House Bill hb1831

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    Florida House of Representatives - 2001                HB 1831

        By the Committee on Natural Resources & Environmental
    Protection and Representative Harrington





  1                      A bill to be entitled

  2         An act relating to demineralization

  3         concentrate; amending s. 403.0882, F.S.;

  4         reorganizing and clarifying provisions relating

  5         to discharge of demineralization concentrate;

  6         providing legislative findings; providing

  7         definitions; directing the Department of

  8         Environmental Protection to enter into

  9         rulemaking; 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 for discharge

14         of demineralization concentrate from small

15         water utility businesses; amending s. 403.061,

16         F.S.; providing an exemption allowing

17         demineralization concentrate mixing zones in

18         Outstanding Florida Waters if specific

19         requirements are met; providing an effective

20         date.

21

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

23

24         Section 1.  Section 403.0882, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section. See

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

28         403.0882  Discharge of demineralization concentrate.--

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

30  the public interest to conserve and protect water resources,

31  provide adequate water supplies and provide for natural

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  1  systems, and promote brackish water demineralization as an

  2  alternative to withdrawals of fresh water from ground and

  3  surface water sources by removing institutional barriers to

  4  demineralization and through research, including demonstration

  5  projects, to advance water and water byproduct treatment

  6  technology, sound waste byproduct disposal methods, and

  7  regional solutions to water resources issues.  In order to

  8  promote the state objective of alternative water supply

  9  development, including the use of demineralization

10  technologies, and to encourage the conservation and protection

11  of the state's natural resources, the concentrate resulting

12  from demineralization must be classified as a potable water

13  byproduct regardless of flow quantity and must be

14  appropriately treated and discharged or reused.

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

16         (a)  "Demineralization concentrate" means the

17  concentrated byproduct water, brine, or reject water produced

18  by ion exchange or membrane separation technologies such as

19  reverse osmosis, membrane softening, ultrafiltration, membrane

20  filtration, electrodialysis, and electrodialysis reversal used

21  for desalination, softening, or reducing total dissolved

22  solids during water treatment for public water supply

23  purposes.

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

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

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

27         (3)  The department shall initiate rulemaking no later

28  than October 1, 2001, to address facilities that discharge

29  demineralization concentrate.  The department shall convene a

30  technical advisory committee to assist in the development of

31  the rules, which committee shall include one representative

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  1  each from the demineralization industry, local government,

  2  water and wastewater utilities, the engineering profession,

  3  business, and environmental organizations.  The technical

  4  advisory committee shall also include one member representing

  5  the five water management districts and one representative

  6  from the Florida Marine Research Institute.  In convening the

  7  technical advisory committee, consideration must be given to

  8  geographical balance. The rules must address, at a minimum:

  9         (a)  Permit application forms for concentrate disposal;

10         (b)  Specific options and requirements for

11  demineralization concentrate disposal, including a

12  standardized list of effluent and monitoring parameters, which

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

14  protect water quality;

15         (c)  Specific requirements and accepted methods for

16  evaluating mixing of effluent in receiving waters; and

17         (d)  Specific toxicity provisions.

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

19  concentrate, the failure of whole effluent toxicity tests

20  predominantly due to the presence of constituents naturally

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

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

23  designated by the department, may not be the basis for denial

24  of a permit, denial of a permit renewal, revocation of a

25  permit, or other enforcement action by the department as long

26  as the volume of water necessary to achieve water quality

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

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

29  all flow conditions.

30         (b)  If failure of whole effluent toxicity tests is due

31  predominantly to the presence of the naturally occurring

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  1  constituents identified in paragraph (a), the department shall

  2  issue a permit for the demineralization concentrate discharge

  3  if:

  4         1.  The volume of water necessary to achieve water

  5  quality standards is available within a distance not in excess

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

  7  under all flow conditions; and

  8         2.  All other permitting requirements are met.

  9

10  A variance for toxicity under the circumstance described in

11  this paragraph is not required.

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

13  this subsection may be permitted in accordance with department

14  rule, including all applicable moderating provisions such as

15  variances, exemptions, and mixing zones.

16         (5)  Blending of demineralization concentrate with

17  reclaimed water shall be allowed in accordance with the

18  department's reuse rules.

19         (6)  This subsection applies only to small water

20  utility businesses.

21         (a)  The discharge of demineralization concentrate from

22  small water utility businesses is presumed to be allowable and

23  permittable in all waters in the state if:

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

25  403.086(4), except that high level disinfection is not

26  required unless the presence of fecal coliforms in the source

27  water will result in the discharge not meeting applicable

28  water quality standards;

29         2.  The discharge of demineralization concentrate

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

31

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

  2  discharge under all flow conditions; and

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

  4  accessible point that minimizes water quality impacts to the

  5  greatest extent possible.

  6         (b)  The presumption in paragraph (a) may be overcome

  7  only by a demonstration that one or more of the following

  8  conditions is present:

  9         1.  The discharge will be made directly into an

10  Outstanding Florida Water, except as provided in chapter

11  90-262, Laws of Florida;

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

13  Class II waters; 

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

15  total maximum daily load established by the department and the

16  discharge will cause or contribute to a violation of the

17  established load;

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

19  antidegradation policy contained in the department rules;

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

21  aquifer;

22         6.  The discharge fails to meet applicable surface

23  water and groundwater quality standards; or

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

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

26  that the discharge does not meet toxicity requirements at the

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

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

29  has been demonstrated, the department may:

30         1.  Require more stringent effluent limitations;

31

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  1         2.  Require relocation of the discharge point or a

  2  change in the method of discharge;

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

  4         4.  Prohibit the discharge if there is no alternative

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

  6         (d)  For facilities owned by small water utility

  7  businesses, the department may not:

  8         1.  Require those businesses to perform toxicity

  9  testing at other than the time of permit application, permit

10  renewal, or any requested permit modification, unless the

11  initial toxicity test or any subsequent toxicity test

12  performed by the department does not meet toxicity

13  requirements.

14         2.  Require those businesses to obtain a

15  water-quality-based effluent limitation determination.

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

17  regulation of demineralization and to administer this section

18  and s. 403.061(11)(b).

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

20  403.061, Florida Statutes, is amended to read:

21         403.061  Department; powers and duties.--The department

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

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

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

25         (11)  Establish ambient air quality and water quality

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

27  and also standards for the abatement of excessive and

28  unnecessary noise.  The department is authorized to establish

29  reasonable zones of mixing for discharges into waters.

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

31  be permitted in Outstanding Florida Waters except for:

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  1         1.  Sources that which have received permits from the

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

  3  whichever is later;

  4         2.  Blowdown from new power plants certified pursuant

  5  to the Florida Electrical Power Plant Siting Act; and

  6         3.  Discharges of water necessary for water management

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

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

  9  secretary; and.

10         4.  The discharge of demineralization concentrate which

11  has been determined permittable under s. 403.0882 and which

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

13  the proposed discharge is clearly in the public interest.

14

15  Nothing in this act shall be construed to invalidate any

16  existing department rule relating to mixing zones.  The

17  department shall cooperate with the Department of Highway

18  Safety and Motor Vehicles in the development of regulations

19  required by s. 316.272(1).

20

21  The department shall implement such programs in conjunction

22  with its other powers and duties and shall place special

23  emphasis on reducing and eliminating contamination that

24  presents a threat to humans, animals or plants, or to the

25  environment.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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  2                          HOUSE SUMMARY

  3
      Reorganizes and clarifies provisions relating to
  4    discharge of demineralization concentrate into waters of
      the state. Provides legislative findings and definitions.
  5    Directs the Department of Environmental Protection to
      adopt rules, and creates a technical advisory committee
  6    to assist in rule development. Provides permitting
      requirements relating to failure of toxicity tests due to
  7    naturally occurring constituents. Provides for discharge
      of demineralization concentrate from small water utility
  8    businesses. Provides an exemption allowing
      demineralization concentrate mixing zones in Outstanding
  9    Florida Waters if specific requirements are met.

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