Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 216
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2019           .                                

       The Committee on Environment and Natural Resources (Gruters)
       recommended the following:
    2         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.0771, Florida Statutes, is created
    6  to read:
    7         403.0771Sewage spill notification.—
    8         (1)In addition to the public notification requirements of
    9  s. 403.077, a wastewater treatment facility that unlawfully
   10  discharges more than 1,000 gallons of raw or partially treated
   11  sewage into any waterway or aquifer in violation of the
   12  conditions set forth in a permit issued pursuant to s. 403.088
   13  or s. 403.0885 must, within 24 hours after discovering the
   14  discharge, send written notification by first class mail to the
   15  following customers:
   16         (a)For spills of 1,000 to 100,000 gallons, customers
   17  within a half-mile radius.
   18         (b)For spills between 100,000 and 1 million gallons,
   19  customers within a 1-mile radius.
   20         (c)For spills of more than 1 million gallons, all
   21  customers of the wastewater facility.
   22         (2)The written notification required under subsection (1)
   23  must include, at a minimum, all of the following:
   24         (a)The date and time of the discharge.
   25         (b)The status of the discharge.
   26         (c)The estimated volume of the discharge.
   27         (d)The location or address of the discharge.
   28         (e)A description of the area affected by the discharge,
   29  including the name of the waterbody affected, if any.
   30         (f)The name and phone number of all local elected
   31  officials who have authority over the facility responsible for
   32  the discharge.
   33         Section 2. Paragraph (a) of subsection (4) of section
   34  403.086, Florida Statutes, is amended to read:
   35         403.086 Sewage disposal facilities; advanced and secondary
   36  waste treatment.—
   37         (4) For purposes of this section, the term “advanced waste
   38  treatment” means that treatment which will provide a reclaimed
   39  water product that:
   40         (a) Contains not more, on a permitted annual average basis,
   41  than the following concentrations:
   42         1. Biochemical Oxygen Demand
   43  (CBOD5)....................................................5mg/l
   44         2. Suspended Solids.................................5mg/l
   45         3. Total Nitrogen, expressed as N.............1mg/l 3mg/l
   46         4. Total Phosphorus, expressed as P.......0.075mg/l 1mg/l
   48  In those waters where the concentrations of phosphorus have been
   49  shown not to be a limiting nutrient or a contaminant, the
   50  department may waive or alter the compliance levels for
   51  phosphorus until there is a demonstration that phosphorus is a
   52  limiting nutrient or a contaminant.
   53         Section 3. Present subsection (4) of section 403.141,
   54  Florida Statutes, is redesignated as subsection (5), and a new
   55  subsection (4) is added to that section, to read:
   56         403.141 Civil liability; joint and several liability.—
   57         (4)In addition to the civil penalty limitation set forth
   58  in subsection (1), a wastewater treatment facility that
   59  unlawfully discharges 1,000 gallons or more of raw or partially
   60  treated sewage into any waterway or aquifer, in violation of the
   61  conditions set forth in a permit issued pursuant to s. 403.0885,
   62  must:
   63         (a)Remit to the department a penalty of $1 for each gallon
   64  of sewage discharged; or
   65         (b)Calculate or provide an estimate of the number of
   66  gallons of sewage discharged and, with the department’s
   67  approval, spend $2 per gallon to upgrade and repair the
   68  wastewater system to prevent future unlawful discharges. Such
   69  funds may be used to smoke test sewer lines, repair and replace
   70  sewer mains and laterals, repair manholes, purchase and maintain
   71  generators for lift stations, increase wastewater treatment
   72  facility capacity, and provide incremental nutrient reduction
   73  technology.
   74         1.If a wastewater treatment facility is unable to
   75  calculate or estimate the volume discharged, the facility must
   76  remit to the department a minimum penalty of $10,000.
   77         2.If the cost of all potential repairs and upgrades is
   78  less than the calculated penalty amount, the total funds used to
   79  perform repairs and upgrades may not exceed the cost identified.
   80         Section 4. For the purpose of incorporating the amendment
   81  made by this act to section 403.086, Florida Statutes, in a
   82  reference thereto, paragraph (a) of subsection (6) of section
   83  403.0882, Florida Statutes, is reenacted to read:
   84         403.0882 Discharge of demineralization concentrate.—
   85         (6) This subsection applies only to small water utility
   86  businesses.
   87         (a) The discharge of demineralization concentrate from
   88  small water utility businesses is presumed to be allowable and
   89  permittable in all waters in the state if:
   90         1. The discharge meets the effluent limitations in s.
   91  403.086(4), except that high level disinfection is not required
   92  unless the presence of fecal coliforms in the source water will
   93  result in the discharge not meeting applicable water quality
   94  standards;
   95         2. The discharge of demineralization concentrate achieves a
   96  minimum of 4-to-1 dilution within a distance not in excess of
   97  two times the natural water depth at the point of discharge
   98  under all flow conditions; and
   99         3. The point of discharge is located at a reasonably
  100  accessible point that minimizes water quality impacts to the
  101  greatest extent possible.
  102         Section 5. This act shall take effect July 1, 2019.
  104  ================= T I T L E  A M E N D M E N T ================
  105  And the title is amended as follows:
  106         Delete everything before the enacting clause
  107  and insert:
  108                        A bill to be entitled                      
  109         An act relating to water quality improvements;
  110         creating s. 403.0771, F.S.; requiring each wastewater
  111         facility that unlawfully discharges specified volumes
  112         of sewage into a waterway or aquifer to notify certain
  113         customers by first class mail within a specified
  114         timeframe; providing requirements for the written
  115         notifications; amending s. 403.086, F.S.; redefining
  116         the term “advanced waste treatment” to decrease the
  117         acceptable concentrations of total nitrogen and total
  118         phosphorus; amending s. 403.141, F.S.; providing
  119         penalties for wastewater treatment facilities that
  120         unlawfully discharge a specified volume of sewage into
  121         designated areas; reenacting s. 403.0882(6)(a), F.S.,
  122         relating to the discharge of demineralization
  123         concentrate, to incorporate the amendment made to s.
  124         403.086, F.S., in a reference thereto; providing an
  125         effective date.