HB 613

1	A bill to be entitled
2	An act relating to domestic wastewater discharged through
3	ocean outfalls; amending s. 403.086, F.S.; postponing the
4	dates by which domestic wastewater facilities must meet
5	more stringent treatment and management requirements;
6	providing exceptions and alternatives; providing an
7	effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Paragraphs (b) through (e) of subsection (9) of
12	section 403.086, Florida Statutes, are amended to read:
13	403.086  Sewage disposal facilities; advanced and secondary
14	waste treatment.-
15	(9)  The Legislature finds that the discharge of domestic
16	wastewater through ocean outfalls wastes valuable water supplies
17	that should be reclaimed for beneficial purposes to meet public
18	and natural systems demands. The Legislature also finds that
19	discharge of domestic wastewater through ocean outfalls
20	compromises the coastal environment, quality of life, and local
21	economies that depend on those resources. The Legislature
22	declares that more stringent treatment and management
23	requirements for such domestic wastewater and the subsequent,
24	timely elimination of ocean outfalls as a primary means of
25	domestic wastewater discharge are in the public interest.
26	(b)  With the exception of cumulative peak flows that do
27	not exceed 10 percent of total annual flows, the discharge of
28	domestic wastewater through ocean outfalls must shall meet
29	advanced wastewater treatment and management requirements by
30	December 31, 2023 no later than December 31, 2018. For purposes
31	of this subsection, the term "advanced wastewater treatment and
32	management requirements" means the advanced waste treatment
33	requirements set forth in subsection (4), a reduction in outfall
34	baseline loadings of total nitrogen and total phosphorus which
35	is equivalent to that which would be achieved by the advanced
36	waste treatment requirements in subsection (4), or a reduction
37	in cumulative outfall loadings of total nitrogen and total
38	phosphorus occurring between December 31, 2008, and December 31,
39	2030 2025, which is equivalent to that which would be achieved
40	if the advanced waste treatment requirements in subsection (4)
41	were fully implemented beginning December 31, 2023 2018, and
42	continued through December 31, 2030 2025. The department shall
43	establish the average baseline loadings of total nitrogen and
44	total phosphorus for each outfall using monitoring data
45	available for calendar years 2003 through 2007 and shall
46	establish required loading reductions based on this baseline.
47	The baseline loadings and required loading reductions of total
48	nitrogen and total phosphorus shall be expressed as an average
49	annual daily loading value. The advanced wastewater treatment
50	and management requirements of this paragraph shall be deemed to
51	be met for any domestic wastewater facility discharging through
52	an ocean outfall on July 1, 2008, which, by December 31, 2023,
53	has installed no later than December 31, 2018, a fully
54	operational reuse system comprising 100 percent of the
55	facility's annual average daily flow for reuse activities
56	authorized by the department.
57	(c)  Each domestic wastewater facility that discharges
58	through an ocean outfall on July 1, 2008, must shall install a
59	functioning reuse system by December 31, 2030 no later than
60	December 31, 2025. For purposes of this subsection, a
61	"functioning reuse system" means an environmentally,
62	economically, and technically feasible system that provides a
63	minimum treatment capacity of 60 percent of the facility's
64	actual flow on an annual basis for irrigation of public access
65	areas, residential properties, or agricultural crops; aquifer
66	recharge; groundwater recharge; industrial cooling; or other
67	acceptable reuse purposes authorized by the department. For
68	purposes of this subsection, the term "facility's actual flow on
69	an annual basis" means the annual average flow of domestic
70	wastewater discharging through the facility's ocean outfall, as
71	determined by the department, using monitoring data available
72	for calendar years 2003 through 2007. Flows diverted from
73	facilities to other facilities that provide 100 percent reuse of
74	the diverted flows before prior to December 31, 2030 2025, shall
75	be considered to contribute to meeting the 60 percent reuse
76	requirement. For utilities operating more than one outfall, the
77	reuse requirement can be met if the combined actual reuse flows
78	from facilities served by the outfalls is at least 60 percent of
79	the sum of the total actual flows from the facilities, including
80	flows diverted to other facilities for 100 percent reuse before
81	prior to December 31, 2030 2025. If, In the event treatment in
82	addition to the advanced wastewater treatment and management
83	requirements described in paragraph (b), treatment is needed in
84	order to support a functioning reuse system, such treatment must
85	shall be fully operational by December 31, 2030 no later than
86	December 31, 2025. Utilities may also satisfy the reuse
87	requirement by demonstrating that they have a functioning reuse
88	system equivalent to 60 percent of the total average daily
89	wastewater flows of their entire wastewater system by December
90	32, 2030.
91	(d)  With the exception of cumulative peak flows that do
92	not exceed 10 percent of total annual flows, the discharge of
93	domestic wastewater through ocean outfalls is prohibited after
94	December 31, 2030 2025, except as a backup discharge that is
95	part of a functioning reuse system authorized by the department
96	as provided for in paragraph (c). A backup discharge may occur
97	only during periods of reduced demand for reclaimed water in the
98	reuse system, such as periods of wet weather, and must shall
99	comply with the advanced wastewater treatment and management
100	requirements of paragraph (b).
101	(e)  The holder of a department permit authorizing the
102	discharge of domestic wastewater through an ocean outfall as of
103	July 1, 2008, shall submit the following to the secretary of the
104	department the following:
105	1.  A detailed plan to meet the requirements of this
106	subsection, including the an identification of all land
107	acquisition and facilities necessary to provide for reuse of the
108	domestic wastewater; an analysis of the costs to meet the
109	requirements; and a financing plan for meeting the requirements,
110	including identifying any actions necessary to implement the
111	financing plan, such as bond issuance or other borrowing,
112	assessments, rate increases, fees, other charges, or other
113	financing mechanisms. The plan must shall include a detailed
114	schedule for the completion of all necessary actions and shall
115	be accompanied by supporting data and other documentation. The
116	plan must shall be submitted by July 1, 2018 no later than July
117	1, 2013.
118	2.  By July 1, 2021 No later than July 1, 2016, an update
119	of the plan required in subparagraph 1. documenting any
120	refinements or changes in the costs, actions, or financing
121	necessary to eliminate the ocean outfall discharge in accordance
122	with this subsection or a written statement that the plan is
123	current and accurate.
124	Section 2.  This act shall take effect July 1, 2011.

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