Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 216
Ì354422{Î354422
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/12/2019 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Environment and Natural Resources (Gruters)
recommended the following:
1
2 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 403.0771, Florida Statutes, is created
6 to read:
7 403.0771 Sewage spill notification.—
8 (1) In addition to the public notification requirements of
9 s. 403.077, a wastewater treatment facility that unlawfully
10 discharges more than 1,000 gallons of raw or partially treated
11 sewage into any waterway or aquifer in violation of the
12 conditions set forth in a permit issued pursuant to s. 403.088
13 or s. 403.0885 must, within 24 hours after discovering the
14 discharge, send written notification by first class mail to the
15 following customers:
16 (a) For spills of 1,000 to 100,000 gallons, customers
17 within a half-mile radius.
18 (b) For spills between 100,000 and 1 million gallons,
19 customers within a 1-mile radius.
20 (c) For spills of more than 1 million gallons, all
21 customers of the wastewater facility.
22 (2) The written notification required under subsection (1)
23 must include, at a minimum, all of the following:
24 (a) The date and time of the discharge.
25 (b) The status of the discharge.
26 (c) The estimated volume of the discharge.
27 (d) The location or address of the discharge.
28 (e) A description of the area affected by the discharge,
29 including the name of the waterbody affected, if any.
30 (f) The name and phone number of all local elected
31 officials who have authority over the facility responsible for
32 the discharge.
33 Section 2. Paragraph (a) of subsection (4) of section
34 403.086, Florida Statutes, is amended to read:
35 403.086 Sewage disposal facilities; advanced and secondary
36 waste treatment.—
37 (4) For purposes of this section, the term “advanced waste
38 treatment” means that treatment which will provide a reclaimed
39 water product that:
40 (a) Contains not more, on a permitted annual average basis,
41 than the following concentrations:
42 1. Biochemical Oxygen Demand
43 (CBOD5)....................................................5mg/l
44 2. Suspended Solids.................................5mg/l
45 3. Total Nitrogen, expressed as N.............1mg/l 3mg/l
46 4. Total Phosphorus, expressed as P.......0.075mg/l 1mg/l
47
48 In those waters where the concentrations of phosphorus have been
49 shown not to be a limiting nutrient or a contaminant, the
50 department may waive or alter the compliance levels for
51 phosphorus until there is a demonstration that phosphorus is a
52 limiting nutrient or a contaminant.
53 Section 3. Present subsection (4) of section 403.141,
54 Florida Statutes, is redesignated as subsection (5), and a new
55 subsection (4) is added to that section, to read:
56 403.141 Civil liability; joint and several liability.—
57 (4) In addition to the civil penalty limitation set forth
58 in subsection (1), a wastewater treatment facility that
59 unlawfully discharges 1,000 gallons or more of raw or partially
60 treated sewage into any waterway or aquifer, in violation of the
61 conditions set forth in a permit issued pursuant to s. 403.0885,
62 must:
63 (a) Remit to the department a penalty of $1 for each gallon
64 of sewage discharged; or
65 (b) Calculate or provide an estimate of the number of
66 gallons of sewage discharged and, with the department’s
67 approval, spend $2 per gallon to upgrade and repair the
68 wastewater system to prevent future unlawful discharges. Such
69 funds may be used to smoke test sewer lines, repair and replace
70 sewer mains and laterals, repair manholes, purchase and maintain
71 generators for lift stations, increase wastewater treatment
72 facility capacity, and provide incremental nutrient reduction
73 technology.
74 1. If a wastewater treatment facility is unable to
75 calculate or estimate the volume discharged, the facility must
76 remit to the department a minimum penalty of $10,000.
77 2. If the cost of all potential repairs and upgrades is
78 less than the calculated penalty amount, the total funds used to
79 perform repairs and upgrades may not exceed the cost identified.
80 Section 4. For the purpose of incorporating the amendment
81 made by this act to section 403.086, Florida Statutes, in a
82 reference thereto, paragraph (a) of subsection (6) of section
83 403.0882, Florida Statutes, is reenacted to read:
84 403.0882 Discharge of demineralization concentrate.—
85 (6) This subsection applies only to small water utility
86 businesses.
87 (a) The discharge of demineralization concentrate from
88 small water utility businesses is presumed to be allowable and
89 permittable in all waters in the state if:
90 1. The discharge meets the effluent limitations in s.
91 403.086(4), except that high level disinfection is not required
92 unless the presence of fecal coliforms in the source water will
93 result in the discharge not meeting applicable water quality
94 standards;
95 2. The discharge of demineralization concentrate achieves a
96 minimum of 4-to-1 dilution within a distance not in excess of
97 two times the natural water depth at the point of discharge
98 under all flow conditions; and
99 3. The point of discharge is located at a reasonably
100 accessible point that minimizes water quality impacts to the
101 greatest extent possible.
102 Section 5. This act shall take effect July 1, 2019.
103
104 ================= T I T L E A M E N D M E N T ================
105 And the title is amended as follows:
106 Delete everything before the enacting clause
107 and insert:
108 A bill to be entitled
109 An act relating to water quality improvements;
110 creating s. 403.0771, F.S.; requiring each wastewater
111 facility that unlawfully discharges specified volumes
112 of sewage into a waterway or aquifer to notify certain
113 customers by first class mail within a specified
114 timeframe; providing requirements for the written
115 notifications; amending s. 403.086, F.S.; redefining
116 the term “advanced waste treatment” to decrease the
117 acceptable concentrations of total nitrogen and total
118 phosphorus; amending s. 403.141, F.S.; providing
119 penalties for wastewater treatment facilities that
120 unlawfully discharge a specified volume of sewage into
121 designated areas; reenacting s. 403.0882(6)(a), F.S.,
122 relating to the discharge of demineralization
123 concentrate, to incorporate the amendment made to s.
124 403.086, F.S., in a reference thereto; providing an
125 effective date.