Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 716
                                Barcode 162462                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/08/2012 02:36 PM       .                                

       Senator Bogdanoff moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 546 and 547
    4  insert:
    5         Section 13. 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, 2020 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 are shall be
   59  deemed to be met for any domestic wastewater facility
   60  discharging through an ocean outfall on July 1, 2008, which has
   61  installed by no later than December 31, 2018, a fully
   62  operational reuse system comprising 100 percent of the
   63  facility’s annual average daily flow for reuse activities
   64  authorized by the department.
   65         (c)1. Each utility that had a permit for a domestic
   66  wastewater facility that discharged discharges through an ocean
   67  outfall on July 1, 2008, must shall install a functioning reuse
   68  system by no later than December 31, 2025. For purposes of this
   69  subsection, a “functioning reuse system” means an
   70  environmentally, economically, and technically feasible system
   71  that provides a minimum of 60 percent of a the facility’s
   72  baseline actual flow or, for utilities operating more than one
   73  facility, 60 percent of the utility’s entire wastewater system
   74  flow on an annual basis on December 31, 2025. Reuse may be on an
   75  annual basis for irrigation of public access areas, residential
   76  properties, or agricultural crops; aquifer recharge; groundwater
   77  recharge; 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, are shall be considered to contribute to
   87  meeting the 60 percent reuse requirement. For utilities
   88  operating more than one outfall, the reuse requirement may can
   89  be apportioned between the met if the combined actual reuse
   90  flows from facilities served by the outfalls is at least 60
   91  percent of the sum of the total actual flows from the
   92  facilities, including flows diverted to other facilities for 100
   93  percent reuse before prior to December 31, 2025. Utilities that
   94  shared a common ocean outfall for the discharge of domestic
   95  wastewater on July 1, 2008, regardless of which utility operates
   96  the ocean outfall, are individually responsible for meeting the
   97  reuse requirement and may enter into binding agreements to share
   98  or transfer such responsibility among the utilities. If In the
   99  event treatment in addition to the advanced wastewater treatment
  100  and management requirements described in paragraph (b) is needed
  101  in order to support a functioning reuse system, the such
  102  treatment must shall be fully operational by no later than
  103  December 31, 2025.
  104         (d) The discharge of domestic wastewater through ocean
  105  outfalls is prohibited after December 31, 2025, except as a
  106  backup discharge that is part of a functioning reuse system or
  107  other wastewater management system authorized by the department
  108  as provided for in paragraph (c). Except as otherwise provided
  109  in this subsection, a backup discharge may occur only during
  110  periods of reduced demand for reclaimed water in the reuse
  111  system, such as periods of wet weather, or as the result of peak
  112  flows from other wastewater management systems, and must shall
  113  comply with the advanced wastewater treatment and management
  114  requirements of paragraph (b). Peak flow backup discharges from
  115  other wastewater management systems may not cumulatively exceed
  116  5 percent of a facility’s baseline flow, measured as a 5-year
  117  rolling average, and are subject to applicable secondary waste
  118  treatment and water-quality-based effluent limitations specified
  119  in department rules. When in compliance with the effluent
  120  limitations, the peak flow backup discharges shall be deemed to
  121  meet the advanced wastewater treatment and management
  122  requirements of this subsection.
  123         (e) The holder of a department permit authorizing the
  124  discharge of domestic wastewater through an ocean outfall as of
  125  July 1, 2008, shall submit the following to the secretary of the
  126  department the following:
  127         1. A detailed plan to meet the requirements of this
  128  subsection, including the identification of the technical,
  129  environmental, and economic feasibility of various reuse
  130  options; the an identification of all land acquisition and
  131  facilities necessary to provide for reuse of the domestic
  132  wastewater; an analysis of the costs to meet the requirements,
  133  including the level of treatment necessary to satisfy state
  134  water quality requirements and local water quality
  135  considerations and a cost comparison of reuse using flows from
  136  ocean outfalls and flows from other domestic wastewater sources;
  137  and a financing plan for meeting the requirements, including
  138  identifying any actions necessary to implement the financing
  139  plan, such as bond issuance or other borrowing, assessments,
  140  rate increases, fees, other charges, or other financing
  141  mechanisms. The plan must evaluate reuse demand in the context
  142  of future regional water supply demands, the availability of
  143  traditional water supplies, the need for development of
  144  alternative water supplies, the degree to which various reuse
  145  options offset potable water supplies, and other factors
  146  considered in the South Florida Water Management District’s
  147  Lower East Coast Regional Water Supply Plan. The plan must shall
  148  include a detailed schedule for the completion of all necessary
  149  actions and shall be accompanied by supporting data and other
  150  documentation. The plan must shall be submitted by October 1,
  151  2014 no later than July 1, 2013.
  152         2. By July 1, 2018 No later than July 1, 2016, an update of
  153  the plan required in subparagraph 1. documenting any refinements
  154  or changes in the costs, actions, or financing necessary to
  155  eliminate the ocean outfall discharge in accordance with this
  156  subsection or a written statement that the plan is current and
  157  accurate.
  158         (f) By December 31, 2009, and by December 31 every 5 years
  159  thereafter, the holder of a department permit authorizing the
  160  discharge of domestic wastewater through an ocean outfall shall
  161  submit to the secretary of the department a report summarizing
  162  the actions accomplished to date and the actions remaining and
  163  proposed to meet the requirements of this subsection, including
  164  progress toward meeting the specific deadlines set forth in
  165  paragraphs (b) through (e). The report shall include the
  166  detailed schedule for and status of the evaluation of reuse and
  167  disposal options, preparation of preliminary design reports,
  168  preparation and submittal of permit applications, construction
  169  initiation, construction progress milestones, construction
  170  completion, initiation of operation, and continuing operation
  171  and maintenance.
  172         (g) No later than July 1, 2010, and by July 1 every 5 years
  173  thereafter, the department shall submit a report to the
  174  Governor, the President of the Senate, and the Speaker of the
  175  House of Representatives on the implementation of this
  176  subsection. The report shall summarize progress to date,
  177  including the increased amount of reclaimed water provided and
  178  potable water offsets achieved, and identify any obstacles to
  179  continued progress, including all instances of substantial
  180  noncompliance.
  181         (h) By February 1, 2012, the department shall submit a
  182  report to the Governor and Legislature detailing the results and
  183  recommendations from phases 1 through 3 of its ongoing study on
  184  reclaimed water use.
  185         (i) The renewal of each permit that authorizes the
  186  discharge of domestic wastewater through an ocean outfall as of
  187  July 1, 2008, shall be accompanied by an order in accordance
  188  with s. 403.088(2)(e) and (f) which establishes an enforceable
  189  compliance schedule consistent with the requirements of this
  190  subsection.
  191         (j) An entity that diverts wastewater flow from a receiving
  192  facility that discharges domestic wastewater through an ocean
  193  outfall must meet the 60 percent reuse requirement of paragraph
  194  (c). Reuse by the diverting entity of the diverted flows shall
  195  be credited to the diverting entity. The diverted flow shall
  196  also be correspondingly deducted from the receiving facility’s
  197  baseline actual flow on an annual basis from which the required
  198  reuse is calculated pursuant to paragraph (c), and the receiving
  199  facility’s reuse requirement shall be recalculated accordingly.
  201  The department, the South Florida Water Management District, and
  202  the affected utilities must consider the information in the
  203  detailed plan under paragraph (e) for the purpose of adjusting,
  204  as necessary, the reuse requirements of this subsection. The
  205  department shall submit a report to the Legislature by February
  206  15, 2015, containing recommendations for any changes necessary
  207  to the requirements of this subsection.
  209  ================= T I T L E  A M E N D M E N T ================
  210         And the title is amended as follows:
  211         Delete line 67
  212  and insert:
  213         enforcement or cleanup; amending s. 403.086, F.S.;
  214         postponing the dates by which domestic wastewater
  215         facilities must meet more stringent treatment and
  216         management requirements; providing exceptions;
  217         revising the definition of the term “functioning reuse
  218         system”; changing the term “facility’s actual flow on
  219         an annual basis” to “baseline flow”; revising plan
  220         requirements for the elimination of ocean outfalls;
  221         providing that certain utilities that shared a common
  222         ocean outfall on a specified date are individually
  223         responsible for meeting the reuse requirement;
  224         authorizing those utilities to enter into binding
  225         agreements to share or transfer responsibility for
  226         meeting reuse requirements; revising provisions
  227         authorizing the backup discharge of domestic
  228         wastewater through ocean outfalls; requiring a holder
  229         of a department permit authorizing the discharge of
  230         domestic wastewater through an ocean outfall to submit
  231         certain information; requiring the Department of
  232         Environmental Protection, the South Florida Water
  233         Management District, and affected utilities to
  234         consider certain information for the purpose of
  235         adjusting reuse requirements; requiring the department
  236         to submit a report to the Legislature; amending s.
  237         403.087, F.S.;