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 |
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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. |