Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for SB 934
Barcode 585666
LEGISLATIVE ACTION
Senate . House
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Senator Bogdanoff moved the following:
1 Senate Amendment (with title amendment)
2
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.
198
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.
206
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;