Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 716
Barcode 162462
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/08/2012 02:36 PM .
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Senator Bogdanoff moved the following:
1 Senate Amendment (with title amendment)
2
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.
200
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.
208
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.;