Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 216 Ì131272}Î131272 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/12/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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