Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 286 Ì217872=Î217872 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/05/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environment and Natural Resources (Albritton) recommended the following: 1 2 Senate Amendment (with title amendment) 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 403.1839, Florida Statutes, is created 6 to read: 7 403.1839 Blue Star Collection System Assessment and 8 Maintenance Program.— 9 (1) DEFINITIONS.—As used in this section, the term: 10 (a) “Domestic wastewater” has the same meaning as in s. 11 367.021. 12 (b) “Domestic wastewater collection system” has the same 13 meaning as in s. 403.866. 14 (c) “Program” means the Blue Star Collection System 15 Assessment and Maintenance Program. 16 (d) “Sanitary sewer overflow” means the unauthorized 17 overflow, spill, release, discharge, or diversion of untreated 18 or partially treated domestic wastewater. 19 (2) LEGISLATIVE FINDINGS.—The Legislature finds that: 20 (a) The implementation of domestic wastewater collection 21 system assessment and maintenance practices has been shown to 22 effectively limit sanitary sewer overflows and the unauthorized 23 discharge of pathogens. 24 (b) The voluntary implementation of domestic wastewater 25 collection system assessment and maintenance practices beyond 26 those required by law has the potential to further limit 27 sanitary sewer overflows. 28 (c) The unique geography, community, growth, size, and age 29 of domestic wastewater collection systems across the state 30 require diverse responses, using the best professional judgment 31 of local utility operators, to ensure that programs designed to 32 limit sanitary sewer overflows are effective. 33 (3) ESTABLISHMENT AND PURPOSE.—There is established in the 34 department a Blue Star Collection System Assessment and 35 Maintenance Program. The purpose of this voluntary incentive 36 program is to assist public and private utilities in limiting 37 sanitary sewer overflows and the unauthorized discharge of 38 pathogens. 39 (4) APPROVAL AND STANDARDS.— 40 (a) The department shall adopt rules to administer the 41 program, including the certification standards for the program 42 in paragraph (b), and shall review and approve public and 43 private domestic wastewater utilities that apply for 44 certification or renewal under the program and that demonstrate 45 maintenance of program certification pursuant to paragraph (c) 46 based upon the certification standards. 47 (b) A utility must provide reasonable documentation of the 48 following certification standards in order to be certified under 49 the program: 50 1. The implementation of periodic collection system and 51 pump station structural condition assessments and the 52 performance of as-needed maintenance and replacements. 53 2. The rate of reinvestment determined necessary by the 54 utility for its collection system and pump station structural 55 condition assessment and maintenance and replacement program. 56 3. The implementation of a program designed to limit the 57 presence of fats, roots, oils, and grease in the collection 58 system. 59 4. If the applicant is a public utility, a local law or 60 building code requiring the private pump stations and lateral 61 lines connecting to the public system to be free of: 62 a. Cracks, holes, missing parts, or similar defects; and 63 b. Direct stormwater connections that allow the direct 64 inflow of stormwater into the private system and the public 65 domestic wastewater collection system. 66 5. A power outage contingency plan that addresses 67 mitigation of the impacts of power outages on the utility’s 68 collection system and pump stations. 69 (c) Program certifications shall expire after 5 years. A 70 utility shall document its implementation of the program on an 71 annual basis with the department and must demonstrate that the 72 utility meets all program standards in order to maintain its 73 program certification. The approval of an application for 74 renewal certification must be based on the utility demonstrating 75 maintenance of program standards. A utility applying for renewal 76 certification must demonstrate maintenance of program standards 77 and progress in implementing the program. 78 (5) PUBLICATION.—The department shall annually publish on 79 its website a list of certified blue star utilities beginning on 80 January 1, 2021. 81 (6) FEDERAL PROGRAM PARTICIPATION.—The department shall 82 allow public and nonprofit utilities to participate in the Clean 83 Water State Revolving Fund Program for any purpose of the 84 program that is consistent with federal requirements for 85 participating in the Clean Water State Revolving Fund Program. 86 (7) REDUCED PENALTIES.—In the calculation of penalties 87 pursuant to s. 403.161 for a sanitary sewer overflow, the 88 department may reduce the penalty based on a utility’s status as 89 a certified blue star utility in accordance with this section. 90 The department may also reduce a penalty based on a certified 91 blue star utility’s investment in assessment and maintenance 92 activities to identify and address conditions that may cause 93 sanitary sewer overflows or interruption of service to customers 94 due to a physical condition or defect in the system. 95 Section 2. Paragraph (c) of subsection (7) of section 96 403.067, Florida Statutes, is amended to read: 97 403.067 Establishment and implementation of total maximum 98 daily loads.— 99 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 100 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 101 (c) Best management practices.— 102 1. The department, in cooperation with the water management 103 districts and other interested parties, as appropriate, may 104 develop suitable interim measures, best management practices, or 105 other measures necessary to achieve the level of pollution 106 reduction established by the department for nonagricultural 107 nonpoint pollutant sources in allocations developed pursuant to 108 subsection (6) and this subsection. These practices and measures 109 may be adopted by rule by the department and the water 110 management districts and, where adopted by rule, shall be 111 implemented by those parties responsible for nonagricultural 112 nonpoint source pollution. 113 2. The Department of Agriculture and Consumer Services may 114 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 115 suitable interim measures, best management practices, or other 116 measures necessary to achieve the level of pollution reduction 117 established by the department for agricultural pollutant sources 118 in allocations developed pursuant to subsection (6) and this 119 subsection or for programs implemented pursuant to paragraph 120 (12)(b). These practices and measures may be implemented by 121 those parties responsible for agricultural pollutant sources and 122 the department, the water management districts, and the 123 Department of Agriculture and Consumer Services shall assist 124 with implementation. In the process of developing and adopting 125 rules for interim measures, best management practices, or other 126 measures, the Department of Agriculture and Consumer Services 127 shall consult with the department, the Department of Health, the 128 water management districts, representatives from affected 129 farming groups, and environmental group representatives. Such 130 rules must also incorporate provisions for a notice of intent to 131 implement the practices and a system to assure the 132 implementation of the practices, including site inspection and 133 recordkeeping requirements. 134 3. When
whereinterim measures, best management practices, 135 or other measures are adopted by rule, the effectiveness of such 136 practices in achieving the levels of pollution reduction 137 established in allocations developed by the department pursuant 138 to subsection (6) and this subsection or in programs implemented 139 pursuant to paragraph (12)(b) must be verified at representative 140 sites by the department. The department shall use best 141 professional judgment in making the initial verification that 142 the best management practices are reasonably expected to be 143 effective and, where applicable, must notify the appropriate 144 water management district or the Department of Agriculture and 145 Consumer Services of its initial verification before the 146 adoption of a rule proposed pursuant to this paragraph. 147 Implementation, in accordance with rules adopted under this 148 paragraph, of practices that have been initially verified to be 149 effective, or verified to be effective by monitoring at 150 representative sites, by the department, shall provide a 151 presumption of compliance with state water quality standards and 152 release from the provisions of s. 376.307(5) for those 153 pollutants addressed by the practices, and the department is not 154 authorized to institute proceedings against the owner of the 155 source of pollution to recover costs or damages associated with 156 the contamination of surface water or groundwater caused by 157 those pollutants. Research projects funded by the department, a 158 water management district, or the Department of Agriculture and 159 Consumer Services to develop or demonstrate interim measures or 160 best management practices shall be granted a presumption of 161 compliance with state water quality standards and a release from 162 the provisions of s. 376.307(5). The presumption of compliance 163 and release is limited to the research site and only for those 164 pollutants addressed by the interim measures or best management 165 practices. Eligibility for the presumption of compliance and 166 release is limited to research projects on sites where the owner 167 or operator of the research site and the department, a water 168 management district, or the Department of Agriculture and 169 Consumer Services have entered into a contract or other 170 agreement that, at a minimum, specifies the research objectives, 171 the cost-share responsibilities of the parties, and a schedule 172 that details the beginning and ending dates of the project. 173 4. When wherewater quality problems are demonstrated, 174 despite the appropriate implementation, operation, and 175 maintenance of best management practices and other measures 176 required by rules adopted under this paragraph, the department, 177 a water management district, or the Department of Agriculture 178 and Consumer Services, in consultation with the department, 179 shall institute a reevaluation of the best management practice 180 or other measure. Should the reevaluation determine that the 181 best management practice or other measure requires modification, 182 the department, a water management district, or the Department 183 of Agriculture and Consumer Services, as appropriate, shall 184 revise the rule to require implementation of the modified 185 practice within a reasonable time period as specified in the 186 rule. 187 5. Agricultural records relating to processes or methods of 188 production, costs of production, profits, or other financial 189 information held by the Department of Agriculture and Consumer 190 Services pursuant to subparagraphs 3. and 4. or pursuant to any 191 rule adopted pursuant to subparagraph 2. are confidential and 192 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 193 Constitution. Upon request, records made confidential and exempt 194 pursuant to this subparagraph shall be released to the 195 department or any water management district provided that the 196 confidentiality specified by this subparagraph for such records 197 is maintained. 198 6. The provisions ofSubparagraphs 1. and 2. do not 199 preclude the department or water management district from 200 requiring compliance with water quality standards or with 201 current best management practice requirements set forth in any 202 applicable regulatory program authorized by law for the purpose 203 of protecting water quality. Additionally, subparagraphs 1. and 204 2. are applicable only to the extent that they do not conflict 205 with any rules adopted by the department that are necessary to 206 maintain a federally delegated or approved program. 207 7. For the sole purpose of establishing a total maximum 208 daily load for pathogens in a surface water, the department must 209 provide a domestic wastewater utility with a defensible 210 expectation of compliance with state water quality standards for 211 fecal indicator bacteria when the utility implements and 212 maintains a program as a certified blue star utility in 213 accordance with s. 403.1839 and demonstrates a history of 214 compliance with wastewater disinfection requirements 215 incorporated in the utility’s operating permit for any discharge 216 into the impaired surface water. 217 Section 3. Subsection (11) is added to section 403.087, 218 Florida Statutes, to read: 219 403.087 Permits; general issuance; denial; revocation; 220 prohibition; penalty.— 221 (11) Subject to the permit duration limits for a utility 222 permitted pursuant to s. 403.0885, a blue star utility certified 223 pursuant to s. 403.1839 shall be issued a 10-year permit for the 224 same fee and under the same conditions as a 5-year permit upon 225 approval of its application for permit renewal by the department 226 if the certified blue star utility demonstrates that it: 227 (a) Is in compliance with any consent order or an 228 accompanying administrative order to its permit; 229 (b) Does not have any pending enforcement action against it 230 by the United States Environmental Protection Agency, the 231 department, or a local program; and 232 (c) If applicable, has submitted annual program 233 implementation reports demonstrating progress in the 234 implementation of the program. 235 Section 4. Present subsection (6) of section 403.161, 236 Florida Statutes, is redesignated as subsection (7), and a new 237 subsection (6) is added to that section, to read: 238 403.161 Prohibitions, violation, penalty, intent.— 239 (6) Notwithstanding any other law, the department may 240 reduce the amount of a penalty based on the person’s investment 241 in the assessment, maintenance, rehabilitation, or expansion of 242 the permitted facility. 243 Section 5. Subsection (2) and paragraphs (a) and (b) of 244 subsection (3) of section 403.1838, Florida Statutes, are 245 amended to read: 246 403.1838 Small Community Sewer Construction Assistance 247 Act.— 248 (2) The department shall use funds specifically 249 appropriated to award grants under this section to assist 250 financially disadvantaged small communities with their needs for 251 adequate sewer facilities. The department may use funds 252 specifically appropriated to award grants under this section to 253 assist nonprofit utilities providing wastewater services to 254 financially disadvantaged small communities. For purposes of 255 this section, the term “financially disadvantaged small 256 community” means a county, municipality, or special district 257 that has a population of 10,000 or fewer, according to the 258 latest decennial census, and a per capita annual income less 259 than the state per capita annual income as determined by the 260 United States Department of Commerce. For purposes of this 261 subsection, the term “special district” has the same meaning as 262 provided in s. 189.012 and includes only those special districts 263 whose public purpose includes water and sewer services, utility 264 systems and services, or wastewater systems and services. The 265 department may waive the population requirement for an 266 independent special district that serves fewer than 10,000 267 wastewater customers, is located within a watershed with an 268 adopted total maximum daily load or basin management action plan 269 for pollutants associated with domestic wastewater pursuant to 270 s. 403.067, and is wholly located within a rural area of 271 opportunity as defined in s. 288.0656. 272 (3)(a) In accordance with rules adopted by the department 273 Environmental Regulation Commissionunder this section, the 274 department may provide grants, from funds specifically 275 appropriated for this purpose, to financially disadvantaged 276 small communities and to nonprofit utilities serving financially 277 disadvantaged small communities for up to 100 percent of the 278 costs of planning, assessing, designing, constructing, 279 upgrading, or replacing wastewater collection, transmission, 280 treatment, disposal, and reuse facilities, including necessary 281 legal and administrative expenses. Grants issued pursuant to 282 this section may also be used for planning and implementing 283 domestic wastewater collection system assessment and maintenance 284 programs to identify conditions that may cause sanitary sewer 285 overflows or interruption of service to customers due to a 286 physical condition or defect in the system. 287 (b) The rules of the department Environmental Regulation288 Commissionmust: 289 1. Require that projects to plan, assess, design, 290 construct, upgrade, or replace wastewater collection, 291 transmission, treatment, disposal, and reuse facilities be cost 292 effective, environmentally sound, permittable, and 293 implementable. 294 2. Require appropriate user charges, connection fees, and 295 other charges sufficient to ensure the long-term operation, 296 maintenance, and replacement of the facilities constructed under 297 each grant. 298 3. Require grant applications to be submitted on 299 appropriate forms with appropriate supporting documentation, and 300 require records to be maintained. 301 4. Establish a system to determine eligibility of grant 302 applications. 303 5. Establish a system to determine the relative priority of 304 grant applications. The system must consider public health 305 protection and water pollution abatement. 306 6. Establish requirements for competitive procurement of 307 engineering and construction services, materials, and equipment. 308 7. Provide for termination of grants when program 309 requirements are not met. 310 Section 6. This act shall take effect July 1, 2019. 311 312 ================= T I T L E A M E N D M E N T ================ 313 And the title is amended as follows: 314 Delete everything before the enacting clause 315 and insert: 316 A bill to be entitled 317 An act relating to domestic wastewater collection 318 system assessment and maintenance; creating s. 319 403.1839, F.S.; providing definitions; providing 320 legislative findings; establishing the Blue Star 321 Collection System Assessment and Maintenance Program 322 and providing its purpose; requiring the Department of 323 Environmental Protection to adopt rules and review and 324 approve program applications for certification; 325 specifying the documentation utilities must submit to 326 qualify for certification; providing for certification 327 expiration and renewal; requiring the department to 328 publish an annual list of certified blue star 329 utilities; requiring the department to allow public 330 and nonprofit utilities to participate in the Clean 331 Water State Revolving Fund Program under certain 332 conditions; authorizing the department to reduce 333 penalties for sanitary sewer overflows at certified 334 utilities and for investments in certain assessment 335 and maintenance activities; amending s. 403.067, F.S.; 336 creating a defensible expectation of compliance with 337 certain water quality standards for certified 338 utilities; amending s. 403.087, F.S.; requiring the 339 department to issue extended operating permits to 340 certified utilities under certain conditions; amending 341 s. 403.161, F.S.; authorizing the department to reduce 342 penalties based on certain system investments for 343 permitted facilities; amending s. 403.1838, F.S.; 344 authorizing additional recipients and uses of Small 345 Community Sewer Construction Assistance Act grants; 346 providing an effective date.