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.