1 | A bill to be entitled |
2 | An act relating to domestic wastewater discharged through |
3 | ocean outfalls; amending s. 403.086, F.S.; postponing the |
4 | dates by which domestic wastewater facilities must meet |
5 | more stringent treatment and management requirements; |
6 | providing exceptions and alternatives; providing an |
7 | effective date. |
8 |
|
9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
|
11 | Section 1. Paragraphs (b) through (e) of subsection (9) of |
12 | section 403.086, Florida Statutes, are amended to read: |
13 | 403.086 Sewage disposal facilities; advanced and secondary |
14 | waste treatment.- |
15 | (9) The Legislature finds that the discharge of domestic |
16 | wastewater through ocean outfalls wastes valuable water supplies |
17 | that should be reclaimed for beneficial purposes to meet public |
18 | and natural systems demands. The Legislature also finds that |
19 | discharge of domestic wastewater through ocean outfalls |
20 | compromises the coastal environment, quality of life, and local |
21 | economies that depend on those resources. The Legislature |
22 | declares that more stringent treatment and management |
23 | requirements for such domestic wastewater and the subsequent, |
24 | timely elimination of ocean outfalls as a primary means of |
25 | domestic wastewater discharge are in the public interest. |
26 | (b) With the exception of cumulative peak flows that do |
27 | not exceed 10 percent of total annual flows, the discharge of |
28 | domestic wastewater through ocean outfalls must shall meet |
29 | advanced wastewater treatment and management requirements by |
30 | December 31, 2023 no later than December 31, 2018. For purposes |
31 | of this subsection, the term "advanced wastewater treatment and |
32 | management requirements" means the advanced waste treatment |
33 | requirements set forth in subsection (4), a reduction in outfall |
34 | baseline loadings of total nitrogen and total phosphorus which |
35 | is equivalent to that which would be achieved by the advanced |
36 | waste treatment requirements in subsection (4), or a reduction |
37 | in cumulative outfall loadings of total nitrogen and total |
38 | phosphorus occurring between December 31, 2008, and December 31, |
39 | 2030 2025, which is equivalent to that which would be achieved |
40 | if the advanced waste treatment requirements in subsection (4) |
41 | were fully implemented beginning December 31, 2023 2018, and |
42 | continued through December 31, 2030 2025. The department shall |
43 | establish the average baseline loadings of total nitrogen and |
44 | total phosphorus for each outfall using monitoring data |
45 | available for calendar years 2003 through 2007 and shall |
46 | establish required loading reductions based on this baseline. |
47 | The baseline loadings and required loading reductions of total |
48 | nitrogen and total phosphorus shall be expressed as an average |
49 | annual daily loading value. The advanced wastewater treatment |
50 | and management requirements of this paragraph shall be deemed to |
51 | be met for any domestic wastewater facility discharging through |
52 | an ocean outfall on July 1, 2008, which, by December 31, 2023, |
53 | has installed no later than December 31, 2018, a fully |
54 | operational reuse system comprising 100 percent of the |
55 | facility's annual average daily flow for reuse activities |
56 | authorized by the department. |
57 | (c) Each domestic wastewater facility that discharges |
58 | through an ocean outfall on July 1, 2008, must shall install a |
59 | functioning reuse system by December 31, 2030 no later than |
60 | December 31, 2025. For purposes of this subsection, a |
61 | "functioning reuse system" means an environmentally, |
62 | economically, and technically feasible system that provides a |
63 | minimum treatment capacity of 60 percent of the facility's |
64 | actual flow on an annual basis for irrigation of public access |
65 | areas, residential properties, or agricultural crops; aquifer |
66 | recharge; groundwater recharge; industrial cooling; or other |
67 | acceptable reuse purposes authorized by the department. For |
68 | purposes of this subsection, the term "facility's actual flow on |
69 | an annual basis" means the annual average flow of domestic |
70 | wastewater discharging through the facility's ocean outfall, as |
71 | determined by the department, using monitoring data available |
72 | for calendar years 2003 through 2007. Flows diverted from |
73 | facilities to other facilities that provide 100 percent reuse of |
74 | the diverted flows before prior to December 31, 2030 2025, shall |
75 | be considered to contribute to meeting the 60 percent reuse |
76 | requirement. For utilities operating more than one outfall, the |
77 | reuse requirement can be met if the combined actual reuse flows |
78 | from facilities served by the outfalls is at least 60 percent of |
79 | the sum of the total actual flows from the facilities, including |
80 | flows diverted to other facilities for 100 percent reuse before |
81 | prior to December 31, 2030 2025. If, In the event treatment in |
82 | addition to the advanced wastewater treatment and management |
83 | requirements described in paragraph (b), treatment is needed in |
84 | order to support a functioning reuse system, such treatment must |
85 | shall be fully operational by December 31, 2030 no later than |
86 | December 31, 2025. Utilities may also satisfy the reuse |
87 | requirement by demonstrating that they have a functioning reuse |
88 | system equivalent to 60 percent of the total average daily |
89 | wastewater flows of their entire wastewater system by December |
90 | 32, 2030. |
91 | (d) With the exception of cumulative peak flows that do |
92 | not exceed 10 percent of total annual flows, the discharge of |
93 | domestic wastewater through ocean outfalls is prohibited after |
94 | December 31, 2030 2025, except as a backup discharge that is |
95 | part of a functioning reuse system authorized by the department |
96 | as provided for in paragraph (c). A backup discharge may occur |
97 | only during periods of reduced demand for reclaimed water in the |
98 | reuse system, such as periods of wet weather, and must shall |
99 | comply with the advanced wastewater treatment and management |
100 | requirements of paragraph (b). |
101 | (e) The holder of a department permit authorizing the |
102 | discharge of domestic wastewater through an ocean outfall as of |
103 | July 1, 2008, shall submit the following to the secretary of the |
104 | department the following: |
105 | 1. A detailed plan to meet the requirements of this |
106 | subsection, including the an identification of all land |
107 | acquisition and facilities necessary to provide for reuse of the |
108 | domestic wastewater; an analysis of the costs to meet the |
109 | requirements; and a financing plan for meeting the requirements, |
110 | including identifying any actions necessary to implement the |
111 | financing plan, such as bond issuance or other borrowing, |
112 | assessments, rate increases, fees, other charges, or other |
113 | financing mechanisms. The plan must shall include a detailed |
114 | schedule for the completion of all necessary actions and shall |
115 | be accompanied by supporting data and other documentation. The |
116 | plan must shall be submitted by July 1, 2018 no later than July |
117 | 1, 2013. |
118 | 2. By July 1, 2021 No later than July 1, 2016, an update |
119 | of the plan required in subparagraph 1. documenting any |
120 | refinements or changes in the costs, actions, or financing |
121 | necessary to eliminate the ocean outfall discharge in accordance |
122 | with this subsection or a written statement that the plan is |
123 | current and accurate. |
124 | Section 2. This act shall take effect July 1, 2011. |