HB 7139

1
A bill to be entitled
2An act relating to wastewater disposal; amending s.
3373.0361, F.S.; requiring the South Florida Water
4Management District to include projects relating to ocean
5outfalls in regional water supply plans; amending ss.
6373.0831 and 373.1961, F.S.; providing priority funding
7consideration for specified projects relating to ocean
8outfalls; amending s. 373.250, F.S.; directing the South
9Florida Water Management District to require the use of
10specified reclaimed water under certain conditions;
11amending ss. 403.085 and 403.086, F.S.; revising
12provisions relating to sanitary sewage disposal units;
13prohibiting the construction of new ocean outfalls;
14providing legislative intent; prohibiting the expansion of
15existing ocean outfalls for specified purposes; providing
16advanced wastewater treatment and management requirements
17for certain domestic wastewater facilities by a specified
18date; providing wastewater reuse requirements for certain
19facilities by a specified date; prohibiting certain
20domestic wastewater discharges by a specified date;
21providing reporting requirements for certain domestic
22wastewater facilities; providing reporting requirements
23for the Department of Environmental Protection; providing
24an exemption from advanced wastewater treatment and
25management requirements under specified conditions;
26providing a compliance schedule for certain domestic
27wastewater facilities; creating s. 403.08601, F.S.;
28establishing the Leah Schad Memorial Ocean Outfall
29Program; providing for financial assistance to local
30governments and agencies to implement specified wastewater
31disposal requirements; amending s. 403.1651, F.S.;
32creating a dedicated account within the Ecosystem
33Management and Restoration Trust Fund for the purposes of
34funding the Leah Schad Memorial Ocean Outfall Program;
35amending s. 403.1835, F.S.; providing priority funding
36consideration for specified projects relating to ocean
37outfalls; amending s. 163.3177, F.S.; conforming a cross-
38reference; providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Subsections (4) through (8) of section
43373.0361, Florida Statutes, are renumbered as subsections (5)
44through (9), respectively, and a new subsection (4) is added to
45that section to read:
46     373.0361  Regional water supply planning.--
47     (4)  The South Florida Water Management District shall
48include in its regional water supply plan water resource and
49water supply development projects that promote the elimination
50of domestic wastewater ocean outfalls as provided in s.
51403.086(9).
52     Section 2.  Paragraph (b) of subsection (4) of section
53373.0831, Florida Statutes, is amended to read:
54     373.0831  Water resource development; water supply
55development.--
56     (4)
57     (b)  Water supply development projects that which meet the
58criteria in paragraph (a) and that meet one or more of the
59following additional criteria also bring about replacement of
60existing sources in order to help implement a minimum flow or
61level shall be given first consideration for state or water
62management district funding assistance:
63     1.  The project brings about replacement of existing
64sources in order to help implement a minimum flow or level; or
65     2.  The project implements reuse that assists in the
66elimination of domestic wastewater ocean outfalls as provided in
67s. 403.086(9).
68     Section 3.  Paragraph (f) of subsection (3) of section
69373.1961, Florida Statutes, is amended to read:
70     373.1961  Water production; general powers and duties;
71identification of needs; funding criteria; economic incentives;
72reuse funding.--
73     (3)  FUNDING.--
74     (f)  The governing boards shall determine those projects
75that will be selected for financial assistance. The governing
76boards may establish factors to determine project funding;
77however, significant weight shall be given to the following
78factors:
79     1.  Whether the project provides substantial environmental
80benefits by preventing or limiting adverse water resource
81impacts.
82     2.  Whether the project reduces competition for water
83supplies.
84     3.  Whether the project brings about replacement of
85traditional sources in order to help implement a minimum flow or
86level or a reservation.
87     4.  Whether the project will be implemented by a
88consumptive use permittee that has achieved the targets
89contained in a goal-based water conservation program approved
90pursuant to s. 373.227.
91     5.  The quantity of water supplied by the project as
92compared to its cost.
93     6.  Projects in which the construction and delivery to end
94users of reuse water is a major component.
95     7.  Whether the project will be implemented by a
96multijurisdictional water supply entity or regional water supply
97authority.
98     8.  Whether the project implements reuse that assists in
99the elimination of domestic wastewater ocean outfalls as
100provided in s. 403.086(9).
101     Section 4.  Paragraph (d) is added to subsection (2) of
102section 373.250, Florida Statutes, to read:
103     373.250  Reuse of reclaimed water.--
104     (2)
105     (d)  The South Florida Water Management District shall
106require the use of reclaimed water made available by the
107elimination of domestic wastewater ocean outfall discharges as
108provided in s. 403.086(9) in lieu of surface water or ground
109water when the use of uncommitted reclaimed water is
110environmentally, economically, and technically feasible and of
111such quality and reliability as is necessary to the user. Such
112reclaimed water may also be required in lieu of other
113alternative sources. In determining whether or not to require
114such reclaimed water in lieu of other alternative sources, the
115water management district shall consider existing infrastructure
116investments in place or obligated to be constructed by an
117executed contract or similar binding agreement as of July 1,
1182011, for the development of other alternative sources.
119     Section 5.  Subsections (1) and (2) of section 403.085,
120Florida Statutes, are amended to read:
121     403.085  Sanitary sewage disposal units; advanced and
122secondary waste treatment; industrial waste, ocean outfall,
123inland outfall, or disposal well waste treatment.--
124     (1)  Neither the Department of Health nor any other state
125agency, county, special district, or municipality shall approve
126construction of any ocean outfall or disposal well for sanitary
127sewage disposal which does not provide for secondary waste
128treatment and, in addition thereto, advanced waste treatment as
129deemed necessary and ordered by the department.
130     (2)  Sanitary sewage disposal treatment plants which
131discharge effluent through ocean outfalls or disposal wells
132shall provide for secondary waste treatment and, in addition
133thereto, advanced waste treatment as deemed necessary and
134ordered by the former Department of Environmental Protection
135Regulation. Failure to conform shall be punishable by a fine of
136$500 for each 24-hour day or fraction thereof that such failure
137is allowed to continue thereafter.
138     Section 6.  Subsection (9) is added to section 403.086,
139Florida Statutes, to read:
140     403.086  Sewage disposal facilities; advanced and secondary
141waste treatment.--
142     (9)  The Legislature finds that the discharge of domestic
143wastewater through ocean outfalls wastes valuable water supplies
144that should be reclaimed for beneficial purposes to meet public
145and natural systems demands. The Legislature also finds that
146discharge of domestic wastewater through ocean outfalls
147compromises the state's coastal environment, quality of life,
148and local economies that depend on those resources. The
149Legislature declares that more stringent treatment and
150management requirements for such domestic wastewater and the
151subsequent, timely elimination of ocean outfalls as a primary
152means of domestic wastewater discharge are in the public
153interest.
154     (a)  The construction of new ocean outfalls for domestic
155wastewater discharge and the expansion of existing ocean
156outfalls for this purpose, along with associated pumping and
157piping systems, are prohibited. Each domestic wastewater ocean
158outfall shall be limited to the discharge capacity specified in
159the department permit authorizing the outfall in effect on July
1601, 2008, which discharge capacity shall not be increased.
161Maintenance of existing, department-authorized domestic
162wastewater ocean outfalls and associated pumping and piping
163systems is allowed, subject to the requirements of this section.
164The department is directed to work with the United States
165Environmental Protection Agency to ensure that the requirements
166of this subsection are implemented consistently for all domestic
167wastewater facilities in the state which discharge through ocean
168outfalls.
169     (b)  The discharge of domestic wastewater through ocean
170outfalls shall meet advanced wastewater treatment and management
171requirements no later than December 31, 2018. For purposes of
172this subsection, the term "advanced wastewater treatment and
173management requirements" means the advanced waste treatment
174requirements set forth in subsection (4), a reduction in outfall
175baseline loadings of total nitrogen and total phosphorus which
176is equivalent to that which would be achieved by the advanced
177waste treatment requirements in subsection (4), or a reduction
178in cumulative outfall loadings of total nitrogen and total
179phosphorus occurring between December 31, 2008, and December 31,
1802025, which is equivalent to that which would be achieved if the
181advanced waste treatment requirements in subsection (4) were
182fully implemented beginning December 31, 2018, and continued
183through December 31, 2025. The department shall establish the
184average baseline loadings of total nitrogen and total phosphorus
185for each outfall using monitoring data available for calendar
186years 2003 through 2007 and shall establish required loading
187reductions based on this baseline. The baseline loadings and
188required loading reductions of total nitrogen and total
189phosphorus shall be expressed as an average annual daily loading
190value. The advanced wastewater treatment and management
191requirements of this paragraph shall be deemed to be met for any
192domestic wastewater facility discharging through an ocean
193outfall on July 1, 2008, which has installed no later than
194December 31, 2018, a fully operational reuse system comprising
195100 percent of the facility's annual average daily flow for
196reuse activities authorized by the department.
197     (c)  Each domestic wastewater facility that discharges
198through an ocean outfall on July 1, 2008, shall install a
199functioning reuse system no later than December 31, 2025. For
200purposes of this subsection, the term "functioning reuse system"
201means an environmentally, economically, and technically feasible
202system that provides a minimum of 60 percent of a facility's
203actual flow on an annual basis for irrigation of public access
204areas, residential properties, or agricultural crops; aquifer
205recharge; groundwater recharge; industrial cooling; or other
206acceptable reuse purposes authorized by the department. For
207purposes of this paragraph, the term "facility's actual flow on
208an annual basis" means the annual average flow of domestic
209wastewater discharging through a facility's ocean outfall, as
210determined by the department, using monitoring data available
211for calendar years 2003 through 2007. Diversion of flows from
212domestic wastewater facilities to other facilities that provide
213100 percent reuse of the diverted flows prior to December 31,
2142025, shall be considered to contribute to meeting the 60-
215percent reuse requirement. For utilities operating more than one
216outfall, the reuse requirement can be met if the combined actual
217reuse flows from facilities served by the outfalls is at least
21860 percent of the sum of the total actual flows from domestic
219wastewater facilities, including flows diverted to other
220facilities for 100 percent reuse prior to December 31, 2025. In
221the event treatment in addition to the advanced wastewater
222treatment and management requirements described in paragraph (b)
223is needed in order to support a functioning reuse system, such
224treatment shall be fully operational no later than December 31,
2252025.
226     (d)  The discharge of domestic wastewater through ocean
227outfalls is prohibited after December 31, 2025, except as a
228backup discharge that is part of a functioning reuse system
229authorized by the department under paragraph (c). A backup
230discharge may occur only during periods of reduced demand for
231reclaimed water in a reuse system, such as periods of wet
232weather, and shall comply with the advanced wastewater treatment
233and management requirements of paragraph (b).
234     (e)  The holder of a department permit authorizing the
235discharge of domestic wastewater through an ocean outfall as of
236July 1, 2008, shall submit to the secretary of the department
237the following:
238     1.  A detailed plan to meet the requirements of this
239subsection, including an identification of all land acquisition
240and facilities necessary to provide for reuse of the domestic
241wastewater; an analysis of the costs to meet the requirements;
242and a financing plan for meeting the requirements, including
243identifying any actions necessary to implement the financing
244plan, such as bond issuance or other borrowing, assessments,
245rate increases, fees, other charges, or other financing
246mechanisms. The plan shall include a detailed schedule for the
247completion of all necessary actions and shall be accompanied by
248supporting data and other documentation. The plan shall be
249submitted no later than July 1, 2013.
250     2.  No later than July 1, 2016, an update of the plan
251required in subparagraph 1. documenting any refinements or
252changes in the costs, actions, or financing necessary to
253eliminate the ocean outfall discharge in accordance with this
254subsection or a written statement that the plan is current and
255accurate.
256     (f)  By December 31, 2009, and by December 31 every 5 years
257thereafter, the holder of a department permit authorizing the
258discharge of domestic wastewater through an ocean outfall shall
259submit to the secretary of the department a report summarizing
260the actions accomplished to date and the actions remaining and
261proposed to meet the requirements of this subsection, including
262progress toward meeting the specific deadlines set forth in
263paragraphs (b)-(e). The report shall include the detailed
264schedule for and status of the evaluation of reuse and disposal
265options, preparation of preliminary design reports, preparation
266and submittal of permit applications, construction initiation,
267construction progress milestones, construction completion,
268initiation of operation, and continuing operation and
269maintenance.
270     (g)  No later than July 1, 2010, and by July 1 every 5
271years thereafter, the department shall submit a report to the
272Governor, the President of the Senate, and the Speaker of the
273House of Representatives on the implementation of this
274subsection. The report shall summarize progress to date,
275including the increased amount of reclaimed water provided and
276potable water offsets achieved, and identify any obstacles to
277continued progress, including all instances of substantial
278noncompliance.
279     (h)  The renewal of a permit that authorizes the discharge
280of domestic wastewater through an ocean outfall as of July 1,
2812008, shall be accompanied by an order establishing an
282enforceable compliance schedule consistent with the provisions
283of s. 403.088(2)(e) and (f).
284     Section 7.  Section 403.08601, Florida Statutes, is created
285to read:
286     403.08601  Leah Schad Memorial Ocean Outfall Program.--As
287funds become available, the state may assist local governments
288and agencies responsible for implementing the requirements for
289domestic wastewater disposal under s. 403.086(9). Funds received
290from sources provided for in law and the General Appropriations
291Act; gifts designated for such disposal requirements from
292individuals, corporations, or other entities; or federal funds
293appropriated by the United States Congress for implementation of
294such disposal requirements may be deposited into a designated
295account within the Ecosystem Management and Restoration Trust
296Fund pursuant to s. 403.1651(1)(f).
297     Section 8.  Paragraph (f) is added to subsection (1) of
298section 403.1651, Florida Statutes, to read:
299     403.1651  Ecosystem Management and Restoration Trust
300Fund.--
301     (1)  There is created the Ecosystem Management and
302Restoration Trust Fund to be administered by the Department of
303Environmental Protection for the purposes of:
304     (f)  Funding the Leah Schad Memorial Ocean Outfall Program
305under s. 403.08601.
306     Section 9.  Paragraph (b) of subsection (7) of section
307403.1835, Florida Statutes, is amended to read:
308     403.1835  Water pollution control financial assistance.--
309     (7)  Eligible projects must be given priority according to
310the extent each project is intended to remove, mitigate, or
311prevent adverse effects on surface or ground water quality and
312public health. The relative costs of achieving environmental and
313public health benefits must be taken into consideration during
314the department's assignment of project priorities. The
315department shall adopt a priority system by rule. In developing
316the priority system, the department shall give priority to
317projects that:
318     (b)  Enable compliance with laws requiring the elimination
319of discharges to specific water bodies, including the
320requirements of s. 403.086(9) relating to domestic wastewater
321ocean outfalls;
322     Section 10.  Paragraph (c) of subsection (6) of section
323163.3177, Florida Statutes, is amended to read:
324     163.3177  Required and optional elements of comprehensive
325plan; studies and surveys.--
326     (6)  In addition to the requirements of subsections (1)-(5)
327and (12), the comprehensive plan shall include the following
328elements:
329     (c)  A general sanitary sewer, solid waste, drainage,
330potable water, and natural groundwater aquifer recharge element
331correlated to principles and guidelines for future land use,
332indicating ways to provide for future potable water, drainage,
333sanitary sewer, solid waste, and aquifer recharge protection
334requirements for the area. The element may be a detailed
335engineering plan including a topographic map depicting areas of
336prime groundwater recharge. The element shall describe the
337problems and needs and the general facilities that will be
338required for solution of the problems and needs. The element
339shall also include a topographic map depicting any areas adopted
340by a regional water management district as prime groundwater
341recharge areas for the Floridan or Biscayne aquifers. These
342areas shall be given special consideration when the local
343government is engaged in zoning or considering future land use
344for said designated areas. For areas served by septic tanks,
345soil surveys shall be provided which indicate the suitability of
346soils for septic tanks. Within 18 months after the governing
347board approves an updated regional water supply plan, the
348element must incorporate the alternative water supply project or
349projects selected by the local government from those identified
350in the regional water supply plan pursuant to s. 373.0361(2)(a)
351or proposed by the local government under s. 373.0361(8)(7)(b).
352If a local government is located within two water management
353districts, the local government shall adopt its comprehensive
354plan amendment within 18 months after the later updated regional
355water supply plan. The element must identify such alternative
356water supply projects and traditional water supply projects and
357conservation and reuse necessary to meet the water needs
358identified in s. 373.0361(2)(a) within the local government's
359jurisdiction and include a work plan, covering at least a 10
360year planning period, for building public, private, and regional
361water supply facilities, including development of alternative
362water supplies, which are identified in the element as necessary
363to serve existing and new development. The work plan shall be
364updated, at a minimum, every 5 years within 18 months after the
365governing board of a water management district approves an
366updated regional water supply plan. Amendments to incorporate
367the work plan do not count toward the limitation on the
368frequency of adoption of amendments to the comprehensive plan.
369Local governments, public and private utilities, regional water
370supply authorities, special districts, and water management
371districts are encouraged to cooperatively plan for the
372development of multijurisdictional water supply facilities that
373are sufficient to meet projected demands for established
374planning periods, including the development of alternative water
375sources to supplement traditional sources of groundwater and
376surface water supplies.
377     Section 11.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.