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 and alternatives; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraphs (b) through (e) of subsection (9) of
12section 403.086, Florida Statutes, are amended to read:
13     403.086  Sewage disposal facilities; advanced and secondary
14waste treatment.-
15     (9)  The Legislature finds that the discharge of domestic
16wastewater through ocean outfalls wastes valuable water supplies
17that should be reclaimed for beneficial purposes to meet public
18and natural systems demands. The Legislature also finds that
19discharge of domestic wastewater through ocean outfalls
20compromises the coastal environment, quality of life, and local
21economies that depend on those resources. The Legislature
22declares that more stringent treatment and management
23requirements for such domestic wastewater and the subsequent,
24timely elimination of ocean outfalls as a primary means of
25domestic wastewater discharge are in the public interest.
26     (b)  With the exception of cumulative peak flows that do
27not exceed 10 percent of total annual flows, the discharge of
28domestic wastewater through ocean outfalls must shall meet
29advanced wastewater treatment and management requirements by
30December 31, 2023 no later than December 31, 2018. For purposes
31of this subsection, the term "advanced wastewater treatment and
32management requirements" means the advanced waste treatment
33requirements set forth in subsection (4), a reduction in outfall
34baseline loadings of total nitrogen and total phosphorus which
35is equivalent to that which would be achieved by the advanced
36waste treatment requirements in subsection (4), or a reduction
37in cumulative outfall loadings of total nitrogen and total
38phosphorus occurring between December 31, 2008, and December 31,
392030 2025, which is equivalent to that which would be achieved
40if the advanced waste treatment requirements in subsection (4)
41were fully implemented beginning December 31, 2023 2018, and
42continued through December 31, 2030 2025. The department shall
43establish the average baseline loadings of total nitrogen and
44total phosphorus for each outfall using monitoring data
45available for calendar years 2003 through 2007 and shall
46establish required loading reductions based on this baseline.
47The baseline loadings and required loading reductions of total
48nitrogen and total phosphorus shall be expressed as an average
49annual daily loading value. The advanced wastewater treatment
50and management requirements of this paragraph shall be deemed to
51be met for any domestic wastewater facility discharging through
52an ocean outfall on July 1, 2008, which, by December 31, 2023,
53has installed no later than December 31, 2018, a fully
54operational reuse system comprising 100 percent of the
55facility's annual average daily flow for reuse activities
56authorized by the department.
57     (c)  Each domestic wastewater facility that discharges
58through an ocean outfall on July 1, 2008, must shall install a
59functioning reuse system by December 31, 2030 no later than
60December 31, 2025. For purposes of this subsection, a
61"functioning reuse system" means an environmentally,
62economically, and technically feasible system that provides a
63minimum treatment capacity of 60 percent of the facility's
64actual flow on an annual basis for irrigation of public access
65areas, residential properties, or agricultural crops; aquifer
66recharge; groundwater recharge; industrial cooling; or other
67acceptable reuse purposes authorized by the department. For
68purposes of this subsection, the term "facility's actual flow on
69an annual basis" means the annual average flow of domestic
70wastewater discharging through the facility's ocean outfall, as
71determined by the department, using monitoring data available
72for calendar years 2003 through 2007. Flows diverted from
73facilities to other facilities that provide 100 percent reuse of
74the diverted flows before prior to December 31, 2030 2025, shall
75be considered to contribute to meeting the 60 percent reuse
76requirement. For utilities operating more than one outfall, the
77reuse requirement can be met if the combined actual reuse flows
78from facilities served by the outfalls is at least 60 percent of
79the sum of the total actual flows from the facilities, including
80flows diverted to other facilities for 100 percent reuse before
81prior to December 31, 2030 2025. If, In the event treatment in
82addition to the advanced wastewater treatment and management
83requirements described in paragraph (b), treatment is needed in
84order to support a functioning reuse system, such treatment must
85shall be fully operational by December 31, 2030 no later than
86December 31, 2025. Utilities may also satisfy the reuse
87requirement by demonstrating that they have a functioning reuse
88system equivalent to 60 percent of the total average daily
89wastewater flows of their entire wastewater system by December
9032, 2030.
91     (d)  With the exception of cumulative peak flows that do
92not exceed 10 percent of total annual flows, the discharge of
93domestic wastewater through ocean outfalls is prohibited after
94December 31, 2030 2025, except as a backup discharge that is
95part of a functioning reuse system authorized by the department
96as provided for in paragraph (c). A backup discharge may occur
97only during periods of reduced demand for reclaimed water in the
98reuse system, such as periods of wet weather, and must shall
99comply with the advanced wastewater treatment and management
100requirements of paragraph (b).
101     (e)  The holder of a department permit authorizing the
102discharge of domestic wastewater through an ocean outfall as of
103July 1, 2008, shall submit the following to the secretary of the
104department the following:
105     1.  A detailed plan to meet the requirements of this
106subsection, including the an identification of all land
107acquisition and facilities necessary to provide for reuse of the
108domestic wastewater; an analysis of the costs to meet the
109requirements; and a financing plan for meeting the requirements,
110including identifying any actions necessary to implement the
111financing plan, such as bond issuance or other borrowing,
112assessments, rate increases, fees, other charges, or other
113financing mechanisms. The plan must shall include a detailed
114schedule for the completion of all necessary actions and shall
115be accompanied by supporting data and other documentation. The
116plan must shall be submitted by July 1, 2018 no later than July
1171, 2013.
118     2.  By July 1, 2021 No later than July 1, 2016, an update
119of the plan required in subparagraph 1. documenting any
120refinements or changes in the costs, actions, or financing
121necessary to eliminate the ocean outfall discharge in accordance
122with this subsection or a written statement that the plan is
123current and accurate.
124     Section 2.  This act shall take effect July 1, 2011.


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