Senate Bill sb1030c1

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    Florida Senate - 2001                           CS for SB 1030

    By the Committee on Natural Resources and Senator Bronson





    312-1497-01

  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         403.852, F.S.; redefining the terms "public

  4         water system," "noncommunity water system,"

  5         "nontransient noncommunity water system," and

  6         "transient noncommunity water system"; amending

  7         s. 403.853, F.S.; requiring the Department of

  8         Environmental Protection to adopt primary and

  9         secondary drinking water regulations for

10         nontransient noncommunity water systems and

11         transient noncommunity water systems; providing

12         that certified operators are not required for

13         certain transient noncommunity water systems;

14         amending s. 403.8532, F.S.; authorizing the

15         Department of Environmental Protection to make

16         loans to nonprofit transient noncommunity water

17         systems; amending s. 403.854, F.S.; requiring

18         the Department of Environmental Protection to

19         waive on a case-by-case basis certain

20         disinfection and operator requirements

21         applicable to transient noncommunity water

22         systems; amending s. 403.589, F.S.; providing

23         that it is a violation for failure to comply

24         with certain permit requirements; amending s.

25         403.861, F.S.; authorizing the Department of

26         Environmental Protection to issue permits for

27         altering or extending a public water system

28         based on the size of the system under certain

29         circumstances; requiring suppliers of water to

30         submit periodic operating reports and testing

31         data which may include certain raw water data;

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  1         amending s. 403.865, F.S.; providing a

  2         legislative finding that the operation of water

  3         and wastewater treatment systems must be

  4         operated by qualified personnel; amending s.

  5         403.866, F.S.; redefining the terms "operator"

  6         and "water distribution system"; amending s.

  7         403.867, F.S.; requiring water distribution

  8         system operators to be licensed; amending s.

  9         403.871, F.S.; requiring the Department of

10         Environmental Protection to establish certain

11         fees sufficient to cover the entire cost of

12         administering ss. 403.865-403.876, F.S.,

13         relating to water and wastewater operator

14         certification; amending s. 403.872, F.S.;

15         requiring any person to be licensed as a water

16         distribution system operator to take the

17         licensure examination; amending s. 403.875,

18         F.S.; prohibiting any person from performing

19         the duties of an operator of a water

20         distribution system unless licensed; amending

21         s. 403.88, F.S.; requiring the Department of

22         Environmental Protection to classify water

23         treatment plants and water distribution systems

24         by size, complexity, and level of treatment

25         necessary to render the source water suitable

26         for its intended purpose; requiring the

27         Department of Environmental Protection to

28         establish the levels of certification and the

29         staffing requirements for water treatment

30         plant, water distribution system, and

31         wastewater treatment plant operators; providing

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    Florida Senate - 2001                           CS for SB 1030
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  1         a water treatment plant operator's license is

  2         also valid as a water distribution system

  3         license of the same classification or lower;

  4         amending s. 403.1832, F.S.; conforming a

  5         cross-reference; amending s. 403.1835, F.S.;

  6         providing a definition of local governmental

  7         agencies; repealing s. 403.1821, F.S., relating

  8         to the short title of the "Florida Water

  9         Pollution Control and Sewage Treatment Plant

10         Grant Act"; repealing s. 403.1822, F.S.,

11         relating to definitions; repealing s. 403.1823,

12         F.S., relating to rulemaking authority;

13         repealing s. 403.1826, F.S., relating to grants

14         and requirements for eligibility; repealing s.

15         403.1829, F.S., relating to funding project

16         priorities; providing an effective date.

17

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

19

20         Section 1.  Subsections (2), (4), and (17) of section

21  403.852, Florida Statutes, are amended, and subsection (18) is

22  added to that section, to read:

23         403.852  Definitions; ss. 403.850-403.864.--As used in

24  ss. 403.850-403.864:

25         (2)  "Public water system" means a community,

26  nontransient noncommunity, or noncommunity system for the

27  provision to the public of piped water for human consumption

28  through pipes or other constructed conveyances if, provided

29  that such system has at least 15 service connections or

30  regularly serves at least 25 individuals daily at least 60

31  days out of the year. A public water system is either a

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  1  community water system or a noncommunity water system.  The

  2  term "public water system" includes:

  3         (a)  Any collection, treatment, storage, and

  4  distribution facility or facilities under control of the

  5  operator of such system and used primarily in connection with

  6  such system.

  7         (b)  Any collection or pretreatment storage facility or

  8  facilities not under control of the operator of such system

  9  but used primarily in connection with such system.

10         (4)  "Noncommunity water system" means a public water

11  system that for provision to the public of piped water for

12  human consumption, which serves at least 25 individuals daily

13  at least 60 days out of the year, but which is not a community

14  water system; except that a water system for a wilderness

15  educational camp is a noncommunity water system. A

16  noncommunity water system is either a nontransient

17  noncommunity water system or a transient noncommunity water

18  system.

19         (17)  "Nontransient noncommunity water system" means a

20  noncommunity public water system that is not a community water

21  system and that regularly serves at least 25 of the same

22  persons over 6 months per year.

23         (18)  "Transient noncommunity water system" means a

24  noncommunity water system that has at least 15 service

25  connections or regularly serves at least 25 persons daily at

26  least 60 days out of the year but that does not regularly

27  serve 25 or more of the same persons for more than 6 months

28  per year.

29         Section 2.  Subsections (1) and (6) of section 403.853,

30  Florida Statutes, are amended to read:

31         403.853  Drinking water standards.--

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    Florida Senate - 2001                           CS for SB 1030
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  1         (1)  The department shall adopt and enforce:

  2         (a)1.  State primary drinking water regulations that

  3  shall be no less stringent at any given time than the complete

  4  interim or revised national primary drinking water regulations

  5  in effect at such time; and

  6         2.  State secondary drinking water regulations

  7  patterned after the national secondary drinking water

  8  regulations.

  9         (b)  Primary and secondary drinking water regulations

10  for nontransient noncommunity water systems and transient

11  noncommunity water systems, which shall be no more stringent

12  than the corresponding national primary or secondary drinking

13  water regulations in effect at such time, except that

14  nontransient, noncommunity systems shall monitor and comply

15  with additional primary drinking water regulations as

16  determined by the department.

17         (6)  Upon the request of the owner or operator of a

18  transient noncommunity water system serving businesses, other

19  than restaurants or other public food service establishments,

20  and using groundwater as a source of supply, the department,

21  or a local county health department designated by the

22  department, shall perform a sanitary survey of the facility.

23  Upon receipt of satisfactory survey results according to

24  department criteria, the department shall reduce the

25  requirements of such owner or operator from monitoring and

26  reporting on a quarterly basis to performing these functions

27  on an annual basis.  Any revised monitoring and reporting

28  schedule approved by the department under this subsection

29  shall apply until such time as a violation of applicable state

30  or federal primary drinking water standards is determined by

31  the system owner or operator, by the department, or by an

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  1  agency designated by the department, after a random or routine

  2  sanitary survey. Certified operators are not required for

  3  transient noncommunity water systems of the type and size

  4  covered by this subsection.  Any reports required of such

  5  system shall be limited to the minimum as required by federal

  6  law.  When not contrary to the provisions of federal law, the

  7  department may, upon request and by rule, waive additional

  8  provisions of state drinking water regulations for such

  9  systems.

10         Section 3.  Subsection (3) of section 403.8532, Florida

11  Statutes, is amended to read:

12         403.8532  Drinking water state revolving loan fund;

13  use; rules.--

14         (3)  The department is authorized to make loans to

15  community water systems, nonprofit transient noncommunity

16  water systems, and nonprofit nontransient noncommunity water

17  systems to assist them in planning, designing, and

18  constructing public water systems, unless such public water

19  systems are for-profit privately owned or investor-owned

20  systems that regularly serve 1,500 service connections or more

21  within a single certified or franchised area.  However, a

22  for-profit privately owned or investor-owned public water

23  system that regularly serves 1,500 service connections or more

24  within a single certified or franchised area may qualify for a

25  loan only if the proposed project will result in the

26  consolidation of two or more public water systems. The

27  department is authorized to provide loan guarantees, to

28  purchase loan insurance, and to refinance local debt through

29  the issue of new loans for projects approved by the

30  department. Public water systems are authorized to borrow

31  funds made available pursuant to this section and may pledge

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  1  any revenues or other adequate security available to them to

  2  repay any funds borrowed. The department shall administer

  3  loans so that amounts credited to the Drinking Water Revolving

  4  Loan Trust Fund in any fiscal year are reserved for the

  5  following purposes:

  6         (a)  At least 15 percent to qualifying small public

  7  water systems.

  8         (b)  Up to 15 percent to qualifying financially

  9  disadvantaged communities.

10         (c)  However, if an insufficient number of the projects

11  for which funds are reserved under this paragraph have been

12  submitted to the department at the time the funding priority

13  list authorized under this section is adopted, the reservation

14  of these funds shall no longer apply.  The department may

15  award the unreserved funds as otherwise provided in this

16  section.

17         Section 4.  Subsections (4), (5), and (8) of section

18  403.854, Florida Statutes, are amended to read:

19         403.854  Variances, exemptions, and waivers.--

20         (4)(a)  The department shall, except upon a showing of

21  good cause, waive on a case-by-case basis any disinfection

22  chlorination requirement applicable to transient noncommunity

23  water systems using ground water as a source of supply upon an

24  affirmative showing by the supplier of water that no hazard to

25  health will result.  This showing shall be based upon the

26  following:

27         1.  The completion of a satisfactory sanitary survey;

28         2.  The history of the quality of water provided by the

29  system and monthly monitoring tests for bacteriological

30  contamination;

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  1         3.  Evaluation of the well and the site on which it is

  2  located, including geology, depth of well, casing, grouting,

  3  and other relevant factors which have an impact on the quality

  4  of water supplied; and

  5         4.  The number of connections and size of the

  6  distribution system.

  7         (b)  The department may as a condition of waiver

  8  require a monitoring program of sufficient frequency to assure

  9  that safe drinking water standards are being met.

10         (5)  The department shall, except upon a showing of

11  good cause, waive on a case-by-case basis any requirement for

12  a certified operator for a transient nontransient noncommunity

13  or noncommunity water system using ground water as a source of

14  supply having a design flow of less than 10,000 gallons per

15  day upon an affirmative showing by the supplier of water that

16  the system can be properly maintained without a certified

17  operator. The department shall consider:

18         (a)  The results of a sanitary survey if deemed

19  necessary;

20         (b)  The operation and maintenance records for the year

21  preceding an application for waiver;

22         (c)  The adequacy of monitoring procedures for maximum

23  contaminant levels included in primary drinking water

24  regulations;

25         (d)  The feasibility of the supplier of water becoming

26  a certified operator; and

27         (e)  Any threat to public health that could result from

28  nonattendance of the system by a certified operator.

29         (8)  Neither the department nor any of its employees

30  shall be held liable for money damages for any injury,

31  sickness, or death sustained by any person as a result of

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  1  drinking water from any transient noncommunity water system

  2  granted a waiver under subsection (4) or subsection (5).

  3         Section 5.  Subsection (6) of section 403.859, Florida

  4  Statutes, is amended to read:

  5         403.859  Prohibited acts.--The following acts and the

  6  causing thereof are prohibited and are violations of this act:

  7         (6)  Failure by a supplier of water to comply with the

  8  requirements of a permit issued under s. 403.861(7) any

  9  approved plans and specifications or condition to the approval

10  of plans and specifications issued by the department pursuant

11  to this act.

12         Section 6.  Subsections (7), (10), and (17) of section

13  403.861, Florida Statutes, are amended to read:

14         403.861  Department; powers and duties.--The department

15  shall have the power and the duty to carry out the provisions

16  and purposes of this act and, for this purpose, to:

17         (7)  Issue permits for constructing, altering,

18  extending, or operating a public water supply system, based

19  upon the size of the system, type of treatment provided by the

20  system, or population served by the system. The department may

21  issue a permit for a public water system based upon review of

22  a preliminary design report or plans and specifications and a

23  completed permit application form and other required

24  information as set forth in department rule.

25         (10)  Review Require department or county health

26  department review and approve record drawings approval of

27  complete plans and specifications prior to allowing the

28  installation, operation, alteration, or extension of any new,

29  altered, or extended public water system for which a valid

30  permit has been issued under subsection (7).

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  1         (17)  Require suppliers of water to submit periodic

  2  operating reports and testing data which the department

  3  determines are reasonably necessary to ascertain the adequacy

  4  of water supply systems. The information may include raw water

  5  data to determine whether additional treatment will be

  6  required to ensure that water at the consumer's tap meets

  7  applicable drinking water standards and action levels.

  8         Section 7.  Section 403.865, Florida Statutes, is

  9  amended to read:

10         403.865  Water and wastewater facility personnel;

11  legislative purpose.--The Legislature finds that the threat to

12  the public health and the environment from the operation of

13  water and wastewater treatment plants and water distribution

14  systems mandates that qualified personnel operate these

15  facilities. It is the legislative intent that any person who

16  performs the duties of an operator and who falls below minimum

17  competency or who otherwise presents a danger to the public be

18  prohibited from operating a plant or system in this state.

19         Section 8.  Subsections (3) and (5) of section 403.866,

20  Florida Statutes, are amended to read:

21         403.866  Definitions; ss. 403.865-403.876.--As used in

22  ss. 403.865-403.876, the term:

23         (3)  "Operator" means any person, including the owner,

24  who is in onsite charge of the actual operation, supervision,

25  and maintenance of a water treatment plant, water distribution

26  system, or domestic wastewater treatment plant and includes

27  the person in onsite charge of a shift or period of operation

28  during any part of the day.

29         (5)  "Water distribution system" means those components

30  of a public water system used in conveying water for human

31  consumption from the water treatment plant to the consumer's

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  1  property, including pipes, tanks, pumps pipelines, conduits,

  2  pumping stations, and all other constructed conveyances

  3  structures, devices, appurtenances, and facilities used

  4  specifically for such purpose.

  5         Section 9.  Section 403.867, Florida Statutes, is

  6  amended to read:

  7         403.867  License required.--A person may not perform

  8  the duties of an operator of a water treatment plant, water

  9  distribution system, or a domestic wastewater treatment plant

10  unless he or she holds a current operator's license issued by

11  the department.

12         Section 10.  Section 403.871, Florida Statutes, is

13  amended to read:

14         403.871  Fees.--The department shall, by rule,

15  establish fees to be paid by persons seeking licensure or

16  license renewal to cover the entire cost to the department of

17  administering ss. 403.865-403.876, including, but not limited

18  to, the costs associated with for application review and

19  examination, reexamination, licensing and renewal, renewal of

20  an inactive license, reactivation of an inactive license,

21  recordmaking, and recordkeeping, and the costs of ensuring

22  compliance with ss. 403.865-403.876. The fees for license

23  application and license renewal shall be nonrefundable. The

24  department shall establish fees adequate to administer and

25  implement ss. 403.865-403.876.

26         (1)  The application fee may not exceed $100 and is not

27  refundable.

28         (2)  The renewal fee may not exceed $100 and is not

29  refundable.

30         (3)  All fees collected under this section must be

31  deposited into the Water Quality Assurance Trust Fund.  The

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  1  fees shall be used exclusively to implement the provisions of

  2  ss. 403.865-403.876.

  3         Section 11.  Subsections (1) and (3) of section

  4  403.872, Florida Statutes, are amended to read:

  5         403.872  Requirements for licensure.--

  6         (1)  Any person desiring to be licensed as a water

  7  treatment plant operator, a water distribution system

  8  operator, or a domestic wastewater treatment plant operator

  9  must apply to the department to take the licensure

10  examination.

11         (3)  The department shall license as an operator any

12  applicant who has passed the examination and meets the other

13  criteria established under this section.

14         Section 12.  Paragraphs (a), (b), and (f) of subsection

15  (1) of section 403.875, Florida Statutes, are amended to read:

16         403.875  Prohibitions; penalties.--

17         (1)  A person may not:

18         (a)  Perform the duties of an operator of a water

19  treatment plant, water distribution system, or domestic

20  wastewater treatment plant unless he or she is licensed under

21  ss. 403.865-403.876.

22         (b)  Use the name or title "water treatment plant

23  operator," "water distribution system operator," or "domestic

24  wastewater treatment plant operator" or any other words,

25  letters, abbreviations, or insignia indicating or implying

26  that he or she is an operator, or otherwise holds himself or

27  herself out as an operator, unless the person is the holder of

28  a valid license issued under ss. 403.865-403.876.

29         (f)  Employ unlicensed persons to perform the duties of

30  an operator of a water treatment or domestic wastewater

31  treatment plant or a water distribution system.

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  1         Section 13.  Section 403.88, Florida Statutes, is

  2  amended to read:

  3         403.88  Classification of water and wastewater

  4  treatment facilities and facility operators.--

  5         (1)  The department shall classify water treatment

  6  plants, and wastewater treatment plants, and water

  7  distribution systems by size, complexity, and level of

  8  treatment necessary to render the wastewater or source water

  9  suitable for its intended purpose in compliance with this

10  chapter and department rules.

11         (2)  The department shall establish the levels of

12  certification and the staffing requirements for water

13  treatment plant, water distribution system, and wastewater

14  treatment plant operators certified under ss. 403.865-403.876

15  necessary to carry out subsection (1).

16         (3)  A water treatment plant operator's license is also

17  valid as a water distribution system license of the same

18  classification or lower.

19         (4)(3)  The department shall adopt rules necessary to

20  carry out this section.

21         Section 14.  Subsection (1) of section 403.1832,

22  Florida Statutes, is amended to read:

23         403.1832  Department to accept federal aid; Grants and

24  Donations Trust Fund.--

25         (1)  The department is designated as the administrative

26  agency of the state to apply for and accept any funds or other

27  aid and to cooperate and enter into contracts and agreements

28  with the Federal Government relating to the planning, design,

29  construction, operation, maintenance, and enforcement

30  activities of the program to provide clean air and water and

31  pollution abatement of the air and waters of the state,

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  1  including solid waste management, hazardous waste management,

  2  and ecosystem management and restoration, or to any other

  3  related environmental purposes authorized by the Congress of

  4  the United States.  The department may, in the name of the

  5  state, make such applications, sign such documents, give such

  6  assurances, and do such other things as are necessary to

  7  obtain such aid from or cooperate with the United States

  8  Government or any agency thereof. The department may consent

  9  to enter into contracts and agreements and cooperate with any

10  other state agency, local governmental agency, person, or

11  other state when it is necessary to carry out the provisions

12  of this section ss. 403.1821-403.1832.

13         Section 15.  Paragraph (a) of subsection (2) of section

14  403.1835, Florida Statutes, is amended to read:

15         403.1835  Water pollution control financial

16  assistance.--

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

18         (a)  "Local governmental agencies" refers to any

19  municipality, county, district, or authority, or any agency

20  thereof, or a combination of two or more of the foregoing,

21  acting jointly in connection with a project having

22  jurisdiction over collection, transmission, treatment, or

23  disposal of sewage, industrial wastes, stormwater, or other

24  wastes and includes a district or authority the principal

25  responsibility of which is to provide airport, industrial or

26  research park, or port facilities to the public means local

27  governmental agencies as defined in s. 403.1822(3).

28         Section 16.  Sections 403.1821, 403.1822, 403.1823,

29  403.1826, and 403.1829, Florida Statutes, are repealed.

30         Section 17.  This act shall take effect July 1, 2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1030

  3

  4  The committee substitute make a number of technical and
    clarifying amendments to conform Florida's Safe Drinking Water
  5  Act to the federal Safe Drinking Water Act. Suppliers of water
    are required to submit periodic operating reports and testing
  6  data which may include raw water data. Water distribution
    system operators would be required to be licensed by the
  7  Department of Environmental Protection. Certain outdated
    provisions of the Florida Water Pollution Control and Sewage
  8  Treatment Plant Grant Act are repealed.

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