Florida Senate - 2020                                     SB 454
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00419-20                                            2020454__
    1                        A bill to be entitled                      
    2         An act relating to the discharge of domestic
    3         wastewater; amending s. 403.086, F.S.; revising
    4         legislative findings regarding the discharge of
    5         domestic wastewater; prohibiting the construction of
    6         new deep injection wells for domestic wastewater
    7         discharge or the expansion of existing wells; limiting
    8         the discharge capacity of domestic wastewater deep
    9         well injection; requiring current ocean outfall and
   10         deep well injection permitholders to install a
   11         functioning reuse system within the utility’s service
   12         area by specified dates; providing exceptions;
   13         prohibiting the discharge of domestic wastewater
   14         through ocean outfalls and deep injection wells after
   15         specified dates; requiring current deep well injection
   16         permitholders to submit a plan to meet certain
   17         requirements to the Department of Environmental
   18         Protection by a specified date; requiring the plan to
   19         be updated at specified intervals; requiring annual
   20         progress reports to the department and to the Governor
   21         and Legislature on compliance with the act; providing
   22         requirements for the renewal of permits; requiring the
   23         department to submit a report to the Legislature by a
   24         specified date; amending ss. 373.250, 373.705,
   25         373.707, and 373.709, F.S.; conforming provisions to
   26         changes made by the act; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (9) of section 403.086, Florida
   31  Statutes, is amended to read:
   32         403.086 Sewage disposal facilities; advanced and secondary
   33  waste treatment.—
   34         (9) The Legislature finds that the discharge of domestic
   35  wastewater through ocean outfalls and through deep well
   36  injections wastes valuable water supplies that should be
   37  reclaimed for beneficial purposes to meet public and natural
   38  systems demands. The Legislature also finds that discharge of
   39  domestic wastewater through ocean outfalls compromises the
   40  coastal environment, quality of life, and local economies that
   41  depend on those resources, and that the discharge of domestic
   42  wastewater through deep well injections compromises the waters
   43  of the state, including this state’s drinking water supply. The
   44  Legislature declares that more stringent treatment and
   45  management requirements for such domestic wastewater and the
   46  subsequent, timely elimination of ocean outfalls and deep well
   47  injections as a primary means of domestic wastewater discharge
   48  are in the public interest.
   49         (a) The construction of new ocean outfalls and new deep
   50  injection wells for domestic wastewater discharge and the
   51  expansion of existing ocean outfalls and wells for this purpose,
   52  along with associated pumping and piping systems, are
   53  prohibited. Each domestic wastewater ocean outfall is shall be
   54  limited to the discharge capacity specified in the department
   55  permit authorizing the outfall in effect on July 1, 2008, which
   56  discharge capacity may shall not be increased. Each domestic
   57  wastewater deep injection well is limited to the discharge
   58  capacity specified in the department permit authorizing the well
   59  in effect on July 1, 2020. Maintenance of existing, department
   60  authorized domestic wastewater ocean outfalls and deep injection
   61  wells and associated pumping and piping systems is allowed,
   62  subject to the requirements of this section. The department is
   63  directed to work with the United States Environmental Protection
   64  Agency to ensure that the requirements of this subsection are
   65  implemented consistently for all domestic wastewater facilities
   66  in the state which discharge through ocean outfalls and deep
   67  well injections.
   68         (b) The discharge of domestic wastewater through ocean
   69  outfalls must meet advanced wastewater treatment and management
   70  requirements by December 31, 2018. For purposes of this
   71  subsection, the term “advanced wastewater treatment and
   72  management requirements” means the advanced waste treatment
   73  requirements set forth in subsection (4), a reduction in outfall
   74  baseline loadings of total nitrogen and total phosphorus which
   75  is equivalent to that which would be achieved by the advanced
   76  waste treatment requirements in subsection (4), or a reduction
   77  in cumulative outfall loadings of total nitrogen and total
   78  phosphorus occurring between December 31, 2008, and December 31,
   79  2025, which is equivalent to that which would be achieved if the
   80  advanced waste treatment requirements in subsection (4) were
   81  fully implemented beginning December 31, 2018, and continued
   82  through December 31, 2025. The department shall establish the
   83  average baseline loadings of total nitrogen and total phosphorus
   84  for each outfall using monitoring data available for calendar
   85  years 2003 through 2007 and establish required loading
   86  reductions based on this baseline. The baseline loadings and
   87  required loading reductions of total nitrogen and total
   88  phosphorus shall be expressed as an average annual daily loading
   89  value. The advanced wastewater treatment and management
   90  requirements of this paragraph are deemed met for any domestic
   91  wastewater facility discharging through an ocean outfall on July
   92  1, 2008, which has installed by December 31, 2018, a fully
   93  operational reuse system comprising 100 percent of the
   94  facility’s baseline flow on an annual basis for reuse activities
   95  authorized by the department.
   96         (c)1. Each utility that, as of July 1, 2008, had a permit
   97  for a domestic wastewater facility that discharged through an
   98  ocean outfall or, as of July 1, 2020, had a permit for a
   99  domestic wastewater facility that discharged through a deep well
  100  injection, shall on July 1, 2008, must install, or cause to be
  101  installed, a functioning reuse system within the utility’s
  102  service area or, by contract with another utility, within Miami
  103  Dade County, Broward County, or Palm Beach County by December
  104  31, 2020, for ocean outfalls, and by December 31, 2023, for deep
  105  well injections 2025. For purposes of this subsection, a
  106  “functioning reuse system” means an environmentally,
  107  economically, and technically feasible system that provides a
  108  minimum of 60 percent of a facility’s baseline flow on an annual
  109  basis for irrigation of public access areas, residential
  110  properties, or agricultural crops; aquifer recharge; groundwater
  111  recharge; industrial cooling; or other acceptable reuse purposes
  112  authorized by the department. For purposes of this subsection,
  113  the term “baseline flow” means the annual average flow of
  114  domestic wastewater discharging through the facility’s ocean
  115  outfall, as determined by the department, using monitoring data
  116  available for calendar years 2003 through 2007.
  117         2. Flows diverted from facilities to other facilities that
  118  provide 100 percent reuse of the diverted flows before December
  119  31, 2020 2025, are considered to contribute to meeting the reuse
  120  requirement for ocean outfalls. Flows diverted from facilities
  121  to other facilities that provide 100 percent reuse of the
  122  diverted flows before December 31, 2023, are considered to
  123  contribute to meeting the reuse requirement for deep injection
  124  wells. For utilities operating more than one outfall or well,
  125  the reuse requirement may be apportioned between the facilities
  126  served by the outfalls or wells, including flows diverted to
  127  other facilities for 100 percent reuse before December 31, 2020,
  128  for ocean outfalls, and before December 31, 2023, for deep
  129  injection wells 2025. Utilities that shared a common ocean
  130  outfall for the discharge of domestic wastewater on July 1,
  131  2008, or that shared a common deep injection well on July 1,
  132  2020, regardless of which utility operates the ocean outfall or
  133  well, are individually responsible for meeting the reuse
  134  requirement and may enter into binding agreements to share or
  135  transfer such responsibility among the utilities. If treatment
  136  in addition to the advanced wastewater treatment and management
  137  requirements described in paragraph (b) is needed to support a
  138  functioning reuse system, the treatment must be fully
  139  operational by December 31, 2020, for ocean outfalls, and by
  140  December 31, 2023, for deep well injections 2025.
  141         3. If a facility that discharges through an ocean outfall
  142  or a deep injection well contracts with another utility to
  143  install a functioning reuse system, the department must approve
  144  any apportionment of the reuse generated from the new or
  145  expanded reuse system that is intended to satisfy all or a
  146  portion of the reuse requirements pursuant to subparagraph 1. If
  147  a contract is between two utilities that have reuse requirements
  148  pursuant to subparagraph 1., the reuse apportioned to each
  149  utility’s requirement may not exceed the total reuse generated
  150  by the new or expanded reuse system. A utility shall provide the
  151  department a copy of any contract with another utility that
  152  reflects an agreement between the utilities which is subject to
  153  the requirements of this subparagraph.
  154         (d) The discharge of domestic wastewater through ocean
  155  outfalls is prohibited after December 31, 2020 2025, and such
  156  discharge through deep injection wells is prohibited after
  157  December 31, 2023, except as a backup discharge that is part of
  158  a functioning reuse system or other wastewater management system
  159  authorized by the department. Except as otherwise provided in
  160  this subsection, a backup discharge may occur only during
  161  periods of reduced demand for reclaimed water in the reuse
  162  system, such as periods of wet weather, or as the result of peak
  163  flows from other wastewater management systems, and must comply
  164  with the advanced wastewater treatment and management
  165  requirements of paragraph (b). Peak flow backup discharges from
  166  other wastewater management systems may not cumulatively exceed
  167  5 percent of a facility’s baseline flow, measured as a 5-year
  168  rolling average, and are subject to applicable secondary waste
  169  treatment and water-quality-based effluent limitations specified
  170  in department rules. If peak flow backup discharges are in
  171  compliance with the effluent limitations, the discharges are
  172  deemed to meet the advanced wastewater treatment and management
  173  requirements of this subsection.
  174         (e) The holder of a department permit authorizing the
  175  discharge of domestic wastewater through an ocean outfall as of
  176  July 1, 2008, or a deep injection well as of July 1, 2020, shall
  177  submit the following to the secretary of the department:
  178         1. A detailed plan to meet the requirements of this
  179  subsection, including the identification of the technical,
  180  environmental, and economic feasibility of various reuse
  181  options; the identification of each land acquisition and
  182  facility necessary to provide for reuse of the domestic
  183  wastewater; an analysis of the costs to meet the requirements,
  184  including the level of treatment necessary to satisfy state
  185  water quality requirements and local water quality
  186  considerations and a cost comparison of reuse using flows from
  187  ocean outfalls and deep injection wells and flows from other
  188  domestic wastewater sources; and a financing plan for meeting
  189  the requirements, including identifying any actions necessary to
  190  implement the financing plan, such as bond issuance or other
  191  borrowing, assessments, rate increases, fees, other charges, or
  192  other financing mechanisms. The plan must evaluate reuse demand
  193  in the context of future regional water supply demands, the
  194  availability of traditional water supplies, the need for
  195  development of alternative water supplies, the degree to which
  196  various reuse options offset potable water supplies, and other
  197  factors considered in the Lower East Coast Regional Water Supply
  198  Plan of the South Florida Water Management District. The plan
  199  must include a detailed schedule for the completion of all
  200  necessary actions and be accompanied by supporting data and
  201  other documentation. The plan for deep injection wells must be
  202  submitted by January 1, 2021 July 1, 2013.
  203         2. For deep injection wells, by July 1, 2021 2016, an
  204  update of the plan required in subparagraph 1. documenting any
  205  refinements or changes in the costs, actions, or financing
  206  necessary to eliminate the ocean outfall discharge in accordance
  207  with this subsection or a written statement that the plan is
  208  current and accurate.
  209         (f) By December 31, 2009, and by December 31 every 5 years
  210  thereafter, the holder of a department permit authorizing the
  211  discharge of domestic wastewater through an ocean outfall shall
  212  submit to the secretary of the department a report summarizing
  213  the actions accomplished to date and the actions remaining and
  214  proposed to meet the requirements of this subsection, including
  215  progress toward meeting the specific deadlines set forth in
  216  paragraphs (b) through (e). By December 31, 2021, and annually
  217  thereafter, the holder of a department permit authorizing the
  218  discharge of domestic wastewater through a deep injection well
  219  shall submit to the secretary of the department a report
  220  summarizing the actions accomplished to date and the actions
  221  remaining and proposed to meet the requirements of this
  222  subsection, including progress toward meeting the specific
  223  deadlines set forth in paragraphs (b) through (e). The reports
  224  must report shall include the detailed schedule for and status
  225  of the evaluation of reuse and disposal options, preparation of
  226  preliminary design reports, preparation and submittal of permit
  227  applications, construction initiation, construction progress
  228  milestones, construction completion, initiation of operation,
  229  and continuing operation and maintenance.
  230         (g) By July 1, 2010, and by July 1 every 5 years
  231  thereafter, the department shall submit a report to the
  232  Governor, the President of the Senate, and the Speaker of the
  233  House of Representatives on the implementation of this
  234  subsection for the discharge of domestic wastewater through an
  235  ocean outfall. By July 1, 2022, and annually thereafter, the
  236  department shall submit a report to the Governor, the President
  237  of the Senate, and the Speaker of the House of Representatives
  238  on the implementation of this subsection for the discharge of
  239  domestic wastewater through a deep injection well. In the
  240  reports report, the department shall summarize progress to date,
  241  including the increased amount of reclaimed water provided and
  242  potable water offsets achieved, and identify any obstacles to
  243  continued progress, including all instances of substantial
  244  noncompliance.
  245         (h) The renewal of each permit that authorizes the
  246  discharge of domestic wastewater through an ocean outfall as of
  247  July 1, 2008, or a deep injection well as of July 1, 2020, must
  248  be accompanied by an order in accordance with s. 403.088(2)(e)
  249  and (f) which establishes an enforceable compliance schedule
  250  consistent with the requirements of this subsection.
  251         (i)1. An entity that diverts wastewater flow from a
  252  receiving facility that discharges domestic wastewater through
  253  an ocean outfall or a deep injection well must meet the reuse
  254  requirement of paragraph (c). Reuse by the diverting entity of
  255  the diverted flows shall be credited to the diverting entity.
  256  The diverted flow shall also be correspondingly deducted from
  257  the receiving facility’s baseline flow from which the required
  258  reuse is calculated pursuant to paragraph (c), and the receiving
  259  facility’s reuse requirement shall be recalculated accordingly.
  260         2. The department, the South Florida Water Management
  261  District, and the affected utilities must consider the
  262  information in the detailed plan in paragraph (e) for the
  263  purpose of adjusting, as necessary, the reuse requirements of
  264  this subsection. The department shall submit a report to the
  265  Legislature by February 15, 2015, containing recommendations for
  266  any changes necessary to the ocean outfall requirements of this
  267  subsection. The department shall submit a report to the
  268  Legislature by February 12, 2021, containing recommendations for
  269  any changes necessary to the deep injection well requirements of
  270  this subsection.
  271         Section 2. Paragraph (d) of subsection (3) of section
  272  373.250, Florida Statutes, is amended to read:
  273         373.250 Reuse of reclaimed water.—
  274         (3)
  275         (d) The South Florida Water Management District shall
  276  require the use of reclaimed water made available by the
  277  elimination of wastewater ocean outfall discharges and deep well
  278  injections as provided for in s. 403.086(9) in lieu of surface
  279  water or groundwater when the use of reclaimed water is
  280  available; is environmentally, economically, and technically
  281  feasible; and is of such quality and reliability as is necessary
  282  to the user. Such reclaimed water may also be required in lieu
  283  of other alternative sources. In determining whether to require
  284  such reclaimed water in lieu of other alternative sources, the
  285  water management district shall consider existing infrastructure
  286  investments in place or obligated to be constructed by an
  287  executed contract or similar binding agreement as of July 1,
  288  2011, for the development of other alternative sources.
  289         Section 3. Paragraph (b) of subsection (4) of section
  290  373.705, Florida Statutes, is amended to read:
  291         373.705 Water resource development; water supply
  292  development.—
  293         (4)
  294         (b) Water supply development projects that meet the
  295  criteria in paragraph (a) and that meet one or more of the
  296  following additional criteria shall be given first consideration
  297  for state or water management district funding assistance:
  298         1. The project brings about replacement of existing sources
  299  in order to help implement a minimum flow or minimum water
  300  level;
  301         2. The project implements reuse that assists in the
  302  elimination of domestic wastewater ocean outfalls and deep well
  303  injections as provided in s. 403.086(9); or
  304         3. The project reduces or eliminates the adverse effects of
  305  competition between legal users and the natural system.
  306         Section 4. Paragraph (f) of subsection (8) of section
  307  373.707, Florida Statutes, is amended to read:
  308         373.707 Alternative water supply development.—
  309         (8)
  310         (f) The governing boards shall determine those projects
  311  that will be selected for financial assistance. The governing
  312  boards may establish factors to determine project funding;
  313  however, significant weight shall be given to the following
  314  factors:
  315         1. Whether the project provides substantial environmental
  316  benefits by preventing or limiting adverse water resource
  317  impacts.
  318         2. Whether the project reduces competition for water
  319  supplies.
  320         3. Whether the project brings about replacement of
  321  traditional sources in order to help implement a minimum flow or
  322  level or a reservation.
  323         4. Whether the project will be implemented by a consumptive
  324  use permittee that has achieved the targets contained in a goal
  325  based water conservation program approved pursuant to s.
  326  373.227.
  327         5. The quantity of water supplied by the project as
  328  compared to its cost.
  329         6. Projects in which the construction and delivery to end
  330  users of reuse water is a major component.
  331         7. Whether the project will be implemented by a
  332  multijurisdictional water supply entity or regional water supply
  333  authority.
  334         8. Whether the project implements reuse that assists in the
  335  elimination of domestic wastewater ocean outfalls and deep well
  336  injections as provided in s. 403.086(9).
  337         9. Whether the county or municipality, or the multiple
  338  counties or municipalities, in which the project is located has
  339  implemented a high-water recharge protection tax assessment
  340  program as provided in s. 193.625.
  341         Section 5. Subsection (4) of section 373.709, Florida
  342  Statutes, is amended to read:
  343         373.709 Regional water supply planning.—
  344         (4) The South Florida Water Management District shall
  345  include in its regional water supply plan water resource and
  346  water supply development projects that promote the elimination
  347  of wastewater ocean outfalls and deep well injections as
  348  provided in s. 403.086(9).
  349         Section 6. This act shall take effect July 1, 2020.