Bill Text: FL H0613 | 2011 | Regular Session | Comm Sub


Bill Title: Domestic Wastewater Discharged/Ocean Outfalls

Spectrum:

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0613 Detail]

Download: Florida-2011-H0613-Comm_Sub.html
CS/HB 613

1
A bill to be entitled
2An act relating to domestic wastewater discharged through
3ocean outfalls; amending s. 403.086, F.S.; postponing the
4dates by which domestic wastewater facilities must meet
5more stringent treatment and management requirements;
6providing exceptions; revising the definition of the term
7"functioning reuse system"; changing the term "facility's
8actual flow on an annual basis" to "baseline flow";
9revising plan requirements for the elimination of ocean
10outfalls; authorizing certain utilities to enter into
11binding agreements to share or transfer responsibility for
12meeting reuse requirements; requiring the Department of
13Environmental Protection, the South Florida Water
14Management District, and affected utilities to consider
15certain information for the purpose of adjusting reuse
16requirements; requiring the department to submit a report
17to the Legislature; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (9) of section 403.086, Florida
22Statutes, is amended to read:
23     403.086  Sewage disposal facilities; advanced and secondary
24waste treatment.-
25     (9)  The Legislature finds that the discharge of domestic
26wastewater through ocean outfalls wastes valuable water supplies
27that should be reclaimed for beneficial purposes to meet public
28and natural systems demands. The Legislature also finds that
29discharge of domestic wastewater through ocean outfalls
30compromises the coastal environment, quality of life, and local
31economies that depend on those resources. The Legislature
32declares that more stringent treatment and management
33requirements for such domestic wastewater and the subsequent,
34timely elimination of ocean outfalls as a primary means of
35domestic wastewater discharge are in the public interest.
36     (a)  The construction of new ocean outfalls for domestic
37wastewater discharge and the expansion of existing ocean
38outfalls for this purpose, along with associated pumping and
39piping systems, are prohibited. Each domestic wastewater ocean
40outfall shall be limited to the discharge capacity specified in
41the department permit authorizing the outfall in effect on July
421, 2008, which discharge capacity shall not be increased.
43Maintenance of existing, department-authorized domestic
44wastewater ocean outfalls and associated pumping and piping
45systems is allowed, subject to the requirements of this section.
46The department is directed to work with the United States
47Environmental Protection Agency to ensure that the requirements
48of this subsection are implemented consistently for all domestic
49wastewater facilities in Florida which discharge through ocean
50outfalls.
51     (b)  The discharge of domestic wastewater through ocean
52outfalls must shall meet advanced wastewater treatment and
53management requirements by December 31, 2023 no later than
54December 31, 2018. For purposes of this subsection, the term
55"advanced wastewater treatment and management requirements"
56means the advanced waste treatment requirements set forth in
57subsection (4), a reduction in outfall baseline loadings of
58total nitrogen and total phosphorus which is equivalent to that
59which would be achieved by the advanced waste treatment
60requirements in subsection (4), or a reduction in cumulative
61outfall loadings of total nitrogen and total phosphorus
62occurring between December 31, 2008, and December 31, 2025,
63which is equivalent to that which would be achieved if the
64advanced waste treatment requirements in subsection (4) were
65fully implemented beginning December 31, 2020 2018, and
66continued through December 31, 2025. The department shall
67establish the average baseline loadings of total nitrogen and
68total phosphorus for each outfall using monitoring data
69available for calendar years 2003 through 2007 and shall
70establish required loading reductions based on this baseline.
71The baseline loadings and required loading reductions of total
72nitrogen and total phosphorus shall be expressed as an average
73annual daily loading value. The advanced wastewater treatment
74and management requirements of this paragraph shall be deemed to
75be met for any domestic wastewater facility discharging through
76an ocean outfall on July 1, 2008, which has installed by no
77later than December 31, 2018, a fully operational reuse system
78comprising 100 percent of the facility's annual average daily
79flow for reuse activities authorized by the department.
80     (c)1.  Each utility that had a permit for a domestic
81wastewater facility that discharged discharges through an ocean
82outfall on July 1, 2008, must shall install a functioning reuse
83system by no later than December 31, 2025. For purposes of this
84subsection, a "functioning reuse system" means an
85environmentally, economically, and technically feasible system
86that provides a minimum of 60 percent of a the facility's
87baseline actual flow or, for utilities operating more than one
88facility, 60 percent of the utility's entire wastewater system
89flow on an annual basis on December 31, 2025. Reuse may be on an
90annual basis for irrigation of public access areas, residential
91properties, or agricultural crops; aquifer recharge of the
92Biscayne or Upper Floridan Aquifers; groundwater recharge;
93industrial cooling; or other acceptable reuse purposes
94authorized by the department. For purposes of this subsection,
95the term "baseline flow" "facility's actual flow on an annual
96basis" means the annual average flow of domestic wastewater
97discharging through the facility's ocean outfall, as determined
98by the department, using monitoring data available for calendar
99years 2003 through 2007.
100     2.  Flows diverted from facilities to other facilities that
101provide 100 percent reuse of the diverted flows before prior to
102December 31, 2025, shall be considered to contribute to meeting
103the 60 percent reuse requirement. For utilities operating more
104than one outfall, the reuse requirement may can be apportioned
105between the met if the combined actual reuse flows from
106facilities served by the outfalls is at least 60 percent of the
107sum of the total actual flows from the facilities, including
108flows diverted to other facilities for 100 percent reuse before
109prior to December 31, 2025. Utilities that shared a common ocean
110outfall for the discharge of domestic wastewater on July 1,
1112008, regardless of which utility operates the ocean outfall,
112are individually responsible for meeting the reuse requirement
113and may enter into binding agreements to share or transfer such
114responsibility among the utilities. In the event treatment in
115addition to the advanced wastewater treatment and management
116requirements described in paragraph (b) is needed in order to
117support a functioning reuse system, such treatment must shall be
118fully operational by no later than December 31, 2025.
119     (d)  The discharge of domestic wastewater through ocean
120outfalls is prohibited after December 31, 2025, except as a
121backup discharge that is part of a functioning reuse system or
122other wastewater management system authorized by the department
123as provided for in paragraph (c). Except as otherwise provided
124in this subsection, a backup discharge may occur only during
125periods of reduced demand for reclaimed water in the reuse
126system, such as periods of wet weather, or as the result of peak
127flows from other wastewater management systems and must shall
128comply with the advanced wastewater treatment and management
129requirements of paragraph (b). Peak flow backup discharges from
130other wastewater management systems may not cumulatively exceed
1315 percent of a facility's baseline flow, measured as a 5-year
132rolling average; are subject to applicable secondary waste
133treatment and water-quality-based effluent limitations specified
134in department rules; and, when in compliance with the effluent
135limitations, are deemed to meet the advanced wastewater
136treatment requirements of this subsection.
137     (e)  The holder of a department permit authorizing the
138discharge of domestic wastewater through an ocean outfall as of
139July 1, 2008, shall submit the following to the secretary of the
140department the following:
141     1.  A detailed plan to meet the requirements of this
142subsection, including the identification of the technical,
143environmental, and economic feasibility of various reuse
144options; the an identification of all land acquisition and
145facilities necessary to provide for reuse of the domestic
146wastewater; an analysis of the costs to meet the requirements,
147including the level of treatment necessary to satisfy state
148water quality requirements and local water quality
149considerations, and a comparative cost of reuse using flows from
150ocean outfalls and flows from other domestic wastewater sources;
151and a financing plan for meeting the requirements, including
152identifying any actions necessary to implement the financing
153plan, such as bond issuance or other borrowing, assessments,
154rate increases, fees, other charges, or other financing
155mechanisms. The plan must evaluate reuse demand in the context
156of future regional water supply demands, the availability of
157traditional water supplies, the need for development of
158alternative water supplies, the degree to which various reuse
159options offset potable water supplies, and other factors
160considered in the South Florida Water Management District's
161Lower East Coast Regional Water Supply Plan. The plan must shall
162include a detailed schedule for the completion of all necessary
163actions and shall be accompanied by supporting data and other
164documentation. The plan must shall be submitted by October 1,
1652014 no later than July 1, 2013.
166     2.  By July 1, 2018 No later than July 1, 2016, an update
167of the plan required in subparagraph 1. documenting any
168refinements or changes in the costs, actions, or financing
169necessary to eliminate the ocean outfall discharge in accordance
170with this subsection or a written statement that the plan is
171current and accurate.
172     (f)  By December 31, 2009, and by December 31 every 5 years
173thereafter, the holder of a department permit authorizing the
174discharge of domestic wastewater through an ocean outfall shall
175submit to the secretary of the department a report summarizing
176the actions accomplished to date and the actions remaining and
177proposed to meet the requirements of this subsection, including
178progress toward meeting the specific deadlines set forth in
179paragraphs (b) through (e). The report shall include the
180detailed schedule for and status of the evaluation of reuse and
181disposal options, preparation of preliminary design reports,
182preparation and submittal of permit applications, construction
183initiation, construction progress milestones, construction
184completion, initiation of operation, and continuing operation
185and maintenance.
186     (g)  No later than July 1, 2010, and by July 1 every 5
187years thereafter, the department shall submit a report to the
188Governor, the President of the Senate, and the Speaker of the
189House of Representatives on the implementation of this
190subsection. The report shall summarize progress to date,
191including the increased amount of reclaimed water provided and
192potable water offsets achieved, and identify any obstacles to
193continued progress, including all instances of substantial
194noncompliance.
195     (h)  By February 1, 2012, the department shall submit a
196report to the Governor and Legislature detailing the results and
197recommendations from phases 1 through 3 of its ongoing study on
198reclaimed water use.
199     (i)  The renewal of each permit that authorizes the
200discharge of domestic wastewater through an ocean outfall as of
201July 1, 2008, shall be accompanied by an order in accordance
202with s. 403.088(2)(e) and (f) which establishes an enforceable
203compliance schedule consistent with the requirements of this
204subsection.
205     (j)  An entity that diverts wastewater flow from a
206receiving facility that discharges domestic wastewater through
207an ocean outfall must meet the 60 percent reuse requirement of
208paragraph (c). Reuse by the diverting entity of the diverted
209flows shall be credited to the diverting entity. The diverted
210flow shall also be correspondingly deducted from the receiving
211facility's baseline actual flow on an annual basis from which
212the required reuse is calculated pursuant to paragraph (c), and
213the receiving facility's reuse requirement shall be recalculated
214accordingly.
215
216The department, the South Florida Water Management District, and
217the affected utilities must consider the information in the
218detailed plan under paragraph (e) for the purpose of adjusting,
219as necessary, the reuse requirements of this subsection. The
220department shall submit a report to the Legislature by February
22115, 2015, containing recommendations for any changes necessary
222to the requirements of this subsection.
223     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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