Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 216
       
       
       
       
       
       
                                Ì131272}Î131272                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2019           .                                
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       The Committee on Environment and Natural Resources (Gruters)
       recommended the following:
       
    1         Senate Amendment to Amendment (354422) (with title
    2  amendment)
    3  
    4         Delete lines 35 - 103
    5  and insert:
    6         Section 2. Present subsection (4) of section 403.141,
    7  Florida Statutes, is redesignated as subsection (5), and a new
    8  subsection (4) is added to that section, to read:
    9         403.141 Civil liability; joint and several liability.—
   10         (4) In addition to the civil penalty limitation set forth
   11  in subsection (1), a wastewater treatment facility that
   12  unlawfully discharges 1,000 gallons or more of raw or partially
   13  treated sewage into any waterway or aquifer, in violation of the
   14  conditions set forth in a permit issued pursuant to s. 403.0885,
   15  must:
   16         (a) Remit to the department a penalty of $1 for each gallon
   17  of sewage discharged; or
   18         (b) Calculate or provide an estimate of the number of
   19  gallons of sewage discharged and, with the department’s
   20  approval, spend $2 per gallon to upgrade and repair the
   21  wastewater system to prevent future unlawful discharges. Such
   22  funds may be used to smoke test sewer lines, repair and replace
   23  sewer mains and laterals, repair manholes, purchase and maintain
   24  generators for lift stations, increase wastewater treatment
   25  facility capacity, and provide incremental nutrient reduction
   26  technology.
   27         1. If a wastewater treatment facility is unable to
   28  calculate or estimate the volume discharged, the facility must
   29  remit to the department a minimum penalty of $10,000.
   30         2. If the cost of all potential repairs and upgrades is
   31  less than the calculated penalty amount, the total funds used to
   32  perform repairs and upgrades may not exceed the cost identified.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete lines 117 - 126
   37  and insert:
   38         notifications; amending s. 403.141, F.S.; providing
   39         penalties for wastewater treatment facilities that
   40         unlawfully discharge a specified volume of sewage into
   41         designated areas; providing an