| 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 investigate sewage contaminant sources when |
| 6 | certain health advisories against swimming in beach waters |
| 7 | are issued; requiring the Department of Health to notify |
| 8 | the municipality or county in which the affected beach is |
| 9 | located of the health advisory; requiring the Department |
| 10 | of Environmental Protection to notify the municipality or |
| 11 | county in which the affected beach is located of the |
| 12 | results of its investigation; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsections (1) through (3) of section 514.023, |
| 17 | Florida Statutes, are amended to read: |
| 18 | 514.023 Sampling of beach waters; health advisories.-- |
| 19 | (1)(3) As used in For purposes of this section, the term |
| 20 | "beach waters" means the waters along the coastal and |
| 21 | intracoastal beaches and shores of the state, and includes salt |
| 22 | water and brackish water. |
| 23 | (2)(1) The department may adopt and enforce rules to |
| 24 | protect the health, safety, and welfare of persons using the |
| 25 | beach waters of the state. The rules must establish health |
| 26 | standards and prescribe procedures and timeframes for |
| 27 | bacteriological sampling of beach waters. |
| 28 | (3)(2) The department may issue health advisories if the |
| 29 | quality of beach waters fails to meet standards established by |
| 30 | the department. The issuance of health advisories related to the |
| 31 | results of bacteriological sampling of beach waters is preempted |
| 32 | to the state. When the department issues a health advisory |
| 33 | against swimming in beach waters on the basis of finding |
| 34 | elevated levels of fecal coliform or enterococci bacteria in a |
| 35 | water sample, the Wastewater Compliance Evaluation Section of |
| 36 | the Department of Environmental Protection shall investigate |
| 37 | wastewater treatment facilities within 1 mile of the affected |
| 38 | beach to determine if a wastewater treatment facility |
| 39 | experienced an incident that may have contributed to the |
| 40 | contamination. The department shall also notify the municipality |
| 41 | or county in which the affected beach is located of the health |
| 42 | advisory. Upon completion of its investigation or discovery of |
| 43 | an incident at a wastewater treatment facility, the Department |
| 44 | of Environmental Protection shall notify the municipality or |
| 45 | county in which the affected beach is located of the results of |
| 46 | such investigation. |
| 47 | Section 2. This act shall take effect July 1, 2008. |