2013 Legislature                                   CS for SB 444
    2         An act relating to domestic wastewater discharged
    3         through ocean outfalls; amending s. 403.086, F.S.;
    4         revising the measurement standard for the wastewater
    5         flow; revising the requirements for installation of a
    6         functioning reuse system by a utility that had a
    7         permit for a domestic wastewater facility on a
    8         specified date to discharge through ocean outfall;
    9         revising the definition of the term “functioning reuse
   10         system”; changing the term “facility’s actual flow on
   11         an annual basis” to “baseline flow”; revising plan
   12         requirements for the elimination of ocean outfalls;
   13         providing that certain utilities that shared a common
   14         ocean outfall on a specified date are individually
   15         responsible for meeting the reuse requirement;
   16         requiring that the Department of Environmental
   17         Protection approve certain apportionment of reuse if a
   18         facility contracts with another facility to install a
   19         functioning reuse system; requiring a facility that
   20         contracts with another facility to provide a copy of
   21         the contract to the department; revising provisions
   22         authorizing the backup discharge of domestic
   23         wastewater through ocean outfalls; requiring a holder
   24         of a department permit authorizing the discharge of
   25         domestic wastewater through an ocean outfall to submit
   26         certain information; deleting an obsolete provision;
   27         requiring the Department of Environmental Protection,
   28         the South Florida Water Management District, and
   29         affected utilities to consider certain information for
   30         the purpose of adjusting reuse requirements; requiring
   31         the department to submit a report to the Legislature;
   32         providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Subsection (9) of section 403.086, Florida
   37  Statutes, is amended to read:
   38         403.086 Sewage disposal facilities; advanced and secondary
   39  waste treatment.—
   40         (9) The Legislature finds that the discharge of domestic
   41  wastewater through ocean outfalls wastes valuable water supplies
   42  that should be reclaimed for beneficial purposes to meet public
   43  and natural systems demands. The Legislature also finds that
   44  discharge of domestic wastewater through ocean outfalls
   45  compromises the coastal environment, quality of life, and local
   46  economies that depend on those resources. The Legislature
   47  declares that more stringent treatment and management
   48  requirements for such domestic wastewater and the subsequent,
   49  timely elimination of ocean outfalls as a primary means of
   50  domestic wastewater discharge are in the public interest.
   51         (a) The construction of new ocean outfalls for domestic
   52  wastewater discharge and the expansion of existing ocean
   53  outfalls for this purpose, along with associated pumping and
   54  piping systems, are prohibited. Each domestic wastewater ocean
   55  outfall shall be limited to the discharge capacity specified in
   56  the department permit authorizing the outfall in effect on July
   57  1, 2008, which discharge capacity shall not be increased.
   58  Maintenance of existing, department-authorized domestic
   59  wastewater ocean outfalls and associated pumping and piping
   60  systems is allowed, subject to the requirements of this section.
   61  The department is directed to work with the United States
   62  Environmental Protection Agency to ensure that the requirements
   63  of this subsection are implemented consistently for all domestic
   64  wastewater facilities in the state Florida which discharge
   65  through ocean outfalls.
   66         (b) The discharge of domestic wastewater through ocean
   67  outfalls must shall meet advanced wastewater treatment and
   68  management requirements by no later than December 31, 2018. For
   69  purposes of this subsection, the term “advanced wastewater
   70  treatment and management requirements” means the advanced waste
   71  treatment requirements set forth in subsection (4), a reduction
   72  in outfall baseline loadings of total nitrogen and total
   73  phosphorus which is equivalent to that which would be achieved
   74  by the advanced waste treatment requirements in subsection (4),
   75  or a reduction in cumulative outfall loadings of total nitrogen
   76  and total phosphorus occurring between December 31, 2008, and
   77  December 31, 2025, which is equivalent to that which would be
   78  achieved if the advanced waste treatment requirements in
   79  subsection (4) were fully implemented beginning December 31,
   80  2018, and continued through December 31, 2025. The department
   81  shall establish the average baseline loadings of total nitrogen
   82  and total phosphorus for each outfall using monitoring data
   83  available for calendar years 2003 through 2007 and shall
   84  establish required loading reductions based on this baseline.
   85  The baseline loadings and required loading reductions of total
   86  nitrogen and total phosphorus shall be expressed as an average
   87  annual daily loading value. The advanced wastewater treatment
   88  and management requirements of this paragraph are shall be
   89  deemed to be met for any domestic wastewater facility
   90  discharging through an ocean outfall on July 1, 2008, which has
   91  installed by no later than December 31, 2018, a fully
   92  operational reuse system comprising 100 percent of the
   93  facility’s baseline flow on an annual basis average daily flow
   94  for reuse activities authorized by the department.
   95         (c)1. Each utility that had a permit for a domestic
   96  wastewater facility that discharged discharges through an ocean
   97  outfall on July 1, 2008, must shall install, or cause to be
   98  installed, a functioning reuse system within the utility’s
   99  service area or, by contract with another utility, within Miami
  100  Dade, Broward, or Palm Beach Counties by no later than December
  101  31, 2025. For purposes of this subsection, a “functioning reuse
  102  system” means an environmentally, economically, and technically
  103  feasible system that provides a minimum of 60 percent of a the
  104  facility’s baseline actual flow on an annual basis for
  105  irrigation of public access areas, residential properties, or
  106  agricultural crops; aquifer recharge; groundwater recharge;
  107  industrial cooling; or other acceptable reuse purposes
  108  authorized by the department. For purposes of this subsection,
  109  the term “baseline flow” “facility’s actual flow on an annual
  110  basis” means the annual average flow of domestic wastewater
  111  discharging through the facility’s ocean outfall, as determined
  112  by the department, using monitoring data available for calendar
  113  years 2003 through 2007.
  114         2. Flows diverted from facilities to other facilities that
  115  provide 100 percent reuse of the diverted flows before prior to
  116  December 31, 2025, are shall be considered to contribute to
  117  meeting the 60 percent reuse requirement. For utilities
  118  operating more than one outfall, the reuse requirement may can
  119  be apportioned between the met if the combined actual reuse
  120  flows from facilities served by the outfalls is at least 60
  121  percent of the sum of the total actual flows from the
  122  facilities, including flows diverted to other facilities for 100
  123  percent reuse before prior to December 31, 2025. Utilities that
  124  shared a common ocean outfall for the discharge of domestic
  125  wastewater on July 1, 2008, regardless of which utility operates
  126  the ocean outfall, are individually responsible for meeting the
  127  reuse requirement and may enter into binding agreements to share
  128  or transfer such responsibility among the utilities. If In the
  129  event treatment in addition to the advanced wastewater treatment
  130  and management requirements described in paragraph (b) is needed
  131  in order to support a functioning reuse system, the such
  132  treatment must shall be fully operational by no later than
  133  December 31, 2025.
  134         3. If a facility that discharges through an ocean outfall
  135  contracts with another utility to install a functioning reuse
  136  system, the department must approve any apportionment of the
  137  reuse generated from the new or expanded reuse system that is
  138  intended to satisfy all or a portion of the reuse requirements
  139  pursuant to subparagraph 1. If a contract is between two
  140  utilities that have reuse requirements pursuant to subparagraph
  141  1., the reuse apportioned to each utility’s requirement may not
  142  exceed the total reuse generated by the new or expanded reuse
  143  system. A utility shall provide the department a copy of any
  144  contract with another utility that reflects an agreement between
  145  the utilities which is subject to the requirements of this
  146  subparagraph.
  147         (d) The discharge of domestic wastewater through ocean
  148  outfalls is prohibited after December 31, 2025, except as a
  149  backup discharge that is part of a functioning reuse system or
  150  other wastewater management system authorized by the department
  151  as provided for in paragraph (c). Except as otherwise provided
  152  in this subsection, a backup discharge may occur only during
  153  periods of reduced demand for reclaimed water in the reuse
  154  system, such as periods of wet weather, or as the result of peak
  155  flows from other wastewater management systems, and must shall
  156  comply with the advanced wastewater treatment and management
  157  requirements of paragraph (b). Peak flow backup discharges from
  158  other wastewater management systems may not cumulatively exceed
  159  5 percent of a facility’s baseline flow, measured as a 5-year
  160  rolling average, and are subject to applicable secondary waste
  161  treatment and water-quality-based effluent limitations specified
  162  in department rules. If peak flow backup discharges are in
  163  compliance with the effluent limitations, the discharges are
  164  deemed to meet the advanced wastewater treatment and management
  165  requirements of this subsection.
  166         (e) The holder of a department permit authorizing the
  167  discharge of domestic wastewater through an ocean outfall as of
  168  July 1, 2008, shall submit the following to the secretary of the
  169  department the following:
  170         1. A detailed plan to meet the requirements of this
  171  subsection, including the identification of the technical,
  172  environmental, and economic feasibility of various reuse
  173  options; the an identification of each all land acquisition and
  174  facility facilities necessary to provide for reuse of the
  175  domestic wastewater; an analysis of the costs to meet the
  176  requirements, including the level of treatment necessary to
  177  satisfy state water quality requirements and local water quality
  178  considerations and a cost comparison of reuse using flows from
  179  ocean outfalls and flows from other domestic wastewater sources;
  180  and a financing plan for meeting the requirements, including
  181  identifying any actions necessary to implement the financing
  182  plan, such as bond issuance or other borrowing, assessments,
  183  rate increases, fees, other charges, or other financing
  184  mechanisms. The plan must evaluate reuse demand in the context
  185  of future regional water supply demands, the availability of
  186  traditional water supplies, the need for development of
  187  alternative water supplies, the degree to which various reuse
  188  options offset potable water supplies, and other factors
  189  considered in the Lower East Coast Regional Water Supply Plan of
  190  the South Florida Water Management District. The plan must shall
  191  include a detailed schedule for the completion of all necessary
  192  actions and shall be accompanied by supporting data and other
  193  documentation. The plan must shall be submitted by no later than
  194  July 1, 2013.
  195         2. By No later than July 1, 2016, an update of the plan
  196  required in subparagraph 1. documenting any refinements or
  197  changes in the costs, actions, or financing necessary to
  198  eliminate the ocean outfall discharge in accordance with this
  199  subsection or a written statement that the plan is current and
  200  accurate.
  201         (f) By December 31, 2009, and by December 31 every 5 years
  202  thereafter, the holder of a department permit authorizing the
  203  discharge of domestic wastewater through an ocean outfall shall
  204  submit to the secretary of the department a report summarizing
  205  the actions accomplished to date and the actions remaining and
  206  proposed to meet the requirements of this subsection, including
  207  progress toward meeting the specific deadlines set forth in
  208  paragraphs (b) through (e). The report shall include the
  209  detailed schedule for and status of the evaluation of reuse and
  210  disposal options, preparation of preliminary design reports,
  211  preparation and submittal of permit applications, construction
  212  initiation, construction progress milestones, construction
  213  completion, initiation of operation, and continuing operation
  214  and maintenance.
  215         (g) By No later than July 1, 2010, and by July 1 every 5
  216  years thereafter, the department shall submit a report to the
  217  Governor, the President of the Senate, and the Speaker of the
  218  House of Representatives on the implementation of this
  219  subsection. In the report, the department shall summarize
  220  progress to date, including the increased amount of reclaimed
  221  water provided and potable water offsets achieved, and identify
  222  any obstacles to continued progress, including all instances of
  223  substantial noncompliance.
  224         (h) By February 1, 2012, the department shall submit a
  225  report to the Governor and Legislature detailing the results and
  226  recommendations from phases 1 through 3 of its ongoing study on
  227  reclaimed water use.
  228         (h)(i) The renewal of each permit that authorizes the
  229  discharge of domestic wastewater through an ocean outfall as of
  230  July 1, 2008, must shall be accompanied by an order in
  231  accordance with s. 403.088(2)(e) and (f) which establishes an
  232  enforceable compliance schedule consistent with the requirements
  233  of this subsection.
  234         (i)(j) An entity that diverts wastewater flow from a
  235  receiving facility that discharges domestic wastewater through
  236  an ocean outfall must meet the 60 percent reuse requirement of
  237  paragraph (c). Reuse by the diverting entity of the diverted
  238  flows shall be credited to the diverting entity. The diverted
  239  flow shall also be correspondingly deducted from the receiving
  240  facility’s baseline actual flow on an annual basis from which
  241  the required reuse is calculated pursuant to paragraph (c), and
  242  the receiving facility’s reuse requirement shall be recalculated
  243  accordingly.
  245  The department, the South Florida Water Management District, and
  246  the affected utilities must consider the information in the
  247  detailed plan in paragraph (e) for the purpose of adjusting, as
  248  necessary, the reuse requirements of this subsection. The
  249  department shall submit a report to the Legislature by February
  250  15, 2015, containing recommendations for any changes necessary
  251  to the requirements of this subsection.
  252         Section 2. This act shall take effect July 1, 2013.