House Bill hb0583

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    Florida House of Representatives - 2002                 HB 583

        By Representative Greenstein






  1                      A bill to be entitled

  2         An act relating to aquifer storage and

  3         recovery; creating s. 403.065, F.S.; providing

  4         legislative findings and intent; authorizing

  5         specified demonstration projects; providing for

  6         permitting by the Department of Environmental

  7         Protection; providing for protection of

  8         drinking water sources; providing for a zone of

  9         discharge surrounding aquifer storage and

10         recovery wells, and providing requirements and

11         restrictions; requiring written notice to

12         landowners whose properties overlie the zone of

13         discharge of a proposed aquifer storage and

14         recovery project; providing for revocation of

15         the zone of discharge and withdrawal of

16         injected water, under specified conditions;

17         providing site monitoring requirements,

18         including monitor wells and monitoring

19         parameters; providing for compliance with

20         drinking water standards; providing for a

21         technical advisory committee, and providing

22         membership and duties; requiring reports to the

23         Governor and Legislature; authorizing the

24         department to adopt rules for statewide

25         implementation of aquifer storage and recovery

26         projects, under certain conditions; providing

27         an appropriation; providing an effective date.

28

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

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  1         Section 1.  Section 403.065, Florida Statutes, is

  2  created to read:

  3         403.065  Research and development of alternative water

  4  supplies.--

  5         (1)(a)  The Legislature finds that aquifer storage and

  6  recovery projects provide a critical mechanism to further the

  7  legislative intent expressed in s. 373.1502(2) with respect to

  8  the Comprehensive Everglades Restoration Plan and to advance

  9  efficient, cost-effective water supply and water resource

10  development throughout Florida.

11         (b)  Aquifer storage and recovery projects using

12  partially treated surface and ground water are proposed in the

13  South Florida Water Management District, the Southwest Florida

14  Water Management District, and the St. Johns River Water

15  Management District. These projects could add billions of

16  gallons of potable water that are currently unavailable and

17  thus provide relief to existing and traditional sources of

18  water.

19         (c)  The Legislature finds that aquifer storage and

20  recovery has proven to be a safe and effective technology for

21  storing treated drinking water.

22         (d)  The Legislature declares that it is in the public

23  interest to evaluate the storage and recovery of untreated or

24  partially treated surface and ground water through the use of

25  aquifer storage and recovery wells.

26         (e)  Questions have been raised regarding the public

27  health implications of providing relief from primary drinking

28  water standards for sodium and total coliform. Most surface

29  waters do not meet primary drinking water standards for total

30  coliform, and the interaction of microorganisms in the aquifer

31  has undergone and continues to undergo study and evaluation.

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  1         (f)  Additional research and development on

  2  microbiological contaminants should be conducted on a limited

  3  and prescribed basis before enacting statewide and general

  4  authorization for injection and storage of partially treated

  5  surface and groundwater. Unless coliform die-off can be

  6  demonstrated in varying salinities and aquifer conditions, the

  7  use of raw water aquifer storage and recovery must be

  8  restricted.

  9         (2)  It is the intent of the Legislature that,

10  initially, a limited number of aquifer storage and recovery

11  projects be implemented to demonstrate whether microbiological

12  contaminants in stored source water experience die-off under

13  carefully restricted circumstances that ensure protection of

14  the public health, safety, and welfare. The Legislature

15  authorizes implementation of the following demonstration

16  projects under the conditions set forth in this section:

17         (a)  The aquifer storage and recovery pilot projects

18  authorized by the Congress of the United States in Pub. L. No.

19  106-541 or Pub. L. No. 106-53.

20         (b)  No more than six additional projects not to exceed

21  three projects in the Southwest Florida and St. Johns River

22  Water Management Districts. These projects may be proposed by

23  local governments, regional water supply authorities, or the

24  applicable water management district. The department, based on

25  the plan of study, the research value, and the relative risk

26  associated with the project, may determine whether it is

27  appropriate for evaluating the safe and effective use of

28  aquifer storage and recovery wells to store untreated or

29  partially treated surface water or ground water pursuant to

30  this section.

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  1         (3)  The storage of water in aquifer storage and

  2  recovery wells shall not endanger drinking water sources, as

  3  established in the federal Safe Drinking Water Act, 42 U.S.C.,

  4  s. 300h., and the regulations promulgated thereunder.

  5         (4)  Aquifer storage and recovery wells shall be

  6  classified and permitted according to department rules,

  7  consistent with the federal Safe Drinking Water Act. They

  8  shall be constructed to prevent violation of state groundwater

  9  quality standards at the point of discharge, except as

10  specifically provided in this section.

11         (5)  For the demonstration projects identified in

12  subsection (2), the department may authorize a zone of

13  discharge for the storage of surface water or ground water.

14  The department shall not authorize a zone of discharge for the

15  storage of wastewater or for stormwater-only discharges.

16         (6)  For purposes of this section, "zone of discharge"

17  means a defined volume surrounding an aquifer storage and

18  recovery well and extending from the base to the top of a

19  specifically designated aquifer, aquifers, or portion of an

20  aquifer within which an opportunity for compliance with

21  specified water quality standards is afforded.

22         (7)  The department may authorize a zone of discharge

23  for total coliform bacteria and other microbiological

24  contaminants only if the applicant for an underground

25  injection control permit demonstrates prior to injection of

26  source water:

27         (a)  That the native groundwater within the proposed

28  zone of discharge contains no less than 800 milligrams per

29  liter total dissolved solids.

30         (b)  That the injection well is no less than 800 feet

31  below the surface.

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  1         (c)  That the zone of discharge does not intersect or

  2  include any part of a 500-foot radius surrounding any well

  3  that uses the injection zone to supply drinking water.

  4         (d)  That the presence of the stored water will not

  5  cause any person other than the permit applicant to treat

  6  water withdrawn from the aquifer in any way that would not

  7  have been required in the absence of the aquifer storage and

  8  recovery well.

  9         (e)  Based on hydrogeological conditions, the vertical

10  and lateral limits of the zone of discharge by providing the

11  department with calculations or the results of modeling that

12  include, but are not limited to, reasonable assumptions about

13  the expected volume of water to be stored and recovered and

14  reasonable assumptions regarding aquifer thickness and

15  porosity. The department shall specify the vertical and

16  lateral limits of the approved zone of discharge in the

17  underground injection control permit for the aquifer storage

18  and recovery well.

19         (f)  A full characterization of the source water to be

20  stored to identify microbiological contaminants that are

21  present to ensure that monitoring can reliably detect them at

22  levels of concern.

23         (g)  That total coliform bacteria is the only primary

24  drinking water standard that will not be met prior to

25  injection, unless the applicant has obtained an exemption from

26  the water quality criterion for sodium under this chapter.

27         (h)  Directly, or through the use of indicator

28  organisms approved by the department, that microbiological

29  contaminants will experience die-off such that primary

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

31  of discharge so as not to pose an adverse risk to human

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  1  health, including compliance with the maximum contaminant

  2  level for total coliform bacteria.

  3         (i)  That compliance with all primary drinking

  4  standards will be achieved at the edge of the zone of

  5  discharge.

  6         (j)  That no person, other than the permit applicant,

  7  may in the future withdraw water from the zone of discharge

  8  for use as a public or private drinking water supply because

  9  of legal prohibitions imposed by a water management district,

10  state agency, local government, or other governmental entity

11  having jurisdiction over water supply or well construction.

12         (k)  That written notice, including specific

13  information about the proposed aquifer storage and recovery

14  project, has been provided to each landowner whose property

15  overlies the zone of discharge.

16         (l)  The specific environmental benefits to be derived

17  from the storage, recovery, and future use of the injected

18  water and that the use of the recovered water is consistent

19  with its intended primary purpose.

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21  The department shall revoke the zone of discharge and require

22  the withdrawal of all injected water upon a demonstration by

23  any party that the legal restrictions required under paragraph

24  (j) are no longer in effect.

25         (8)  A zone of discharge shall not be authorized under

26  this section for any primary drinking water standard, except

27  total coliform bacteria, or for any contaminant which cannot

28  be demonstrated to experience die-off pursuant to subsection

29  (7).

30         (9)(a)  The department shall require from the permit

31  applicant a site-specific monitoring plan that specifies the

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  1  number and location of monitor wells, monitoring parameters,

  2  and frequency of monitoring adequate to make the demonstration

  3  required in subsection (10). In no event shall the department

  4  authorize less than three monitoring locations, including

  5  wells in the underlying and overlying aquifers below and above

  6  the confining layers which encase the zone of discharge. A

  7  minimum of three wells shall be located in the zone of

  8  discharge.

  9         (b)  Monitor wells shall be sampled at least monthly

10  for the parameters specified in the permit for the aquifer

11  storage and recovery well. Continuous monitoring sampled at

12  least daily for total coliforms shall be required.

13         (c)  If drinking water supply wells are present in the

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

15  discharge, additional monitor wells may be required to detect

16  the possible movement of injected fluids in the direction of

17  the drinking water wells.

18         (d)  The department may require more frequent

19  monitoring and may modify the monitoring requirements if

20  necessary to provide reasonable assurance that underground

21  sources of drinking water are adequately protected.

22         (10)  After an aquifer storage and recovery well with

23  an approved zone of discharge is in operation, groundwater

24  monitoring must demonstrate that: microbiological die-off is

25  occurring within the authorized zone of discharge for total

26  coliform bacteria or other microbiological contaminants

27  measured on a daily, weekly, and monthly basis and reported in

28  the number of organisms per 100 milliliters of water; no

29  exceedances of the primary drinking water standards have

30  occurred outside the zone of discharge; and there is no

31  adverse risk to human health from the injection activity. If

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  1  the permittee fails to make this demonstration, the department

  2  shall require immediate cessation of injection, partial and

  3  full recovery of all injected water, remediation, or other

  4  actions to ensure compliance with drinking water standards at

  5  the edge of the zone of discharge and to protect public

  6  health.

  7         (11)  Nothing in this section shall be construed to

  8  invalidate any existing department authority relating to

  9  aquifer exemptions or water quality criteria exemptions for

10  any primary or secondary drinking water standard.

11         (12)  The department shall establish a technical

12  advisory committee to review data from the demonstration

13  projects authorized under this section and to assist in the

14  preparation of reports required under subsection (13) and

15  rulemaking authorized under subsection (14). The committee may

16  include, but is not limited to, one representative each from

17  the Florida Department of Health, the United States Geological

18  Survey, the United States Environmental Protection Agency, an

19  environmental organization, the Florida League of Cities, the

20  Florida Association of Counties, and the American Water Works

21  Association; at least one representative from the water

22  management districts; and other experts in the fields of

23  microbiology, epidemiology, engineering, and hydrogeology.

24         (13)(a)  By January 31, 2004, the department shall

25  provide a report to the Governor, President of the Senate,

26  Speaker of the House of Representatives, chair of the Senate

27  Committee on Natural Resources and Conservation, and chair of

28  the House Committee on Natural Resources on the demonstration

29  projects implemented under this section, including the results

30  of laboratory and field tests, research, data collection and

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  1  analysis, water quality characterizations and monitoring, and

  2  other activities.

  3         (b)  By January 31, 2006, the department shall provide

  4  a report to the Governor, President of the Senate, Speaker of

  5  the House of Representatives, chair of the Senate Committee on

  6  Natural Resources and Conservation, and chair of the House

  7  Committee on Natural Resources, evaluating whether similar

  8  aquifer storage and recovery projects elsewhere in the state

  9  can be implemented in a manner that protects the public

10  health, safety and welfare when properly sited, constructed,

11  operated, and monitored.

12         (14)  Upon submission of the report required under

13  paragraph (13)(b), and consistent with the information

14  contained in that report, the department is authorized to

15  undertake rulemaking to implement the provisions of

16  subsections (3)-(11) on a statewide basis. Such rules shall

17  reflect the requirements of this section to ensure that

18  aquifer storage and recovery projects are authorized only

19  under circumstances and conditions that protect the public

20  health, safety, and welfare.

21         Section 2.  There is hereby appropriated from the

22  ________ Trust Fund to the Department of Environmental

23  Protection for fiscal year 2002-2003 the sum of $1 million to

24  pay for monitoring, data collection, research, and other

25  activities necessary to carry out the provisions of s.

26  403.065, Florida Statutes.

27         Section 3.  This act shall take effect July 1, 2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides legislative findings and intent regarding the
  4    use of aquifer storage and recovery to augment
      traditional water supplies. Provides for implementation
  5    of certain federally authorized pilot projects and a
      limited number of additional demonstration projects using
  6    aquifer storage and recovery wells. Provides for
      permitting by the Department of Environmental Protection.
  7    Provides for authorization of a zone of discharge for the
      demonstration projects, and provides requirements and
  8    restrictions designed to protect water quality. Requires
      that written notice regarding a proposed aquifer storage
  9    and recovery project be provided to landowners of
      property overlying a zone of discharge. Specifies
10    conditions for department revocation of a zone of
      discharge and withdrawal of injected water. Specifies
11    requirements for site monitoring, including monitor wells
      and monitoring parameters. Provides for establishment of
12    a technical advisory committee to review demonstration
      project data and assist with department reports and
13    rulemaking. Requires submission to the Governor and
      Legislature, in January of 2004 and 2006, of reports
14    evaluating the demonstration projects. Specifies
      conditions under which the department may adopt rules to
15    implement statewide aquifer storage and recovery
      projects. Provides an appropriation.
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