HB 989

1	A bill to be entitled
2	An act relating to domestic wastewater discharged
3	through ocean outfalls; amending s. 403.086, F.S.;
4	postponing the dates by which domestic wastewater
5	facilities must meet more stringent treatment and
6	management requirements; providing exceptions;
7	revising the definition of the term "functioning reuse
8	system"; changing the term "facility's actual flow on
9	an annual basis" to "baseline flow"; revising plan
10	requirements for the elimination of ocean outfalls;
11	providing that certain utilities that shared a common
12	ocean outfall on a specified date are individually
13	responsible for meeting the reuse requirement;
14	authorizing those utilities to enter into binding
15	agreements to share or transfer responsibility for
16	meeting reuse requirements; revising provisions
17	authorizing the backup discharge of domestic
18	wastewater through ocean outfalls; requiring a holder
19	of a department permit authorizing the discharge of
20	domestic wastewater through an ocean outfall to submit
21	certain information; requiring the Department of
22	Environmental Protection, the South Florida Water
23	Management District, and affected utilities to
24	consider certain information for the purpose of
25	adjusting reuse requirements; requiring the department
26	to submit a report to the Legislature; providing an
27	effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Subsection (9) of section 403.086, Florida
32	Statutes, is amended to read:
33	403.086  Sewage disposal facilities; advanced and secondary
34	waste treatment.-
35	(9)  The Legislature finds that the discharge of domestic
36	wastewater through ocean outfalls wastes valuable water supplies
37	that should be reclaimed for beneficial purposes to meet public
38	and natural systems demands. The Legislature also finds that
39	discharge of domestic wastewater through ocean outfalls
40	compromises the coastal environment, quality of life, and local
41	economies that depend on those resources. The Legislature
42	declares that more stringent treatment and management
43	requirements for such domestic wastewater and the subsequent,
44	timely elimination of ocean outfalls as a primary means of
45	domestic wastewater discharge are in the public interest.
46	(a)  The construction of new ocean outfalls for domestic
47	wastewater discharge and the expansion of existing ocean
48	outfalls for this purpose, along with associated pumping and
49	piping systems, are prohibited. Each domestic wastewater ocean
50	outfall shall be limited to the discharge capacity specified in
51	the department permit authorizing the outfall in effect on July
52	1, 2008, which discharge capacity shall not be increased.
53	Maintenance of existing, department-authorized domestic
54	wastewater ocean outfalls and associated pumping and piping
55	systems is allowed, subject to the requirements of this section.
56	The department is directed to work with the United States
57	Environmental Protection Agency to ensure that the requirements
58	of this subsection are implemented consistently for all domestic
59	wastewater facilities in Florida which discharge through ocean
60	outfalls.
61	(b)  The discharge of domestic wastewater through ocean
62	outfalls must shall meet advanced wastewater treatment and
63	management requirements by December 31, 2020 no later than
64	December 31, 2018. For purposes of this subsection, the term
65	"advanced wastewater treatment and management requirements"
66	means the advanced waste treatment requirements set forth in
67	subsection (4), a reduction in outfall baseline loadings of
68	total nitrogen and total phosphorus which is equivalent to that
69	which would be achieved by the advanced waste treatment
70	requirements in subsection (4), or a reduction in cumulative
71	outfall loadings of total nitrogen and total phosphorus
72	occurring between December 31, 2008, and December 31, 2025,
73	which is equivalent to that which would be achieved if the
74	advanced waste treatment requirements in subsection (4) were
75	fully implemented beginning December 31, 2020 2018, and
76	continued through December 31, 2025. The department shall
77	establish the average baseline loadings of total nitrogen and
78	total phosphorus for each outfall using monitoring data
79	available for calendar years 2003 through 2007 and shall
80	establish required loading reductions based on this baseline.
81	The baseline loadings and required loading reductions of total
82	nitrogen and total phosphorus shall be expressed as an average
83	annual daily loading value. The advanced wastewater treatment
84	and management requirements of this paragraph are shall be
85	deemed to be met for any domestic wastewater facility
86	discharging through an ocean outfall on July 1, 2008, which has
87	installed by no later than December 31, 2018, a fully
88	operational reuse system comprising 100 percent of the
89	facility's annual average daily flow for reuse activities
90	authorized by the department.
91	(c)1.  Each utility that had a permit for a domestic
92	wastewater facility that discharged discharges through an ocean
93	outfall on July 1, 2008, must shall install a functioning reuse
94	system by no later than December 31, 2025. For purposes of this
95	subsection, a "functioning reuse system" means an
96	environmentally, economically, and technically feasible system
97	that provides a minimum of 60 percent of a the facility's
98	baseline actual flow or, for utilities operating more than one
99	facility, 60 percent of the utility's entire wastewater system
100	flow on an annual basis on December 31, 2025. Reuse may be on an
101	annual basis for irrigation of public access areas, residential
102	properties, or agricultural crops; aquifer recharge; groundwater
103	recharge; industrial cooling; or other acceptable reuse purposes
104	authorized by the department. For purposes of this subsection,
105	the term "baseline flow" "facility's actual flow on an annual
106	basis" means the annual average flow of domestic wastewater
107	discharging through the facility's ocean outfall, as determined
108	by the department, using monitoring data available for calendar
109	years 2003 through 2007.
110	2.  Flows diverted from facilities to other facilities that
111	provide 100 percent reuse of the diverted flows before prior to
112	December 31, 2025, are shall be considered to contribute to
113	meeting the 60 percent reuse requirement. For utilities
114	operating more than one outfall, the reuse requirement may can
115	be apportioned between the met if the combined actual reuse
116	flows from facilities served by the outfalls is at least 60
117	percent of the sum of the total actual flows from the
118	facilities, including flows diverted to other facilities for 100
119	percent reuse before prior to December 31, 2025. Utilities that
120	shared a common ocean outfall for the discharge of domestic
121	wastewater on July 1, 2008, regardless of which utility operates
122	the ocean outfall, are individually responsible for meeting the
123	reuse requirement and may enter into binding agreements to share
124	or transfer such responsibility among the utilities. If In the
125	event treatment in addition to the advanced wastewater treatment
126	and management requirements described in paragraph (b) is needed
127	in order to support a functioning reuse system, the such
128	treatment must shall be fully operational by no later than
129	December 31, 2025.
130	(d)  The discharge of domestic wastewater through ocean
131	outfalls is prohibited after December 31, 2025, except as a
132	backup discharge that is part of a functioning reuse system or
133	other wastewater management system authorized by the department
134	as provided for in paragraph (c). Except as otherwise provided
135	in this subsection, a backup discharge may occur only during
136	periods of reduced demand for reclaimed water in the reuse
137	system, such as periods of wet weather, or as the result of peak
138	flows from other wastewater management systems, and must shall
139	comply with the advanced wastewater treatment and management
140	requirements of paragraph (b). Peak flow backup discharges from
141	other wastewater management systems may not cumulatively exceed
142	5 percent of a facility's baseline flow, measured as a 5-year
143	rolling average, and are subject to applicable secondary waste
144	treatment and water-quality-based effluent limitations specified
145	in department rules. When in compliance with the effluent
146	limitations, the peak flow backup discharges shall be deemed to
147	meet the advanced wastewater treatment and management
148	requirements of this subsection.
149	(e)  The holder of a department permit authorizing the
150	discharge of domestic wastewater through an ocean outfall as of
151	July 1, 2008, shall submit the following to the secretary of the
152	department the following:
153	1.  A detailed plan to meet the requirements of this
154	subsection, including the identification of the technical,
155	environmental, and economic feasibility of various reuse
156	options; the an identification of all land acquisition and
157	facilities necessary to provide for reuse of the domestic
158	wastewater; an analysis of the costs to meet the requirements,
159	including the level of treatment necessary to satisfy state
160	water quality requirements and local water quality
161	considerations and a cost comparison of reuse using flows from
162	ocean outfalls and flows from other domestic wastewater sources;
163	and a financing plan for meeting the requirements, including
164	identifying any actions necessary to implement the financing
165	plan, such as bond issuance or other borrowing, assessments,
166	rate increases, fees, other charges, or other financing
167	mechanisms. The plan must evaluate reuse demand in the context
168	of future regional water supply demands, the availability of
169	traditional water supplies, the need for development of
170	alternative water supplies, the degree to which various reuse
171	options offset potable water supplies, and other factors
172	considered in the South Florida Water Management District's
173	Lower East Coast Regional Water Supply Plan. The plan must shall
174	include a detailed schedule for the completion of all necessary
175	actions and shall be accompanied by supporting data and other
176	documentation. The plan must shall be submitted by October 1,
177	2014 no later than July 1, 2013.
178	2.  By July 1, 2018 No later than July 1, 2016, an update
179	of the plan required in subparagraph 1. documenting any
180	refinements or changes in the costs, actions, or financing
181	necessary to eliminate the ocean outfall discharge in accordance
182	with this subsection or a written statement that the plan is
183	current and accurate.
184	(f)  By December 31, 2009, and by December 31 every 5 years
185	thereafter, the holder of a department permit authorizing the
186	discharge of domestic wastewater through an ocean outfall shall
187	submit to the secretary of the department a report summarizing
188	the actions accomplished to date and the actions remaining and
189	proposed to meet the requirements of this subsection, including
190	progress toward meeting the specific deadlines set forth in
191	paragraphs (b) through (e). The report shall include the
192	detailed schedule for and status of the evaluation of reuse and
193	disposal options, preparation of preliminary design reports,
194	preparation and submittal of permit applications, construction
195	initiation, construction progress milestones, construction
196	completion, initiation of operation, and continuing operation
197	and maintenance.
198	(g)  No later than July 1, 2010, and by July 1 every 5
199	years thereafter, the department shall submit a report to the
200	Governor, the President of the Senate, and the Speaker of the
201	House of Representatives on the implementation of this
202	subsection. The report shall summarize progress to date,
203	including the increased amount of reclaimed water provided and
204	potable water offsets achieved, and identify any obstacles to
205	continued progress, including all instances of substantial
206	noncompliance.
207	(h)  By February 1, 2012, the department shall submit a
208	report to the Governor and Legislature detailing the results and
209	recommendations from phases 1 through 3 of its ongoing study on
210	reclaimed water use.
211	(i)  The renewal of each permit that authorizes the
212	discharge of domestic wastewater through an ocean outfall as of
213	July 1, 2008, shall be accompanied by an order in accordance
214	with s. 403.088(2)(e) and (f) which establishes an enforceable
215	compliance schedule consistent with the requirements of this
216	subsection.
217	(j)  An entity that diverts wastewater flow from a
218	receiving facility that discharges domestic wastewater through
219	an ocean outfall must meet the 60 percent reuse requirement of
220	paragraph (c). Reuse by the diverting entity of the diverted
221	flows shall be credited to the diverting entity. The diverted
222	flow shall also be correspondingly deducted from the receiving
223	facility's baseline actual flow on an annual basis from which
224	the required reuse is calculated pursuant to paragraph (c), and
225	the receiving facility's reuse requirement shall be recalculated
226	accordingly.
227
228	The department, the South Florida Water Management District, and
229	the affected utilities must consider the information in the
230	detailed plan under paragraph (e) for the purpose of adjusting,
231	as necessary, the reuse requirements of this subsection. The
232	department shall submit a report to the Legislature by February
233	15, 2015, containing recommendations for any changes necessary
234	to the requirements of this subsection.
235	Section 2.  This act shall take effect July 1, 2012.

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