Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 934
                                Barcode 585666                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

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