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A bill to be entitled

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An act relating to wastewater disposal; amending s.

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373.0361, F.S., relating to regional water supply

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planning; requiring the South Florida Water Management

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District to include water supply development projects that

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promote the elimination of ocean outfalls in its regional

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water supply plan; amending s. 373.0831, F.S., relating to

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water resource and supply development; providing for

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projects that implement reuse as a means of eliminating

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ocean outfalls to receive priority funding consideration;

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amending s. 373.1961, F.S., relating to funding for water

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supply projects; providing priority funding for projects

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that implement reuse that assists with the elimination of

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ocean outfalls; amending s. 373.250, F.S., relating to the

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reuse of reclaimed water; directing the South Florida

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Water Management District to require the use of reclaimed

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water made available through the elimination of ocean

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outfalls under certain conditions; amending s. 403.085,

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F.S., relating to waste water treatment; prohibiting the

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construction of new ocean outfalls; prohibiting the use of

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ocean outfalls as a method of sanitary sewage disposal;

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amending s. 403.086, F.S., relating the treatment of

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wastewater; providing legislative intent; prohibiting the

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new construction of an expanded discharge to ocean

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outfalls; requiring that domestic wastewater discharges to

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ocean outfalls meet advanced wastewater treatment and

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management requirements by a date certain; providing an

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exemption from meeting advanced wastewater treatment and

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management requirements under specific conditions;

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providing wastewater reuse requirements for facilities

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that discharge through ocean outfalls by a date certain;

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providing prohibitions for the discharge of domestic

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wastewater through ocean outfalls under specific

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conditions by a date certain; providing reporting

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requirements for permitted ocean outfall facilities;

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providing reporting requirements for the Department of

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Environmental Protection; providing a compliance schedule

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for facilities discharging through ocean outfalls;

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amending s. 403.1835, F.S., relating to water pollution

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control financial assistance; providing for the inclusion

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of domestic wastewater ocean outfalls in laws requiring

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the elimination of discharges to specific water bodies;

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providing an effective date.

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

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     Section 1.  Present subsections (4) through (8) of section

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373.0361, Florida Statutes, are renumbered as subsections (5)

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through (9), respectively, and a new subsection (4) is added to

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that section, to read:

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     373.0361  Regional water supply planning.--

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     (4) The South Florida Water Management District shall

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include in its regional water supply plan water resource and

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water supply development projects that promote the elimination of

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wastewater ocean outfalls as provided in s. 403.086(9).

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     Section 2.  Subsection (4) of section 373.0831, Florida

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Statutes, is amended to read:

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     373.0831  Water resource development; water supply

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development.--

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     (4)(a)  Water supply development projects which are

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consistent with the relevant regional water supply plans and

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which meet one or more of the following criteria shall receive

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priority consideration for state or water management district

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funding assistance:

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     1.  The project supports establishment of a dependable,

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sustainable supply of water which is not otherwise financially

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feasible;

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     2.  The project provides substantial environmental benefits

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by preventing or limiting adverse water resource impacts, but

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requires funding assistance to be economically competitive with

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other options; or

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     3.  The project significantly implements reuse, storage,

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recharge, or conservation of water in a manner that contributes

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to the sustainability of regional water sources.

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     (b) Water supply development projects that which meet the

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criteria in paragraph (a) and that meet one or more of the

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following additional criteria also bring about replacement of

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existing sources in order to help implement a minimum flow or

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level shall be given first consideration for state or water

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management district funding assistance:.

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     1. The project brings about replacement of existing sources

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in order to help implement a minimum flow or level; or

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     2. The project implements reuse that assists in the

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elimination of domestic wastewater ocean outfalls as provided in

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s. 403.086(9).

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     Section 3.  Paragraph (f) of subsection (3) of section

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373.1961, Florida Statutes, is amended to read:

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     373.1961  Water production; general powers and duties;

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identification of needs; funding criteria; economic incentives;

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reuse funding.--

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     (3)  FUNDING.--

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     (f)  The governing boards shall determine those projects

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that will be selected for financial assistance. The governing

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boards may establish factors to determine project funding;

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however, significant weight shall be given to the following

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factors:

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     1.  Whether the project provides substantial environmental

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benefits by preventing or limiting adverse water resource

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impacts.

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     2.  Whether the project reduces competition for water

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supplies.

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     3.  Whether the project brings about replacement of

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traditional sources in order to help implement a minimum flow or

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level or a reservation.

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     4.  Whether the project will be implemented by a consumptive

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use permittee that has achieved the targets contained in a goal-

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based water conservation program approved pursuant to s. 373.227.

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     5.  The quantity of water supplied by the project as

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compared to its cost.

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     6.  Projects in which the construction and delivery to end

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users of reuse water is a major component.

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     7.  Whether the project will be implemented by a

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multijurisdictional water supply entity or regional water supply

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authority.

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     8. Whether the project implements reuse that assists in the

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elimination of domestic wastewater ocean outfalls as provided in

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s. 403.086(9).

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     Section 4.  Subsection (2) of section 373.250, Florida

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Statutes, is amended to read:

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     373.250  Reuse of reclaimed water.--

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     (2)(a)  For purposes of this section, "uncommitted" means

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the average amount of reclaimed water produced during the three

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lowest-flow months minus the amount of reclaimed water that a

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reclaimed water provider is contractually obligated to provide to

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a customer or user.

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     (b)  Reclaimed water may be presumed available to a

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consumptive use permit applicant when a utility exists which

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provides reclaimed water, which has uncommitted reclaimed water

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capacity, and which has distribution facilities, which are

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initially provided by the utility at its cost, to the site of the

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affected applicant's proposed use.

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     (c)  A water management district may require the use of

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reclaimed water in lieu of surface water or groundwater when the

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use of uncommitted reclaimed water is environmentally,

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economically, and technically feasible and of such quality and

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reliability as is necessary to the user. However, this paragraph

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does not authorize a water management district to require a

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provider of reclaimed water to redirect reclaimed water from one

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user to another or to provide uncommitted water to a specific

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user if such water is anticipated to be used by the provider, or

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a different user selected by the provider, within a reasonable

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amount of time.

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     (d) The South Florida Water Management District shall

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require the use of reclaimed water made available by the

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elimination of wastewater ocean outfall discharges as provided

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for in s. 403.086(9) in lieu of surface water or ground water

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when the use of uncommitted reclaimed water is environmentally,

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economically, and technically feasible and of such quality and

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reliability as is necessary to the user. Such reclaimed water may

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also be required in lieu of other alternative sources. In

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determining whether or not to require such reclaimed water in

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lieu of other alternative sources, the water management district

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shall consider existing infrastructure investments in place or

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obligated to be constructed by an executed contract or similar

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binding agreement as of July 1, 2011, for the development of

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other alternative sources.

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     Section 5.  Section 403.085, Florida Statutes, is amended to

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read:

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     403.085  Sanitary sewage disposal units; advanced and

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secondary waste treatment; industrial waste, ocean outfall,

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inland outfall, or disposal well waste treatment.--

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     (1)  Neither the Department of Health nor any other state

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agency, county, special district, or municipality shall approve

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construction of any ocean outfall or disposal well for sanitary

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sewage disposal which does not provide for secondary waste

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treatment and, in addition thereto, advanced waste treatment as

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deemed necessary and ordered by the department.

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     (2)  Sanitary sewage disposal treatment plants which

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discharge effluent through ocean outfalls or disposal wells shall

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provide for secondary waste treatment and, in addition thereto,

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advanced waste treatment as deemed necessary and ordered by the

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former Department of Environmental Protection Regulation. Failure

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to conform shall be punishable by a fine of $500 for each 24-hour

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day or fraction thereof that such failure is allowed to continue

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thereafter.

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     (3)  Neither the Department of Health nor any other state

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agency, county, special district, or municipality shall approve

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construction of any ocean outfall, inland outfall, or disposal

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well for the discharge of industrial waste of any kind which does

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not provide for secondary waste treatment or such other treatment

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as is deemed necessary and ordered by the department.

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     (4)  Industrial plants or facilities which discharge

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industrial waste of any kind through ocean outfalls, inland

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outfalls, or disposal wells shall provide for secondary waste

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treatment or such other waste treatment as deemed necessary and

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ordered by the former Department of Environmental Regulation.

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Failure to conform shall be punishable as provided in s.

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403.161(2).

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     Section 6.  Subsection (9) is added to section 403.086,

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Florida Statutes, to read:

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     403.086  Sewage disposal facilities; advanced and secondary

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waste treatment.--

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     (9) The Legislature finds that the discharge of domestic

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wastewater through ocean outfalls wastes valuable water supplies

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that should be reclaimed for beneficial purposes to meet public

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and natural systems demands. The Legislature also finds that

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discharge of domestic wastewater through ocean outfalls

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compromises the coastal environment, quality of life, and local

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economies that depend on those resources. The Legislature

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declares that more stringent treatment and management

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requirements for such domestic wastewater and the subsequent,

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timely elimination of ocean outfalls as a primary means of

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domestic wastewater discharge are in the public interest.

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     (a) The construction of new ocean outfalls for domestic

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wastewater discharge and the expansion of existing ocean outfalls

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for this purpose, along with associated pumping and piping

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systems, are prohibited. Each domestic wastewater ocean outfall

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shall be limited to the discharge capacity specified in the

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department permit authorizing the outfall in effect on July 1,

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2008, which discharge capacity shall not be increased.

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Maintenance of existing, department-authorized domestic

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wastewater ocean outfalls and associated pumping and piping

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systems is allowed, subject to the requirements of this section.

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The department is directed to work with the United States

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Environmental Protection Agency to ensure that the requirements

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of this subsection are implemented consistently for all domestic

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wastewater facilities in Florida which discharge through ocean

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outfalls.

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     (b) The discharge of domestic wastewater through ocean

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outfalls shall meet advanced wastewater treatment and management

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requirements no later than December 31, 2018. For purposes of

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this subsection, the term "advanced wastewater treatment and

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management requirements" means the advanced waste treatment

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requirements set forth in subsection (4) or a reduction in

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outfall baseline loadings of total nitrogen and total phosphorus

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which is equivalent to that which would be achieved by the

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advanced waste treatment requirements in subsection (4). The

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department shall establish the average baseline loadings of total

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nitrogen and total phosphorus for each outfall using monitoring

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data available for calendar years 2003 through 2007 and shall

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establish required loading reductions based on this baseline. The

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baseline loadings and required loading reductions of total

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nitrogen and total phosphorus shall be expressed as an average

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annual daily loading value. The advanced wastewater treatment and

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management requirements of this paragraph shall be deemed to be

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met for any domestic wastewater facility discharging through an

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ocean outfall on July 1, 2008, which has installed no later than

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December 31, 2018, a fully operational reuse system comprising

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100 percent of the facility's annual average daily flow for reuse

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activities authorized by the department.

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     (c) Each domestic wastewater facility that discharges

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through an ocean outfall on July 1, 2008, shall install a

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functioning reuse system no later than December 31, 2025. For

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purposes of this subsection, a "functioning reuse system" means

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an environmentally, economically, and technically feasible system

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that provides a minimum of 60 percent of the facility's actual

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flow on an annual basis for irrigation of public access areas,

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residential properties, or agricultural crops; groundwater

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recharge; industrial cooling; or other acceptable reuse purposes

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authorized by the department. Diversion of flows from these

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facilities to other facilities that provide 100 percent reuse of

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the diverted flows prior to December 31, 2025, shall be

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considered to contribute to meeting the 60-percent reuse

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requirement. For utilities operating more than one outfall, the

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reuse requirement can be met if the combined actual reuse flows

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from facilities served by the outfalls is at least 60 percent of

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the sum of the total actual flows from these facilities,

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including flows diverted to other facilities for 100 percent

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reuse prior to December 31, 2025. In the event treatment in

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addition to the advanced wastewater treatment and management

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requirements described in paragraph (b) is needed in order to

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support a functioning reuse system, such treatment shall be fully

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operational no later than December 31, 2025.

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     (d) The discharge of domestic wastewater through ocean

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outfalls is prohibited after December 31, 2025, except as a

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backup discharge that is part of a functioning reuse system

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authorized by the department as provided for in paragraph (c). A

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backup discharge may occur only during periods of reduced demand

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for reclaimed water in the reuse system, such as periods of wet

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weather, and shall comply with the advanced wastewater treatment

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and management requirements of paragraph (b).

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     (e) The holder of a department permit authorizing the

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discharge of domestic wastewater through an ocean outfall as of

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July 1, 2008, shall submit to the secretary of the department the

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following:

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     1. A detailed plan to meet the requirements of this

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subsection, including an identification of all land acquisition

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and facilities necessary to provide for reuse of the domestic

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wastewater; an analysis of the costs to meet the requirements;

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and a financing plan for meeting the requirements, including

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identifying any actions necessary to implement the financing

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plan, such as bond issuance or other borrowing, assessments, rate

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increases, fees, other charges, or other financing mechanisms.

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The plan shall include a detailed schedule for the completion of

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all necessary actions and shall be accompanied by supporting data

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and other documentation. The plan shall be submitted no later

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than July 1, 2013.

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     2. No later than July 1, 2016, an update of the plan

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required in subparagraph 1. documenting any refinements or

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changes in the costs, actions, or financing necessary to

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eliminate the ocean outfall discharge in accordance with this

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subsection or a written statement that the plan is current and

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accurate.

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     (f) By December 31, 2009, and by December 31 every 5 years

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thereafter, the holder of a department permit authorizing the

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discharge of domestic wastewater through an ocean outfall shall

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submit to the secretary of the department a report summarizing

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the actions accomplished to date and the actions remaining and

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proposed to meet the requirements of this subsection, including

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progress toward meeting the specific deadlines set forth in

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paragraphs (b) through (e). The report shall include the detailed

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schedule for and status of the evaluation of reuse and disposal

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options, preparation of preliminary design reports, preparation

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and submittal of permit applications, construction initiation,

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construction progress milestones, construction completion,

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initiation of operation, and continuing operation and

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maintenance.

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     (g) No later than July 1, 2010, and by July 1 every 5 years

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thereafter, the department shall submit a report to the Governor,

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the President of the Senate, and the Speaker of the House of

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Representatives on the implementation of this subsection. The

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report shall summarize progress to date, including the increased

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amount of reclaimed water provided and potable water offsets

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achieved, and identify any obstacles to continued progress,

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including all instances of substantial noncompliance.

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     (h) The renewal of each permit that authorizes the

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discharge of domestic wastewater through an ocean outfall as of

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July 1, 2008, shall be accompanied by an order in accordance with

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s. 403.088(2)(e) and (f) which establishes an enforceable

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compliance schedule consistent with the requirements of this

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subsection.

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     Section 7.  Subsection (7) of section 403.1835, Florida

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Statutes, is amended to read:

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     403.1835  Water pollution control financial assistance.--

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     (7)  Eligible projects must be given priority according to

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the extent each project is intended to remove, mitigate, or

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prevent adverse effects on surface or ground water quality and

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public health. The relative costs of achieving environmental and

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public health benefits must be taken into consideration during

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the department's assignment of project priorities. The department

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shall adopt a priority system by rule. In developing the priority

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system, the department shall give priority to projects that:

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     (a)  Eliminate public health hazards;

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     (b)  Enable compliance with laws requiring the elimination

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of discharges to specific water bodies, including the

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requirements of s. 403.086(9) regarding domestic wastewater ocean

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outfalls;

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     (c)  Assist in the implementation of total maximum daily

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loads adopted under s. 403.067;

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     (d)  Enable compliance with other pollution control

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requirements, including, but not limited to, toxics control,

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wastewater residuals management, and reduction of nutrients and

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bacteria;

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     (e)  Assist in the implementation of surface water

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improvement and management plans and pollutant load reduction

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goals developed under state water policy;

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     (f)  Promote reclaimed water reuse;

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     (g)  Eliminate failing onsite sewage treatment and disposal

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systems or those that are causing environmental damage; or

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     (h)  Reduce pollutants to and otherwise promote the

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restoration of Florida's surface and ground waters.

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     Section 8.  This act shall take effect July 1, 2008.