| 1 | A bill to be entitled |
| 2 | An act relating to the management of wastewater; amending |
| 3 | s. 514.023, F.S.; requiring that the Wastewater Compliance |
| 4 | Evaluation Section of the Department of Environmental |
| 5 | Protection identify sewage contaminant sources when |
| 6 | certain health advisories prohibiting swimming in beach |
| 7 | waters are issued; requiring that the department notify |
| 8 | certain counties and municipalities after discovering that |
| 9 | a wastewater facility is in violation of laws concerning |
| 10 | pollution control; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsections (1) through (3) of section 514.023, |
| 15 | Florida Statutes, are amended to read: |
| 16 | 514.023 Sampling of beach waters; health advisories.-- |
| 17 | (1) As used in this section, the term "beach waters" means |
| 18 | the waters along the coastal and intracoastal beaches and shores |
| 19 | of the state, and includes salt water and brackish water. |
| 20 | (2)(1) The department may adopt and enforce rules to |
| 21 | protect the health, safety, and welfare of persons using the |
| 22 | beach waters of the state. The rules must establish health |
| 23 | standards and prescribe procedures and timeframes for |
| 24 | bacteriological sampling of beach waters. |
| 25 | (3)(2) The department may issue health advisories if the |
| 26 | quality of beach waters fails to meet standards established by |
| 27 | the department. The issuance of health advisories related to the |
| 28 | results of bacteriological sampling of beach waters is preempted |
| 29 | to the state. When a health advisory that prohibits swimming in |
| 30 | beach waters is issued on the basis of the results of the |
| 31 | bacteriological sampling of waters or when departmental rules or |
| 32 | another law requires issuance of a health advisory that |
| 33 | prohibits swimming in beach waters on the basis of such results, |
| 34 | the Wastewater Compliance Evaluation Section of the Department |
| 35 | of Environmental Protection shall identify the source of the |
| 36 | sewage contaminants. |
| 37 | (3) For purposes of this section, the term "beach waters" |
| 38 | means the waters along the coastal and intracoastal beaches and |
| 39 | shores of the state, and includes salt water and brackish water. |
| 40 | Section 2. The Department of Environmental Protection |
| 41 | shall, within 5 days after discovering that a wastewater |
| 42 | facility is in violation of part I of chapter 403, Florida |
| 43 | Statutes, notify each county and municipality within a 5-mile |
| 44 | radius of the facility. The notice must be provided in writing |
| 45 | for each violation discovered. |
| 46 | Section 3. This act shall take effect July 1, 2008. |