House Bill hb1949

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    Florida House of Representatives - 2001                HB 1949

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





  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.323, F.S.; revising requirements for

  4         licensure of water well contractors; providing

  5         conditions under which water well contractors

  6         may install, repair, or modify pumps, tanks,

  7         and water conditioning equipment; amending s.

  8         373.324, F.S.; requiring the Department of

  9         Environmental Protection to adopt rules;

10         requiring a continuing education requirement

11         for renewal of water well contractor licenses;

12         amending s. 373.325, F.S.; providing continuing

13         education requirements for renewal or

14         reactivation of an inactive license; amending

15         ss. 403.061 and 403.1832, F.S.; conforming

16         cross references; amending s. 403.1835, F.S.;

17         providing a definition of "local governmental

18         agencies"; amending s. 403.804, F.S.; deleting

19         language to conform to the act; amending s.

20         403.852, F.S.; revising and reorganizing

21         definitions; redefining "noncommunity water

22         system," "nontransient noncommunity water

23         system," and "public water system"; defining

24         "transient noncommunity water system"; amending

25         s. 403.853, F.S.; requiring the department to

26         adopt primary and secondary drinking water

27         regulations for nontransient noncommunity water

28         systems and transient noncommunity water

29         systems; providing that certified operators are

30         not required for certain transient noncommunity

31         water systems; amending s. 403.8532, F.S.;

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  1         authorizing the department to make loans to

  2         nonprofit transient noncommunity water systems;

  3         amending s. 403.854, F.S.; requiring the

  4         department to waive on a case-by-case basis

  5         certain disinfection and operator requirements

  6         applicable to transient noncommunity water

  7         systems; amending s. 403.859, F.S.; providing

  8         that failure to comply with certain permit

  9         requirements is a violation, for which a

10         penalty is provided; amending s. 403.861, F.S.;

11         authorizing the department to issue permits for

12         altering or extending a public water system

13         based on specified criteria; requiring

14         department approval of record drawings prior to

15         operation of any new, altered, or extended

16         public water system; providing that periodic

17         operating reports and testing data submitted by

18         water suppliers may include raw water data for

19         certain purposes; amending s. 403.865, F.S.;

20         providing a legislative finding that water and

21         wastewater treatment plants and water

22         distribution systems must be operated by

23         qualified personnel; amending s. 403.866, F.S.;

24         redefining "operator" and "water distribution

25         system"; amending s. 403.867, F.S.; requiring

26         water distribution system operators to be

27         licensed; amending s. 403.871, F.S.; requiring

28         the department to establish certain fees

29         sufficient to cover the entire cost of

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

31         relating to water and wastewater operator

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

  2         requiring examination for licensure as a water

  3         distribution system operator; amending s.

  4         403.875, F.S.; prohibiting performing the

  5         duties or using the title of a water

  6         distribution system operator unless licensed;

  7         providing a penalty; amending s. 403.88, F.S.;

  8         requiring the department to classify water

  9         treatment plants and water distribution systems

10         by size, complexity, and level of treatment

11         necessary to render the source water suitable

12         for its intended purpose; requiring the

13         department to establish the levels of

14         certification and staffing requirements for

15         water treatment plant, water distribution

16         system, and wastewater treatment plant

17         operators; providing that a water treatment

18         plant operator's license is also valid as a

19         water distribution system license of the same

20         classification or lower; repealing s. 403.1821,

21         F.S., relating to short title of ss.

22         403.1821-403.1832, F.S., the "Florida Water

23         Pollution Control and Sewage Treatment Plant

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

25         relating to definitions; repealing s. 403.1823,

26         F.S., relating to rulemaking authority and

27         administration of funds; repealing s. 403.1826,

28         F.S., relating to grants and requirements for

29         eligibility; repealing s. 403.1829, F.S.,

30         relating to priorities for funding projects;

31         providing effective dates.

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

  2

  3         Section 1.  Subsection (5) of section 373.323, Florida

  4  Statutes, is amended to read:

  5         373.323  Licensure of water well contractors;

  6  application, qualifications, and examinations; equipment

  7  identification.--

  8         (5)  The water management district shall issue a water

  9  well contracting license to any applicant who receives a

10  passing grade on the examination, has paid the initial

11  application fee, completes a minimum of 12 hours of approved

12  coursework to the satisfaction of the department, and has

13  complied with the requirements of this section.  A passing

14  grade on the examination shall be as established by the

15  department by rule.  A license issued by any water management

16  district shall be valid in every water management district in

17  the state.

18         Section 2.  Effective October 1, 2001, subsection (10)

19  is added to section 373.323, Florida Statutes, to read:

20         373.323  Licensure of water well contractors;

21  application, qualifications, and examinations; equipment

22  identification.--

23         (10)  Water well contractors licensed under this

24  section may install, repair, and modify pumps and tanks in

25  accordance with the Florida Building Code, Plumbing; Section

26  612: Well Pumps and Tanks Used For Private Potable Water

27  Systems.  In addition, licensed water well contractors may

28  install pumps, tanks, and water conditioning equipment for all

29  water well systems.

30         Section 3.  Subsections (2) and (3) of section 373.324,

31  Florida Statutes, are amended to read:

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  1         373.324  License renewal.--

  2         (2)  The water management district shall renew a

  3  license upon receipt of the renewal application, proof of

  4  completion of 12 classroom hours of continuing education for

  5  each renewal cycle, and the renewal fee.

  6         (3)  The department shall adopt rules establishing a

  7  procedure for the biennial renewal of licenses, which shall be

  8  adopted by each water management district and shall include

  9  continuing education requirements of not less than 12

10  classroom hours for each renewal cycle.

11         Section 4.  Section 373.325, Florida Statutes, is

12  amended to read:

13         373.325  Inactive status.--A license which has become

14  inactive pursuant to s. 373.324 may be renewed or reactivated

15  upon application to the water management district, as follows:

16         (1)  A license which has been inactive for 1 year or

17  less after the end of the biennium prescribed by the

18  department may be renewed pursuant to s. 373.324 upon

19  application to the water management district, proof of

20  completion of 12 classroom hours of continuing education, if

21  applicable, and upon payment of the renewal and penalty fees

22  as provided in s. 373.329.  Such renewed license shall expire

23  2 years after the date the license automatically reverted to

24  inactive status.

25         (2)  A license which has been inactive for more than 1

26  year may be reactivated upon application to the water

27  management district for licensure and proof of completion of

28  12 classroom hours of continuing education, pursuant to the

29  requirements of s. 373.323.

30         Section 5.  Paragraph (a) of subsection (24) of section

31  403.061, Florida Statutes, is amended to read:

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  1         403.061  Department; powers and duties.--The department

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

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

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

  5         (24)(a)  Establish a permit system to provide for spoil

  6  site approval, as may be requested and required by local

  7  governmental agencies as defined in s. 403.1835(2)(a)

  8  403.1822(3), or mosquito control districts as defined in s.

  9  388.011(5), to facilitate these agencies in providing spoil

10  sites for the deposit of spoil from maintenance dredging of

11  navigation channels, port harbors, turning basins, and harbor

12  berths, as part of a federal project, when the agency is

13  acting as sponsor of a contemplated dredge and fill operation

14  involving an established navigation channel, harbor, turning

15  basin, or harbor berth.  A spoil site approval granted to the

16  agency shall be granted for a period of 10 to 25 years when

17  such site is not inconsistent with an adopted local

18  governmental comprehensive plan and the requirements of this

19  chapter.  The department shall periodically review each permit

20  to determine compliance with the terms and conditions of the

21  permit. Such review shall be conducted at least once every 10

22  years.

23         Section 6.  Subsection (1) of section 403.1832, Florida

24  Statutes, is amended to read:

25         403.1832  Department to accept federal aid; Grants and

26  Donations Trust Fund.--

27         (1)  The department is designated as the administrative

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

29  aid and to cooperate and enter into contracts and agreements

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

31  construction, operation, maintenance, and enforcement

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

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

  3  including solid waste management, hazardous waste management,

  4  and ecosystem management and restoration, or to any other

  5  related environmental purposes authorized by the Congress of

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

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

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

  9  obtain such aid from or cooperate with the United States

10  Government or any agency thereof. The department may consent

11  to enter into contracts and agreements and cooperate with any

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

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

14  of this section ss. 403.1821-403.1832.

15         Section 7.  Paragraph (a) of subsection (2) of section

16  403.1835, Florida Statutes, is amended to read:

17         403.1835  Water pollution control financial

18  assistance.--

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

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

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

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

23  acting jointly in connection with a project having

24  jurisdiction over collection, transmission, treatment, or

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

26  wastes and includes a district or authority the principal

27  responsibility of which is to provide airport, industrial or

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

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

30         Section 8.  Subsection (3) of section 403.804, Florida

31  Statutes, is amended to read:

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  1         403.804  Environmental Regulation Commission; powers

  2  and duties.--

  3         (3)  The commission shall establish priorities and have

  4  final state approval on applications for, and disbursements

  5  of, federal and state grants for the construction of

  6  wastewater or water treatment works.  In establishing

  7  priorities for state grants under this act, an application

  8  shall not receive a lower priority solely because the proposed

  9  project includes reserve capacity for which the incremental

10  costs will be paid by the applicant in accordance with s.

11  403.1826(6).

12         Section 9.  Section 403.852, Florida Statutes, is

13  amended to read:

14         403.852  Definitions; ss. 403.850-403.864.--As used in

15  ss. 403.850-403.864:

16         (1)(10)  "Administrator" means the administrator of the

17  United States Environmental Protection Agency.

18         (2)(3)  "Community water system" means a public water

19  system which serves at least 15 service connections used by

20  year-round residents or regularly serves at least 25

21  year-round residents.

22         (3)(9)  "Contaminant" means any physical, chemical,

23  biological, or radiological substance or matter in water.

24         (4)(1)  "Department" means the Department of

25  Environmental Protection, which is charged with the primary

26  responsibility for the administration and implementation of

27  the Florida Safe Drinking Water Act.

28         (5)(11)  "Federal act" means the Safe Drinking Water

29  Act, Pub. L. No. 93-523.

30         (6)(7)  "Federal agency" means any department, agency,

31  or instrumentality of the United States Government.

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  1         (7)(6)  "Municipality" means a city, town, or other

  2  public body created by or pursuant to state law or an Indian

  3  tribal organization authorized by law.

  4         (8)(14)  "National primary drinking water regulations"

  5  means primary drinking water regulations promulgated by the

  6  administrator pursuant to the federal act.

  7         (9)(15)  "National secondary drinking water

  8  regulations" means secondary drinking water regulations

  9  promulgated by the administrator pursuant to the federal act.

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

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

12  for human consumption, which serves at least 25 individuals

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

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

15  wilderness 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         (11)(17)  "Nontransient noncommunity water system"

20  means a noncommunity public water system that is not a

21  community water system and that regularly serves at least 25

22  of the same persons over 6 months per year.

23         (12)(5)  "Person" means an individual, public or

24  private corporation, company, association, partnership,

25  municipality, agency of the state, district, federal agency,

26  or any other legal entity, or its legal representative, agent,

27  or assigns.

28         (13)(12)  "Primary drinking water regulation" means a

29  rule which:

30         (a)  Applies to public water systems;

31

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  1         (b)  Specifies contaminants which, in the judgment of

  2  the department, after consultation with the Department of

  3  Health, may have an adverse effect on the health of the

  4  public;

  5         (c)  Specifies for each such contaminant either:

  6         1.  A maximum contaminant level if, in the judgment of

  7  the department, it is economically and technologically

  8  feasible to ascertain the level of such contaminant in water

  9  in public water systems; or

10         2.  Each treatment technique known to the department

11  which leads to a reduction in the level of the contaminant

12  sufficient to satisfy the requirements of s. 403.853 if, in

13  the judgment of the department, it is not economically or

14  technologically feasible to ascertain the level of such

15  contaminant; and

16         (d)  Contains criteria and procedures to assure a

17  supply of drinking water which dependably complies with such

18  maximum contaminant levels, including quality control and

19  testing procedures to assure compliance with such levels and

20  to ensure proper operation and maintenance of the system, and

21  which contains requirements as to:

22         1.  The minimum quality of water which may be taken

23  into the system; and

24         2.  Siting for new facilities for public water systems.

25         (14)(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         (15)(16)  "Sanitary survey" means an onsite review of

11  the water source, facilities, equipment, operation, and

12  maintenance of a public water system for the purpose of

13  evaluating the adequacy of such source, facilities, equipment,

14  operation, and maintenance for producing and distributing safe

15  drinking water.

16         (16)(13)  "Secondary drinking water regulation" means a

17  rule which:

18         (a)  Applies to public water systems; and

19         (b)  Specifies the maximum contaminant levels which, in

20  the judgment of the department after public hearings, are

21  requisite to protect the public welfare.  Such regulation may

22  apply to any contaminant in drinking water:

23         1.  Which may adversely affect the odor or appearance

24  of such water and consequently may cause a substantial number

25  of the persons served by the public water system providing

26  such water to discontinue its use; or

27         2.  Which may otherwise adversely affect the public

28  welfare.

29

30  Such regulations may vary according to geographic and other

31  circumstances.

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  1         (17)(8)  "Supplier of water" means any person who owns

  2  or operates a public water system.

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

  4  noncommunity water system that has at least 15 service

  5  connections or regularly serves at least 25 persons daily at

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

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

  8  per year.

  9         Section 10.  Subsections (1) and (6) of section

10  403.853, Florida Statutes, are amended to read:

11         403.853  Drinking water standards.--

12         (1)  The department shall adopt and enforce:

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

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

15  interim or revised national primary drinking water regulations

16  in effect at such time; and

17         2.  State secondary drinking water regulations

18  patterned after the national secondary drinking water

19  regulations.

20         (b)  Primary and secondary drinking water regulations

21  for nontransient noncommunity water systems and transient

22  noncommunity water systems, which shall be no more stringent

23  than the corresponding national primary or secondary drinking

24  water regulations in effect at such time, except that

25  nontransient, noncommunity systems shall monitor and comply

26  with additional primary drinking water regulations as

27  determined by the department.

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

29  transient noncommunity water system serving businesses, other

30  than restaurants or other public food service establishments,

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

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  1  or a local county health department designated by the

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

  3  Upon receipt of satisfactory survey results according to

  4  department criteria, the department shall reduce the

  5  requirements of such owner or operator from monitoring and

  6  reporting on a quarterly basis to performing these functions

  7  on an annual basis.  Any revised monitoring and reporting

  8  schedule approved by the department under this subsection

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

10  or federal primary drinking water standards is determined by

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

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

13  sanitary survey. Certified operators are not required for

14  transient noncommunity water systems of the type and size

15  covered by this subsection.  Any reports required of such

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

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

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

19  provisions of state drinking water regulations for such

20  systems.

21         Section 11.  Subsection (3) of section 403.8532,

22  Florida Statutes, is amended to read:

23         403.8532  Drinking water state revolving loan fund;

24  use; rules.--

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

26  community water systems, nonprofit transient noncommunity

27  water systems, and nonprofit nontransient noncommunity water

28  systems to assist them in planning, designing, and

29  constructing public water systems, unless such public water

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

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

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

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

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

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

  5  loan only if the proposed project will result in the

  6  consolidation of two or more public water systems. The

  7  department is authorized to provide loan guarantees, to

  8  purchase loan insurance, and to refinance local debt through

  9  the issue of new loans for projects approved by the

10  department. Public water systems are authorized to borrow

11  funds made available pursuant to this section and may pledge

12  any revenues or other adequate security available to them to

13  repay any funds borrowed. The department shall administer

14  loans so that amounts credited to the Drinking Water Revolving

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

16  following purposes:

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

18  water systems.

19         (b)  Up to 15 percent to qualifying financially

20  disadvantaged communities.

21

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

23  for which funds are reserved under paragraphs (a) and (b) this

24  paragraph have been submitted to the department at the time

25  the funding priority list authorized under this section is

26  adopted, the reservation of these funds shall no longer apply.

27  The department may award the unreserved funds as otherwise

28  provided in this section.

29         Section 12.  Subsections (4), (5), and (8) of section

30  403.854, Florida Statutes, are amended to read:

31         403.854  Variances, exemptions, and waivers.--

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

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

  3  chlorination requirement applicable to transient noncommunity

  4  water systems using groundwater as a source of supply upon an

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

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

  7  following:

  8         1.  The completion of a satisfactory sanitary survey;

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

10  system and monthly monitoring tests for bacteriological

11  contamination;

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

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

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

15  of water supplied; and

16         4.  The number of connections and size of the

17  distribution system.

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

19  require a monitoring program of sufficient frequency to assure

20  that safe drinking water standards are being met.

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

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

23  a certified operator for a transient nontransient noncommunity

24  or noncommunity water system using groundwater as a source of

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

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

27  the system can be properly maintained without a certified

28  operator. The department shall consider:

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

30  necessary;

31

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

  2  preceding an application for waiver;

  3         (c)  The adequacy of monitoring procedures for maximum

  4  contaminant levels included in primary drinking water

  5  regulations;

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

  7  a certified operator; and

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

  9  nonattendance of the system by a certified operator.

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

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

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

13  drinking water from any transient noncommunity water system

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

15         Section 13.  Subsection (6) of section 403.859, Florida

16  Statutes, is amended to read:

17         403.859  Prohibited acts.--The following acts and the

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

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

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

21  approved plans and specifications or condition to the approval

22  of plans and specifications issued by the department pursuant

23  to this act.

24         Section 14.  Subsections (7), (10), and (17) of section

25  403.861, Florida Statutes, are amended to read:

26         403.861  Department; powers and duties.--The department

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

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

29         (7)  Issue permits for constructing, altering,

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

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

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

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

  3  a preliminary design report or review of plans and

  4  specifications, and a completed permit application form, and

  5  other required information as set forth in department rule.

  6         (10)  Require department or county health department

  7  Review and approve record drawings approval of complete plans

  8  and specifications prior to allowing the installation,

  9  operation, alteration, or extension of any new, altered, or

10  extended public water system for which a valid permit has been

11  issued under subsection (7).

12         (17)  Require suppliers of water to submit periodic

13  operating reports and testing data which the department

14  determines are reasonably necessary to ascertain the adequacy

15  of water supply systems. The operating reports and testing

16  data may include raw water data to determine whether

17  additional treatment will be required to ensure that water at

18  the consumer's tap meets applicable drinking water standards

19  and action levels.

20         Section 15.  Section 403.865, Florida Statutes, is

21  amended to read:

22         403.865  Water and wastewater facility personnel;

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

24  the public health and the environment from the operation of

25  water and wastewater treatment plants and water distribution

26  systems mandates that qualified personnel operate these

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

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

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

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

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  1         Section 16.  Subsections (3) and (5) of section

  2  403.866, Florida Statutes, are amended to read:

  3         403.866  Definitions; ss. 403.865-403.876.--As used in

  4  ss. 403.865-403.876, the term:

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

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

  7  and maintenance of a water treatment plant, water distribution

  8  system, or domestic wastewater treatment plant and includes

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

10  during any part of the day.

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

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

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

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

15  pumping stations, and all other constructed conveyances

16  structures, devices, appurtenances, and facilities used

17  specifically for such purpose.

18         Section 17.  Section 403.867, Florida Statutes, is

19  amended to read:

20         403.867  License required.--A person may not perform

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

22  distribution system, or a domestic wastewater treatment plant

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

24  the department.

25         Section 18.  Section 403.871, Florida Statutes, is

26  amended to read:

27         403.871  Fees.--The department shall, by rule,

28  establish fees to be paid by persons seeking licensure or

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

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

31  to, the costs associated with for application review and

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  1  examination, reexamination, licensing and renewal, renewal of

  2  an inactive license, reactivation of an inactive license,

  3  recordmaking, and recordkeeping, and the costs of ensuring

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

  5  application and license renewal shall be nonrefundable. The

  6  department shall establish fees adequate to administer and

  7  implement ss. 403.865-403.876.

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

  9  refundable.

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

11  refundable.

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

13  deposited into the Water Quality Assurance Trust Fund.  The

14  fees shall be used exclusively to implement the provisions of

15  ss. 403.865-403.876.

16         Section 19.  Subsections (1) and (3) of section

17  403.872, Florida Statutes, are amended to read:

18         403.872  Requirements for licensure.--

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

20  treatment plant operator, a water distribution system

21  operator, or a domestic wastewater treatment plant operator

22  must apply to the department to take the licensure

23  examination.

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

25  applicant who has passed the examination and meets the other

26  criteria established under this section.

27         Section 20.  Paragraphs (a), (b), and (f) of subsection

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

29         403.875  Prohibitions; penalties.--

30         (1)  A person may not:

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

  2  treatment plant, water distribution system, or domestic

  3  wastewater treatment plant unless he or she is licensed under

  4  ss. 403.865-403.876.

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

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

  7  wastewater treatment plant operator," or any other words,

  8  letters, abbreviations, or insignia indicating or implying

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

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

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

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

13  an operator of a water treatment or domestic wastewater

14  treatment plant or a water distribution system.

15         (2)  Any person who violates any provision of this

16  section commits a misdemeanor of the first degree, punishable

17  as provided in s. 775.082 or s. 775.083.

18         Section 21.  Section 403.88, Florida Statutes, is

19  amended to read:

20         403.88  Classification of water and wastewater

21  treatment facilities and facility operators.--

22         (1)  The department shall classify water treatment

23  plants, and wastewater treatment plants, and water

24  distribution systems by size, complexity, and level of

25  treatment necessary to render the wastewater or source water

26  suitable for its intended purpose in compliance with this

27  chapter and department rules.

28         (2)  The department shall establish the levels of

29  certification and the staffing requirements for water

30  treatment plant, water distribution system, and wastewater

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  1  treatment plant operators certified under ss. 403.865-403.876

  2  necessary to carry out subsection (1).

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

  4  valid as a water distribution system license of the same

  5  classification or lower.

  6         (4)(3)  The department shall adopt rules necessary to

  7  carry out this section.

  8         Section 22.  Sections 403.1821, 403.1822, 403.1823,

  9  403.1826, and 403.1829, Florida Statutes, are repealed.

10         Section 23.  Except as otherwise provided herein, this

11  act shall take effect July 1, 2001.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Provides education and continuing education requirements
16    for well water contractor licensure and license renewal
      and reactivation. Specifies conditions under which such
17    contractors may install, repair, or modify pumps, tanks,
      and water conditioning equipment. Redefines "noncommunity
18    water system," "nontransient noncommunity water system,"
      and "public water system," defines "transient
19    noncommunity water system," and revises various
      provisions relating to regulation of such systems, and
20    certification of operators thereof, by the Department of
      Environmental Protection. Authorizes permits for altering
21    or extending a public water system, based on specified
      criteria, and provides a penalty for failure to comply
22    with certain permit requirements. Revises provisions
      regulating water and wastewater treatment plants and
23    includes requirements relating to regulation of water
      distribution systems and operators thereof. Provides for
24    department fees sufficient to cover the costs of
      administration. Provides for classification of water
25    treatment plants and distribution systems and for levels
      of certification and staffing requirements. Repeals
26    provisions of the "Florida Water Pollution Control and
      Sewage Treatment Plant Grant Act." See bill for details.
27

28

29

30

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