CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Alexander offered the following:

12

13         Amendment (with title amendment) 

14         On page 15, lines 24 and 25,

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         Section 4.  Section 403.0882, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

21         s. 403.0882, F.S., for present text.)

22         403.0882  Discharge of demineralization concentrate.--

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

24  the public interest to conserve and protect water resources;

25  provide adequate water supplies and provide for natural

26  systems; and promote brackish water demineralization as an

27  alternative to ground and surface water withdrawals of

28  freshwater, by removing institutional barriers to

29  demineralization and through conducting research, including

30  demonstration projects, to advance water and water byproduct

31  treatment technology, sound waste byproduct disposal methods,

                                  1

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  and regional solutions to water resources issues.  In order to

 2  promote the state objective of alternative water supply

 3  development, including the use of demineralization

 4  technologies, and encourage the conservation and protection of

 5  Florida's natural resources, the concentrate resulting from

 6  demineralization shall be classified as potable water

 7  byproduct regardless of flow quantity and shall be

 8  appropriately treated, and discharged or reused.

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

10         (a)  "Demineralization concentrate" means the

11  concentrated byproduct water, brine, or reject water produced

12  by ion exchange or membrane separation technologies, such as

13  reverse osmosis, membrane softening, ultra-filtration,

14  membrane filtration, electrodialysis, and electrodialysis

15  reversal, used for desalination, softening, or reducing total

16  dissolved solids during water treatment for public water

17  supply purposes.

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

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

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

21         (3)  The department shall initiate rulemaking no later

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

23  demineralization concentrate.  The department shall convene a

24  technical advisory committee to assist in the development of

25  the rules, which shall include one representative each from

26  the demineralization industry, local government, water and

27  wastewater utilities, the engineering profession, business,

28  and environmental organizations.  The technical advisory

29  committee shall also include one member representing the five

30  water management districts and one representative from the

31  Florida Marine Research Institute with expertise in sea

                                  2

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  grasses.  In convening the technical advisory committee,

 2  consideration shall be given to geographical balance.  The

 3  rules shall address, at a minimum:

 4         (a)  Permit application forms for concentrate disposal.

 5         (b)  Specific options and requirements for

 6  demineralization concentrate disposal, including a

 7  standardized list of effluent and monitoring parameters, which

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

 9  protect water quality.

10         (c)  Specific requirements and accepted methods for

11  evaluating mixing of effluent in receiving waters.

12         (d)  Specific toxicity provisions.

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

14  concentrate, the failure of whole effluent toxicity tests

15  predominately due to the presence of constituents naturally

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

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

18  designated by the department, shall not be the basis for

19  denial of a permit, denial of a permit renewal, revocation of

20  a permit, or other enforcement action by the department, as

21  long as the volume of water necessary to achieve water quality

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

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

24  all flow conditions.

25         (b)  In the event failure of whole effluent toxicity

26  tests is due predominately to the presence of the naturally

27  occurring constituents identified in paragraph (a), or

28  designated by the department pursuant to paragraph (a), the

29  department shall issue a permit for the demineralization

30  concentrate discharge, if:

31         1.  The volume of water necessary to achieve water

                                  3

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  quality standards is available within a distance not in excess

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

 3  under all flow conditions; and

 4         2.  All other permitting requirements are met.

 5

 6  A variance for toxicity under the circumstance described in

 7  this paragraph shall not be required.

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

 9  this subsection may be permitted in accordance with department

10  rule, including all applicable moderating provisions such as

11  variances, exemptions, and mixing zones.

12         (5)  Blending of demineralization concentrate with

13  reclaimed water shall be allowed in accordance with the

14  department's reuse rules.

15         (6)  This subsection applies only to small water

16  utility businesses.

17         (a)  The discharge of demineralization concentrate from

18  small water utility businesses shall be presumed to be

19  allowable and permittable in all waters in the state, if:

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

21  403.086(4), except that high-level disinfection shall not be

22  required unless the presence of fecal coliforms in the source

23  water will result in the discharge not meeting applicable

24  water quality standards;

25         2.  The discharge of demineralization concentrate

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

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

28  discharge under all flow conditions; and

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

30  accessible point that minimizes water quality impacts to the

31  greatest extent possible.

                                  4

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         (b)  The presumption in paragraph (a) that the

 2  discharge of demineralization concentrate from a small water

 3  utility is allowable and permittable may be overcome only by a

 4  demonstration that one or more of the following conditions is

 5  present:

 6         1.  The discharge will be made directly into an

 7  Outstanding Florida Water, except as provided in chapter

 8  90-262, Laws of Florida.

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

10  Class II waters.

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

12  total maximum daily load established by the department and the

13  discharge will cause or contribute to a violation of the

14  established load.

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

16  antidegradation policy contained in the department rules.

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

18  aquifer.

19         6.  The discharge fails to meet applicable surface

20  water and groundwater quality standards.

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

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

23  the discharge does not meet toxicity requirements at the

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

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

26  has been demonstrated, the department may:

27         1.  Require more stringent effluent limitations;

28         2.  Require relocation of the discharge point or a

29  change in the method of discharge;

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

31         4.  Prohibit the discharge if there is no alternative

                                  5

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





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

 2         (d)  For facilities owned by small water utility

 3  businesses, the department shall not:

 4         1.  Require such businesses to perform toxicity testing

 5  at other than the time of permit application, permit renewal,

 6  or any requested permit modification, unless the initial

 7  toxicity test or any subsequent toxicity test performed by the

 8  department does not meet toxicity requirements.

 9         2.  Require such businesses to obtain a

10  water-quality-based effluent limitation determination.

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

12  regulation of demineralization and to implement the provisions

13  of this section and s. 403.061(11)(b).

14         Section 5.  Paragraph (b) of subsection (11) of section

15  403.061, Florida Statutes, is amended to read:

16         403.061  Department; powers and duties.--The department

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

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

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

20         (11)  Establish ambient air quality and water quality

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

22  and also standards for the abatement of excessive and

23  unnecessary noise.  The department is authorized to establish

24  reasonable zones of mixing for discharges into waters.

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

26  be permitted in Outstanding Florida Waters except for:

27         1.  Sources which have received permits from the

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

29  whichever is later.;

30         2.  Blowdown from new power plants certified pursuant

31  to the Florida Electrical Power Plant Siting Act.; and

                                  6

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         3.  Discharges of water necessary for water management

 2  purposes which have been approved by the governing board of a

 3  water management district and, if required by law, by the

 4  secretary.

 5         4.  The discharge of demineralization concentrate which

 6  has been determined permittable under s. 403.0882 and which

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

 8  the proposed discharge is clearly in the public interest.

 9         Section 6.  Section 403.065, Florida Statutes, is

10  created to read:

11         403.065  Aquifer storage and recovery wells.--

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

13  the public interest to conserve and protect water resources,

14  provide adequate water supplies, provide for natural systems,

15  and promote quality aquifer storage and recovery projects by

16  removing inappropriate institutional barriers.

17         (2)  Aquifer storage and recovery wells shall be

18  classified and permitted according to department rules,

19  consistent with the federal Safe Drinking Water Act. Such

20  wells shall be constructed to prevent violation of state

21  groundwater quality standards at the point of discharge,

22  except as specifically provided in this section.

23         (3)  Aquifer storage and recovery wells shall be

24  allowed a zone of discharge for sodium and secondary drinking

25  water standards, provided the requirements of paragraphs

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

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

28  water from a surface water or groundwater source shall be

29  allowed a zone of discharge for total coliform bacteria when

30  the applicant for the aquifer storage and recovery well permit

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

                                  7

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         (a)  The native groundwater within the proposed zone of

 2  discharge contains no less than 1,500 milligrams per liter

 3  total dissolved solids.

 4         (b)  The native groundwater within the proposed zone of

 5  discharge is not currently being used as a public or private

 6  drinking water supply, nor can any person other than the

 7  permit applicant be reasonably expected to withdraw water from

 8  the zone of discharge in the future for such use.

 9         (c)  The presence of the stored water shall not cause

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

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

12  absence of the aquifer storage and recovery well.

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

14  specifies the number and location of monitor wells, monitoring

15  parameters, and frequency of monitoring.

16         (e)  Total coliform bacteria is the only primary

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

18  prior to injection.

19         (f)  The permit applicant demonstrates that biological

20  contaminants will experience die-off such that primary

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

22  of discharge and that those contaminants will not pose an

23  adverse risk to human health.

24         (g)  The permit applicant documents the environmental

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

26  use of the injected water.

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

28  its intended primary purpose.

29         (i)  The storage of water shall not endanger drinking

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

31  Act, 42 U.S.C. ss. 300h.

                                  8

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





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

 2  sodium, total coliform bacteria, and secondary drinking water

 3  standards if the total dissolved solids concentration of the

 4  native groundwater within the proposed zone of discharge is

 5  less than 1,500 milligrams per liter and if the requirements

 6  of paragraphs (4)(b)-(i) are satisfied, and:

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

 8  well permit demonstrates that no person, other than the permit

 9  applicant, may in the future withdraw water from the zone of

10  discharge for use as a public or private drinking water supply

11  because of legal restrictions imposed by a water management

12  district, state agency, local government, or other

13  governmental entity having jurisdiction over water supply or

14  well construction.

15         (b)  The permit applicant provides written notice,

16  including specific information about the proposed aquifer

17  storage and recovery project, to each landowner whose property

18  overlies the zone of discharge.

19         (6)  A zone of discharge for aquifer storage and

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

21  500-foot radius surrounding any well that uses the injection

22  zone to supply drinking water.

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

24  aquifer storage and recovery well the vertical and lateral

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

26  discharge limits shall be based on hydrogeological conditions,

27  for which the permit applicant shall provide calculations or

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

29  reasonable assumptions about the expected volume of water to

30  be stored and recovered and reasonable assumptions regarding

31  aquifer thickness and porosity.  Compliance with the primary

                                  9

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  drinking water standard for total coliform bacteria, sodium,

 2  and the secondary drinking water standards shall be required

 3  at the edge of the zone of discharge.

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

 5  operation, groundwater monitoring must demonstrate that

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

 7  drinking water standards have occurred outside of the zone of

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

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

10  demonstration shall result in revocation of the zone of

11  discharge.

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

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

14  discharge, additional monitor wells may be required to detect

15  the possible movement of injected fluids in the direction of

16  the drinking water wells.

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

18  for the parameters specified in the permit for the aquifer

19  storage and recovery well. The department may modify the

20  monitoring requirements if necessary to provide reasonable

21  assurance that underground sources of drinking water are

22  adequately protected.

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

24  injection if the injection fluid exceeds any primary drinking

25  water standard maximum contaminant level other than total

26  coliform bacteria or sodium, or if the presence of any

27  contaminant in the injection fluid may adversely affect the

28  health of persons and the applicant cannot demonstrate with

29  reasonable certainty that such contaminant will experience

30  die-off within the proposed zone of discharge.

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

                                  10

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





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

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

 3  403.0876(2)(b), the failure of the department to issue or deny

 4  an underground injection control permit for an aquifer storage

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

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

 7  shall not prevent the inclusion of specific permit conditions

 8  which are necessary to ensure compliance with applicable

 9  statutes and rules.

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

11  of aquifer storage and recovery wells to implement the

12  provisions of this section.

13         Section 7.  Paragraph (c) of subsection (2) of section

14  287.042, Florida Statutes, is amended to read:

15         287.042  Powers, duties, and functions.--The department

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

17         (2)

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

19  decision or intended decision pertaining to contracts

20  administered by the department, a water management district,

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

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

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

24  payable to the department, water management district, or state

25  agency in an amount equal to 1 percent of the department's,

26  the water management district's, or the state agency's

27  estimate of the total volume of the contract or $5,000,

28  whichever is less, which bond shall be conditioned upon the

29  payment of all costs which may be adjudged against him or her

30  in the administrative hearing in which the action is brought

31  and in any subsequent appellate court proceeding. For protests

                                  11

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  of decisions or intended decisions of the department

 2  pertaining to agencies' requests for approval of exceptional

 3  purchases, the bond shall be in an amount equal to 1 percent

 4  of the requesting agency's estimate of the contract amount for

 5  the exceptional purchase requested or $5,000, whichever is

 6  less. In lieu of a bond, the department, water management

 7  district, or state agency may, in either case, accept a

 8  cashier's check or money order in the amount of the bond. If,

 9  after completion of the administrative hearing process and any

10  appellate court proceedings, the water management district or

11  agency prevails, it shall recover all costs and charges which

12  shall be included in the final order or judgment, excluding

13  attorney's fees. This section shall not apply to protests

14  filed by the Minority Business Advocacy and Assistance Office.

15  Upon payment of such costs and charges by the person

16  protesting the award, the bond, cashier's check, or money

17  order shall be returned to him or her. If the person

18  protesting the award prevails, he or she shall recover from

19  the agency or water management district all costs and charges

20  which shall be included in the final order of judgment,

21  excluding attorney's fees.

22         Section 8.  Subsection (9) of section 211.3103, Florida

23  Statutes, is repealed.

24         Section 9.  Section 258.398, Florida Statutes, 1997, is

25  repealed.

26         Section 10.  Subsection (5) of section 373.323, Florida

27  Statutes, is amended, and subsection (10) is added to said

28  section, to read:

29         373.323  Licensure of water well contractors;

30  application, qualifications, and examinations; equipment

31  identification.--

                                  12

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         (5)  The water management district shall issue a water

 2  well contracting license to any applicant who receives a

 3  passing grade on the examination, has paid the initial

 4  application fee, takes and completes to the satisfaction of

 5  the department a minimum of 12 hours of approved course work,

 6  and has complied with the requirements of this section.  A

 7  passing grade on the examination shall be as established by

 8  the department by rule.  A license issued by any water

 9  management district shall be valid in every water management

10  district in the state.

11         (10)  Effective July 1, 2001, water well contractors

12  licensed under the provisions of this section shall be able to

13  install, repair and modify pumps and tanks in accordance with

14  the Florida Building Code, Chapter 29, Section 612--Well Pumps

15  and Tanks Used for Private Potable Water Systems.

16         Section 11.  Subsection (2) of section 373.324, Florida

17  Statutes, is amended, subsections (3), (4), and (5) are

18  renumbered as subsections (4), (5), and (6), respectively, and

19  a new subsection (3) is added to said section, to read:

20         373.324  License renewal.--

21         (2)  The water management district shall renew a

22  license upon receipt of the renewal application, proof of

23  completion of 12 classroom hours of continuing education

24  annually, and renewal fee.

25         (3)  The department shall prescribe by rule the method

26  for renewal of licenses, which shall include continuing

27  education requirements of not less than 12 classroom hours

28  annually.

29         Section 12.  Subsection (6) of section 373.406, Florida

30  Statutes, is amended, and subsection (9) is added to said

31  section, to read:

                                  13

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         373.406  Exemptions.--The following exemptions shall

 2  apply:

 3         (6)  Any district or the department may exempt from

 4  regulation under this part, either by rule or order, those

 5  activities that the district or department determines will

 6  have only minimal or insignificant individual or cumulative

 7  adverse impacts on the water resources of the district.  The

 8  district and the department are also authorized to determine,

 9  on a case-by-case basis, whether a specific activity should be

10  exempt comes within this exemption.  Requests to qualify for

11  this exemption shall be submitted in writing to the district

12  or department, and such activities shall not be commenced

13  without a written determination from the district or

14  department confirming that the activity qualifies for the

15  exemption.

16         (9)  Any rule adopted by any district or the department

17  prior to October 3, 1995, creating an exemption from all or a

18  part of the requirements of this part or the rules adopted to

19  implement this part, including, but not limited to, rules

20  relating to the implementation of chapter 84-79, Laws of

21  Florida, is hereby ratified and affirmed.  However, this

22  subsection shall not be construed to limit the authority of

23  the water management districts or the department to adopt

24  rules creating exemptions to implement other provisions of

25  this part.

26         Section 13.  Subsection (5) is added to section

27  403.088, Florida Statutes, to read:

28         403.088  Water pollution operation permits;

29  conditions.--

30         (5)  A person permitted under this section shall report

31  to the department, upon discovery, any noncompliance that may

                                  14

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  endanger public health or the environment. Notification shall

 2  be provided orally to the department immediately after

 3  notification of appropriate local health and emergency

 4  management authorities.  A written report detailing the

 5  noncompliance circumstances and actions taken to resolve the

 6  noncompliance also shall be provided to the department within

 7  5 days after discovery unless the department waives the

 8  report.  The department may adopt rules to:

 9         (a)  Specify the circumstances of noncompliance that

10  warrant notification, including, but not limited to, bypasses,

11  upsets, violations of permitted discharge limits, and

12  unauthorized discharges to surface or ground waters.

13         (b)  Specify the information to be included in oral and

14  written notifications of noncompliance.

15         (c)  Specify the persons to be notified of

16  noncompliance and the manner of notification, with

17  consideration given to use of the statewide emergency response

18  system.

19         (d)  Specify any followup actions necessary to ensure

20  resolution of the noncompliance and prevention of future

21  noncompliance.

22         (e)  Otherwise carry out the purposes of this

23  subsection.

24

25  Until such rules are implemented, the department shall notify

26  all affected permittees about the existing statewide toll-free

27  emergency management communications system and other

28  appropriate means of reporting the instances of noncompliance

29  identified in this subsection.

30         Section 14.  Paragraph (b) of subsection (2) of section

31  403.813, Florida Statutes, is amended to read:

                                  15

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         403.813  Permits issued at district centers;

 2  exceptions.--

 3         (2)  No permit under this chapter, chapter 373, chapter

 4  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

 5  1949, Laws of Florida, shall be required for activities

 6  associated with the following types of projects; however,

 7  nothing in this subsection relieves an applicant from any

 8  requirement to obtain permission to use or occupy lands owned

 9  by the Board of Trustees of the Internal Improvement Trust

10  Fund or any water management district in its governmental or

11  proprietary capacity or from complying with applicable local

12  pollution control programs authorized under this chapter or

13  other requirements of county and municipal governments:

14         (b)  The installation and repair of mooring pilings and

15  dolphins associated with private docking facilities or piers

16  and the installation of private docks, piers and recreational

17  docking facilities, or piers and recreational docking

18  facilities of local governmental entities when the local

19  governmental entity's activities will not take place in any

20  manatee habitat, any of which docks:

21         1.  Has 500 square feet or less of over-water surface

22  area for a dock which is located in an area designated as

23  Outstanding Florida Waters or 1,000 square feet or less of

24  over-water surface area for a dock which is located in an area

25  which is not designated as Outstanding Florida Waters;

26         2.  Is constructed on or held in place by pilings or is

27  a floating dock which is constructed so as not to involve

28  filling or dredging other than that necessary to install the

29  pilings;

30         3.  Shall not substantially impede the flow of water or

31  create a navigational hazard;

                                  16

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         4.  Is used for recreational, noncommercial activities

 2  associated with the mooring or storage of boats and boat

 3  paraphernalia; and

 4         5.  Is the sole dock constructed pursuant to this

 5  exemption as measured along the shoreline for a distance of 65

 6  feet, unless the parcel of land or individual lot as platted

 7  is less than 65 feet in length along the shoreline, in which

 8  case there may be one exempt dock allowed per parcel or lot.

 9

10  Nothing in this paragraph shall prohibit the department from

11  taking appropriate enforcement action pursuant to this chapter

12  to abate or prohibit any activity otherwise exempt from

13  permitting pursuant to this paragraph if the department can

14  demonstrate that the exempted activity has caused water

15  pollution in violation of this chapter. With the exception of

16  regulations governing dock structures in aquatic preserves or

17  associated with undeveloped barrier islands or condominiums,

18  neither the department nor the Board of Trustees of the

19  Internal Improvement Trust Fund shall restrict the number of

20  vessels moored at private, single-family residential docks

21  exempted under the provisions of this paragraph.

22         Section 15.  Subsections (2), (4), and (17) of section

23  403.852, Florida Statutes, are amended, and subsection (18) is

24  added to said section, to read:

25         403.852  Definitions; ss. 403.850-403.864.--As used in

26  ss. 403.850-403.864:

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

28  nontransient noncommunity, or noncommunity system for the

29  provision to the public of piped water for human consumption

30  through pipes or other constructed conveyances if, provided

31  that such system has at least 15 service connections or

                                  17

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  regularly serves at least 25 individuals daily at least 60

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

 3  community water system or a noncommunity water system. The

 4  term "public water system" includes:

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

 6  distribution facility or facilities under control of the

 7  operator of such system and used primarily in connection with

 8  such system.

 9         (b)  Any collection or pretreatment storage facility or

10  facilities not under control of the operator of such system

11  but used primarily in connection with such system.

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

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

14  human consumption, which serves at least 25 individuals daily

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

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

17  educational camp is a noncommunity water system. A

18  noncommunity water system is either a nontransient

19  noncommunity water system or a transient noncommunity water

20  system.

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

22  noncommunity public water system that is not a community water

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

24  persons over 6 months per year.

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

26  noncommunity water system that has at least 15 service

27  connections or regularly serves at least 25 persons daily at

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

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

30         Section 16.  Subsections (1) and (6) of section

31  403.853, Florida Statutes, are amended to read:

                                  18

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         403.853  Drinking water standards.--

 2         (1)  The department shall adopt and enforce:

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

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

 5  interim or revised national primary drinking water regulations

 6  in effect at such time; and

 7         2.  State secondary drinking water regulations

 8  patterned after the national secondary drinking water

 9  regulations.

10         (b)  Primary and secondary drinking water regulations

11  for nontransient noncommunity water systems and transient

12  noncommunity water systems, which shall be no more stringent

13  than the corresponding national primary or secondary drinking

14  water regulations in effect at such time, except that

15  nontransient, noncommunity systems shall monitor and comply

16  with additional primary drinking water regulations as

17  determined by the department.

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

19  transient noncommunity water system serving businesses, other

20  than restaurants or other public food service establishments,

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

22  or a local county health department designated by the

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

24  Upon receipt of satisfactory survey results according to

25  department criteria, the department shall reduce the

26  requirements of such owner or operator from monitoring and

27  reporting on a quarterly basis to performing these functions

28  on an annual basis.  Any revised monitoring and reporting

29  schedule approved by the department under this subsection

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

31  or federal primary drinking water standards is determined by

                                  19

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





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

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

 3  sanitary survey. Certified operators are not required for

 4  transient noncommunity water systems of the type and size

 5  covered by this subsection.  Any reports required of such

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

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

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

 9  provisions of state drinking water regulations for such

10  systems.

11         Section 17.  Subsection (3) of section 403.8532,

12  Florida Statutes, is amended to read:

13         403.8532  Drinking water state revolving loan fund;

14  use; rules.--

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

16  community water systems, nonprofit noncommunity water systems,

17  and nonprofit transient and nontransient noncommunity water

18  systems to assist them in planning, designing, and

19  constructing public water systems, unless such public water

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

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

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

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

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

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

26  loan only if the proposed project will result in the

27  consolidation of two or more public water systems. The

28  department is authorized to provide loan guarantees, to

29  purchase loan insurance, and to refinance local debt through

30  the issue of new loans for projects approved by the

31  department. Public water systems are authorized to borrow

                                  20

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  funds made available pursuant to this section and may pledge

 2  any revenues or other adequate security available to them to

 3  repay any funds borrowed. The department shall administer

 4  loans so that amounts credited to the Drinking Water Revolving

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

 6  following purposes:

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

 8  water systems.

 9         (b)  Up to 15 percent to qualifying financially

10  disadvantaged communities.

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

12  for which funds are reserved under this paragraph have been

13  submitted to the department at the time the funding priority

14  list authorized under this section is adopted, the reservation

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

16  award the unreserved funds as otherwise provided in this

17  section.

18         Section 18.  Subsections (4), (5), and (8) of section

19  403.854, Florida Statutes, are amended to read:

20         403.854  Variances, exemptions, and waivers.--

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

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

23  chlorination requirement applicable to transient noncommunity

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

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

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

27  following:

28         1.  The completion of a satisfactory sanitary survey;

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

30  system and monthly or quarterly monitoring tests for

31  bacteriological contamination;

                                  21

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





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

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

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

 4  of water supplied; and

 5         4.  The number of connections and size of the

 6  distribution system.

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

 8  require a monitoring program of sufficient frequency to assure

 9  that safe drinking water standards are being met.

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

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

12  a certified operator for a transient nontransient noncommunity

13  or noncommunity water system using groundwater as a source of

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

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

16  the system can be properly maintained without a certified

17  operator. The department shall consider:

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

19  necessary;

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

21  preceding an application for waiver;

22         (c)  The adequacy of monitoring procedures for maximum

23  contaminant levels included in primary drinking water

24  regulations;

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

26  a certified operator; and

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

28  nonattendance of the system by a certified operator.

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

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

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

                                  22

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  drinking water from any transient noncommunity water system

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

 3         Section 19.  Section 403.865, Florida Statutes, is

 4  amended to read:

 5         403.865  Water and wastewater facility personnel;

 6  legislative purpose.--The Legislature finds that the threat to

 7  the public health and the environment from the operation of

 8  water and wastewater treatment plants and water distribution

 9  systems mandates that qualified personnel operate these

10  facilities. It is the legislative intent that any person who

11  performs the duties of an operator and who falls below minimum

12  competency or who otherwise presents a danger to the public be

13  prohibited from operating a plant or system in this state.

14         Section 20.  Subsections (3) and (5) of section

15  403.866, Florida Statutes, are amended to read:

16         403.866  Definitions; ss. 403.865-403.876.--As used in

17  ss. 403.865-403.876, the term:

18         (3)  "Operator" means any person, including the owner,

19  who is in onsite charge of the actual operation, supervision,

20  and maintenance of a water treatment plant, water distribution

21  system, or domestic wastewater treatment plant and includes

22  the person in onsite charge of a shift or period of operation

23  during any part of the day.

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

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

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

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

28  pumping stations, and all other constructed conveyances

29  structures, devices, appurtenances, and facilities used

30  specifically for such purpose.

31         Section 21.  Section 403.867, Florida Statutes, is

                                  23

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  amended to read:

 2         403.867  License required.--A person may not perform

 3  the duties of an operator of a water treatment plant, water

 4  distribution system, or a domestic wastewater treatment plant

 5  unless he or she holds a current operator's license issued by

 6  the department.

 7         Section 22.  Subsection (1) of section 403.872, Florida

 8  Statutes, is amended to read:

 9         403.872  Requirements for licensure.--

10         (1)  Any person desiring to be licensed as a water

11  treatment plant operator, a water distributions system

12  operator, or a domestic wastewater treatment plant operator

13  must apply to the department to take the licensure

14  examination.

15         Section 23.  Paragraphs (a), (b), and (f) of subsection

16  (1) of section 403.875, Florida Statutes, are amended to read:

17         403.875  Prohibitions; penalties.--

18         (1)  A person may not:

19         (a)  Perform the duties of an operator of a water

20  treatment plant, water distribution system, or domestic

21  wastewater treatment plant unless he or she is licensed under

22  ss. 403.865-403.876.

23         (b)  Use the name or title "water treatment plant

24  operator," "water distribution system operator," or "domestic

25  wastewater treatment plant operator" or any other words,

26  letters, abbreviations, or insignia indicating or implying

27  that he or she is an operator, or otherwise holds himself or

28  herself out as an operator, unless the person is the holder of

29  a valid license issued under ss. 403.865-403.876.

30         (f)  Employ unlicensed persons to perform the duties of

31  an operator of a water treatment or domestic wastewater

                                  24

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  treatment plant or a water distribution system.

 2         Section 24.  Subsection (1) of section 403.88, Florida

 3  Statutes, is amended to read:

 4         403.88  Classification of water and wastewater

 5  treatment facilities and facility operators.--

 6         (1)  The department shall classify water treatment

 7  plants, and wastewater treatment plants, and water

 8  distribution systems by size, complexity, and level of

 9  treatment necessary to render the wastewater or source water

10  suitable for its intended purpose in compliance with this

11  chapter and department rules.

12         Section 25.  The Department of Environmental Protection

13  in cooperation with the Santa Rosa Shores Homeowners

14  Association shall develop a proposal for dredging of a single

15  access channel connected to the existing channels and canals

16  within Santa Rosa Shores, Santa Rosa County, and extending to

17  navigable depths in Santa Rosa Sound.  The proposal shall

18  include a plan of mitigation for offsetting adverse impacts of

19  the dredging, a plan for disposing of dredged materials, a

20  plan for protecting water quality and sea grass habitat during

21  dredging, a plan for long-term maintenance of the channel, and

22  a plan for inspection and study of the project, with annual

23  progress reports to be prepared by the Santa Rosa Shores

24  Homeowners Association for submittal to the Department of

25  Environmental Protection.  The Santa Rosa Shores Homeowners

26  Association shall be responsible for the payment of costs

27  involved with the project and for submitting all required

28  applications required to authorize the project.  Santa Rosa

29  Shores Homeowners Association and the Department of

30  Environmental Protection may contract with the University of

31  West Florida to provide the necessary monitoring services and

                                  25

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1  reports.  The Department of Environmental Protection shall

 2  assist in expediting the processing of the required state

 3  dredge and fill permit, and any associated authorizations

 4  required from the Board of Trustees of the Internal

 5  Improvement Trust Fund and the United States Army Corps of

 6  Engineers.  The Department of Environmental Protection shall

 7  assist the Santa Rosa Shores Homeowners Association in

 8  developing project criteria, including, but not limited to:

 9  the length, width, and depth of the access channel; where and

10  how material is to be excavated and disposed; the method for

11  protecting water quality and sea grass habitat; long-term

12  maintenance of the channel as needed; mitigation design; and

13  design of the monitoring and reporting program.

14         Section 26.  Except as otherwise provided herein, this

15  act shall take effect upon becoming a law.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1, line 2, thru page 2, line 2,

21  remove from the title of the bill:  all of said lines

22

23  and insert in lieu thereof:

24         An act relating to environmental regulation;

25         amending s. 373.4135, F.S.; requiring

26         establishment and operation of mitigation

27         projects under a memorandum of agreement, under

28         certain conditions; providing requirements and

29         exclusions; authorizing certain mitigation

30         options for private single-family lots or

31         homeowners; providing for notice; amending s.

                                  26

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         373.4136, F.S.; revising provisions relating to

 2         size and characteristics of the mitigation

 3         service area; providing for use of regional

 4         watersheds to guide establishment of mitigation

 5         service areas; requiring satisfaction of

 6         cumulative impact considerations; amending s.

 7         373.414, F.S.; revising reporting requirements

 8         relating to money donated as wetlands

 9         mitigation; specifying conditions under which

10         proposed mitigation shall satisfy cumulative

11         impact considerations for a regulated activity;

12         requiring the Department of Environmental

13         Protection and certain water management

14         districts to adopt a single uniform wetland

15         mitigation assessment method, by rule, by a

16         specified date; directing local government use

17         of the assessment method; providing conditions

18         and procedures for use of the assessment

19         method; deleting obsolete language; directing

20         study by the Office of Program Policy Analysis

21         and Government Accountability on mitigation

22         cumulative impact considerations; amending s.

23         403.0882, F.S.; reorganizing and clarifying the

24         section; providing findings and declaration;

25         providing definitions; directing the Department

26         of Environmental Protection to initiate

27         rulemaking, by a specified date, to address

28         facilities that discharge demineralization

29         concentrate; creating a technical advisory

30         committee to assist in rule development;

31         providing permitting requirements relating to

                                  27

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         failure of toxicity tests due to naturally

 2         occurring constituents; providing requirements

 3         for discharge of demineralization concentrate

 4         from small water utility businesses; providing

 5         additional rulemaking authority; amending s.

 6         403.061, F.S.; providing an exemption allowing

 7         demineralization concentrate mixing zones in

 8         Outstanding Florida Waters if specific

 9         requirements are met; creating s. 403.065,

10         F.S.; providing findings and declarations;

11         providing for classification and permitting of

12         aquifer storage and recovery wells; providing a

13         zone of discharge for aquifer storage and

14         recovery wells meeting specific criteria;

15         providing monitoring requirements for aquifer

16         storage and recovery wells; requiring an

17         aquifer exemption for aquifer storage and

18         recovery wells not exceeding primary drinking

19         water standards other than total coliform

20         bacteria or sodium; requiring the department to

21         make a reasonable effort to issue or deny

22         permits within 90 days; providing the

23         department with rulemaking authority to

24         implement this section; amending s. 287.042,

25         F.S.; adding the water management districts to

26         the agencies that can require bid protesters to

27         file a bond; amending s. 373.323, F.S.;

28         providing additional licensure requirements for

29         water well contractors; amending s. 373.324,

30         F.S.; providing a continuing education

31         requirement for license renewal; providing for

                                  28

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         rules; amending s. 373.406, F.S.; authorizing a

 2         water management district or the Department of

 3         Environmental Protection to provide exemptions

 4         from part IV of ch. 373, F.S., relating to

 5         management and storage of surface waters, by

 6         rule; ratifying and affirming certain

 7         previously adopted rules; amending s. 403.088,

 8         F.S.; creating a process by which water

 9         pollution operation permittees must notify the

10         Department of Environmental Protection of any

11         noncompliance action that may endanger public

12         health or the environment; providing rulemaking

13         authority; directing the department to notify

14         permittees of the existing emergency management

15         communications process; amending s. 403.813,

16         F.S.; prohibiting the department and the Board

17         of Trustees of the Internal Improvement Trust

18         Fund from limiting the number of vessels that

19         can use single-family residential docks;

20         providing exceptions; amending s. 403.852,

21         F.S.; revising definitions relating to the

22         "Florida Safe Drinking Water Act"; providing

23         for transient noncommunity water systems;

24         amending ss. 403.853, 403.8532, and 803.854,

25         F.S.; revising provisions relating to drinking

26         water regulation, community water system loan

27         funding, and waiver of disinfection and

28         certified operator requirements for certain

29         noncommunity water systems; amending ss.

30         403.865, 403.866, 403.867, 403.872, 403.875,

31         and 403.88, F.S.; expanding provisions relating

                                  29

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2365

    Amendment No. 8 (for drafter's use only)





 1         to water and wastewater facilities personnel to

 2         include "water distribution systems," as

 3         required by federal law; providing for a

 4         navigational access channel in Santa Rosa

 5         County; requiring certain mitigation, disposal,

 6         water protection, and inspection plans;

 7         requiring reports; providing responsibility for

 8         costs; providing for an expedited process for

 9         state dredge and fill permits; providing for

10         project criteria; providing an effective date.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  30

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