Senate Bill 2140c1

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    Florida Senate - 2000                           CS for SB 2140

    By the Committee on Natural Resources and Senator Latvala





    312-2007-00

  1                      A bill to be entitled

  2         An act relating to water management; amending

  3         s. 287.042, F.S.; providing requirements to

  4         protest contracts administered by water

  5         management districts; amending s. 373.083,

  6         F.S.; authorizing a water management district

  7         governing board to delegate its powers, duties,

  8         and functions to district staff; amending s.

  9         373.414, F.S.; revising the criteria to be

10         considered in determining the cumulative

11         impacts of activities upon surface waters and

12         wetlands; creating s. 403.065, F.S.; providing

13         findings and declarations; providing for

14         classification and permitting of aquifer

15         storage and recovery wells; providing a zone of

16         discharge for aquifer storage and recovery

17         wells meeting specific criteria; providing

18         monitoring requirements for aquifer storage and

19         recovery wells; requiring an aquifer exemption

20         for aquifer storage and recovery wells

21         exceeding primary drinking water standards

22         other than total coliform bacteria or sodium;

23         requiring the Department of Environmental

24         Protection to make a reasonable effort to issue

25         or deny permits within 90 days; providing the

26         department with rulemaking authority; amending

27         s. 403.0882, F.S.; reorganizing and clarifying

28         provisions; directing the department to adopt

29         rules; creating a technical advisory committee

30         to assist in rule development; providing

31         permitting requirements relating to failure of

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    Florida Senate - 2000                           CS for SB 2140
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  1         toxicity tests due to naturally occurring

  2         constituents; amending s. 403.061, F.S.;

  3         providing an exemption allowing

  4         demineralization concentrate mixing zones in

  5         Outstanding Florida Waters with specific

  6         requirements; amending s. 403.852, F.S.;

  7         redefining the terms "public water system,"

  8         "noncommunity water system," and "nontransient

  9         noncommunity water system," and defining the

10         term "transient noncommunity water system";

11         amending s. 403.853, F.S.; requiring the

12         department to adopt and enforce certain primary

13         and secondary drinking water regulations for

14         nontransient noncommunity water systems and

15         transient noncommunity water systems; amending

16         s. 403.8532, F.S.; authorizing the department

17         to make loans to nonprofit transient

18         noncommunity water systems; amending s.

19         403.854, F.S.; allowing the department to waive

20         disinfection requirements and operator

21         requirements for certain water systems on a

22         case-by-case basis; amending s. 403.866, F.S.;

23         redefining the term "water distribution

24         system"; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Paragraph (c) of subsection (2) of section

29  287.042, Florida Statutes, is amended to read:

30         287.042  Powers, duties, and functions.--The department

31  shall have the following powers, duties, and functions:

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    Florida Senate - 2000                           CS for SB 2140
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  1         (2)

  2         (c)  Any person who files an action protesting a

  3  decision or intended decision pertaining to contracts

  4  administered by the department, a water management district,

  5  or a state agency pursuant to s. 120.57(3)(b) shall post with

  6  the department, the water management district, or the state

  7  agency at the time of filing the formal written protest a bond

  8  payable to the department, the water management district, or

  9  the state agency in an amount equal to 1 percent of the

10  department's, the water management district's, or the state

11  agency's estimate of the total volume of the contract or

12  $5,000, whichever is less, which bond shall be conditioned

13  upon the payment of all costs which may be adjudged against

14  him or her in the administrative hearing in which the action

15  is brought and in any subsequent appellate court proceeding.

16  For protests of decisions or intended decisions of the

17  department pertaining to agencies' requests for approval of

18  exceptional purchases, the bond shall be in an amount equal to

19  1 percent of the requesting agency's estimate of the contract

20  amount for the exceptional purchase requested or $5,000,

21  whichever is less. In lieu of a bond, the department, the

22  water management district, or the state agency may, in either

23  case, accept a cashier's check or money order in the amount of

24  the bond. If, after completion of the administrative hearing

25  process and any appellate court proceedings, the water

26  management district or the agency prevails, it shall recover

27  all costs and charges which shall be included in the final

28  order or judgment, excluding attorney's fees. This section

29  shall not apply to protests filed by the Minority Business

30  Advocacy and Assistance Office. Upon payment of such costs and

31  charges by the person protesting the award, the bond,

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    Florida Senate - 2000                           CS for SB 2140
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  1  cashier's check, or money order shall be returned to him or

  2  her. If the person protesting the award prevails, he or she

  3  shall recover from the water management district or the agency

  4  all costs and charges which shall be included in the final

  5  order of judgment, excluding attorney's fees.

  6         Section 2.  Subsection (5) is added to section 373.083,

  7  Florida Statutes, to read:

  8         373.083  General powers and duties of the governing

  9  board.--In addition to other powers and duties allowed it by

10  law, the governing board is authorized to:

11         (5)  Execute any of the powers, duties, and functions

12  vested in the governing board through a member or members

13  thereof, the executive director, or other district staff as

14  designated by the governing board. The governing board may

15  establish the scope and terms of any delegation. However, if

16  the governing board delegates the authority to take final

17  action on permit applications under part II or part IV, or

18  petitions for variances or waivers of permitting requirements

19  under part II or part IV, the governing board shall provide a

20  process for referring any denial of such application or

21  petition to the governing board to take final action. The

22  authority in this subsection is supplemental to any other

23  provision of this chapter granting authority to the governing

24  board to delegate specific powers, duties, or functions.

25         Section 3.  Subsection (8) of section 373.414, Florida

26  Statutes, is amended to read:

27         373.414  Additional criteria for activities in surface

28  waters and wetlands.--

29         (8)(a)  The governing board or the department, in

30  deciding whether to grant or deny a permit for an activity

31  regulated under this part shall consider the cumulative

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    Florida Senate - 2000                           CS for SB 2140
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  1  impacts upon surface water and wetlands, as delineated in s.

  2  373.421(1), within the same drainage basin as defined in s.

  3  373.403(9), of:

  4         1.(a)  The activity for which the permit is sought.

  5         2.(b)  Projects which are existing or activities

  6  regulated under this part which are under construction or

  7  projects for which permits or determinations pursuant to s.

  8  373.421 or s. 403.914 have been sought.

  9         3.(c)  Activities which are under review, approved, or

10  vested pursuant to s. 380.06, or other activities regulated

11  under this part which may reasonably be expected to be located

12  within surface waters or wetlands, as delineated in s.

13  373.421(1), in the same drainage basin as defined in s.

14  373.403(9), based upon the comprehensive plans, adopted

15  pursuant to chapter 163, of the local governments having

16  jurisdiction over the activities, or applicable land use

17  restrictions and regulations.

18         (b)  If an applicant proposes mitigation within the

19  same drainage basin where adverse effects are to be mitigated

20  and if the mitigation offsets these adverse effects, the

21  governing board and department shall consider the regulated

22  activity to meet the requirements of paragraph (a). However,

23  this paragraph may not be construed to prohibit mitigation

24  outside the drainage basin which offsets the adverse effects

25  within the drainage basin.

26         Section 4.  Section 403.065, Florida Statutes, is

27  created to read:

28         403.065  Aquifer Storage and Recovery Wells.--

29         (1)  The Legislature finds and declares that it is in

30  the public interest to conserve and protect water resources,

31  provide adequate water supplies, provide for natural systems,

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    Florida Senate - 2000                           CS for SB 2140
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  1  and promote quality aquifer storage and recovery projects by

  2  removing inappropriate institutional barriers.

  3         (2)  Aquifer storage and recovery wells shall be

  4  classified and permitted according to department rules,

  5  consistent with the federal Safe Drinking Water Act.  They

  6  shall be constructed to prevent violation of state groundwater

  7  quality standards at the point of discharge, except as

  8  specifically provided in this section.

  9         (3)  Aquifer storage and recovery wells shall be

10  allowed a zone of discharge for sodium and secondary drinking

11  water standards, provided that the requirements of paragraphs

12  (4)(b), (c), and (d) and subsection (6) are met.

13         (4)  Aquifer storage and recovery wells used to inject

14  water from a surfacewater or groundwater source shall be

15  allowed a zone of discharge for total coliform bacteria when

16  the applicant for the aquifer storage and recovery well permit

17  demonstrates, through a risk-based analysis, the following:

18         (a)  The groundwater within the zone of discharge

19  contains no less than 1,500 milligrams per liter total

20  dissolved solids;

21         (b)  The groundwater within the zone of discharge is

22  not currently being used nor is it reasonably expected to be

23  used as a public or private drinking water supply, except by

24  the permit applicant;

25         (c)  The presence of the stored water will not cause

26  any person other than the permit applicant to treat its source

27  water in any way that would not have been required in the

28  absence of the aquifer storage and recovery well;

29         (d)  The department has approved a monitoring plan that

30  specifies the number and location of monitor wells, monitoring

31  parameters, and frequency of monitoring;

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  1         (e)  Total coliform bacteria is the only primary

  2  drinking water standard other than sodium that will not be met

  3  prior to injection;

  4         (f)  The permit applicant demonstrates that biological

  5  contaminants will experience die-off such that primary

  6  drinking water standards will be met at the edge of the zone

  7  of discharge and that those contaminants will not pose an

  8  adverse risk to human health;

  9         (g)  The permit applicant documents the environmental

10  benefits to be derived from the storage, recovery, and future

11  use of the injected water;

12         (h)  The use of the recovered water is consistent with

13  its intended primary purpose; and

14         (i)  The storage of water will not endanger drinking

15  water sources, as defined in the federal Safe Drinking Water

16  Act, 42 U.S.C. s. 300h.

17         (5)  The department may allow a zone of discharge for

18  sodium, total coliform bacteria, and secondary drinking water

19  standards if the total dissolved solids concentration within

20  the zone of discharge is less than 1,500 milligrams per liter

21  and if the requirements of paragraphs (4)(c)-(i) are satisfied

22  and:

23         (a)  The applicant for the aquifer storage and recovery

24  well permit demonstrates that groundwater within the zone of

25  discharge is not currently being used and will not in the

26  future be used as a public or private drinking water supply

27  except by the permit applicant;

28         (b)  The permit applicant provides written notice,

29  including specific information about the proposed aquifer

30  storage and recovery project, to each land owner whose

31  property overlies the zone of discharge.

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    Florida Senate - 2000                           CS for SB 2140
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  1         (6)  A zone of discharge for aquifer storage and

  2  recovery wells shall not intersect or include any part of a

  3  500-foot radius surrounding any well that uses the injection

  4  zone to supply drinking water.

  5         (7)  The department shall specify in the permit for the

  6  aquifer storage and recovery well the vertical and lateral

  7  limits of the approved zone of discharge. The zone of

  8  discharge limits shall be based on hydrogeological conditions,

  9  for which the permit applicant shall provide calculations or

10  the results of modeling that include, but are not limited to,

11  reasonable assumptions about the expected volume of water to

12  be stored and recovered and reasonable assumptions regarding

13  aquifer thickness and porosity. Compliance with the primary

14  drinking water standard for total coliform bacteria, sodium,

15  and the secondary drinking water standards shall be required

16  at the edge of the zone of discharge.

17         (8)  After the aquifer storage and recovery well is in

18  operation, groundwater monitoring must demonstrate that

19  biological die-off is occurring, no exceedances of the primary

20  drinking water standards have occurred outside of the zone of

21  discharge, and there is no adverse risk to human health from

22  the injection activity.  Failure of the applicant to make this

23  demonstration shall result in revocation of the zone of

24  discharge.

25         (9)  If drinking water supply wells are present in the

26  injection zone within 2.5 miles of the edge of the zone of

27  discharge, additional monitor wells may be required to detect

28  the possible movement of injected fluids in the direction of

29  the drinking water wells.

30         (10)  Monitor wells shall be sampled at least monthly

31  for the parameters specified in the permit for the aquifer

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    Florida Senate - 2000                           CS for SB 2140
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  1  storage and recovery well.  The department may modify the

  2  monitoring requirements if necessary to provide reasonable

  3  assurance that underground sources of drinking water are

  4  adequately protected.

  5         (11)  An aquifer exemption shall be obtained prior to

  6  injection if the injection fluid exceeds any primary drinking

  7  water standard maximum contaminant level other than total

  8  coliform bacteria or sodium, or if the injection fluid may

  9  adversely affect the health of persons.

10         (12)  The department shall make a reasonable effort to

11  issue or deny a permit within 90 days after determining the

12  permit application to be complete. In accordance with s.

13  403.0876(2)(b), the failure of the department to issue or deny

14  an underground injection control permit for an aquifer storage

15  and recovery well within the 90-day time period shall not

16  result in the automatic issuance or denial of the permit and

17  shall not prevent the inclusion of specific permit conditions

18  that are necessary to ensure compliance with applicable

19  statutes and rules.

20         (13)  The department may adopt rules for the regulation

21  of aquifer storage and recovery wells to implement the

22  provisions of this section.

23         Section 5.  Section 403.0882, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section.  See s.

26         403.0882, F.S., for present text.)

27         403.0882  Discharge of demineralization concentrate.--

28         (1)  The Legislature finds and declares that it is in

29  the public interest to conserve and protect water resources,

30  provide adequate water supplies and provide for natural

31  systems, and promote brackish water demineralization as an

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  1  alternative to withdrawals of freshwater from groundwater and

  2  surface water by removing institutional barriers to

  3  demineralization and through research, including demonstration

  4  projects, to advance water and water byproduct treatment

  5  technology, sound waste byproduct disposal methods, and

  6  regional solutions to water resources issues.  In order to

  7  promote the state objective of alternative water supply

  8  development, including the use of demineralization

  9  technologies, and to encourage the conservation and protection

10  of the state's natural resources, the concentrate resulting

11  from demineralization must be classified as potable water

12  byproduct regardless of flow quantity and must be

13  appropriately treated and discharged or reused.

14         (2)  For the purposes of this section, the term:

15         (a)  "Demineralization concentrate" means the

16  concentrated byproduct water, brine, or reject water produced

17  by ion exchange or membrane separation technologies such as

18  reverse osmosis, membrane softening, ultra-filtration,

19  membrane filtration, electrodialysis, and electrodialysis

20  reversal used for desalination, softening, or reducing total

21  dissolved solids during water treatment for public water

22  supply purposes.

23         (b)  "Small water utility business" means any facility

24  that distributes potable water to two or more customers with a

25  concentrate discharge of less than 50,000 gallons per day.

26         (3)  The department shall initiate rulemaking no later

27  than October 1, 2000, to address facilities that discharge

28  demineralization concentrate.  The department shall convene a

29  technical advisory committee to assist in the development of

30  the rules, which committee shall include one representative

31  each from the demineralization industry, local government,

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  1  water and wastewater utilities, the engineering profession,

  2  business, and environmental organizations. The technical

  3  advisory committee shall also include one member representing

  4  the five water management districts and one representative

  5  from the Florida Marine Research Institute. In convening the

  6  technical advisory committee, consideration must be given to

  7  geographical balance. The rules must address, at a minimum:

  8         (a)  Permit application forms for concentrate disposal;

  9         (b)  Specific options and requirements for

10  demineralization concentrate disposal, including a

11  standardized list of effluent and monitoring parameters, which

12  may be adjusted or expanded by the department as necessary to

13  protect water quality;

14         (c)  Specific requirements and accepted methods for

15  evaluating mixing of effluent in receiving waters; and

16         (d)  Specific toxicity provisions.

17         (4)(a)  For facilities that discharge demineralization

18  concentrate, the failure of whole effluent toxicity tests

19  predominantly due to the presence of constituents naturally

20  occurring in the source water, limited to calcium, potassium,

21  sodium, magnesium, chloride, bromide, and other constituents

22  designated by the department, may not be the basis for denial

23  of a permit, denial of a permit renewal, revocation of a

24  permit, or other enforcement action by the department as long

25  as the volume of water necessary to achieve water quality

26  standards is available within a distance not in excess of two

27  times the natural water depth at the point of discharge under

28  all flow conditions.

29         (b)  If failure of whole effluent toxicity tests is due

30  predominately to the presence of the naturally occurring

31  constituents identified in paragraph (a), the department shall

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  1  issue a permit for the demineralization concentrate discharge

  2  if:

  3         1.  The volume of water necessary to achieve water

  4  quality standards is available within a distance not in excess

  5  of two times the natural water depth at the point of discharge

  6  under all flow conditions; and

  7         2.  All other permitting requirements are met.

  8

  9  A variance for toxicity under the circumstance described in

10  this paragraph is not required.

11         (c)  Facilities that fail to meet the requirements of

12  this subsection may be permitted in accordance with department

13  rule, including all applicable moderating provisions such as

14  variances, exemptions, and mixing zones.

15         (5)  Blending of demineralization concentrate with

16  reclaimed water shall be allowed in accordance with the

17  department's reuse rules.

18         (6)  This subsection applies only to small water

19  utility businesses.

20         (a)  The discharge of demineralization concentrate from

21  small water utility businesses is presumed to be allowable and

22  permittable in all waters in the state if:

23         1.  The discharge meets the effluent limitations in s.

24  403.086(4), except that high-level disinfection is not

25  required unless the presence of fecal coliforms in the source

26  water will result in the discharge not meeting applicable

27  water quality standards;

28         2.  The discharge of demineralization concentrate

29  achieves a minimum of 4-to-1 dilution within a distance not in

30  excess of two times the natural water depth at the point of

31  discharge under all flow conditions; and

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  1         3.  The point of discharge is located at a reasonably

  2  accessible point that minimizes water quality impacts to the

  3  greatest extent possible.

  4         (b)  The presumption in paragraph (a) may be overcome

  5  only by a demonstration that one or more of the following

  6  conditions is present:

  7         1.  The discharge will be made directly into an

  8  Outstanding Florida Water, except as provided in chapter

  9  90-262, Laws of Florida;

10         2.  The discharge will be made directly to Class I or

11  Class II waters; 

12         3.  The discharge will be made to a water body having a

13  total maximum daily load established by the department and the

14  discharge will cause or contribute to a violation of the

15  established load;

16         4.  The discharge fails to meet the requirements of the

17  antidegradation policy contained in the department rules;

18         5.  The discharge will be made to a sole-source

19  aquifer;

20         6.  The discharge fails to meet applicable surfacewater

21  and groundwater quality standards; or

22         7.  The results of any toxicity test performed by the

23  applicant under paragraph (d) or by the department indicate

24  that the discharge does not meet toxicity requirements at the

25  boundary of the mixing zone under subparagraph (a)2.

26         (c)  If one or more of the conditions in paragraph (b)

27  has been demonstrated, the department may:

28         1.  Require more stringent effluent limitations;

29         2.  Require relocation of the discharge point or a

30  change in the method of discharge;

31         3.  Limit the duration or volume of the discharge; or

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  1         4.  Prohibit the discharge if there is no alternative

  2  that meets the conditions of subparagraphs 1.-3.

  3         (d)  For facilities owned by small water utility

  4  businesses, the department may not:

  5         1.  Require those businesses to perform toxicity

  6  testing at other than the time of permit application, permit

  7  renewal, or any requested permit modification, unless the

  8  initial toxicity test or any subsequent toxicity test

  9  performed by the department does not meet toxicity

10  requirements.

11         2.  Require those businesses to obtain a

12  water-quality-based effluent limitation determination.

13         (7)  The department may adopt additional rules for the

14  regulation of demineralization and to administer this section

15  and s. 403.061(11)(b).

16         Section 6.  Paragraph (b) of subsection (11) of section

17  403.061, Florida Statutes, is amended to read:

18         403.061  Department; powers and duties.--The department

19  shall have the power and the duty to control and prohibit

20  pollution of air and water in accordance with the law and

21  rules adopted and promulgated by it and, for this purpose, to:

22         (11)  Establish ambient air quality and water quality

23  standards for the state as a whole or for any part thereof,

24  and also standards for the abatement of excessive and

25  unnecessary noise.  The department is authorized to establish

26  reasonable zones of mixing for discharges into waters.

27         (b)  No mixing zone for point source discharges shall

28  be permitted in Outstanding Florida Waters except for:

29         1.  Sources that which have received permits from the

30  department prior to April 1, 1982, or the date of designation,

31  whichever is later;

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  1         2.  Blowdown from new power plants certified pursuant

  2  to the Florida Electrical Power Plant Siting Act; and

  3         3.  Discharges of water necessary for water management

  4  purposes that which have been approved by the governing board

  5  of a water management district and, if required by law, by the

  6  secretary; and.

  7         4.  The discharge of demineralization concentrate which

  8  has been determined permittable under s. 403.0882 and which

  9  meets the specific provisions of s. 403.0882(4)(a) and (b), if

10  the proposed discharge is clearly in the public interest.

11

12  Nothing in this act shall be construed to invalidate any

13  existing department rule relating to mixing zones.  The

14  department shall cooperate with the Department of Highway

15  Safety and Motor Vehicles in the development of regulations

16  required by s. 316.272(1).

17         Section 7.  Subsections (2), (4), and (17) of section

18  403.852, Florida Statutes, are amended, and subsection (18) is

19  added to that section to read:

20         403.852  Definitions; ss. 403.850-403.864.--As used in

21  ss. 403.850-403.864:

22         (2)  "Public water system" means a community,

23  nontransient noncommunity, or noncommunity system for the

24  provision to the public of piped water for human consumption

25  through pipes or other constructed conveyances if, provided

26  that such system has at least 15 service connections or

27  regularly serves at least 25 individuals daily at least 60

28  days out of the year. A public water system is either a

29  community water system or a noncommunity water system. The

30  term "public water system" includes:

31

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  1         (a)  Any collection, treatment, storage, and

  2  distribution facility or facilities under control of the

  3  operator of such system and used primarily in connection with

  4  such system.

  5         (b)  Any collection or pretreatment storage facility or

  6  facilities not under control of the operator of such system

  7  but used primarily in connection with such system.

  8         (4)  "Noncommunity water system" means a public water

  9  system that for provision to the public of piped water for

10  human consumption, which serves at least 25 individuals daily

11  at least 60 days out of the year, but which is not a community

12  water system; except that a water system for a wilderness

13  educational camp is a noncommunity water system. A

14  noncommunity water system is either a nontransient

15  noncommunity water system or a transient noncommunity water

16  system.

17         (17)  "Nontransient noncommunity water system" means a

18  noncommunity public water system that is not a community water

19  system and that regularly serves at least 25 of the same

20  persons over 6 months per year.

21         (18)  "Transient noncommunity water system" means a

22  noncommunity water system that has at least 15 service

23  connections or regularly serves at least 25 persons daily at

24  least 60 days out of the year but that does not regularly

25  serve 25 or more of the same persons over 6 months per year.

26         Section 8.  Subsections (1) and (6) of section 403.853,

27  Florida Statutes, are amended to read:

28         403.853  Drinking water standards.--

29         (1)  The department shall adopt and enforce:

30         (a)1.  State primary drinking water regulations that

31  shall be no less stringent at any given time than the complete

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  1  interim or revised national primary drinking water regulations

  2  in effect at such time; and

  3         2.  State secondary drinking water regulations

  4  patterned after the national secondary drinking water

  5  regulations.

  6         (b)  Primary and secondary drinking water regulations

  7  for nontransient noncommunity water systems and transient

  8  noncommunity water systems, which shall be no more stringent

  9  than the corresponding national primary or secondary drinking

10  water regulations in effect at such time, except that

11  nontransient, noncommunity systems shall monitor and comply

12  with additional primary drinking water regulations as

13  determined by the department.

14         (6)  Upon the request of the owner or operator of a

15  transient noncommunity water system serving businesses, other

16  than restaurants or other public food service establishments,

17  and using groundwater as a source of supply, the department,

18  or a local county health department designated by the

19  department, shall perform a sanitary survey of the facility.

20  Upon receipt of satisfactory survey results according to

21  department criteria, the department shall reduce the

22  requirements of such owner or operator from monitoring and

23  reporting on a quarterly basis to performing these functions

24  on an annual basis.  Any revised monitoring and reporting

25  schedule approved by the department under this subsection

26  shall apply until such time as a violation of applicable state

27  or federal primary drinking water standards is determined by

28  the system owner or operator, by the department, or by an

29  agency designated by the department, after a random or routine

30  sanitary survey. Certified operators are not required for

31  transient noncommunity water systems of the type and size

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  1  covered by this subsection.  Any reports required of such

  2  system shall be limited to the minimum as required by federal

  3  law.  When not contrary to the provisions of federal law, the

  4  department may, upon request and by rule, waive additional

  5  provisions of state drinking water regulations for such

  6  systems.

  7         Section 9.  Subsection (3) of section 403.8532, Florida

  8  Statutes, is amended to read:

  9         403.8532  Drinking water state revolving loan fund;

10  use; rules.--

11         (3)  The department is authorized to make loans to

12  community water systems, nonprofit transient noncommunity

13  water systems, and nonprofit nontransient noncommunity water

14  systems to assist them in planning, designing, and

15  constructing public water systems, unless such public water

16  systems are for-profit privately owned or investor-owned

17  systems that regularly serve 1,500 service connections or more

18  within a single certified or franchised area.  However, a

19  for-profit privately owned or investor-owned public water

20  system that regularly serves 1,500 service connections or more

21  within a single certified or franchised area may qualify for a

22  loan only if the proposed project will result in the

23  consolidation of two or more public water systems. The

24  department is authorized to provide loan guarantees, to

25  purchase loan insurance, and to refinance local debt through

26  the issue of new loans for projects approved by the

27  department. Public water systems are authorized to borrow

28  funds made available pursuant to this section and may pledge

29  any revenues or other adequate security available to them to

30  repay any funds borrowed. The department shall administer

31  loans so that amounts credited to the Drinking Water Revolving

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  1  Loan Trust Fund in any fiscal year are reserved for the

  2  following purposes:

  3         (a)  At least 15 percent to qualifying small public

  4  water systems.

  5         (b)  Up to 15 percent to qualifying financially

  6  disadvantaged communities.

  7         (c)  However, if an insufficient number of the projects

  8  for which funds are reserved under this paragraph have been

  9  submitted to the department at the time the funding priority

10  list authorized under this section is adopted, the reservation

11  of these funds shall no longer apply.  The department may

12  award the unreserved funds as otherwise provided in this

13  section.

14         Section 10.  Subsections (4), (5), and (8) of section

15  403.854, Florida Statutes, are amended to read:

16         403.854  Variances, exemptions, and waivers.--

17         (4)(a)  The department shall, except upon a showing of

18  good cause, waive on a case-by-case basis any disinfection

19  chlorination requirement applicable to transient noncommunity

20  water systems using groundwater as a source of supply upon an

21  affirmative showing by the supplier of water that no hazard to

22  health will result.  This showing shall be based upon the

23  following:

24         1.  The completion of a satisfactory sanitary survey;

25         2.  The history of the quality of water provided by the

26  system and monthly monitoring tests for bacteriological

27  contamination;

28         3.  Evaluation of the well and the site on which it is

29  located, including geology, depth of well, casing, grouting,

30  and other relevant factors which have an impact on the quality

31  of water supplied; and

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  1         4.  The number of connections and size of the

  2  distribution system.

  3         (b)  The department may as a condition of waiver

  4  require a monitoring program of sufficient frequency to assure

  5  that safe drinking water standards are being met.

  6         (5)  The department shall, except upon a showing of

  7  good cause, waive on a case-by-case basis any requirement for

  8  a certified operator for a transient nontransient noncommunity

  9  or noncommunity water system using groundwater as a source of

10  supply having a design flow of less than 10,000 gallons per

11  day upon an affirmative showing by the supplier of water that

12  the system can be properly maintained without a certified

13  operator. The department shall consider:

14         (a)  The results of a sanitary survey if deemed

15  necessary;

16         (b)  The operation and maintenance records for the year

17  preceding an application for waiver;

18         (c)  The adequacy of monitoring procedures for maximum

19  contaminant levels included in primary drinking water

20  regulations;

21         (d)  The feasibility of the supplier of water becoming

22  a certified operator; and

23         (e)  Any threat to public health that could result from

24  nonattendance of the system by a certified operator.

25         (8)  Neither the department nor any of its employees

26  shall be held liable for money damages for any injury,

27  sickness, or death sustained by any person as a result of

28  drinking water from any transient noncommunity water system

29  granted a waiver under subsection (4) or subsection (5).

30         Section 11.  Subsection (5) of section 403.866, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2000                           CS for SB 2140
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  1         403.866  Definitions; ss. 403.865-403.876.--As used in

  2  ss. 403.865-403.876, the term:

  3         (5)  "Water distribution system" means those components

  4  of a public water system used in conveying water for human

  5  consumption from the water treatment plant to the consumer's

  6  property, including pipes, tanks, pumps, pipelines, conduits,

  7  pumping stations, and all other constructed conveyances

  8  structures, devices, appurtenances, and facilities used

  9  specifically for such purpose.

10         Section 12.  This act shall take effect upon becoming a

11  law.

12

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 2140

15

16  The committee substitute broadens the scope of the bill to
    include the following provisions:
17
    1.    Provides that anyone protesting a decision on a contract
18        administered by water management districts must file a
          written complaint and post a bond, cashier's check, or
19        money order in an amount equal to 1 percent of the
          estimated total volume of the contract or $5,000,
20        whichever is less.

21  2.    Allows water management district governing boards to
          delegate any of their powers, duties, and functions to a
22        member or members, the executive director or other
          district staff. Requires the governing board to provide
23        a process for referring certain agency actions to the
          governing board for final agency action.
24
    3.    Clarifies the way water management districts determine
25        the cumulative impacts of activities on surface waters
          and wetlands.
26
    4.    Provides for aquifer storage and recovery wells and
27        allows a zone of discharge for certain specified
          constituents, provided certain conditions are met and
28        drinking water supplies, public health, and the
          environment are protected.
29
    5.    Revises certain provisions in Florida's Safe Drinking
30        Water Act to conform to the federal Safe Drinking Water
          Act.
31

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