CS/HB 613

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; revising the definition of the term
7	"functioning reuse system"; changing the term "facility's
8	actual flow on an annual basis" to "baseline flow";
9	revising plan requirements for the elimination of ocean
10	outfalls; authorizing certain utilities to enter into
11	binding agreements to share or transfer responsibility for
12	meeting reuse requirements; requiring the Department of
13	Environmental Protection, the South Florida Water
14	Management District, and affected utilities to consider
15	certain information for the purpose of adjusting reuse
16	requirements; requiring the department to submit a report
17	to the Legislature; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (9) of section 403.086, Florida
22	Statutes, is amended to read:
23	403.086  Sewage disposal facilities; advanced and secondary
24	waste treatment.-
25	(9)  The Legislature finds that the discharge of domestic
26	wastewater through ocean outfalls wastes valuable water supplies
27	that should be reclaimed for beneficial purposes to meet public
28	and natural systems demands. The Legislature also finds that
29	discharge of domestic wastewater through ocean outfalls
30	compromises the coastal environment, quality of life, and local
31	economies that depend on those resources. The Legislature
32	declares that more stringent treatment and management
33	requirements for such domestic wastewater and the subsequent,
34	timely elimination of ocean outfalls as a primary means of
35	domestic wastewater discharge are in the public interest.
36	(a)  The construction of new ocean outfalls for domestic
37	wastewater discharge and the expansion of existing ocean
38	outfalls for this purpose, along with associated pumping and
39	piping systems, are prohibited. Each domestic wastewater ocean
40	outfall shall be limited to the discharge capacity specified in
41	the department permit authorizing the outfall in effect on July
42	1, 2008, which discharge capacity shall not be increased.
43	Maintenance of existing, department-authorized domestic
44	wastewater ocean outfalls and associated pumping and piping
45	systems is allowed, subject to the requirements of this section.
46	The department is directed to work with the United States
47	Environmental Protection Agency to ensure that the requirements
48	of this subsection are implemented consistently for all domestic
49	wastewater facilities in Florida which discharge through ocean
50	outfalls.
51	(b)  The discharge of domestic wastewater through ocean
52	outfalls must shall meet advanced wastewater treatment and
53	management requirements by December 31, 2023 no later than
54	December 31, 2018. For purposes of this subsection, the term
55	"advanced wastewater treatment and management requirements"
56	means the advanced waste treatment requirements set forth in
57	subsection (4), a reduction in outfall baseline loadings of
58	total nitrogen and total phosphorus which is equivalent to that
59	which would be achieved by the advanced waste treatment
60	requirements in subsection (4), or a reduction in cumulative
61	outfall loadings of total nitrogen and total phosphorus
62	occurring between December 31, 2008, and December 31, 2025,
63	which is equivalent to that which would be achieved if the
64	advanced waste treatment requirements in subsection (4) were
65	fully implemented beginning December 31, 2020 2018, and
66	continued through December 31, 2025. The department shall
67	establish the average baseline loadings of total nitrogen and
68	total phosphorus for each outfall using monitoring data
69	available for calendar years 2003 through 2007 and shall
70	establish required loading reductions based on this baseline.
71	The baseline loadings and required loading reductions of total
72	nitrogen and total phosphorus shall be expressed as an average
73	annual daily loading value. The advanced wastewater treatment
74	and management requirements of this paragraph shall be deemed to
75	be met for any domestic wastewater facility discharging through
76	an ocean outfall on July 1, 2008, which has installed by no
77	later than December 31, 2018, a fully operational reuse system
78	comprising 100 percent of the facility's annual average daily
79	flow for reuse activities authorized by the department.
80	(c)1.  Each utility that had a permit for a domestic
81	wastewater facility that discharged discharges through an ocean
82	outfall on July 1, 2008, must shall install a functioning reuse
83	system by no later than December 31, 2025. For purposes of this
84	subsection, a "functioning reuse system" means an
85	environmentally, economically, and technically feasible system
86	that provides a minimum of 60 percent of a the facility's
87	baseline actual flow or, for utilities operating more than one
88	facility, 60 percent of the utility's entire wastewater system
89	flow on an annual basis on December 31, 2025. Reuse may be on an
90	annual basis for irrigation of public access areas, residential
91	properties, or agricultural crops; aquifer recharge of the
92	Biscayne or Upper Floridan Aquifers; groundwater recharge;
93	industrial cooling; or other acceptable reuse purposes
94	authorized by the department. For purposes of this subsection,
95	the term "baseline flow" "facility's actual flow on an annual
96	basis" means the annual average flow of domestic wastewater
97	discharging through the facility's ocean outfall, as determined
98	by the department, using monitoring data available for calendar
99	years 2003 through 2007.
100	2.  Flows diverted from facilities to other facilities that
101	provide 100 percent reuse of the diverted flows before prior to
102	December 31, 2025, shall be considered to contribute to meeting
103	the 60 percent reuse requirement. For utilities operating more
104	than one outfall, the reuse requirement may can be apportioned
105	between the met if the combined actual reuse flows from
106	facilities served by the outfalls is at least 60 percent of the
107	sum of the total actual flows from the facilities, including
108	flows diverted to other facilities for 100 percent reuse before
109	prior to December 31, 2025. Utilities that shared a common ocean
110	outfall for the discharge of domestic wastewater on July 1,
111	2008, regardless of which utility operates the ocean outfall,
112	are individually responsible for meeting the reuse requirement
113	and may enter into binding agreements to share or transfer such
114	responsibility among the utilities. In the event treatment in
115	addition to the advanced wastewater treatment and management
116	requirements described in paragraph (b) is needed in order to
117	support a functioning reuse system, such treatment must shall be
118	fully operational by no later than December 31, 2025.
119	(d)  The discharge of domestic wastewater through ocean
120	outfalls is prohibited after December 31, 2025, except as a
121	backup discharge that is part of a functioning reuse system or
122	other wastewater management system authorized by the department
123	as provided for in paragraph (c). Except as otherwise provided
124	in this subsection, a backup discharge may occur only during
125	periods of reduced demand for reclaimed water in the reuse
126	system, such as periods of wet weather, or as the result of peak
127	flows from other wastewater management systems and must shall
128	comply with the advanced wastewater treatment and management
129	requirements of paragraph (b). Peak flow backup discharges from
130	other wastewater management systems may not cumulatively exceed
131	5 percent of a facility's baseline flow, measured as a 5-year
132	rolling average; are subject to applicable secondary waste
133	treatment and water-quality-based effluent limitations specified
134	in department rules; and, when in compliance with the effluent
135	limitations, are deemed to meet the advanced wastewater
136	treatment requirements of this subsection.
137	(e)  The holder of a department permit authorizing the
138	discharge of domestic wastewater through an ocean outfall as of
139	July 1, 2008, shall submit the following to the secretary of the
140	department the following:
141	1.  A detailed plan to meet the requirements of this
142	subsection, including the identification of the technical,
143	environmental, and economic feasibility of various reuse
144	options; the an identification of all land acquisition and
145	facilities necessary to provide for reuse of the domestic
146	wastewater; an analysis of the costs to meet the requirements,
147	including the level of treatment necessary to satisfy state
148	water quality requirements and local water quality
149	considerations, and a comparative cost of reuse using flows from
150	ocean outfalls and flows from other domestic wastewater sources;
151	and a financing plan for meeting the requirements, including
152	identifying any actions necessary to implement the financing
153	plan, such as bond issuance or other borrowing, assessments,
154	rate increases, fees, other charges, or other financing
155	mechanisms. The plan must evaluate reuse demand in the context
156	of future regional water supply demands, the availability of
157	traditional water supplies, the need for development of
158	alternative water supplies, the degree to which various reuse
159	options offset potable water supplies, and other factors
160	considered in the South Florida Water Management District's
161	Lower East Coast Regional Water Supply Plan. The plan must shall
162	include a detailed schedule for the completion of all necessary
163	actions and shall be accompanied by supporting data and other
164	documentation. The plan must shall be submitted by October 1,
165	2014 no later than July 1, 2013.
166	2.  By July 1, 2018 No later than July 1, 2016, an update
167	of the plan required in subparagraph 1. documenting any
168	refinements or changes in the costs, actions, or financing
169	necessary to eliminate the ocean outfall discharge in accordance
170	with this subsection or a written statement that the plan is
171	current and accurate.
172	(f)  By December 31, 2009, and by December 31 every 5 years
173	thereafter, the holder of a department permit authorizing the
174	discharge of domestic wastewater through an ocean outfall shall
175	submit to the secretary of the department a report summarizing
176	the actions accomplished to date and the actions remaining and
177	proposed to meet the requirements of this subsection, including
178	progress toward meeting the specific deadlines set forth in
179	paragraphs (b) through (e). The report shall include the
180	detailed schedule for and status of the evaluation of reuse and
181	disposal options, preparation of preliminary design reports,
182	preparation and submittal of permit applications, construction
183	initiation, construction progress milestones, construction
184	completion, initiation of operation, and continuing operation
185	and maintenance.
186	(g)  No later than July 1, 2010, and by July 1 every 5
187	years thereafter, the department shall submit a report to the
188	Governor, the President of the Senate, and the Speaker of the
189	House of Representatives on the implementation of this
190	subsection. The report shall summarize progress to date,
191	including the increased amount of reclaimed water provided and
192	potable water offsets achieved, and identify any obstacles to
193	continued progress, including all instances of substantial
194	noncompliance.
195	(h)  By February 1, 2012, the department shall submit a
196	report to the Governor and Legislature detailing the results and
197	recommendations from phases 1 through 3 of its ongoing study on
198	reclaimed water use.
199	(i)  The renewal of each permit that authorizes the
200	discharge of domestic wastewater through an ocean outfall as of
201	July 1, 2008, shall be accompanied by an order in accordance
202	with s. 403.088(2)(e) and (f) which establishes an enforceable
203	compliance schedule consistent with the requirements of this
204	subsection.
205	(j)  An entity that diverts wastewater flow from a
206	receiving facility that discharges domestic wastewater through
207	an ocean outfall must meet the 60 percent reuse requirement of
208	paragraph (c). Reuse by the diverting entity of the diverted
209	flows shall be credited to the diverting entity. The diverted
210	flow shall also be correspondingly deducted from the receiving
211	facility's baseline actual flow on an annual basis from which
212	the required reuse is calculated pursuant to paragraph (c), and
213	the receiving facility's reuse requirement shall be recalculated
214	accordingly.
215
216	The department, the South Florida Water Management District, and
217	the affected utilities must consider the information in the
218	detailed plan under paragraph (e) for the purpose of adjusting,
219	as necessary, the reuse requirements of this subsection. The
220	department shall submit a report to the Legislature by February
221	15, 2015, containing recommendations for any changes necessary
222	to the requirements of this subsection.
223	Section 2.  This act shall take effect July 1, 2011.

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