality.

30         (c)  Specific requirements and accepted methods for

31  evaluating mixing of effluent in receiving waters.

                                  3

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1         (d)  Specific toxicity provisions.

  2         (4)(a)  For facilities that discharge demineralization

  3  concentrate, the failure of whole effluent toxicity tests

  4  predominately due to the presence of constituents naturally

  5  occurring in the source water, limited to calcium, potassium,

  6  sodium, magnesium, chloride, bromide, and other constituents

  7  designated by the department, shall not be the basis for

  8  denial of a permit, denial of a permit renewal, revocation of

  9  a permit, or other enforcement action by the department, as

10  long as the volume of water necessary to achieve water quality

11  standards is available within a distance not in excess of two

12  times the natural water depth at the point of discharge under

13  all flow conditions.

14         (b)  In the event failure of whole effluent toxicity

15  tests is due predominately to the presence of the naturally

16  occurring constituents identified in paragraph (a), or

17  designated by the department pursuant to paragraph (a), the

18  department shall issue a permit for the demineralization

19  concentrate discharge, if:

20         1.  The volume of water necessary to achieve water

21  quality standards is available within a distance not in excess

22  of two times the natural water depth at the point of discharge

23  under all flow conditions; and

24         2.  All other permitting requirements are met.

25

26  A variance for toxicity under the circumstance described in

27  this paragraph shall not be required.

28         (c)  Facilities that fail to meet the requirements of

29  this subsection may be permitted in accordance with department

30  rule, including all applicable moderating provisions such as

31  variances, exemptions, and mixing zones.

                                  4

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1         (5)  Blending of demineralization concentrate with

  2  reclaimed water shall be allowed in accordance with the

  3  department's reuse rules.

  4         (6)  This subsection applies only to small water

  5  utility businesses.

  6         (a)  The discharge of demineralization concentrate from

  7  small water utility businesses shall be presumed to be

  8  allowable and permittable in all waters in the state, if:

  9         1.  The discharge meets the effluent limitations in s.

10  403.086(4), except that high-level disinfection shall not be

11  required unless the presence of fecal coliforms in the source

12  water will result in the discharge not meeting applicable

13  water quality standards;

14         2.  The discharge of demineralization concentrate

15  achieves a minimum of 4-to-1 dilution within a distance not in

16  excess of two times the natural water depth at the point of

17  discharge under all flow conditions; and

18         3.  The point of discharge is located at a reasonably

19  accessible point that minimizes water quality impacts to the

20  greatest extent possible.

21         (b)  The presumption in paragraph (a) that the

22  discharge of demineralization concentrate from a small water

23  utility is allowable and permittable may be overcome only by a

24  demonstration that one or more of the following conditions are

25  present:

26         1.  The discharge will be made directly into an

27  Outstanding Florida Water, except as provided in chapter

28  90-262, Laws of Florida.

29         2.  The discharge will be made directly to Class I or

30  Class II waters.

31

                                  5

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1         3.  The discharge will be made to a water body having a

  2  total maximum daily load established by the department and the

  3  discharge will cause or contribute to a violation of the

  4  established load.

  5         4.  The discharge fails to meet the requirements of the

  6  antidegradation policy contained in the department rules.

  7         5.  The discharge will be made to a sole-source

  8  aquifer.

  9         6.  The discharge fails to meet applicable surface

10  water and groundwater quality standards.

11         7.  The results of any toxicity test performed by the

12  applicant under paragraph (d) or by the department indicate

13  the discharge does not meet toxicity requirements at the

14  boundary of the mixing zone under subparagraph (a)2.

15         (c)  If one or more of the conditions in paragraph (b)

16  has been demonstrated, the department may:

17         1.  Require more stringent effluent limitations;

18         2.  Require relocation of the discharge point or a

19  change in the method of discharge;

20         3.  Limit the duration or volume of the discharge; or

21         4.  Prohibit the discharge if there is no alternative

22  that meets the conditions of subparagraphs 1.-3.

23         (d)  For facilities owned by small water utility

24  businesses, the department shall not:

25         1.  Require such businesses to perform toxicity testing

26  at other than the time of permit application, permit renewal,

27  or any requested permit modification, unless the initial

28  toxicity test or any subsequent toxicity test performed by the

29  department does not meet toxicity requirements.

30         2.  Require such businesses to obtain a

31  water-quality-based effluent limitation determination.

                                  6

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1         (7)  The department may adopt additional rules for the

  2  regulation of demineralization and to implement the provisions

  3  of this section and s. 403.061(11)(b).

  4         Section 2.  Paragraph (b) of subsection (11) of section

  5  403.061, Florida Statutes, is amended to read:

  6         403.061  Department; powers and duties.--The department

  7  shall have the power and the duty to control and prohibit

  8  pollution of air and water in accordance with the law and

  9  rules adopted and promulgated by it and, for this purpose, to:

10         (11)  Establish ambient air quality and water quality

11  standards for the state as a whole or for any part thereof,

12  and also standards for the abatement of excessive and

13  unnecessary noise.  The department is authorized to establish

14  reasonable zones of mixing for discharges into waters.

15         (b)  No mixing zone for point source discharges shall

16  be permitted in Outstanding Florida Waters except for:

17         1.  Sources which have received permits from the

18  department prior to April 1, 1982, or the date of designation,

19  whichever is later.;

20         2.  Blowdown from new power plants certified pursuant

21  to the Florida Electrical Power Plant Siting Act.; and

22         3.  Discharges of water necessary for water management

23  purposes which have been approved by the governing board of a

24  water management district and, if required by law, by the

25  secretary.

26         4.  The discharge of demineralization concentrate which

27  has been determined permittable under s. 403.0882 and which

28  meets the specific provisions of s. 403.0882(4)(a) and (b), if

29  the proposed discharge is clearly in the public interest.

30         Section 3.  Section 403.065, Florida Statutes, is

31  created to read:

                                  7

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1         403.065  Aquifer storage and recovery wells.--

  2         (1)  The Legislature finds and declares that it is in

  3  the public interest to conserve and protect water resources,

  4  provide adequate water supplies, provide for natural systems,

  5  and promote quality aquifer storage and recovery projects by

  6  removing inappropriate institutional barriers.

  7         (2)  Aquifer storage and recovery wells shall be

  8  classified and permitted according to department rules,

  9  consistent with the federal Safe Drinking Water Act. Such

10  wells shall be constructed to prevent violation of state

11  ground water quality standards at the point of discharge,

12  except as specifically provided in this section.

13         (3)  Aquifer storage and recovery wells shall be

14  allowed a zone of discharge for sodium and secondary drinking

15  water standards, provided the requirements of paragraphs

16  (4)(b), (c), and (d) and subsection (6) are met.

17         (4)  Aquifer storage and recovery wells, except those

18  that inject reclaimed water as provided in department rule,

19  shall be allowed a zone of discharge for total coliform

20  bacteria when the applicant for the aquifer storage and

21  recovery well permit demonstrates, through a risk-based

22  analysis, the following:

23         (a)  The ground water that will be affected by the zone

24  of discharge contains no less than 1,500 milligrams per liter

25  total dissolved solids.

26         (b)  The ground water within the zone of discharge is

27  not currently being used nor is it reasonably expected to be

28  used as a public or private drinking water supply, except by

29  the permit applicant.

30         (c)  The presence of the stored water shall not cause

31  any person other than the permit applicant to treat its source

                                  8

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1  water in any way that would not have been required in the

  2  absence of the aquifer storage and recovery well.

  3         (d)  The department has approved a monitoring plan that

  4  specifies the number and location of monitor wells, monitoring

  5  parameters, and frequency of monitoring.

  6         (e)  Total coliform bacteria is the only primary

  7  drinking water standard other than sodium that will not be met

  8  prior to injection.

  9         (f)  The permit applicant demonstrates that biological

10  contaminants will experience die-off such that primary

11  drinking water standards will be met at the edge of the zone

12  of discharge and that those contaminants will not pose an

13  adverse risk to human health.

14         (g)  The permit applicant documents the environmental

15  benefits to be derived from the storage, recovery, and future

16  use of the injected water.

17         (h)  The use of the recovered water is consistent with

18  its intended primary purpose.

19         (i)  The storage of water shall not endanger drinking

20  water sources, as defined in the federal Safe Drinking Water

21  Act, 42 U.S.C. ss. 300h.

22         (5)  The department may allow a zone of discharge for

23  sodium, total coliform bacteria, and secondary drinking water

24  standards if the total dissolved solids concentration in the

25  affected ground water is less than 1,500 milligrams per liter

26  and if the requirements of paragraphs (4)(c)-(i) are

27  satisfied, and:

28         (a)  The applicant for the aquifer storage and recovery

29  well permit demonstrates that ground water within the zone of

30  discharge is not currently being used and cannot in the future

31

                                  9

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1  be used as a public or private drinking water supply except by

  2  the permit applicant.

  3         (b)  The permit applicant provides written notice,

  4  including specific information about the proposed aquifer

  5  storage and recovery project, to each landowner whose property

  6  overlies the zone of discharge.

  7         (6)  A zone of discharge for aquifer storage and

  8  recovery wells shall not intersect or include any part of a

  9  500-foot radius surrounding any well that uses the injection

10  zone to supply drinking water.

11         (7)  The department shall specify in the permit for the

12  aquifer storage and recovery well the vertical and lateral

13  limits of the approved zone of discharge. Compliance with the

14  primary drinking water standard for total coliform bacteria,

15  sodium, and the secondary drinking water standards shall be

16  required at the edge of the zone of discharge.

17         (8)  After the aquifer storage and recovery well is in

18  operation, ground water monitoring must demonstrate that

19  biological die-off is occurring, no exceedances of the primary

20  drinking water standards have occurred outside of the zone of

21  discharge, and there is no adverse risk to human health from

22  the injection activity. Failure of the applicant to make this

23  demonstration shall result in revocation of the zone of

24  discharge.

25         (9)  If drinking water supply wells are present in the

26  injection zone within 2.5 miles of the edge of the zone of

27  discharge, additional monitor wells may be required to detect

28  the possible movement of injected fluids in the direction of

29  the drinking water wells.

30         (10)  Monitor wells shall be sampled at least monthly

31  for the parameters specified in the permit for the aquifer

                                  10

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






    Florida House of Representatives - 2000             CS/HB 1757

    194-137A-00






  1  storage and recovery well. The department may modify the

  2  monitoring requirements if necessary to provide reasonable

  3  assurance that underground sources of drinking water are

  4  adequately protected.

  5         (11)  An aquifer exemption shall be obtained prior to

  6  injection if the injection fluid exceeds any primary drinking

  7  water standard maximum contaminant level other than total

  8  coliform bacteria or sodium, or if the injection fluid

  9  contains constituents that may adversely affect the health of

10  persons.

11         (12)  The department shall make a reasonable effort to

12  issue or deny a permit within 90 days after determining the

13  permit application to be complete. In accordance with s.

14  403.0876(2)(b), the failure of the department to issue or deny

15  a permit for an underground injection well within the 90-day

16  time period shall not result in the automatic issuance or

17  denial of the permit and shall not prevent the inclusion of

18  specific permit conditions which are necessary to ensure

19  compliance with applicable statutes and rules.

20         (13)  The department may adopt rules for the regulation

21  of aquifer storage and recovery wells to implement the

22  provisions of this section.

23         Section 4.  This act shall take effect upon becoming a

24  law.

25

26

27

28

29

30

31

                                  11