Florida Senate - 2011                              CS for SB 796
       By the Committee on Environmental Preservation and Conservation;
       and Senators Diaz de la Portilla and Sobel
       592-02634-11                                           2011796c1
    1                        A bill to be entitled                      
    2         An act relating to domestic wastewater ocean outfalls;
    3         amending s. 403.086, F.S.; postponing the dates by
    4         which domestic wastewater facilities must meet more
    5         stringent treatment and management requirements for
    6         the discharge of domestic wastewater; defining the
    7         term “baseline flow” for purposes of determining the
    8         annual average flow of a utility’s domestic wastewater
    9         discharge; authorizing utilities to apportion the
   10         amount of wastewater outfall for purposes of meeting
   11         the reuse requirements; authorizing utilities to enter
   12         into binding agreements; providing additional
   13         requirements for backup discharges; providing
   14         exceptions and alternatives with respect to such
   15         backup discharges; providing additional requirements
   16         for the plans submitted to the Department of
   17         Environmental Protection by the holder of a permit
   18         authorizing the discharge of domestic wastewater
   19         through an ocean outfall; requiring the department,
   20         the South Florida Water Management District, and
   21         affected utilities to adjust the reuse requirements
   22         provided under the act; requiring that the department
   23         submit a report to the Legislature by a specified
   24         date; providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Paragraphs (b), (c), (d), (e), and (j) of
   29  subsection (9) of section 403.086, Florida Statutes, are amended
   30  to read:
   31         403.086 Sewage disposal facilities; advanced and secondary
   32  waste treatment.—
   33         (9) The Legislature finds that the discharge of domestic
   34  wastewater through ocean outfalls wastes valuable water supplies
   35  that should be reclaimed for beneficial purposes to meet public
   36  and natural systems demands. The Legislature also finds that
   37  discharge of domestic wastewater through ocean outfalls
   38  compromises the coastal environment, quality of life, and local
   39  economies that depend on those resources. The Legislature
   40  declares that more stringent treatment and management
   41  requirements for such domestic wastewater and the subsequent,
   42  timely elimination of ocean outfalls as a primary means of
   43  domestic wastewater discharge are in the public interest.
   44         (b) The discharge of domestic wastewater through ocean
   45  outfalls shall meet advanced wastewater treatment and management
   46  requirements no later than December 31, 2018. For purposes of
   47  this subsection, the term “advanced wastewater treatment and
   48  management requirements” means the advanced waste treatment
   49  requirements set forth in subsection (4), a reduction in outfall
   50  baseline loadings of total nitrogen and total phosphorus which
   51  is equivalent to that which would be achieved by the advanced
   52  waste treatment requirements in subsection (4), or a reduction
   53  in cumulative outfall loadings of total nitrogen and total
   54  phosphorus occurring between December 31, 2008, and December 31,
   55  2030 2025, which is equivalent to that which would be achieved
   56  if the advanced waste treatment requirements in subsection (4)
   57  were fully implemented beginning December 31, 2023 2018, and
   58  continued through December 31, 2030 2025. The department shall
   59  establish the average baseline loadings of total nitrogen and
   60  total phosphorus for each outfall using monitoring data
   61  available for calendar years 2003 through 2007 and shall
   62  establish required loading reductions based on this baseline.
   63  The baseline loadings and required loading reductions of total
   64  nitrogen and total phosphorus shall be expressed as an average
   65  annual daily loading value. The advanced wastewater treatment
   66  and management requirements of this paragraph shall be deemed to
   67  be met for any domestic wastewater facility discharging through
   68  an ocean outfall on July 1, 2008, which has installed no later
   69  than December 31, 2018, a fully operational reuse system
   70  comprising 100 percent of the facility’s annual average daily
   71  flow for reuse activities authorized by the department.
   72         (c)1. Each utility that had a permit for a domestic
   73  wastewater facility that discharged discharges through an ocean
   74  outfall on July 1, 2008, shall install a functioning reuse
   75  system no later than December 31, 2030 2025. For purposes of
   76  this subsection, a “functioning reuse system” means an
   77  environmentally, economically, and technically feasible system
   78  that provides a minimum of 60 percent of a the facility’s
   79  baseline actual flow or, for utilities operating more than one
   80  facility, 60 percent of the utility’s entire wastewater system
   81  flow on an annual basis on December 31, 2030. Reuse may be on an
   82  annual basis for irrigation of public access areas, residential
   83  properties, or agricultural crops; aquifer recharge of the
   84  Biscayne or Upper Floridan Aquifers; groundwater recharge;
   85  industrial cooling; or other acceptable reuse purposes
   86  authorized by the department. For purposes of this subsection,
   87  the term “baseline facility’s actual flow on an annual basis”
   88  means the annual average flow of domestic wastewater discharging
   89  through the facility’s ocean outfall, as determined by the
   90  department, using monitoring data available for calendar years
   91  2003 through 2007.
   92         2. Flows diverted from facilities to other facilities that
   93  provide 100 percent reuse of the diverted flows prior to
   94  December 31, 2030 2025, shall be considered to contribute to
   95  meeting the 60 percent reuse requirement. For utilities
   96  operating more than one outfall, the reuse requirement may can
   97  be apportioned between the met if the combined actual reuse
   98  flows from facilities served by the outfalls is at least 60
   99  percent of the sum of the total actual flows from the
  100  facilities, including flows diverted to other facilities for 100
  101  percent reuse prior to December 31, 2030 2025. Utilities that
  102  shared a common ocean outfall for the discharge of domestic
  103  wastewater on July 1, 2008, regardless of which utility operates
  104  the ocean outfall, are individually responsible for meeting the
  105  reuse requirement and may enter into binding agreements to share
  106  or transfer such responsibility among the utilities. In the
  107  event treatment in addition to the advanced wastewater treatment
  108  and management requirements described in paragraph (b) is needed
  109  in order to support a functioning reuse system, such treatment
  110  shall be fully operational no later than December 31, 2030 2025.
  111         (d) The discharge of domestic wastewater through ocean
  112  outfalls is prohibited after December 31, 2030 2025, except as a
  113  backup discharge that is part of a functioning reuse system or
  114  other wastewater management system authorized by the department
  115  as provided for in paragraph (c). A backup discharge may occur
  116  only during periods of reduced demand for reclaimed water in the
  117  reuse system, such as periods of wet weather, or as the result
  118  of peak flows from other wastewater management systems and shall
  119  comply with the advanced wastewater treatment and management
  120  requirements of paragraph (b). Except as otherwise provided in
  121  this subsection, peak flow backup discharges may not
  122  cumulatively exceed 5 percent of a facility’s baseline flow,
  123  measured as a 5-year rolling average, are subject to applicable
  124  technology and water-quality-based effluent limitations
  125  specified in department rules, and, when in compliance with the
  126  effluent limitations, are deemed to meet the advanced wastewater
  127  treatment requirements of this subsection. A backup discharge is
  128  authorized and deemed to meet the advanced wastewater treatment
  129  requirements of this subsection for any domestic wastewater
  130  facility discharging through an ocean outfall on July 1, 2008,
  131  which has installed by December 31, 2018, a fully operational
  132  reuse system comprising 100 percent of the facility’s annual
  133  average daily flow for reuse activities authorized by the
  134  department.
  135         (e) The holder of a department permit authorizing the
  136  discharge of domestic wastewater through an ocean outfall as of
  137  July 1, 2008, shall submit to the secretary of the department
  138  the following:
  139         1. A detailed plan to meet the requirements of this
  140  subsection, including an identification of the technical,
  141  environmental, and economic feasibility of various reuse
  142  options; an identification of all land acquisition and
  143  facilities necessary to provide for reuse of the domestic
  144  wastewater; an analysis of the costs to meet the requirements,
  145  including the level of treatment necessary to satisfy state
  146  water quality requirements and local water quality
  147  considerations, and a comparative cost of reuse using flows from
  148  ocean outfalls and flows from other domestic wastewater sources;
  149  and a financing plan for meeting the requirements, including
  150  identifying any actions necessary to implement the financing
  151  plan, such as bond issuance or other borrowing, assessments,
  152  rate increases, fees, other charges, or other financing
  153  mechanisms. The plan shall evaluate reuse demand in the context
  154  of future regional water supply demands, the availability of
  155  traditional water supplies, the need for development of
  156  alternative water supplies, the degree to which various reuse
  157  options offset potable water supplies, and other factors
  158  considered in the South Florida Water Management District’s
  159  Lower East Coast Regional Water Supply Plan. The plan shall
  160  include a detailed schedule for the completion of all necessary
  161  actions and shall be accompanied by supporting data and other
  162  documentation. The plan shall be submitted no later than July 1,
  163  2018 2013.
  164         2. No later than July 1, 2021 2016, an update of the plan
  165  required in subparagraph 1. documenting any refinements or
  166  changes in the costs, actions, or financing necessary to
  167  eliminate the ocean outfall discharge in accordance with this
  168  subsection or a written statement that the plan is current and
  169  accurate.
  171  The department, the South Florida Water Management District, and
  172  the affected utilities shall consider the information in the
  173  detailed plan for the purpose of adjusting, as necessary, the
  174  reuse requirements of this subsection. The department shall
  175  submit a report to the Legislature by February 15, 2019,
  176  containing recommendations for any changes necessary to the
  177  requirements of this subsection.
  178         (j) An entity that diverts wastewater flow from a receiving
  179  facility that discharges domestic wastewater through an ocean
  180  outfall must meet the 60 percent reuse requirement of paragraph
  181  (c). Reuse by the diverting entity of the diverted flows shall
  182  be credited to the diverting entity. The diverted flow shall
  183  also be correspondingly deducted from the receiving facility’s
  184  baseline actual flow on an annual basis from which the required
  185  reuse is calculated pursuant to paragraph (c), and the receiving
  186  facility’s reuse requirement shall be recalculated accordingly.
  187         Section 2. This act shall take effect July 1, 2011.