House Bill hb0705

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    Florida House of Representatives - 2001                 HB 705

        By Representatives Spratt, Alexander, Dockery, Harrington,
    Greenstein, Cantens, Lacasa, Diaz-Balart, Machek, Sorensen,
    Barreiro, Diaz de la Portilla, Gottlieb, Ritter, Attkisson,
    Mayfield, Garcia, Bendross-Mindingall, Miller, Bennett and
    Brown


  1                      A bill to be entitled

  2         An act relating to aquifer storage and recovery

  3         wells; creating s. 403.065, F.S.; providing

  4         findings; providing for classifications and

  5         permitting of aquifer storage and recovery

  6         wells; providing a zone of discharge for

  7         aquifer storage and recovery wells meeting

  8         specific criteria; providing monitoring

  9         requirements for aquifer storage and recovery

10         wells; requiring an aquifer exemption for an

11         aquifer storage and recovery well that does not

12         meet primary drinking water standards other

13         than those relating to total coliform bacteria

14         or sodium; requiring the Department of

15         Environmental Protection to make a reasonable

16         effort to issue or deny permits within a

17         specified period; providing rulemaking

18         authority; creating s. 373.222, F.S.; providing

19         requirements for certain domestic wells;

20         providing an effective date.

21

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

23

24         Section 1.  Section 403.065, Florida Statutes, is

25  created to read:

26         403.065  Aquifer storage and recovery wells.--

27         (1)  The Legislature finds that it is in the public

28  interest to conserve and protect water resources, provide

29  adequate water supplies, provide for natural systems, and

30  promote quality aquifer storage and recovery projects by

31  removing inappropriate institutional barriers.

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  1         (2)  The storage of water through the use of aquifer

  2  storage and recovery wells must not endanger drinking water

  3  sources, as established in the federal Safe Drinking Water

  4  Act, 42 U.S.C., s. 300h., and the regulations adopted

  5  thereunder.

  6         (3)  Aquifer storage and recovery wells must be

  7  classified and permitted according to department rules,

  8  consistent with the federal Safe Drinking Water Act, and must

  9  be constructed to prevent violation of state groundwater

10  quality standards at the point of discharge, except as

11  specifically provided in this section.

12         (4)  Aquifer storage and recovery wells must be allowed

13  a zone of discharge for sodium and secondary drinking water

14  standards, if the requirements of paragraphs (5)(b), (c), and

15  (d) and subsection (7) are met.

16         (5)  Aquifer storage and recovery wells used to inject

17  water from a surface water or groundwater source must be

18  allowed a zone of discharge for total coliform bacteria and

19  other biological contaminants demonstrated to die off within

20  the zone of discharge when the applicant for the aquifer

21  storage and recovery well permit demonstrates through a

22  risk-based analysis:

23         (a)  That the native ground water within the proposed

24  zone of discharge contains no less than 1,500 milligrams per

25  liter total dissolved solids;

26         (b)  That the native ground water within the proposed

27  zone of discharge is not currently being used as a public or

28  private drinking water supply, nor can any person other than

29  the permit applicant reasonably be expected to withdraw water

30  from the zone of discharge in the future for such use;

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  1         (c)  That the presence of the stored water will not

  2  cause any person other than the permit applicant to treat

  3  water withdrawn from the aquifer in any way that would not

  4  have been required in the absence of the aquifer storage and

  5  recovery well;

  6         (d)  That the department has approved a monitoring plan

  7  that specifies the number and location of monitor wells,

  8  monitoring parameters, and frequency of monitoring;

  9         (e)  That total coliform bacteria is the only primary

10  drinking water standard other than the standard for sodium

11  that will not be met before injection;

12         (f)  Directly or through the use of indicator organisms

13  approved by the department, that biological contaminants will

14  experience die-off such that primary drinking water standards

15  will be met at the edge of the zone of discharge and that

16  those contaminants will not pose an adverse risk to human

17  health; and

18         (g)  That the environmental benefits to be derived from

19  the storage, recovery, and future use of the injected water

20  and the use of the recovered water is consistent with its

21  intended primary purpose.

22         (6)  The department may allow a zone of discharge for

23  sodium, total coliform bacteria and other biological

24  contaminants demonstrated to die off within the zone of

25  discharge, and secondary drinking water standards if the total

26  dissolved solids concentration of the native ground water

27  within the proposed zone of discharge is less than 1,500

28  milligrams per liter and if the requirements of paragraphs

29  (5)(b)-(5)(g) are satisfied and:

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

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

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

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

  3  because of legal restrictions imposed by a water management

  4  district, state agency, local government, or other

  5  governmental entity having jurisdiction over water supply or

  6  well construction; and

  7         (b)  The permit applicant provides written notice,

  8  including specific information concerning the proposed aquifer

  9  storage and recovery project, to each land owner whose

10  property overlies the zone of discharge.

11

12  The department shall revoke the zone of discharge and require

13  the withdrawal of injected water upon a demonstration by any

14  party that the legal restrictions required under paragraph (a)

15  are no longer in effect.

16         (7)  The zone of discharge for an aquifer storage and

17  recovery well may not intersect or include any part of a

18  500-foot radius surrounding any well that uses the injection

19  zone to supply drinking water.

20         (8)  The permit applicant must demonstrate, based on

21  hydrogeological conditions, the vertical and lateral limits of

22  the zone of discharge by providing the department with

23  calculations or the results of modeling that include, but are

24  not limited to, reasonable assumptions concerning the expected

25  volume of water to be stored and recovered and reasonable

26  assumptions regarding aquifer thickness and porosity.

27  Compliance with the primary drinking water standards for total

28  coliform bacteria and sodium and the secondary drinking water

29  standards is required at the edge of the zone of discharge.

30  The department shall specify the vertical and lateral limits

31  of the approved zone of discharge in the permit.

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  1         (9)  After the aquifer storage and recovery well is in

  2  operation, groundwater monitoring must demonstrate that

  3  biological die-off is occurring, that no exceedances of the

  4  primary drinking water standards have occurred outside the

  5  zone of discharge, and that there is no adverse risk to human

  6  health from the injection activity. If the applicant fails to

  7  make this demonstration, the department shall require

  8  operational modifications, reduction or cessation of

  9  injection, partial or full recovery of water, remediation, or

10  other actions necessary to assure compliance at the edge of

11  the zone of discharge and to protect public health.

12         (10)  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         (11)  Monitor wells must 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         (12)  The department shall make a reasonable effort to

24  issue or deny a permit within 90 days after determining that

25  the permit application is complete. In accordance with s.

26  403.0876(2)(b), the failure of the department to issue or deny

27  an underground injection control permit for an aquifer storage

28  and recovery well within the 90-day time period will not

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

30  will not prevent the inclusion of specific permit conditions

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  1  that are necessary to ensure compliance with applicable

  2  statutes and rules.

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

  4  of aquifer storage and recovery wells necessary to administer

  5  this section.

  6         Section 2.  Section 373.222, Florida Statutes, is

  7  created to read:

  8         373.222  Regulation of domestic use from ground water

  9  affected by aquifer storage and recovery wells.--

10         (1)  Notwithstanding s. 373.219(1), the governing board

11  or the department shall require a permit for the domestic use

12  of ground water from a well that overlies or may influence or

13  be influenced by a zone of discharge for an aquifer storage

14  and recovery well approved by the department under s. 403.065.

15  The governing board or the department may impose such

16  reasonable conditions as are necessary to assure that such use

17  is consistent with the overall objectives of the district or

18  department and is not harmful to the water resources of the

19  area.

20         (2)  The governing board and the department may adopt

21  rules necessary to administer this section.

22         Section 3.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          SENATE SUMMARY

27    Authorizes the Department of Environmental Protection to
      classify and permit aquifer storage and recovery wells
28    consistent with the federal Safe Drinking Water Act.
      Provides standards for construction and operation of
29    wells. Provides requirements for certain domestic wells.

30

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