Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 244
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Environmental Preservation and Conservation
       (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.1839, Florida Statutes, is created
    6  to read:
    7         403.1839Blue star collection system assessment and
    8  maintenance program.—
    9         (1)DEFINITIONS.—As used in this section, the terms:
   10         (a) “Domestic wastewater” has the same meaning as in s.
   11  367.021.
   12         (b) “Domestic wastewater collection system” has the same
   13  meaning as in s. 403.866.
   14         (c) “Program” means the blue star collection system
   15  assessment and maintenance program created pursuant to this
   16  section.
   17         (d)Sanitary sewer overflow” means the unauthorized
   18  overflow, spill, release, discharge or diversion of untreated or
   19  partially treated domestic wastewater.
   20         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
   21         (a)The implementation of domestic wastewater collection
   22  system assessment and maintenance practices has been shown to
   23  effectively limit sanitary sewer overflows and the unauthorized
   24  discharge of pathogens.
   25         (b)The voluntary implementation of domestic wastewater
   26  collection system assessment and maintenance practices beyond
   27  those required by law has the potential to further limit
   28  sanitary sewer overflows.
   29         (c)The unique geography, community, growth, size, and age
   30  of domestic wastewater collection systems across the state
   31  require diverse responses, using the best professional judgment
   32  of local utility operators, to ensure that programs designed to
   33  limit sanitary sewer overflows are effective.
   34         (3)ESTABLISHMENT AND PURPOSE.—There is established in the
   35  department a blue star collection system assessment and
   36  maintenance program. The purpose of this voluntary incentive
   37  program is to assist public and private utilities in limiting
   38  sanitary sewer overflows and the unauthorized discharge of
   39  pathogens.
   40         (4)APPROVAL AND STANDARDS.—
   41         (a)The department shall adopt rules to administer the
   42  program, including program certification standards, and shall
   43  review and, if appropriate, approve public and private domestic
   44  wastewater utilities that apply for certification under the
   45  program or that demonstrate continued compliance with program
   46  certification requirements pursuant to subsection (4)(c).
   47         (b)In order to be certified under the program, a utility
   48  must provide reasonable documentation that demonstrates that it
   49  meets the following certification standards:
   50         1.Implementation of periodic collection system and pump
   51  station structural condition assessments and the performance of
   52  as-needed maintenance and replacement.
   53         2. Adequate reinvestment by the utility in its collection
   54  system and pump station structural condition assessment and
   55  maintenance and replacement program to reasonably maintain the
   56  working integrity of the system and station.
   57         3.Implementation of a program designed to limit the
   58  presence of fats, roots, oils, and grease in the collection
   59  system.
   60         4.If the applicant is a public utility, the existence of a
   61  local law or building code requiring the private pump stations
   62  and lateral lines connecting to the public system to be free of:
   63         a.Cracks, holes, missing parts, or similar defects; and
   64         b.Direct stormwater connections that allow the direct
   65  inflow of stormwater into the private system and the public
   66  domestic wastewater collection system.
   67         5.Adoption of a power outage contingency plan that
   68  addresses mitigation of the impacts of power outages on the
   69  utility’s collection system and pump stations.
   70         (c)Program certifications expire after 5 years. During the
   71  5-year certification period, a utility must annually provide
   72  documentation to the department on the status of its
   73  implementation of the program and must demonstrate that it meets
   74  all program criteria in order to maintain its program
   75  certification.
   76         (5)PUBLICATION.—Beginning on January 1, 2020, the
   77  department shall annually publish on its website a list of
   78  certified blue star utilities.
   79         (6)FEDERAL PROGRAM PARTICIPATION.—The department shall
   80  allow public and private, nonprofit utilities to participate in
   81  the Clean Water State Revolving Fund Program for any purpose of
   82  the program which is consistent with federal requirements for
   83  participating in the Clean Water State Revolving Fund Program.
   84         (7)REDUCED PENALTIES.—In the calculation of penalties for
   85  a sanitary sewer overflow pursuant to s. 403.161, the department
   86  may reduce the penalty based on a utility’s status as a
   87  certified blue star utility in accordance with this section. The
   88  department may also reduce a penalty based on a certified blue
   89  star utility’s investment in assessment and maintenance
   90  activities to identify and address conditions that may cause
   91  sanitary sewer overflows or interruption of service to customers
   92  due to a physical condition or defect in the system.
   93         Section 2. Paragraph (c) of subsection (7) of section
   94  403.067, Florida Statutes, is amended to read:
   95         403.067 Establishment and implementation of total maximum
   96  daily loads.—
   99         (c) Best management practices.—
  100         1. The department, in cooperation with the water management
  101  districts and other interested parties, as appropriate, may
  102  develop suitable interim measures, best management practices, or
  103  other measures necessary to achieve the level of pollution
  104  reduction established by the department for nonagricultural
  105  nonpoint pollutant sources in allocations developed pursuant to
  106  subsection (6) and this subsection. These practices and measures
  107  may be adopted by rule by the department and the water
  108  management districts and, where adopted by rule, must shall be
  109  implemented by those parties responsible for nonagricultural
  110  nonpoint source pollution.
  111         2. The Department of Agriculture and Consumer Services may
  112  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  113  suitable interim measures, best management practices, or other
  114  measures necessary to achieve the level of pollution reduction
  115  established by the department for agricultural pollutant sources
  116  in allocations developed pursuant to subsection (6) and this
  117  subsection or for programs implemented pursuant to paragraph
  118  (12)(b). These practices and measures may be implemented by
  119  those parties responsible for agricultural pollutant sources and
  120  the department, the water management districts, and the
  121  Department of Agriculture and Consumer Services shall assist
  122  with implementation. In the process of developing and adopting
  123  rules for interim measures, best management practices, or other
  124  measures, the Department of Agriculture and Consumer Services
  125  must shall consult with the department, the Department of
  126  Health, the water management districts, representatives from
  127  affected farming groups, and environmental group
  128  representatives. Such rules must also incorporate provisions for
  129  a notice of intent to implement the practices and a system to
  130  assure the implementation of the practices, including site
  131  inspection and recordkeeping requirements.
  132         3. Where interim measures, best management practices, or
  133  other measures are adopted by rule, the effectiveness of such
  134  practices in achieving the levels of pollution reduction
  135  established in allocations developed by the department pursuant
  136  to subsection (6) and this subsection or in programs implemented
  137  pursuant to paragraph (12)(b) must be verified at representative
  138  sites by the department. The department shall use best
  139  professional judgment in making the initial verification that
  140  the best management practices are reasonably expected to be
  141  effective and, where applicable, must notify the appropriate
  142  water management district or the Department of Agriculture and
  143  Consumer Services of its initial verification before the
  144  adoption of a rule proposed pursuant to this paragraph.
  145  Implementation, in accordance with rules adopted under this
  146  paragraph, of practices that have been initially verified to be
  147  effective, or verified to be effective by monitoring at
  148  representative sites, by the department, shall provide a
  149  presumption of compliance with state water quality standards and
  150  release from the provisions of s. 376.307(5) for those
  151  pollutants addressed by the practices, and the department is not
  152  authorized to institute proceedings against the owner of the
  153  source of pollution to recover costs or damages associated with
  154  the contamination of surface water or groundwater caused by
  155  those pollutants. Research projects funded by the department, a
  156  water management district, or the Department of Agriculture and
  157  Consumer Services to develop or demonstrate interim measures or
  158  best management practices shall be granted a presumption of
  159  compliance with state water quality standards and a release from
  160  the provisions of s. 376.307(5). The presumption of compliance
  161  and release is limited to the research site and only for those
  162  pollutants addressed by the interim measures or best management
  163  practices. Eligibility for the presumption of compliance and
  164  release is limited to research projects on sites where the owner
  165  or operator of the research site and the department, a water
  166  management district, or the Department of Agriculture and
  167  Consumer Services have entered into a contract or other
  168  agreement that, at a minimum, specifies the research objectives,
  169  the cost-share responsibilities of the parties, and a schedule
  170  that details the beginning and ending dates of the project.
  171         4. Where water quality problems are demonstrated, despite
  172  the appropriate implementation, operation, and maintenance of
  173  best management practices and other measures required by rules
  174  adopted under this paragraph, the department, a water management
  175  district, or the Department of Agriculture and Consumer
  176  Services, in consultation with the department, shall institute a
  177  reevaluation of the best management practice or other measure.
  178  Should the reevaluation determine that the best management
  179  practice or other measure requires modification, the department,
  180  a water management district, or the Department of Agriculture
  181  and Consumer Services, as appropriate, must shall revise the
  182  rule to require implementation of the modified practice within a
  183  reasonable time period as specified in the rule.
  184         5. Agricultural records relating to processes or methods of
  185  production, costs of production, profits, or other financial
  186  information held by the Department of Agriculture and Consumer
  187  Services pursuant to subparagraphs 3. and 4. or pursuant to any
  188  rule adopted pursuant to subparagraph 2. are confidential and
  189  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  190  Constitution. Upon request, records made confidential and exempt
  191  pursuant to this subparagraph shall be released to the
  192  department or any water management district provided that the
  193  confidentiality specified by this subparagraph for such records
  194  is maintained.
  195         6. The provisions of subparagraphs 1. and 2. do not
  196  preclude the department or water management district from
  197  requiring compliance with water quality standards or with
  198  current best management practice requirements set forth in any
  199  applicable regulatory program authorized by law for the purpose
  200  of protecting water quality. Additionally, subparagraphs 1. and
  201  2. are applicable only to the extent that they do not conflict
  202  with any rules adopted by the department that are necessary to
  203  maintain a federally delegated or approved program.
  204         7.The department must provide a domestic wastewater
  205  utility that implements and maintains a program as a certified
  206  blue star utility in accordance with s. 403.1839 with a
  207  presumption of compliance with state water quality standards for
  208  pathogens when the utility demonstrates a history of compliance
  209  with wastewater disinfection requirements incorporated in the
  210  utility’s operating permit for any discharge into the impaired
  211  surface water.
  212         Section 3. Subsection (11) is added to section 403.087,
  213  Florida Statutes, to read:
  214         403.087 Permits; general issuance; denial; revocation;
  215  prohibition; penalty.—
  216         (11)Subject to the permit duration limits for a utility
  217  permitted pursuant to s. 403.0885, the department must issue a
  218  blue star utility certified pursuant to s. 403.1839 a 10-year
  219  permit, for the same fee and under the same conditions that
  220  apply to a 5-year permit, upon approval of its application for
  221  permit renewal, if the certified blue star utility demonstrates
  222  that it:
  223         (a)Is in compliance with any consent order or an
  224  accompanying administrative order related to its permit;
  225         (b)Does not have any pending enforcement action against it
  226  by the Environmental Protection Agency, the department, or a
  227  local program; and
  228         (c)If applicable, has submitted annual program
  229  implementation reports demonstrating progress in the
  230  implementation of the program.
  231         Section 4. Subsection (6) of section 403.161, Florida
  232  Statutes, is renumbered as subsection (7), and a new subsection
  233  (6) is added to that section, to read:
  234         403.161 Prohibitions, violation, penalty, intent.—
  235         (6) Notwithstanding any other law, the department may
  236  reduce a penalty based on the person’s investment in the
  237  assessment, maintenance, rehabilitation, or expansion of the
  238  permitted facility.
  239         Section 5. Paragraphs (a) and (b) of subsection (3) of
  240  section 403.1838, Florida Statutes, are amended to read:
  241         403.1838 Small Community Sewer Construction Assistance
  242  Act.—
  243         (3)(a) In accordance with rules adopted by the
  244  Environmental Regulation Commission under this section, the
  245  department may provide grants, from funds specifically
  246  appropriated for this purpose, to financially disadvantaged
  247  small communities and to private, nonprofit utilities serving
  248  financially disadvantaged small communities for up to 100
  249  percent of the costs of planning, assessing, designing,
  250  constructing, upgrading, or replacing wastewater collection,
  251  transmission, treatment, disposal, and reuse facilities,
  252  including necessary legal and administrative expenses. Grants
  253  issued pursuant to this section may also be used for planning
  254  and implementing domestic wastewater collection system
  255  assessment programs to identify conditions that may cause
  256  sanitary sewer overflows or interruption of service to customers
  257  due to a physical condition or defect in the system.
  258         (b) The rules of the Environmental Regulation Commission
  259  must:
  260         1. Require that projects to plan, assess, design,
  261  construct, upgrade, or replace wastewater collection,
  262  transmission, treatment, disposal, and reuse facilities be cost
  263  effective, environmentally sound, permittable, and
  264  implementable.
  265         2. Require appropriate user charges, connection fees, and
  266  other charges sufficient to ensure the long-term operation,
  267  maintenance, and replacement of the facilities constructed under
  268  each grant.
  269         3. Require grant applications to be submitted on
  270  appropriate forms with appropriate supporting documentation, and
  271  require records to be maintained.
  272         4. Establish a system to determine eligibility of grant
  273  applications.
  274         5. Establish a system to determine the relative priority of
  275  grant applications. The system must consider public health
  276  protection and water pollution abatement.
  277         6. Establish requirements for competitive procurement of
  278  engineering and construction services, materials, and equipment.
  279         7. Provide for termination of grants when program
  280  requirements are not met.
  281         Section 6. This act shall take effect July 1, 2018.
  283  ================= T I T L E  A M E N D M E N T ================
  284  And the title is amended as follows:
  285         Delete everything before the enacting clause
  286  and insert:
  287                        A bill to be entitled                      
  288         An act relating to domestic wastewater collection
  289         system assessment and maintenance; creating s.
  290         403.1839, F.S.; defining terms; providing legislative
  291         findings; establishing the blue star collection system
  292         assessment and maintenance program; specifying the
  293         purpose of the program; requiring the Department of
  294         Environmental Protection to adopt rules and review
  295         and, if appropriate, approve applications for
  296         certification under the program; requiring utilities
  297         applying for certification to provide reasonable
  298         documentation demonstrating that it meets specified
  299         certification standards; providing that certifications
  300         expire after a specified period of time; specifying
  301         requirements to maintain program certification;
  302         requiring the department to annually publish a list of
  303         certified blue star utilities, beginning on a
  304         specified date; requiring the department to allow
  305         public and private, nonprofit utilities to participate
  306         in the Clean Water State Revolving Fund Program for
  307         certain purposes; authorizing the department to reduce
  308         certain penalties for a certified utility under
  309         specified conditions; amending s. 403.067, F.S.;
  310         creating a presumption of compliance with certain
  311         total maximum daily load requirements for certified
  312         blue star utilities; amending s. 403.087, F.S.;
  313         requiring the department to provide extended operating
  314         permits when a certified blue star utility applies for
  315         permit renewal under certain conditions; amending s.
  316         403.161, F.S.; authorizing the department to reduce a
  317         penalty based on certain system investments for
  318         permitted facilities; amending s. 403.1838, F.S.;
  319         allowing for additional recipients and uses of Small
  320         Community Sewer Construction grants; providing an
  321         effective date.