Florida Senate - 2017                                    SB 1538
       By Senator Broxson
       1-00946-17                                            20171538__
    1                        A bill to be entitled                      
    2         An act relating to domestic wastewater; amending s.
    3         403.086, F.S.; requiring that all functioning reuse
    4         systems meet specified minimum baseline flow standards
    5         by specified dates; revising the plan that holders of
    6         permits authorizing discharge of domestic wastewater
    7         through an ocean outfall must submit to the Secretary
    8         of Environmental Protection; requiring an amendment
    9         and update to such plan by a specified date; deleting
   10         obsolete provisions; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (9) of section 403.086, Florida
   15  Statutes, is amended to read:
   16         403.086 Sewage disposal facilities; advanced and secondary
   17  waste treatment.—
   18         (9) The Legislature finds that the discharge of domestic
   19  wastewater through ocean outfalls wastes valuable water supplies
   20  that should be reclaimed for beneficial purposes to meet public
   21  and natural systems demands. The Legislature also finds that the
   22  discharge of domestic wastewater through ocean outfalls
   23  compromises the coastal environment, quality of life, and local
   24  economies that depend on those resources. The Legislature
   25  declares that more stringent treatment and management
   26  requirements for such domestic wastewater, and the subsequent,
   27  timely elimination of ocean outfalls as a primary means of
   28  domestic wastewater discharge, are in the public interest.
   29         (a) The construction of new ocean outfalls for domestic
   30  wastewater discharge and the expansion of existing ocean
   31  outfalls for this purpose, along with associated pumping and
   32  piping systems, are prohibited. Each domestic wastewater ocean
   33  outfall shall be limited to the discharge capacity specified in
   34  the department permit authorizing the outfall in effect on July
   35  1, 2008, which discharge capacity may shall not be increased.
   36  Maintenance of existing, department-authorized domestic
   37  wastewater ocean outfalls and associated pumping and piping
   38  systems is allowed, subject to the requirements of this section.
   39  The department is directed to work with the United States
   40  Environmental Protection Agency to ensure that the requirements
   41  of this subsection are implemented consistently for all domestic
   42  wastewater facilities in the state which discharge through ocean
   43  outfalls.
   44         (b) The discharge of domestic wastewater through ocean
   45  outfalls must meet advanced wastewater treatment and management
   46  requirements by December 31, 2018. For purposes of this
   47  subsection, the term “advanced wastewater treatment and
   48  management requirements” means the advanced waste treatment
   49  requirements set forth in subsection (4), a reduction in outfall
   50  baseline loadings of total nitrogen and total phosphorus which
   51  is equivalent to that which would be achieved by the advanced
   52  waste treatment requirements in subsection (4), or a reduction
   53  in cumulative outfall loadings of total nitrogen and total
   54  phosphorus occurring between December 31, 2008, and December 31,
   55  2025, which is equivalent to that which would be achieved if the
   56  advanced waste treatment requirements in subsection (4) were
   57  fully implemented beginning December 31, 2018, and continued
   58  through December 31, 2025. The department shall establish the
   59  average baseline loadings of total nitrogen and total phosphorus
   60  for each outfall using monitoring data available for calendar
   61  years 2003 through 2007 and establish required loading
   62  reductions based on this baseline. The baseline loadings and
   63  required loading reductions of total nitrogen and total
   64  phosphorus shall be expressed as an average annual daily loading
   65  value. The advanced wastewater treatment and management
   66  requirements of this paragraph are deemed met for any domestic
   67  wastewater facility discharging through an ocean outfall on July
   68  1, 2008, which has installed by December 31, 2018, a fully
   69  operational reuse system comprising 100 percent of the
   70  facility’s baseline flow on an annual basis for reuse activities
   71  authorized by the department.
   72         (c)1. Each utility that had a permit for a domestic
   73  wastewater facility that discharged through an ocean outfall on
   74  July 1, 2008, must install, or cause to be installed, a
   75  functioning reuse system within the utility’s service area or,
   76  by contract with another utility, within Miami-Dade County,
   77  Broward County, or Palm Beach County by December 31, 2025. For
   78  purposes of this subsection, a “functioning reuse system” means
   79  an environmentally, economically, and technically feasible
   80  system that provides a minimum of 60 percent of a facility’s
   81  baseline flow on an annual basis for irrigation of public access
   82  areas, residential properties, or agricultural crops; aquifer
   83  recharge; groundwater recharge; industrial cooling; or other
   84  acceptable reuse purposes authorized by the department. For
   85  purposes of this subsection, the term “baseline flow” means the
   86  annual average flow of domestic wastewater discharging through
   87  the facility’s ocean outfall, as determined by the department,
   88  using monitoring data available for calendar years 2003 through
   89  2007.
   90         2. Flows diverted from facilities to other facilities that
   91  provide 100 percent reuse of the diverted flows before December
   92  31, 2025, are considered to contribute to meeting the reuse
   93  requirement. For utilities operating more than one outfall, the
   94  reuse requirement may be apportioned between the facilities
   95  served by the outfalls, including flows diverted to other
   96  facilities for 100 percent reuse before December 31, 2025.
   97  Utilities that shared a common ocean outfall for the discharge
   98  of domestic wastewater on July 1, 2008, regardless of which
   99  utility operates the ocean outfall, are individually responsible
  100  for meeting the reuse requirement and may enter into binding
  101  agreements to share or transfer such responsibility among the
  102  utilities. If treatment in addition to the advanced wastewater
  103  treatment and management requirements described in paragraph (b)
  104  is needed to support a functioning reuse system, the treatment
  105  must be fully operational by December 31, 2025.
  106         3. If a facility that discharges through an ocean outfall
  107  contracts with another utility to install a functioning reuse
  108  system, the department must approve any apportionment of the
  109  reuse generated from the new or expanded reuse system that is
  110  intended to satisfy all or a portion of the reuse requirements
  111  pursuant to subparagraph 1. If a contract is between two
  112  utilities that have reuse requirements pursuant to subparagraph
  113  1., the reuse apportioned to each utility’s requirement may not
  114  exceed the total reuse generated by the new or expanded reuse
  115  system. A utility shall provide the department a copy of any
  116  contract with another utility that reflects an agreement between
  117  the utilities which is subject to the requirements of this
  118  subparagraph.
  119         4.By December 31, 2025, all functioning reuse systems must
  120  use a minimum of 80 percent of a permitted facility’s annual
  121  baseline flow, measured as a 5-year rolling average, and by
  122  December 31, 2028, a minimum of 95 percent of a permitted
  123  facility’s annual baseline flow, measured as a 5-year rolling
  124  average.
  125         (d) The discharge of domestic wastewater through ocean
  126  outfalls is prohibited after December 31, 2025, except as a
  127  backup discharge that is part of a functioning reuse system or
  128  other wastewater management system authorized by the department.
  129  Except as otherwise provided in this subsection, a backup
  130  discharge may occur only during periods of reduced demand for
  131  reclaimed water in the reuse system, such as periods of wet
  132  weather, or as the result of peak flows from other wastewater
  133  management systems, and must comply with the advanced wastewater
  134  treatment and management requirements of paragraph (b). Peak
  135  flow backup discharges from other wastewater management systems
  136  may not cumulatively exceed 5 percent of a facility’s baseline
  137  flow, measured as a 5-year rolling average, and are subject to
  138  applicable secondary waste treatment and water-quality-based
  139  effluent limitations specified in department rules. If peak flow
  140  backup discharges are in compliance with the effluent
  141  limitations, the discharges are deemed to meet the advanced
  142  wastewater treatment and management requirements of this
  143  subsection.
  144         (e) The holder of a department permit authorizing the
  145  discharge of domestic wastewater through an ocean outfall as of
  146  July 1, 2008, shall submit the following to the secretary of the
  147  department:
  148         1. A detailed plan to meet the requirements of this
  149  subsection, including the identification of the technical,
  150  environmental, and economic feasibility of various reuse
  151  options; the identification of each land acquisition and
  152  facility necessary to provide for reuse of the domestic
  153  wastewater; an analysis of the costs to meet the requirements,
  154  including the level of treatment necessary to satisfy state
  155  water quality requirements and local water quality
  156  considerations and a cost comparison of reuse using flows from
  157  ocean outfalls and flows from other domestic wastewater sources
  158  or from domestic wastewater being injected into the subsurface
  159  for disposal; and a financing plan for meeting the requirements,
  160  including identifying any actions necessary to implement the
  161  financing plan, such as bond issuance or other borrowing,
  162  assessments, rate increases, fees, other charges, or other
  163  financing mechanisms. The plan must evaluate reuse demand in the
  164  context of future regional water supply demands, the
  165  availability of traditional water supplies, the availability of
  166  potential reuse water being injected into the subsurface for
  167  disposal, the need for development of alternative water
  168  supplies, the degree to which various reuse options offset
  169  potable water supplies, and other factors considered in the
  170  Lower East Coast Regional Water Supply Plan of the South Florida
  171  Water Management District. The plan must include a detailed
  172  schedule for the completion of all necessary actions and be
  173  accompanied by supporting data and other documentation. The plan
  174  must be submitted by July 1, 2013.
  175         2. By December 31, 2018, an amendment and update of the
  176  plan required under subparagraph 1. specifically documenting
  177  each of the requirements of subparagraph 1. By July 1, 2016, an
  178  update of the plan required in subparagraph 1. documenting any
  179  refinements or changes in the costs, actions, or financing
  180  necessary to eliminate the ocean outfall discharge in accordance
  181  with this subsection or a written statement that the plan is
  182  current and accurate.
  183         (f) By December 31, 2009, and by December 31 every 5 years
  184  thereafter, the holder of a department permit authorizing the
  185  discharge of domestic wastewater through an ocean outfall shall
  186  submit to the secretary of the department a report summarizing
  187  the actions accomplished to date and the actions remaining and
  188  proposed to meet the requirements of this subsection, including
  189  progress toward meeting the specific deadlines set forth in
  190  paragraphs (b) through (e). The report shall include the
  191  detailed schedule for and status of the evaluation of reuse and
  192  disposal options, preparation of preliminary design reports,
  193  preparation and submittal of permit applications, construction
  194  initiation, construction progress milestones, construction
  195  completion, initiation of operation, and continuing operation
  196  and maintenance.
  197         (g) By July 1, 2010, and by July 1 every 5 years
  198  thereafter, the department shall submit a report to the
  199  Governor, the President of the Senate, and the Speaker of the
  200  House of Representatives on the implementation of this
  201  subsection. In the report, the department shall summarize
  202  progress to date, including the increased amount of reclaimed
  203  water provided and potable water offsets achieved, and identify
  204  any obstacles to continued progress, including all instances of
  205  substantial noncompliance.
  206         (h) The renewal of each permit that authorizes the
  207  discharge of domestic wastewater through an ocean outfall as of
  208  July 1, 2008, must be accompanied by an order in accordance with
  209  s. 403.088(2)(e) and (f) which establishes an enforceable
  210  compliance schedule consistent with the requirements of this
  211  subsection.
  212         (i) An entity that diverts wastewater flow from a receiving
  213  facility that discharges domestic wastewater through an ocean
  214  outfall must meet the reuse requirement of paragraph (c). Reuse
  215  by the diverting entity of the diverted flows shall be credited
  216  to the diverting entity. The diverted flow shall also be
  217  correspondingly deducted from the receiving facility’s baseline
  218  flow from which the required reuse is calculated pursuant to
  219  paragraph (c), and the receiving facility’s reuse requirement
  220  shall be recalculated accordingly.
  222  The department, the South Florida Water Management District, and
  223  the affected utilities must consider the information in the
  224  detailed plan in paragraph (e) for the purpose of adjusting, as
  225  necessary, the reuse requirements of this subsection. The
  226  department shall submit a report to the Legislature by February
  227  15, 2015, containing recommendations for any changes necessary
  228  to the requirements of this subsection.
  229         Section 2. This act shall take effect July 1, 2017.