Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 244 Ì381734.Î381734 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 403.1839, Florida Statutes, is created 6 to read: 7 403.1839 Blue 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.— 97 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 98 IMPLEMENTATION OF TOTAL MAXIMUM 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
shallbe 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 shallconsult 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 shallrevise 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. 282 283 ================= 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.