| 1 | A bill to be entitled |
| 2 | An act relating to wastewater disposal; amending s. |
| 3 | 373.0361, F.S.; requiring the South Florida Water |
| 4 | Management District to include projects relating to ocean |
| 5 | outfalls in regional water supply plans; amending ss. |
| 6 | 373.0831 and 373.1961, F.S.; providing priority funding |
| 7 | consideration for specified projects relating to ocean |
| 8 | outfalls; amending s. 373.250, F.S.; directing the South |
| 9 | Florida Water Management District to require the use of |
| 10 | specified reclaimed water under certain conditions; |
| 11 | amending ss. 403.085 and 403.086, F.S.; revising |
| 12 | provisions relating to sanitary sewage disposal units; |
| 13 | prohibiting the construction of new ocean outfalls; |
| 14 | providing legislative intent; prohibiting the expansion of |
| 15 | existing ocean outfalls for specified purposes; providing |
| 16 | advanced wastewater treatment and management requirements |
| 17 | for certain domestic wastewater facilities by a specified |
| 18 | date; providing wastewater reuse requirements for certain |
| 19 | facilities by a specified date; prohibiting certain |
| 20 | domestic wastewater discharges by a specified date; |
| 21 | providing reporting requirements for certain domestic |
| 22 | wastewater facilities; providing reporting requirements |
| 23 | for the Department of Environmental Protection; providing |
| 24 | an exemption from advanced wastewater treatment and |
| 25 | management requirements under specified conditions; |
| 26 | providing a compliance schedule for certain domestic |
| 27 | wastewater facilities; creating s. 403.08601, F.S.; |
| 28 | establishing the Leah Schad Memorial Ocean Outfall |
| 29 | Program; providing for financial assistance to local |
| 30 | governments and agencies to implement specified wastewater |
| 31 | disposal requirements; amending s. 403.1651, F.S.; |
| 32 | creating a dedicated account within the Ecosystem |
| 33 | Management and Restoration Trust Fund for the purposes of |
| 34 | funding the Leah Schad Memorial Ocean Outfall Program; |
| 35 | amending s. 403.1835, F.S.; providing priority funding |
| 36 | consideration for specified projects relating to ocean |
| 37 | outfalls; amending s. 163.3177, F.S.; conforming a cross- |
| 38 | reference; providing an effective date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Subsections (4) through (8) of section |
| 43 | 373.0361, Florida Statutes, are renumbered as subsections (5) |
| 44 | through (9), respectively, and a new subsection (4) is added to |
| 45 | that section to read: |
| 46 | 373.0361 Regional water supply planning.-- |
| 47 | (4) The South Florida Water Management District shall |
| 48 | include in its regional water supply plan water resource and |
| 49 | water supply development projects that promote the elimination |
| 50 | of domestic wastewater ocean outfalls as provided in s. |
| 51 | 403.086(9). |
| 52 | Section 2. Paragraph (b) of subsection (4) of section |
| 53 | 373.0831, Florida Statutes, is amended to read: |
| 54 | 373.0831 Water resource development; water supply |
| 55 | development.-- |
| 56 | (4) |
| 57 | (b) Water supply development projects that which meet the |
| 58 | criteria in paragraph (a) and that meet one or more of the |
| 59 | following additional criteria also bring about replacement of |
| 60 | existing sources in order to help implement a minimum flow or |
| 61 | level shall be given first consideration for state or water |
| 62 | management district funding assistance: |
| 63 | 1. The project brings about replacement of existing |
| 64 | sources in order to help implement a minimum flow or level; or |
| 65 | 2. The project implements reuse that assists in the |
| 66 | elimination of domestic wastewater ocean outfalls as provided in |
| 67 | s. 403.086(9). |
| 68 | Section 3. Paragraph (f) of subsection (3) of section |
| 69 | 373.1961, Florida Statutes, is amended to read: |
| 70 | 373.1961 Water production; general powers and duties; |
| 71 | identification of needs; funding criteria; economic incentives; |
| 72 | reuse funding.-- |
| 73 | (3) FUNDING.-- |
| 74 | (f) The governing boards shall determine those projects |
| 75 | that will be selected for financial assistance. The governing |
| 76 | boards may establish factors to determine project funding; |
| 77 | however, significant weight shall be given to the following |
| 78 | factors: |
| 79 | 1. Whether the project provides substantial environmental |
| 80 | benefits by preventing or limiting adverse water resource |
| 81 | impacts. |
| 82 | 2. Whether the project reduces competition for water |
| 83 | supplies. |
| 84 | 3. Whether the project brings about replacement of |
| 85 | traditional sources in order to help implement a minimum flow or |
| 86 | level or a reservation. |
| 87 | 4. Whether the project will be implemented by a |
| 88 | consumptive use permittee that has achieved the targets |
| 89 | contained in a goal-based water conservation program approved |
| 90 | pursuant to s. 373.227. |
| 91 | 5. The quantity of water supplied by the project as |
| 92 | compared to its cost. |
| 93 | 6. Projects in which the construction and delivery to end |
| 94 | users of reuse water is a major component. |
| 95 | 7. Whether the project will be implemented by a |
| 96 | multijurisdictional water supply entity or regional water supply |
| 97 | authority. |
| 98 | 8. Whether the project implements reuse that assists in |
| 99 | the elimination of domestic wastewater ocean outfalls as |
| 100 | provided in s. 403.086(9). |
| 101 | Section 4. Paragraph (d) is added to subsection (2) of |
| 102 | section 373.250, Florida Statutes, to read: |
| 103 | 373.250 Reuse of reclaimed water.-- |
| 104 | (2) |
| 105 | (d) The South Florida Water Management District shall |
| 106 | require the use of reclaimed water made available by the |
| 107 | elimination of domestic wastewater ocean outfall discharges as |
| 108 | provided in s. 403.086(9) in lieu of surface water or ground |
| 109 | water when the use of uncommitted reclaimed water is |
| 110 | environmentally, economically, and technically feasible and of |
| 111 | such quality and reliability as is necessary to the user. Such |
| 112 | reclaimed water may also be required in lieu of other |
| 113 | alternative sources. In determining whether or not to require |
| 114 | such reclaimed water in lieu of other alternative sources, the |
| 115 | water management district shall consider existing infrastructure |
| 116 | investments in place or obligated to be constructed by an |
| 117 | executed contract or similar binding agreement as of July 1, |
| 118 | 2011, for the development of other alternative sources. |
| 119 | Section 5. Subsections (1) and (2) of section 403.085, |
| 120 | Florida Statutes, are amended to read: |
| 121 | 403.085 Sanitary sewage disposal units; advanced and |
| 122 | secondary waste treatment; industrial waste, ocean outfall, |
| 123 | inland outfall, or disposal well waste treatment.-- |
| 124 | (1) Neither the Department of Health nor any other state |
| 125 | agency, county, special district, or municipality shall approve |
| 126 | construction of any ocean outfall or disposal well for sanitary |
| 127 | sewage disposal which does not provide for secondary waste |
| 128 | treatment and, in addition thereto, advanced waste treatment as |
| 129 | deemed necessary and ordered by the department. |
| 130 | (2) Sanitary sewage disposal treatment plants which |
| 131 | discharge effluent through ocean outfalls or disposal wells |
| 132 | shall provide for secondary waste treatment and, in addition |
| 133 | thereto, advanced waste treatment as deemed necessary and |
| 134 | ordered by the former Department of Environmental Protection |
| 135 | Regulation. Failure to conform shall be punishable by a fine of |
| 136 | $500 for each 24-hour day or fraction thereof that such failure |
| 137 | is allowed to continue thereafter. |
| 138 | Section 6. Subsection (9) is added to section 403.086, |
| 139 | Florida Statutes, to read: |
| 140 | 403.086 Sewage disposal facilities; advanced and secondary |
| 141 | waste treatment.-- |
| 142 | (9) The Legislature finds that the discharge of domestic |
| 143 | wastewater through ocean outfalls wastes valuable water supplies |
| 144 | that should be reclaimed for beneficial purposes to meet public |
| 145 | and natural systems demands. The Legislature also finds that |
| 146 | discharge of domestic wastewater through ocean outfalls |
| 147 | compromises the state's coastal environment, quality of life, |
| 148 | and local economies that depend on those resources. The |
| 149 | Legislature declares that more stringent treatment and |
| 150 | management requirements for such domestic wastewater and the |
| 151 | subsequent, timely elimination of ocean outfalls as a primary |
| 152 | means of domestic wastewater discharge are in the public |
| 153 | interest. |
| 154 | (a) The construction of new ocean outfalls for domestic |
| 155 | wastewater discharge and the expansion of existing ocean |
| 156 | outfalls for this purpose, along with associated pumping and |
| 157 | piping systems, are prohibited. Each domestic wastewater ocean |
| 158 | outfall shall be limited to the discharge capacity specified in |
| 159 | the department permit authorizing the outfall in effect on July |
| 160 | 1, 2008, which discharge capacity shall not be increased. |
| 161 | Maintenance of existing, department-authorized domestic |
| 162 | wastewater ocean outfalls and associated pumping and piping |
| 163 | systems is allowed, subject to the requirements of this section. |
| 164 | The department is directed to work with the United States |
| 165 | Environmental Protection Agency to ensure that the requirements |
| 166 | of this subsection are implemented consistently for all domestic |
| 167 | wastewater facilities in the state which discharge through ocean |
| 168 | outfalls. |
| 169 | (b) The discharge of domestic wastewater through ocean |
| 170 | outfalls shall meet advanced wastewater treatment and management |
| 171 | requirements no later than December 31, 2018. For purposes of |
| 172 | this subsection, the term "advanced wastewater treatment and |
| 173 | management requirements" means the advanced waste treatment |
| 174 | requirements set forth in subsection (4), a reduction in outfall |
| 175 | baseline loadings of total nitrogen and total phosphorus which |
| 176 | is equivalent to that which would be achieved by the advanced |
| 177 | waste treatment requirements in subsection (4), or a reduction |
| 178 | in cumulative outfall loadings of total nitrogen and total |
| 179 | phosphorus occurring between December 31, 2008, and December 31, |
| 180 | 2025, which is equivalent to that which would be achieved if the |
| 181 | advanced waste treatment requirements in subsection (4) were |
| 182 | fully implemented beginning December 31, 2018, and continued |
| 183 | through December 31, 2025. The department shall establish the |
| 184 | average baseline loadings of total nitrogen and total phosphorus |
| 185 | for each outfall using monitoring data available for calendar |
| 186 | years 2003 through 2007 and shall establish required loading |
| 187 | reductions based on this baseline. The baseline loadings and |
| 188 | required loading reductions of total nitrogen and total |
| 189 | phosphorus shall be expressed as an average annual daily loading |
| 190 | value. The advanced wastewater treatment and management |
| 191 | requirements of this paragraph shall be deemed to be met for any |
| 192 | domestic wastewater facility discharging through an ocean |
| 193 | outfall on July 1, 2008, which has installed no later than |
| 194 | December 31, 2018, a fully operational reuse system comprising |
| 195 | 100 percent of the facility's annual average daily flow for |
| 196 | reuse activities authorized by the department. |
| 197 | (c) Each domestic wastewater facility that discharges |
| 198 | through an ocean outfall on July 1, 2008, shall install a |
| 199 | functioning reuse system no later than December 31, 2025. For |
| 200 | purposes of this subsection, the term "functioning reuse system" |
| 201 | means an environmentally, economically, and technically feasible |
| 202 | system that provides a minimum of 60 percent of a facility's |
| 203 | actual flow on an annual basis for irrigation of public access |
| 204 | areas, residential properties, or agricultural crops; aquifer |
| 205 | recharge; groundwater recharge; industrial cooling; or other |
| 206 | acceptable reuse purposes authorized by the department. For |
| 207 | purposes of this paragraph, the term "facility's actual flow on |
| 208 | an annual basis" means the annual average flow of domestic |
| 209 | wastewater discharging through a facility's ocean outfall, as |
| 210 | determined by the department, using monitoring data available |
| 211 | for calendar years 2003 through 2007. Diversion of flows from |
| 212 | domestic wastewater facilities to other facilities that provide |
| 213 | 100 percent reuse of the diverted flows prior to December 31, |
| 214 | 2025, shall be considered to contribute to meeting the 60- |
| 215 | percent reuse requirement. For utilities operating more than one |
| 216 | outfall, the reuse requirement can be met if the combined actual |
| 217 | reuse flows from facilities served by the outfalls is at least |
| 218 | 60 percent of the sum of the total actual flows from domestic |
| 219 | wastewater facilities, including flows diverted to other |
| 220 | facilities for 100 percent reuse prior to December 31, 2025. In |
| 221 | the event treatment in addition to the advanced wastewater |
| 222 | treatment and management requirements described in paragraph (b) |
| 223 | is needed in order to support a functioning reuse system, such |
| 224 | treatment shall be fully operational no later than December 31, |
| 225 | 2025. |
| 226 | (d) The discharge of domestic wastewater through ocean |
| 227 | outfalls is prohibited after December 31, 2025, except as a |
| 228 | backup discharge that is part of a functioning reuse system |
| 229 | authorized by the department under paragraph (c). A backup |
| 230 | discharge may occur only during periods of reduced demand for |
| 231 | reclaimed water in a reuse system, such as periods of wet |
| 232 | weather, and shall comply with the advanced wastewater treatment |
| 233 | and management requirements of paragraph (b). |
| 234 | (e) The holder of a department permit authorizing the |
| 235 | discharge of domestic wastewater through an ocean outfall as of |
| 236 | July 1, 2008, shall submit to the secretary of the department |
| 237 | the following: |
| 238 | 1. A detailed plan to meet the requirements of this |
| 239 | subsection, including an identification of all land acquisition |
| 240 | and facilities necessary to provide for reuse of the domestic |
| 241 | wastewater; an analysis of the costs to meet the requirements; |
| 242 | and a financing plan for meeting the requirements, including |
| 243 | identifying any actions necessary to implement the financing |
| 244 | plan, such as bond issuance or other borrowing, assessments, |
| 245 | rate increases, fees, other charges, or other financing |
| 246 | mechanisms. The plan shall include a detailed schedule for the |
| 247 | completion of all necessary actions and shall be accompanied by |
| 248 | supporting data and other documentation. The plan shall be |
| 249 | submitted no later than July 1, 2013. |
| 250 | 2. No later than July 1, 2016, an update of the plan |
| 251 | required in subparagraph 1. documenting any refinements or |
| 252 | changes in the costs, actions, or financing necessary to |
| 253 | eliminate the ocean outfall discharge in accordance with this |
| 254 | subsection or a written statement that the plan is current and |
| 255 | accurate. |
| 256 | (f) By December 31, 2009, and by December 31 every 5 years |
| 257 | thereafter, the holder of a department permit authorizing the |
| 258 | discharge of domestic wastewater through an ocean outfall shall |
| 259 | submit to the secretary of the department a report summarizing |
| 260 | the actions accomplished to date and the actions remaining and |
| 261 | proposed to meet the requirements of this subsection, including |
| 262 | progress toward meeting the specific deadlines set forth in |
| 263 | paragraphs (b)-(e). The report shall include the detailed |
| 264 | schedule for and status of the evaluation of reuse and disposal |
| 265 | options, preparation of preliminary design reports, preparation |
| 266 | and submittal of permit applications, construction initiation, |
| 267 | construction progress milestones, construction completion, |
| 268 | initiation of operation, and continuing operation and |
| 269 | maintenance. |
| 270 | (g) No later than July 1, 2010, and by July 1 every 5 |
| 271 | years thereafter, the department shall submit a report to the |
| 272 | Governor, the President of the Senate, and the Speaker of the |
| 273 | House of Representatives on the implementation of this |
| 274 | subsection. The report shall summarize progress to date, |
| 275 | including the increased amount of reclaimed water provided and |
| 276 | potable water offsets achieved, and identify any obstacles to |
| 277 | continued progress, including all instances of substantial |
| 278 | noncompliance. |
| 279 | (h) The renewal of a permit that authorizes the discharge |
| 280 | of domestic wastewater through an ocean outfall as of July 1, |
| 281 | 2008, shall be accompanied by an order establishing an |
| 282 | enforceable compliance schedule consistent with the provisions |
| 283 | of s. 403.088(2)(e) and (f). |
| 284 | Section 7. Section 403.08601, Florida Statutes, is created |
| 285 | to read: |
| 286 | 403.08601 Leah Schad Memorial Ocean Outfall Program.--As |
| 287 | funds become available, the state may assist local governments |
| 288 | and agencies responsible for implementing the requirements for |
| 289 | domestic wastewater disposal under s. 403.086(9). Funds received |
| 290 | from sources provided for in law and the General Appropriations |
| 291 | Act; gifts designated for such disposal requirements from |
| 292 | individuals, corporations, or other entities; or federal funds |
| 293 | appropriated by the United States Congress for implementation of |
| 294 | such disposal requirements may be deposited into a designated |
| 295 | account within the Ecosystem Management and Restoration Trust |
| 296 | Fund pursuant to s. 403.1651(1)(f). |
| 297 | Section 8. Paragraph (f) is added to subsection (1) of |
| 298 | section 403.1651, Florida Statutes, to read: |
| 299 | 403.1651 Ecosystem Management and Restoration Trust |
| 300 | Fund.-- |
| 301 | (1) There is created the Ecosystem Management and |
| 302 | Restoration Trust Fund to be administered by the Department of |
| 303 | Environmental Protection for the purposes of: |
| 304 | (f) Funding the Leah Schad Memorial Ocean Outfall Program |
| 305 | under s. 403.08601. |
| 306 | Section 9. Paragraph (b) of subsection (7) of section |
| 307 | 403.1835, Florida Statutes, is amended to read: |
| 308 | 403.1835 Water pollution control financial assistance.-- |
| 309 | (7) Eligible projects must be given priority according to |
| 310 | the extent each project is intended to remove, mitigate, or |
| 311 | prevent adverse effects on surface or ground water quality and |
| 312 | public health. The relative costs of achieving environmental and |
| 313 | public health benefits must be taken into consideration during |
| 314 | the department's assignment of project priorities. The |
| 315 | department shall adopt a priority system by rule. In developing |
| 316 | the priority system, the department shall give priority to |
| 317 | projects that: |
| 318 | (b) Enable compliance with laws requiring the elimination |
| 319 | of discharges to specific water bodies, including the |
| 320 | requirements of s. 403.086(9) relating to domestic wastewater |
| 321 | ocean outfalls; |
| 322 | Section 10. Paragraph (c) of subsection (6) of section |
| 323 | 163.3177, Florida Statutes, is amended to read: |
| 324 | 163.3177 Required and optional elements of comprehensive |
| 325 | plan; studies and surveys.-- |
| 326 | (6) In addition to the requirements of subsections (1)-(5) |
| 327 | and (12), the comprehensive plan shall include the following |
| 328 | elements: |
| 329 | (c) A general sanitary sewer, solid waste, drainage, |
| 330 | potable water, and natural groundwater aquifer recharge element |
| 331 | correlated to principles and guidelines for future land use, |
| 332 | indicating ways to provide for future potable water, drainage, |
| 333 | sanitary sewer, solid waste, and aquifer recharge protection |
| 334 | requirements for the area. The element may be a detailed |
| 335 | engineering plan including a topographic map depicting areas of |
| 336 | prime groundwater recharge. The element shall describe the |
| 337 | problems and needs and the general facilities that will be |
| 338 | required for solution of the problems and needs. The element |
| 339 | shall also include a topographic map depicting any areas adopted |
| 340 | by a regional water management district as prime groundwater |
| 341 | recharge areas for the Floridan or Biscayne aquifers. These |
| 342 | areas shall be given special consideration when the local |
| 343 | government is engaged in zoning or considering future land use |
| 344 | for said designated areas. For areas served by septic tanks, |
| 345 | soil surveys shall be provided which indicate the suitability of |
| 346 | soils for septic tanks. Within 18 months after the governing |
| 347 | board approves an updated regional water supply plan, the |
| 348 | element must incorporate the alternative water supply project or |
| 349 | projects selected by the local government from those identified |
| 350 | in the regional water supply plan pursuant to s. 373.0361(2)(a) |
| 351 | or proposed by the local government under s. 373.0361(8)(7)(b). |
| 352 | If a local government is located within two water management |
| 353 | districts, the local government shall adopt its comprehensive |
| 354 | plan amendment within 18 months after the later updated regional |
| 355 | water supply plan. The element must identify such alternative |
| 356 | water supply projects and traditional water supply projects and |
| 357 | conservation and reuse necessary to meet the water needs |
| 358 | identified in s. 373.0361(2)(a) within the local government's |
| 359 | jurisdiction and include a work plan, covering at least a 10 |
| 360 | year planning period, for building public, private, and regional |
| 361 | water supply facilities, including development of alternative |
| 362 | water supplies, which are identified in the element as necessary |
| 363 | to serve existing and new development. The work plan shall be |
| 364 | updated, at a minimum, every 5 years within 18 months after the |
| 365 | governing board of a water management district approves an |
| 366 | updated regional water supply plan. Amendments to incorporate |
| 367 | the work plan do not count toward the limitation on the |
| 368 | frequency of adoption of amendments to the comprehensive plan. |
| 369 | Local governments, public and private utilities, regional water |
| 370 | supply authorities, special districts, and water management |
| 371 | districts are encouraged to cooperatively plan for the |
| 372 | development of multijurisdictional water supply facilities that |
| 373 | are sufficient to meet projected demands for established |
| 374 | planning periods, including the development of alternative water |
| 375 | sources to supplement traditional sources of groundwater and |
| 376 | surface water supplies. |
| 377 | Section 11. This act shall take effect July 1, 2008. |