Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 796
                                Barcode 265808                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2011           .                                

       The Committee on Environmental Preservation and Conservation
       (Sobel) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (b), (c), (d), (e), and (j) of
    6  subsection (9) of section 403.086, Florida Statutes, are amended
    7  to read:
    8         403.086 Sewage disposal facilities; advanced and secondary
    9  waste treatment.—
   10         (9) The Legislature finds that the discharge of domestic
   11  wastewater through ocean outfalls wastes valuable water supplies
   12  that should be reclaimed for beneficial purposes to meet public
   13  and natural systems demands. The Legislature also finds that
   14  discharge of domestic wastewater through ocean outfalls
   15  compromises the coastal environment, quality of life, and local
   16  economies that depend on those resources. The Legislature
   17  declares that more stringent treatment and management
   18  requirements for such domestic wastewater and the subsequent,
   19  timely elimination of ocean outfalls as a primary means of
   20  domestic wastewater discharge are in the public interest.
   21         (b) The discharge of domestic wastewater through ocean
   22  outfalls shall meet advanced wastewater treatment and management
   23  requirements no later than December 31, 2018. For purposes of
   24  this subsection, the term “advanced wastewater treatment and
   25  management requirements” means the advanced waste treatment
   26  requirements set forth in subsection (4), a reduction in outfall
   27  baseline loadings of total nitrogen and total phosphorus which
   28  is equivalent to that which would be achieved by the advanced
   29  waste treatment requirements in subsection (4), or a reduction
   30  in cumulative outfall loadings of total nitrogen and total
   31  phosphorus occurring between December 31, 2008, and December 31,
   32  2030 2025, which is equivalent to that which would be achieved
   33  if the advanced waste treatment requirements in subsection (4)
   34  were fully implemented beginning December 31, 2023 2018, and
   35  continued through December 31, 2030 2025. The department shall
   36  establish the average baseline loadings of total nitrogen and
   37  total phosphorus for each outfall using monitoring data
   38  available for calendar years 2003 through 2007 and shall
   39  establish required loading reductions based on this baseline.
   40  The baseline loadings and required loading reductions of total
   41  nitrogen and total phosphorus shall be expressed as an average
   42  annual daily loading value. The advanced wastewater treatment
   43  and management requirements of this paragraph shall be deemed to
   44  be met for any domestic wastewater facility discharging through
   45  an ocean outfall on July 1, 2008, which has installed no later
   46  than December 31, 2018, a fully operational reuse system
   47  comprising 100 percent of the facility’s annual average daily
   48  flow for reuse activities authorized by the department.
   49         (c)1. Each utility that had a permit for a domestic
   50  wastewater facility that discharged discharges through an ocean
   51  outfall on July 1, 2008, shall install a functioning reuse
   52  system no later than December 31, 2030 2025. For purposes of
   53  this subsection, a “functioning reuse system” means an
   54  environmentally, economically, and technically feasible system
   55  that provides a minimum of 60 percent of a the facility’s
   56  baseline actual flow or, for utilities operating more than one
   57  facility, 60 percent of the utility’s entire wastewater system
   58  flow on an annual basis on December 31, 2030. Reuse may be on an
   59  annual basis for irrigation of public access areas, residential
   60  properties, or agricultural crops; aquifer recharge of the
   61  Biscayne or Upper Floridan Aquifers; groundwater recharge;
   62  industrial cooling; or other acceptable reuse purposes
   63  authorized by the department. For purposes of this subsection,
   64  the term “baseline facility’s actual flow on an annual basis”
   65  means the annual average flow of domestic wastewater discharging
   66  through the facility’s ocean outfall, as determined by the
   67  department, using monitoring data available for calendar years
   68  2003 through 2007.
   69         2. Flows diverted from facilities to other facilities that
   70  provide 100 percent reuse of the diverted flows prior to
   71  December 31, 2030 2025, shall be considered to contribute to
   72  meeting the 60 percent reuse requirement. For utilities
   73  operating more than one outfall, the reuse requirement may can
   74  be apportioned between the met if the combined actual reuse
   75  flows from facilities served by the outfalls is at least 60
   76  percent of the sum of the total actual flows from the
   77  facilities, including flows diverted to other facilities for 100
   78  percent reuse prior to December 31, 2030 2025. Utilities that
   79  shared a common ocean outfall for the discharge of domestic
   80  wastewater on July 1, 2008, regardless of which utility operates
   81  the ocean outfall, are individually responsible for meeting the
   82  reuse requirement and may enter into binding agreements to share
   83  or transfer such responsibility among the utilities. In the
   84  event treatment in addition to the advanced wastewater treatment
   85  and management requirements described in paragraph (b) is needed
   86  in order to support a functioning reuse system, such treatment
   87  shall be fully operational no later than December 31, 2030 2025.
   88         (d) The discharge of domestic wastewater through ocean
   89  outfalls is prohibited after December 31, 2030 2025, except as a
   90  backup discharge that is part of a functioning reuse system or
   91  other wastewater management system authorized by the department
   92  as provided for in paragraph (c). A backup discharge may occur
   93  only during periods of reduced demand for reclaimed water in the
   94  reuse system, such as periods of wet weather, or as the result
   95  of peak flows from other wastewater management systems and shall
   96  comply with the advanced wastewater treatment and management
   97  requirements of paragraph (b). Backup discharges may not
   98  cumulatively exceed 5 percent of a facility’s baseline flow,
   99  measured as a 5-year rolling average, are subject to applicable
  100  technology and water-quality-based effluent limitations
  101  specified in department rules, and, when in compliance with the
  102  effluent limitations, are deemed to meet the advanced wastewater
  103  treatment requirements of this subsection. A backup discharge is
  104  authorized and deemed to meet the advanced wastewater treatment
  105  requirements of this subsection for any domestic wastewater
  106  facility discharging through an ocean outfall on July 1, 2008,
  107  which has installed by December 31, 2018, a fully operational
  108  reuse system comprising 100 percent of the facility’s annual
  109  average daily flow for reuse activities authorized by the
  110  department.
  111         (e) The holder of a department permit authorizing the
  112  discharge of domestic wastewater through an ocean outfall as of
  113  July 1, 2008, shall submit to the secretary of the department
  114  the following:
  115         1. A detailed plan to meet the requirements of this
  116  subsection, including an identification of the technical,
  117  environmental, and economic feasibility of various reuse
  118  options; an identification of all land acquisition and
  119  facilities necessary to provide for reuse of the domestic
  120  wastewater; an analysis of the costs to meet the requirements,
  121  including the level of treatment necessary to satisfy state
  122  water quality requirements and local water quality
  123  considerations, and a comparative cost of reuse using flows from
  124  ocean outfalls and flows from other domestic wastewater sources;
  125  and a financing plan for meeting the requirements, including
  126  identifying any actions necessary to implement the financing
  127  plan, such as bond issuance or other borrowing, assessments,
  128  rate increases, fees, other charges, or other financing
  129  mechanisms. The plan shall evaluate reuse demand in the context
  130  of future regional water supply demands, the availability of
  131  traditional water supplies, the need for development of
  132  alternative water supplies, the degree to which various reuse
  133  options offset potable water supplies, and other factors
  134  considered in the South Florida Water Management District’s
  135  Lower East Coast Regional Water Supply Plan. The plan shall
  136  include a detailed schedule for the completion of all necessary
  137  actions and shall be accompanied by supporting data and other
  138  documentation. The plan shall be submitted no later than July 1,
  139  2018 2013.
  140         2. No later than July 1, 2021 2016, an update of the plan
  141  required in subparagraph 1. documenting any refinements or
  142  changes in the costs, actions, or financing necessary to
  143  eliminate the ocean outfall discharge in accordance with this
  144  subsection or a written statement that the plan is current and
  145  accurate.
  147  The department, the South Florida Water Management District, and
  148  the affected utilities shall consider the information in the
  149  detailed plan for the purpose of adjusting, as necessary, the
  150  reuse requirements of this subsection. The department shall
  151  submit a report to the Legislature by February 15, 2019,
  152  containing recommendations for any changes necessary to the
  153  requirements of this subsection.
  154         (j) An entity that diverts wastewater flow from a receiving
  155  facility that discharges domestic wastewater through an ocean
  156  outfall must meet the 60 percent reuse requirement of paragraph
  157  (c). Reuse by the diverting entity of the diverted flows shall
  158  be credited to the diverting entity. The diverted flow shall
  159  also be correspondingly deducted from the receiving facility’s
  160  baseline actual flow on an annual basis from which the required
  161  reuse is calculated pursuant to paragraph (c), and the receiving
  162  facility’s reuse requirement shall be recalculated accordingly.
  163         Section 2. This act shall take effect July 1, 2011.
  165  ================= T I T L E  A M E N D M E N T ================
  166         And the title is amended as follows:
  167         Delete everything before the enacting clause
  168  and insert:
  169                        A bill to be entitled                      
  170         An act relating to domestic wastewater ocean outfalls;
  171         amending s. 403.086, F.S.; postponing the dates by
  172         which domestic wastewater facilities must meet more
  173         stringent treatment and management requirements for
  174         the discharge of domestic wastewater; defining the
  175         term “baseline flow” for purposes of determining the
  176         annual average flow of a utility’s domestic wastewater
  177         discharge; authorizing utilities to apportion the
  178         amount of wastewater outfall for purposes of meeting
  179         the reuse requirements; authorizing utilities to enter
  180         into binding agreements; providing additional
  181         requirements for backup discharges; providing
  182         exceptions and alternatives with respect to such
  183         backup discharges; providing additional requirements
  184         for the plans submitted to the Department of
  185         Environmental Protection by the holder of a permit
  186         authorizing the discharge of domestic wastewater
  187         through an ocean outfall; requiring the department,
  188         the South Florida Water Management District, and
  189         affected utilities to adjust the reuse requirements
  190         provided under the act; requiring that the department
  191         submit a report to the Legislature by a specified
  192         date; providing an effective date.