Florida Senate - 2012                                     SB 724
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-00007A-12                                           2012724__
    1                        A bill to be entitled                      
    2         An act relating to domestic wastewater discharged
    3         through ocean outfalls; amending s. 403.086, F.S.;
    4         postponing the dates by which domestic wastewater
    5         facilities must meet more stringent treatment and
    6         management requirements; providing exceptions;
    7         revising the definition of the term “functioning reuse
    8         system”; changing the term “facility’s actual flow on
    9         an annual basis” to “baseline flow”; revising plan
   10         requirements for the elimination of ocean outfalls;
   11         providing that certain utilities that shared a common
   12         ocean outfall on a specified date are individually
   13         responsible for meeting the reuse requirement;
   14         authorizing those utilities to enter into binding
   15         agreements to share or transfer responsibility for
   16         meeting reuse requirements; revising provisions
   17         authorizing the backup discharge of domestic
   18         wastewater through ocean outfalls; requiring a holder
   19         of a department permit authorizing the discharge of
   20         domestic wastewater through an ocean outfall to submit
   21         certain information; requiring the Department of
   22         Environmental Protection, the South Florida Water
   23         Management District, and affected utilities to
   24         consider certain information for the purpose of
   25         adjusting reuse requirements; requiring the department
   26         to submit a report to the Legislature; providing an
   27         effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (9) of section 403.086, Florida
   32  Statutes, is amended to read:
   33         403.086 Sewage disposal facilities; advanced and secondary
   34  waste treatment.—
   35         (9) The Legislature finds that the discharge of domestic
   36  wastewater through ocean outfalls wastes valuable water supplies
   37  that should be reclaimed for beneficial purposes to meet public
   38  and natural systems demands. The Legislature also finds that
   39  discharge of domestic wastewater through ocean outfalls
   40  compromises the coastal environment, quality of life, and local
   41  economies that depend on those resources. The Legislature
   42  declares that more stringent treatment and management
   43  requirements for such domestic wastewater and the subsequent,
   44  timely elimination of ocean outfalls as a primary means of
   45  domestic wastewater discharge are in the public interest.
   46         (a) The construction of new ocean outfalls for domestic
   47  wastewater discharge and the expansion of existing ocean
   48  outfalls for this purpose, along with associated pumping and
   49  piping systems, are prohibited. Each domestic wastewater ocean
   50  outfall shall be limited to the discharge capacity specified in
   51  the department permit authorizing the outfall in effect on July
   52  1, 2008, which discharge capacity shall not be increased.
   53  Maintenance of existing, department-authorized domestic
   54  wastewater ocean outfalls and associated pumping and piping
   55  systems is allowed, subject to the requirements of this section.
   56  The department is directed to work with the United States
   57  Environmental Protection Agency to ensure that the requirements
   58  of this subsection are implemented consistently for all domestic
   59  wastewater facilities in Florida which discharge through ocean
   60  outfalls.
   61         (b) The discharge of domestic wastewater through ocean
   62  outfalls must shall meet advanced wastewater treatment and
   63  management requirements by December 31, 2020 no later than
   64  December 31, 2018. For purposes of this subsection, the term
   65  “advanced wastewater treatment and management requirements”
   66  means the advanced waste treatment requirements set forth in
   67  subsection (4), a reduction in outfall baseline loadings of
   68  total nitrogen and total phosphorus which is equivalent to that
   69  which would be achieved by the advanced waste treatment
   70  requirements in subsection (4), or a reduction in cumulative
   71  outfall loadings of total nitrogen and total phosphorus
   72  occurring between December 31, 2008, and December 31, 2025,
   73  which is equivalent to that which would be achieved if the
   74  advanced waste treatment requirements in subsection (4) were
   75  fully implemented beginning December 31, 2020 2018, and
   76  continued through December 31, 2025. The department shall
   77  establish the average baseline loadings of total nitrogen and
   78  total phosphorus for each outfall using monitoring data
   79  available for calendar years 2003 through 2007 and shall
   80  establish required loading reductions based on this baseline.
   81  The baseline loadings and required loading reductions of total
   82  nitrogen and total phosphorus shall be expressed as an average
   83  annual daily loading value. The advanced wastewater treatment
   84  and management requirements of this paragraph are shall be
   85  deemed to be met for any domestic wastewater facility
   86  discharging through an ocean outfall on July 1, 2008, which has
   87  installed by no later than December 31, 2018, a fully
   88  operational reuse system comprising 100 percent of the
   89  facility’s annual average daily flow for reuse activities
   90  authorized by the department.
   91         (c)1. Each utility that had a permit for a domestic
   92  wastewater facility that discharged discharges through an ocean
   93  outfall on July 1, 2008, must shall install a functioning reuse
   94  system by no later than December 31, 2025. For purposes of this
   95  subsection, a “functioning reuse system” means an
   96  environmentally, economically, and technically feasible system
   97  that provides a minimum of 60 percent of a the facility’s
   98  baseline actual flow or, for utilities operating more than one
   99  facility, 60 percent of the utility’s entire wastewater system
  100  flow on an annual basis on December 31, 2025. Reuse may be on an
  101  annual basis for irrigation of public access areas, residential
  102  properties, or agricultural crops; aquifer recharge; groundwater
  103  recharge; industrial cooling; or other acceptable reuse purposes
  104  authorized by the department. For purposes of this subsection,
  105  the term “baseline flow” “facility’s actual flow on an annual
  106  basis” means the annual average flow of domestic wastewater
  107  discharging through the facility’s ocean outfall, as determined
  108  by the department, using monitoring data available for calendar
  109  years 2003 through 2007.
  110         2. Flows diverted from facilities to other facilities that
  111  provide 100 percent reuse of the diverted flows before prior to
  112  December 31, 2025, are shall be considered to contribute to
  113  meeting the 60 percent reuse requirement. For utilities
  114  operating more than one outfall, the reuse requirement may can
  115  be apportioned between the met if the combined actual reuse
  116  flows from facilities served by the outfalls is at least 60
  117  percent of the sum of the total actual flows from the
  118  facilities, including flows diverted to other facilities for 100
  119  percent reuse before prior to December 31, 2025. Utilities that
  120  shared a common ocean outfall for the discharge of domestic
  121  wastewater on July 1, 2008, regardless of which utility operates
  122  the ocean outfall, are individually responsible for meeting the
  123  reuse requirement and may enter into binding agreements to share
  124  or transfer such responsibility among the utilities. If In the
  125  event treatment in addition to the advanced wastewater treatment
  126  and management requirements described in paragraph (b) is needed
  127  in order to support a functioning reuse system, the such
  128  treatment must shall be fully operational by no later than
  129  December 31, 2025.
  130         (d) The discharge of domestic wastewater through ocean
  131  outfalls is prohibited after December 31, 2025, except as a
  132  backup discharge that is part of a functioning reuse system or
  133  other wastewater management system authorized by the department
  134  as provided for in paragraph (c). Except as otherwise provided
  135  in this subsection, a backup discharge may occur only during
  136  periods of reduced demand for reclaimed water in the reuse
  137  system, such as periods of wet weather, or as the result of peak
  138  flows from other wastewater management systems, and must shall
  139  comply with the advanced wastewater treatment and management
  140  requirements of paragraph (b). Peak flow backup discharges from
  141  other wastewater management systems may not cumulatively exceed
  142  5 percent of a facility’s baseline flow, measured as a 5-year
  143  rolling average, and are subject to applicable secondary waste
  144  treatment and water-quality-based effluent limitations specified
  145  in department rules. When in compliance with the effluent
  146  limitations, the peak flow backup discharges shall be deemed to
  147  meet the advanced wastewater treatment and management
  148  requirements of this subsection.
  149         (e) The holder of a department permit authorizing the
  150  discharge of domestic wastewater through an ocean outfall as of
  151  July 1, 2008, shall submit the following to the secretary of the
  152  department the following:
  153         1. A detailed plan to meet the requirements of this
  154  subsection, including the identification of the technical,
  155  environmental, and economic feasibility of various reuse
  156  options; the an identification of all land acquisition and
  157  facilities necessary to provide for reuse of the domestic
  158  wastewater; an analysis of the costs to meet the requirements,
  159  including the level of treatment necessary to satisfy state
  160  water quality requirements and local water quality
  161  considerations and a cost comparison of reuse using flows from
  162  ocean outfalls and flows from other domestic wastewater sources;
  163  and a financing plan for meeting the requirements, including
  164  identifying any actions necessary to implement the financing
  165  plan, such as bond issuance or other borrowing, assessments,
  166  rate increases, fees, other charges, or other financing
  167  mechanisms. The plan must evaluate reuse demand in the context
  168  of future regional water supply demands, the availability of
  169  traditional water supplies, the need for development of
  170  alternative water supplies, the degree to which various reuse
  171  options offset potable water supplies, and other factors
  172  considered in the South Florida Water Management District’s
  173  Lower East Coast Regional Water Supply Plan. The plan must shall
  174  include a detailed schedule for the completion of all necessary
  175  actions and shall be accompanied by supporting data and other
  176  documentation. The plan must shall be submitted by October 1,
  177  2014 no later than July 1, 2013.
  178         2. By July 1, 2018 No later than July 1, 2016, an update of
  179  the plan required in subparagraph 1. documenting any refinements
  180  or changes in the costs, actions, or financing necessary to
  181  eliminate the ocean outfall discharge in accordance with this
  182  subsection or a written statement that the plan is current and
  183  accurate.
  184         (f) By December 31, 2009, and by December 31 every 5 years
  185  thereafter, the holder of a department permit authorizing the
  186  discharge of domestic wastewater through an ocean outfall shall
  187  submit to the secretary of the department a report summarizing
  188  the actions accomplished to date and the actions remaining and
  189  proposed to meet the requirements of this subsection, including
  190  progress toward meeting the specific deadlines set forth in
  191  paragraphs (b) through (e). The report shall include the
  192  detailed schedule for and status of the evaluation of reuse and
  193  disposal options, preparation of preliminary design reports,
  194  preparation and submittal of permit applications, construction
  195  initiation, construction progress milestones, construction
  196  completion, initiation of operation, and continuing operation
  197  and maintenance.
  198         (g) No later than July 1, 2010, and by July 1 every 5 years
  199  thereafter, the department shall submit a report to the
  200  Governor, the President of the Senate, and the Speaker of the
  201  House of Representatives on the implementation of this
  202  subsection. The report shall summarize progress to date,
  203  including the increased amount of reclaimed water provided and
  204  potable water offsets achieved, and identify any obstacles to
  205  continued progress, including all instances of substantial
  206  noncompliance.
  207         (h) By February 1, 2012, the department shall submit a
  208  report to the Governor and Legislature detailing the results and
  209  recommendations from phases 1 through 3 of its ongoing study on
  210  reclaimed water use.
  211         (i) The renewal of each permit that authorizes the
  212  discharge of domestic wastewater through an ocean outfall as of
  213  July 1, 2008, shall be accompanied by an order in accordance
  214  with s. 403.088(2)(e) and (f) which establishes an enforceable
  215  compliance schedule consistent with the requirements of this
  216  subsection.
  217         (j) An entity that diverts wastewater flow from a receiving
  218  facility that discharges domestic wastewater through an ocean
  219  outfall must meet the 60 percent reuse requirement of paragraph
  220  (c). Reuse by the diverting entity of the diverted flows shall
  221  be credited to the diverting entity. The diverted flow shall
  222  also be correspondingly deducted from the receiving facility’s
  223  baseline actual flow on an annual basis from which the required
  224  reuse is calculated pursuant to paragraph (c), and the receiving
  225  facility’s reuse requirement shall be recalculated accordingly.
  226  
  227  The department, the South Florida Water Management District, and
  228  the affected utilities must consider the information in the
  229  detailed plan under paragraph (e) for the purpose of adjusting,
  230  as necessary, the reuse requirements of this subsection. The
  231  department shall submit a report to the Legislature by February
  232  15, 2015, containing recommendations for any changes necessary
  233  to the requirements of this subsection.
  234         Section 2. This act shall take effect July 1, 2012.