Florida Senate - 2019 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 286 Ì720642ÃÎ720642 576-04090-19 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Agriculture, Environment, and General Government) 1 A bill to be entitled 2 An act relating to domestic wastewater collection 3 system assessment and maintenance; creating s. 4 403.1839, F.S.; providing definitions; providing 5 legislative findings; establishing the Blue Star 6 Collection System Assessment and Maintenance Program 7 and providing its purpose; requiring the Department of 8 Environmental Protection to adopt rules and review and 9 approve program applications for certification; 10 specifying the documentation utilities must submit to 11 qualify for certification; providing for certification 12 expiration and renewal; requiring the department to 13 revoke a utility’s program certification under certain 14 circumstances; providing for penalties for violations; 15 requiring the department to publish an annual list of 16 certified blue star utilities; requiring the 17 department to allow public and nonprofit utilities to 18 participate in the Clean Water State Revolving Fund 19 Program under certain conditions; authorizing the 20 department to reduce penalties for sanitary sewer 21 overflows at certified utilities and for investments 22 in certain assessment and maintenance activities; 23 amending s. 403.067, F.S.; creating a defensible 24 expectation of compliance with certain water quality 25 standards for certified utilities; amending s. 26 403.087, F.S.; requiring the department to issue 27 extended operating permits to certified utilities 28 under certain conditions; amending s. 403.161, F.S.; 29 authorizing the department to reduce penalties based 30 on certain system investments for permitted 31 facilities; amending s. 403.1838, F.S.; authorizing 32 additional recipients and uses of Small Community 33 Sewer Construction Assistance Act grants; revising 34 provisions to authorize the department, rather than 35 the Environmental Regulation Commission, to implement 36 rules for such grants; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 403.1839, Florida Statutes, is created 41 to read: 42 403.1839 Blue Star Collection System Assessment and 43 Maintenance Program.— 44 (1) DEFINITIONS.—As used in this section, the term: 45 (a) “Domestic wastewater” has the same meaning as in s. 46 367.021. 47 (b) “Domestic wastewater collection system” has the same 48 meaning as in s. 403.866. 49 (c) “Program” means the Blue Star Collection System 50 Assessment and Maintenance Program. 51 (d) “Sanitary sewer overflow” means the unauthorized 52 overflow, spill, release, discharge, or diversion of untreated 53 or partially treated domestic wastewater. 54 (2) LEGISLATIVE FINDINGS.—The Legislature finds that: 55 (a) The implementation of domestic wastewater collection 56 system assessment and maintenance practices has been shown to 57 effectively limit sanitary sewer overflows and the unauthorized 58 discharge of pathogens. 59 (b) The voluntary implementation of domestic wastewater 60 collection system assessment and maintenance practices beyond 61 those required by law has the potential to further limit 62 sanitary sewer overflows. 63 (c) The unique geography, community, growth, size, and age 64 of domestic wastewater collection systems across the state 65 require diverse responses, using the best professional judgment 66 of local utility operators, to ensure that programs designed to 67 limit sanitary sewer overflows are effective. 68 (3) ESTABLISHMENT AND PURPOSE.—There is established in the 69 department a Blue Star Collection System Assessment and 70 Maintenance Program. The purpose of this voluntary incentive 71 program is to assist public and private utilities in limiting 72 sanitary sewer overflows and the unauthorized discharge of 73 pathogens. 74 (4) APPROVAL, STANDARDS, AND VIOLATIONS.— 75 (a) The department shall adopt rules to administer the 76 program, including, at a minimum, the certification standards 77 for the program as provided in paragraph (b) and the violation 78 provisions as provided in paragraph (d), and shall review and 79 approve public and private domestic wastewater utilities that 80 apply for certification or renewal under the program and that 81 demonstrate maintenance of program certification pursuant to 82 paragraph (c) based upon the certification standards. 83 (b) A utility must provide, at a minimum, reasonable 84 documentation of the following certification standards in order 85 to be certified under the program: 86 1. The implementation of periodic collection system and 87 pump station structural condition assessments and the 88 performance of as-needed maintenance and replacements. 89 2. The rate of reinvestment determined necessary by the 90 utility to fully implement its collection system and pump 91 station structural condition assessment and maintenance and 92 replacement program. 93 3. The implementation of a program designed to limit the 94 presence of fats, roots, oils, and grease in the collection 95 system. 96 4. If the applicant is a public utility, a local law or 97 building code requiring the private pump stations and lateral 98 lines connecting to the public system to be free of: 99 a. Cracks, holes, missing parts, or similar defects; and 100 b. Direct stormwater connections that allow the direct 101 inflow of stormwater into the private system and the public 102 domestic wastewater collection system. 103 5. A power outage contingency plan that addresses 104 mitigation of the impacts of power outages on the utility’s 105 collection system and pump stations. 106 6. An infiltration and inflow reduction plan to minimize 107 infiltration and inflow throughout the utility’s collection 108 system. 109 (c)1. Program certifications shall expire after 5 years. A 110 utility shall document its implementation of the program on an 111 annual basis with the department and must demonstrate that the 112 utility meets all program standards or the department shall 113 revoke the utility’s program certification. 114 2. The approval of an application for renewal certification 115 must be based on the utility demonstrating maintenance of 116 program standards. A utility applying for renewal certification 117 must demonstrate maintenance of program standards and progress 118 in implementing the program or the department may not approve 119 the application. 120 3. The department may determine that a utility is not 121 meeting or maintaining program standards and may revoke the 122 utility’s program certification if the utility experiences 123 sanitary sewer overflows due to factors under the control of the 124 utility or if the utility violates any permit condition or any 125 applicable department rule or law. 126 (d) A utility that submits information or documentation to 127 the department pursuant to this section is subject to s. 128 403.161(1)(c). The department shall revoke the program 129 certification of a utility that knowingly submits false or 130 inaccurate information or documentation in an application for 131 certification under the program. 132 (5) PUBLICATION.—The department shall annually publish on 133 its website a list of certified blue star utilities beginning on 134 January 1, 2021. 135 (6) FEDERAL PROGRAM PARTICIPATION.—The department shall 136 allow public and nonprofit utilities to participate in the Clean 137 Water State Revolving Fund Program for any purpose of the 138 program that is consistent with federal requirements for 139 participating in the Clean Water State Revolving Fund Program. 140 (7) REDUCED PENALTIES.—In the calculation of penalties 141 pursuant to s. 403.161 for a sanitary sewer overflow, the 142 department may reduce the penalty based on a utility’s status as 143 a certified blue star utility in accordance with this section. 144 The department may also reduce a penalty based on a certified 145 blue star utility’s investment in assessment and maintenance 146 activities to identify and address conditions that may cause 147 sanitary sewer overflows or interruption of service to customers 148 due to a physical condition or defect in the system. 149 Section 2. Paragraph (c) of subsection (7) of section 150 403.067, Florida Statutes, is amended to read: 151 403.067 Establishment and implementation of total maximum 152 daily loads.— 153 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 154 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 155 (c) Best management practices.— 156 1. The department, in cooperation with the water management 157 districts and other interested parties, as appropriate, may 158 develop suitable interim measures, best management practices, or 159 other measures necessary to achieve the level of pollution 160 reduction established by the department for nonagricultural 161 nonpoint pollutant sources in allocations developed pursuant to 162 subsection (6) and this subsection. These practices and measures 163 may be adopted by rule by the department and the water 164 management districts and, where adopted by rule, shall be 165 implemented by those parties responsible for nonagricultural 166 nonpoint source pollution. 167 2. The Department of Agriculture and Consumer Services may 168 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 169 suitable interim measures, best management practices, or other 170 measures necessary to achieve the level of pollution reduction 171 established by the department for agricultural pollutant sources 172 in allocations developed pursuant to subsection (6) and this 173 subsection or for programs implemented pursuant to paragraph 174 (12)(b). These practices and measures may be implemented by 175 those parties responsible for agricultural pollutant sources and 176 the department, the water management districts, and the 177 Department of Agriculture and Consumer Services shall assist 178 with implementation. In the process of developing and adopting 179 rules for interim measures, best management practices, or other 180 measures, the Department of Agriculture and Consumer Services 181 shall consult with the department, the Department of Health, the 182 water management districts, representatives from affected 183 farming groups, and environmental group representatives. Such 184 rules must also incorporate provisions for a notice of intent to 185 implement the practices and a system to assure the 186 implementation of the practices, including site inspection and 187 recordkeeping requirements. 188 3. When
whereinterim measures, best management practices, 189 or other measures are adopted by rule, the effectiveness of such 190 practices in achieving the levels of pollution reduction 191 established in allocations developed by the department pursuant 192 to subsection (6) and this subsection or in programs implemented 193 pursuant to paragraph (12)(b) must be verified at representative 194 sites by the department. The department shall use best 195 professional judgment in making the initial verification that 196 the best management practices are reasonably expected to be 197 effective and, where applicable, must notify the appropriate 198 water management district or the Department of Agriculture and 199 Consumer Services of its initial verification before the 200 adoption of a rule proposed pursuant to this paragraph. 201 Implementation, in accordance with rules adopted under this 202 paragraph, of practices that have been initially verified to be 203 effective, or verified to be effective by monitoring at 204 representative sites, by the department, shall provide a 205 presumption of compliance with state water quality standards and 206 release from the provisions of s. 376.307(5) for those 207 pollutants addressed by the practices, and the department is not 208 authorized to institute proceedings against the owner of the 209 source of pollution to recover costs or damages associated with 210 the contamination of surface water or groundwater caused by 211 those pollutants. Research projects funded by the department, a 212 water management district, or the Department of Agriculture and 213 Consumer Services to develop or demonstrate interim measures or 214 best management practices shall be granted a presumption of 215 compliance with state water quality standards and a release from 216 the provisions of s. 376.307(5). The presumption of compliance 217 and release is limited to the research site and only for those 218 pollutants addressed by the interim measures or best management 219 practices. Eligibility for the presumption of compliance and 220 release is limited to research projects on sites where the owner 221 or operator of the research site and the department, a water 222 management district, or the Department of Agriculture and 223 Consumer Services have entered into a contract or other 224 agreement that, at a minimum, specifies the research objectives, 225 the cost-share responsibilities of the parties, and a schedule 226 that details the beginning and ending dates of the project. 227 4. When wherewater quality problems are demonstrated, 228 despite the appropriate implementation, operation, and 229 maintenance of best management practices and other measures 230 required by rules adopted under this paragraph, the department, 231 a water management district, or the Department of Agriculture 232 and Consumer Services, in consultation with the department, 233 shall institute a reevaluation of the best management practice 234 or other measure. Should the reevaluation determine that the 235 best management practice or other measure requires modification, 236 the department, a water management district, or the Department 237 of Agriculture and Consumer Services, as appropriate, shall 238 revise the rule to require implementation of the modified 239 practice within a reasonable time period as specified in the 240 rule. 241 5. Agricultural records relating to processes or methods of 242 production, costs of production, profits, or other financial 243 information held by the Department of Agriculture and Consumer 244 Services pursuant to subparagraphs 3. and 4. or pursuant to any 245 rule adopted pursuant to subparagraph 2. are confidential and 246 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 247 Constitution. Upon request, records made confidential and exempt 248 pursuant to this subparagraph shall be released to the 249 department or any water management district provided that the 250 confidentiality specified by this subparagraph for such records 251 is maintained. 252 6. The provisions ofSubparagraphs 1. and 2. do not 253 preclude the department or water management district from 254 requiring compliance with water quality standards or with 255 current best management practice requirements set forth in any 256 applicable regulatory program authorized by law for the purpose 257 of protecting water quality. Additionally, subparagraphs 1. and 258 2. are applicable only to the extent that they do not conflict 259 with any rules adopted by the department that are necessary to 260 maintain a federally delegated or approved program. 261 7. For the sole purpose of establishing a total maximum 262 daily load for pathogens in a surface water, the department must 263 provide a domestic wastewater utility with a defensible 264 expectation of compliance with state water quality standards for 265 fecal indicator bacteria when the utility implements and 266 maintains a program as a certified blue star utility in 267 accordance with s. 403.1839 and demonstrates a history of 268 compliance with wastewater disinfection requirements 269 incorporated in the utility’s operating permit for any discharge 270 into the impaired surface water. 271 Section 3. Subsection (11) is added to section 403.087, 272 Florida Statutes, to read: 273 403.087 Permits; general issuance; denial; revocation; 274 prohibition; penalty.— 275 (11) Subject to the permit duration limits for a utility 276 permitted pursuant to s. 403.0885, a blue star utility certified 277 pursuant to s. 403.1839 shall be issued a 10-year permit for the 278 same fee and under the same conditions as a 5-year permit upon 279 approval of its application for permit renewal by the department 280 if the certified blue star utility demonstrates that it: 281 (a) Is in compliance with any consent order or an 282 accompanying administrative order to its permit; 283 (b) Does not have any pending enforcement action against it 284 by the United States Environmental Protection Agency, the 285 department, or a local program; and 286 (c) If applicable, has submitted annual program 287 implementation reports demonstrating progress in the 288 implementation of the program. 289 Section 4. Present subsection (6) of section 403.161, 290 Florida Statutes, is redesignated as subsection (7), and a new 291 subsection (6) is added to that section, to read: 292 403.161 Prohibitions, violation, penalty, intent.— 293 (6) Notwithstanding any other law, the department may 294 reduce the amount of a penalty based on the person’s investment 295 in the assessment, maintenance, rehabilitation, or expansion of 296 the permitted facility. 297 Section 5. Subsection (2) and paragraphs (a) and (b) of 298 subsection (3) of section 403.1838, Florida Statutes, are 299 amended to read: 300 403.1838 Small Community Sewer Construction Assistance 301 Act.— 302 (2) The department shall use funds specifically 303 appropriated to award grants under this section to assist 304 financially disadvantaged small communities with their needs for 305 adequate sewer facilities. The department may use funds 306 specifically appropriated to award grants under this section to 307 assist nonprofit utilities providing wastewater services to 308 financially disadvantaged small communities. For purposes of 309 this section, the term “financially disadvantaged small 310 community” means a county, municipality, or special district 311 that has a population of 10,000 or fewer, according to the 312 latest decennial census, and a per capita annual income less 313 than the state per capita annual income as determined by the 314 United States Department of Commerce. For purposes of this 315 subsection, the term “special district” has the same meaning as 316 provided in s. 189.012 and includes only those special districts 317 whose public purpose includes water and sewer services, utility 318 systems and services, or wastewater systems and services. The 319 department may waive the population requirement for an 320 independent special district that serves fewer than 10,000 321 wastewater customers, is located within a watershed with an 322 adopted total maximum daily load or basin management action plan 323 for pollutants associated with domestic wastewater pursuant to 324 s. 403.067, and is wholly located within a rural area of 325 opportunity as defined in s. 288.0656. 326 (3)(a) In accordance with rules adopted by the department 327 Environmental Regulation Commissionunder this section, the 328 department may provide grants, from funds specifically 329 appropriated for this purpose, to financially disadvantaged 330 small communities and to nonprofit utilities serving financially 331 disadvantaged small communities for up to 100 percent of the 332 costs of planning, assessing, designing, constructing, 333 upgrading, or replacing wastewater collection, transmission, 334 treatment, disposal, and reuse facilities, including necessary 335 legal and administrative expenses. Grants issued pursuant to 336 this section may also be used for planning and implementing 337 domestic wastewater collection system assessment and maintenance 338 programs to identify conditions that may cause sanitary sewer 339 overflows or interruption of service to customers due to a 340 physical condition or defect in the system. 341 (b) The rules of the department Environmental Regulation342 Commissionmust: 343 1. Require that projects to plan, assess, design, 344 construct, upgrade, or replace wastewater collection, 345 transmission, treatment, disposal, and reuse facilities be cost 346 effective, environmentally sound, permittable, and 347 implementable. 348 2. Require appropriate user charges, connection fees, and 349 other charges sufficient to ensure the long-term operation, 350 maintenance, and replacement of the facilities constructed under 351 each grant. 352 3. Require grant applications to be submitted on 353 appropriate forms with appropriate supporting documentation, and 354 require records to be maintained. 355 4. Establish a system to determine eligibility of grant 356 applications. 357 5. Establish a system to determine the relative priority of 358 grant applications. The system must consider public health 359 protection and water pollution abatement. 360 6. Establish requirements for competitive procurement of 361 engineering and construction services, materials, and equipment. 362 7. Provide for termination of grants when program 363 requirements are not met. 364 Section 6. This act shall take effect July 1, 2019.