SENATE AMENDMENT
    Bill No. SB 854, 1st Eng.
    Amendment No. ___   Barcode 794838
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11  Senator Brown-Waite moved the following amendment to amendment
12  (470591):
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14         Senate Amendment (with title amendment) 
15         On page 1, line 22,
16  
17  insert:  
18         (16)  This section applies only to aquifer storage and
19  recovery pilot projects established by the Comprehensive
20  Everglades Restoration Plan, namely, the Caloosahatchee River
21  Basin Aquifer Storage and Recovery Pilot Project, the Lake
22  Okeechobee Aquifer Storage and Recovery Pilot Project, and the
23  Western Hillsborough Aquifer Storage and Recovery Pilot
24  Project. Collectively, these pilot projects constitute the
25  Aquifer Storage and Recovery Demonstration Project.
26         (17)  Surface water and ground water that contains more
27  than 4 total coliforms per 100 milliliters and more than 160
28  milligrams per liter (mg/L) of sodium may be injected into any
29  aquifer storage and recovery well that is included in the
30  demonstration project, provided that the applicant for the
31  well affirmatively demonstrates that:
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SENATE AMENDMENT Bill No. SB 854, 1st Eng. Amendment No. ___ Barcode 794838 1 (a) The native ground water that would be displaced by 2 the storage zone of injected water does not currently serve as 3 a source of drinking water and is not used for any domestic 4 purpose; 5 (b) The total dissolved solids content of the native 6 ground water is more than 3,000 mg/L, and it is not reasonably 7 expected to become a supply of drinking water; 8 (c) Compliance with secondary drinking water standards 9 and primary drinking water standards for sodium and total 10 coliform is unnecessary for the protection of present and 11 future potable water supplies and the environment; 12 (d) Testing and operation of the aquifer storage and 13 recovery well will not interfere with existing uses or the 14 designated use of the native ground water or of contiguous 15 water, including, but not limited to, Lake Okeechobee; 16 (e) Testing and operation of the aquifer storage and 17 recovery well will not present a danger to the public health, 18 safety, or welfare; 19 (f) An adequate monitoring program approved by the 20 department is established to ascertain the location and 21 approximate dimensions of the storage zone for the injected 22 water in order to detect within 48 hours any fluid movement 23 and leakage of contaminants outside the storage zone and into 24 other aquifers or surface waters; 25 (g) An adequate detection program approved by the 26 Department of Health is established to ascertain the presence 27 of microbial contaminants, including bacteria, viruses, and 28 protozoa, in the injected water both before and after 29 injection; and 30 (h) There are no faults, fractures, fissures, or 31 solution channels that would allow the unpredictable movement 2 11:39 AM 04/25/01 s0854c-10m0c
SENATE AMENDMENT Bill No. SB 854, 1st Eng. Amendment No. ___ Barcode 794838 1 of injected water outside the storage zone. 2 (18) In conjunction with the Aquifer Storage and 3 Recovery Demonstration Project and in consultation with the 4 Department of Health, the department shall: 5 (a) Develop and complete studies that will determine 6 whether biological contaminants, including viruses, protozoa, 7 and bacteria, will experience "die-off" and the conditions 8 required for complete "die-off"; 9 (b) Develop and complete studies that will determine 10 the percentage of recovery of injected water and the 11 conditions required for maximum recovery; 12 (c) Develop and complete studies that will determine 13 the presence of chemical contaminants in the injected 14 wastewater, not limited to those for which primary drinking 15 water standards have been established; and 16 (d) Demonstrate that the aggregate hydraulic effects 17 of the pilot projects on the existing Upper Floridan aquifer 18 flow system will not adversely affect three-dimensional 19 geometry and continuity of hydrostratigraphic units, propagate 20 rock fracturing, change patterns of groundwater movement, or 21 affect existing aquifer storage and recovery wells, supply 22 wells, or Class I underground injection wells. 23 (19) In order to facilitate the utility of the Aquifer 24 Storage and Recovery Demonstration Project and fully address 25 environmental and public health issues associated with the 26 storage and recovery of surface water and ground water through 27 the use of aquifer storage and recovery wells, the Legislature 28 creates the Aquifer Storage and Recovery Demonstration Project 29 Oversight Committee. 30 (a) The committee shall consist of 13 members, 31 including: 3 11:39 AM 04/25/01 s0854c-10m0c
SENATE AMENDMENT Bill No. SB 854, 1st Eng. Amendment No. ___ Barcode 794838 1 1. The Secretary of Health or his or her designee; 2 2. The Secretary of Environmental Protection or his or 3 her designee; 4 3. One representative of the Florida Geologic Survey; 5 4. One member of the Board of Directors of the 6 Southwest Florida Water Management District; 7 5. One member of the Board of Directors of the South 8 Florida Water Management District; 9 6. One microbiologist from the University of South 10 Florida Department of Marine Sciences who specializes in water 11 pollution microbiology; 12 7. One physician who is certified in the specialty of 13 Public Health and General Preventative Medicine by the 14 American Board of Preventive Medicine or who has a master's of 15 public health degree, with specialization in environmental 16 health sciences; 17 8. One representative of a local or regional water 18 utility; 19 10. Two representatives of public interest 20 environmental organizations, with at least one of those 21 organizations being one that focuses primarily on the effects 22 of pollution upon human health; and 23 11. Two representatives of community-based 24 organizations the members of which may be affected by aquifer 25 storage and recovery operations. 26 (b) The Governor shall make the appointments described 27 in paragraph (a) after soliciting input from the President of 28 the Senate and the Speaker of the House of Representatives, 29 and the members of the committee shall be appointed by July 30 30, 2001. The commission shall meet initially to review the 31 permit applications for the aquifer storage and recovery 4 11:39 AM 04/25/01 s0854c-10m0c
SENATE AMENDMENT Bill No. SB 854, 1st Eng. Amendment No. ___ Barcode 794838 1 demonstration projects and subsequently to review the draft 2 and final permits, and shall meet periodically thereafter to 3 review data and information submitted to or collected by the 4 department. The committee shall issue a written report at the 5 conclusion of its review of the draft permit, at the notice of 6 issuance of draft permits and final permits, and semiannually 7 thereafter until the demonstration project has been completed. 8 (c) The committee members shall serve without 9 compensation, but shall be reimbursed for per diem and travel 10 expenses pursuant to s. 112.061. The committee shall encourage 11 private contributions, which must be used to assist low-income 12 individuals and people of color to participate in the 13 hearings. 14 (d) The committee shall conduct a scientific analysis 15 and submit to the Governor, the President of the Senate, and 16 the Speaker of the House of Representatives, at the completion 17 of the demonstration projects, a written report that must 18 include, but need not be limited to: 19 1. A review of existing data on bacterial, 20 geochemical, and physical processes that occur when surface 21 water and ground water interact with native ground water, with 22 particular focus on the fate of biological and viral 23 contaminants and pathogens; 24 2. A review of scientific methods used to detect 25 biological contaminants, including viruses, protozoa, and 26 bacteria; 27 3. A review of treatment technology alternatives 28 including filtration, ultraviolet disinfection, ozonation, and 29 other methods to remove biological and chemical contaminants 30 from source waters; 31 4. A review of existing data on the regional 5 11:39 AM 04/25/01 s0854c-10m0c
SENATE AMENDMENT Bill No. SB 854, 1st Eng. Amendment No. ___ Barcode 794838 1 hydrogeology of the Upper Floridan aquifer; 2 5. A review of current and projected water 3 withdrawals, drinking water needs, and wastewater discharge in 4 this state; 5 6. A review of approaches that should be taken to 6 ensure that the fate of source water injected through aquifer 7 storage and recovery wells will be adequately monitored; 8 7. A review of the economic and health effects of 9 public water supply system failures and a review of the 10 effects of imposing and not imposing treatment requirements on 11 aquifer storage and recovery wells; and 12 8. Recommendations on measures that can be taken to 13 prevent contamination of underground sources of drinking water 14 from biological and chemical contaminants, reduce the 15 incidence of waterborne diseases, and meet the current and 16 future drinking water needs of this state. 17 (e) Following completion of the preliminary report 18 provided for in paragraph (d), the committee shall conduct at 19 least three public hearings, and may meet more frequently upon 20 the vote of the majority of the committee. The committee shall 21 determine the location of the hearings in a manner that allows 22 for participation by residents of the state who are 23 potentially affected by the demonstration projects. The final 24 report must reflect consideration of the comments presented at 25 the public hearings. 26 (f) For administrative purposes only, the committee is 27 assigned to the Department of Environmental Protection, which 28 must provide assistance when requested by the committee. 29 However, in the performance of its powers and duties, the 30 committee is not subject to control, supervision, or direction 31 by the Department of Environmental Protection. 6 11:39 AM 04/25/01 s0854c-10m0c
SENATE AMENDMENT Bill No. SB 854, 1st Eng. Amendment No. ___ Barcode 794838 1 (g) The committee shall have access to all 2 confidential and nonexempt records, files, and reports from 3 any program, service, or facility that is operated, funded, or 4 regulated by either the Department of Environmental 5 Protection, the Department of Health, the Southwest Florida 6 Water Management District, or the South Florida Water 7 Management District which are material to its monitoring 8 duties and are in its custody. The committee may conduct 9 onsite inspections. The committee's review may not impede or 10 obstruct matters under investigation by departmental, 11 district, law enforcement, or judicial authorities. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, line 29, after the semicolon, 17 18 insert: 19 providing for the Aquifer Storage and Recovery 20 Demonstration Project; providing standards for 21 injected water; creating the Aquifer Storage 22 and Recovery Demonstration Project Oversight 23 Committee; providing for committee membership, 24 reimbursement, and duties; providing for a 25 report to the Governor and the Legislature; 26 providing for committee access to specified 27 documents; 28 29 30 31 7 11:39 AM 04/25/01 s0854c-10m0c