Florida Senate - 2008 SB 1634
By Senator Bennett
21-02711-08 20081634__
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A bill to be entitled
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An act relating to the management of wastewater; amending
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s. 514.023, F.S.; requiring that the Wastewater Compliance
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Evaluation Section in the Department of Environmental
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Protection identify sewage contaminant sources when
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certain health advisories prohibiting swimming in beach
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waters are issued; requiring that the department notify
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certain counties and municipalities after discovering that
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a wastewater facility is in violation of laws concerning
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pollution control; 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. Subsections (1), (2), and (3) of section
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514.023, Florida Statutes, are amended to read:
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514.023 Sampling of beach waters; health advisories.--
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(1) As used in this section, the term "beach waters" means
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the waters along the coastal and intracoastal beaches and shores
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of the state, and includes salt water and brackish water.
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(2)(1) The department may adopt and enforce rules to
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protect the health, safety, and welfare of persons using the
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beach waters of the state. The rules must establish health
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standards and prescribe procedures and timeframes for
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bacteriological sampling of beach waters.
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(3)(2) The department may issue health advisories if the
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quality of beach waters fails to meet standards established by
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the department. The issuance of health advisories related to the
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results of bacteriological sampling of beach waters is preempted
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to the state. When a health advisory that prohibits swimming in
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beach waters is issued on the basis of the results of the
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bacteriological sampling of waters or when departmental rules or
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another law requires issuance of a health advisory that prohibits
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swimming in beach waters on the basis of such results, the
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Wastewater Compliance Evaluation Section of the Department of
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Environmental Protection shall identify the source of the sewage
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contaminants.
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(3) For purposes of this section, the term "beach waters"
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means the waters along the coastal and intracoastal beaches and
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shores of the state, and includes salt water and brackish water.
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Section 2. The Department of Environmental Protection
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shall, within 5 days after discovering that a wastewater facility
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is in violation of part I of chapter 403, Florida Statutes,
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notify each county and municipality within a 5-mile radius of the
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facility. The notice must be provided in writing for each
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violation discovered.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.