Bill Text: FL S0796 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Domestic Wastewater Discharge/Ocean Outfalls

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0796 Detail]

Download: Florida-2011-S0796-Introduced.html

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       Florida Senate - 2011                                     SB 796
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-00746-11                                            2011796__
    1                        A bill to be entitled                      
    2         An act relating to domestic wastewater discharged
    3         through ocean outfalls; amending s. 403.086, F.S.;
    4         postponing the dates by which domestic wastewater
    5         facilities must meet more stringent treatment and
    6         management requirements; providing exceptions and
    7         alternatives; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (b) through (e) of subsection (9) of
   12  section 403.086, Florida Statutes, are amended to read:
   13         403.086 Sewage disposal facilities; advanced and secondary
   14  waste treatment.—
   15         (9) The Legislature finds that the discharge of domestic
   16  wastewater through ocean outfalls wastes valuable water supplies
   17  that should be reclaimed for beneficial purposes to meet public
   18  and natural systems demands. The Legislature also finds that
   19  discharge of domestic wastewater through ocean outfalls
   20  compromises the coastal environment, quality of life, and local
   21  economies that depend on those resources. The Legislature
   22  declares that more stringent treatment and management
   23  requirements for such domestic wastewater and the subsequent,
   24  timely elimination of ocean outfalls as a primary means of
   25  domestic wastewater discharge are in the public interest.
   26         (b) With the exception of cumulative peak flows that do not
   27  exceed 10 percent of total annual flows, the discharge of
   28  domestic wastewater through ocean outfalls must shall meet
   29  advanced wastewater treatment and management requirements by
   30  December 31, 2023 no later than December 31, 2018. For purposes
   31  of this subsection, the term “advanced wastewater treatment and
   32  management requirements” means the advanced waste treatment
   33  requirements set forth in subsection (4), a reduction in outfall
   34  baseline loadings of total nitrogen and total phosphorus which
   35  is equivalent to that which would be achieved by the advanced
   36  waste treatment requirements in subsection (4), or a reduction
   37  in cumulative outfall loadings of total nitrogen and total
   38  phosphorus occurring between December 31, 2008, and December 31,
   39  2030 2025, which is equivalent to that which would be achieved
   40  if the advanced waste treatment requirements in subsection (4)
   41  were fully implemented beginning December 31, 2023 2018, and
   42  continued through December 31, 2030 2025. The department shall
   43  establish the average baseline loadings of total nitrogen and
   44  total phosphorus for each outfall using monitoring data
   45  available for calendar years 2003 through 2007 and shall
   46  establish required loading reductions based on this baseline.
   47  The baseline loadings and required loading reductions of total
   48  nitrogen and total phosphorus shall be expressed as an average
   49  annual daily loading value. The advanced wastewater treatment
   50  and management requirements of this paragraph shall be deemed to
   51  be met for any domestic wastewater facility discharging through
   52  an ocean outfall on July 1, 2008, which, by December 31, 2023,
   53  has installed no later than December 31, 2018, a fully
   54  operational reuse system comprising 100 percent of the
   55  facility’s annual average daily flow for reuse activities
   56  authorized by the department.
   57         (c) Each domestic wastewater facility that discharges
   58  through an ocean outfall on July 1, 2008, must shall install a
   59  functioning reuse system by December 31, 2030 no later than
   60  December 31, 2025. For purposes of this subsection, a
   61  “functioning reuse system” means an environmentally,
   62  economically, and technically feasible system that provides a
   63  minimum treatment capacity of 60 percent of the facility’s
   64  actual flow on an annual basis for irrigation of public access
   65  areas, residential properties, or agricultural crops; aquifer
   66  recharge; groundwater recharge; industrial cooling; or other
   67  acceptable reuse purposes authorized by the department. For
   68  purposes of this subsection, the term “facility’s actual flow on
   69  an annual basis” means the annual average flow of domestic
   70  wastewater discharging through the facility’s ocean outfall, as
   71  determined by the department, using monitoring data available
   72  for calendar years 2003 through 2007. Flows diverted from
   73  facilities to other facilities that provide 100 percent reuse of
   74  the diverted flows before prior to December 31, 2030 2025, shall
   75  be considered to contribute to meeting the 60 percent reuse
   76  requirement. For utilities operating more than one outfall, the
   77  reuse requirement can be met if the combined actual reuse flows
   78  from facilities served by the outfalls is at least 60 percent of
   79  the sum of the total actual flows from the facilities, including
   80  flows diverted to other facilities for 100 percent reuse before
   81  prior to December 31, 2030 2025. If, In the event treatment in
   82  addition to the advanced wastewater treatment and management
   83  requirements described in paragraph (b), treatment is needed in
   84  order to support a functioning reuse system, such treatment must
   85  shall be fully operational by December 31, 2030 no later than
   86  December 31, 2025. Utilities may also satisfy the reuse
   87  requirement by demonstrating that they have a functioning reuse
   88  system equivalent to 60 percent of the total average daily
   89  wastewater flows of their entire wastewater system by December
   90  31, 2030.
   91         (d) With the exception of cumulative peak flows that do not
   92  exceed 10 percent of total annual flows, the discharge of
   93  domestic wastewater through ocean outfalls is prohibited after
   94  December 31, 2030 2025, except as a backup discharge that is
   95  part of a functioning reuse system authorized by the department
   96  as provided for in paragraph (c). A backup discharge may occur
   97  only during periods of reduced demand for reclaimed water in the
   98  reuse system, such as periods of wet weather, and must shall
   99  comply with the advanced wastewater treatment and management
  100  requirements of paragraph (b).
  101         (e) The holder of a department permit authorizing the
  102  discharge of domestic wastewater through an ocean outfall as of
  103  July 1, 2008, shall submit the following to the secretary of the
  104  department the following:
  105         1. A detailed plan to meet the requirements of this
  106  subsection, including the an identification of all land
  107  acquisition and facilities necessary to provide for reuse of the
  108  domestic wastewater; an analysis of the costs to meet the
  109  requirements; and a financing plan for meeting the requirements,
  110  including identifying any actions necessary to implement the
  111  financing plan, such as bond issuance or other borrowing,
  112  assessments, rate increases, fees, other charges, or other
  113  financing mechanisms. The plan must shall include a detailed
  114  schedule for the completion of all necessary actions and shall
  115  be accompanied by supporting data and other documentation. The
  116  plan must shall be submitted by July 1, 2018 no later than July
  117  1, 2013.
  118         2. By July 1, 2021 No later than July 1, 2016, an update of
  119  the plan required in subparagraph 1. documenting any refinements
  120  or changes in the costs, actions, or financing necessary to
  121  eliminate the ocean outfall discharge in accordance with this
  122  subsection or a written statement that the plan is current and
  123  accurate.
  124         Section 2. This act shall take effect July 1, 2011.