Florida Senate - 2019 CS for SB 216 By the Committee on Environment and Natural Resources; and Senators Gruters and Harrell 592-02965-19 2019216c1 1 A bill to be entitled 2 An act relating to water quality improvements; 3 creating s. 403.0771, F.S.; requiring each wastewater 4 facility that unlawfully discharges specified volumes 5 of sewage into a waterway or aquifer to notify certain 6 customers by first class mail within a specified 7 timeframe; providing requirements for the written 8 notifications; amending s. 403.141, F.S.; providing 9 penalties for wastewater treatment facilities that 10 unlawfully discharge a specified volume of sewage into 11 designated areas; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 403.0771, Florida Statutes, is created 16 to read: 17 403.0771 Sewage spill notification.— 18 (1) In addition to the public notification requirements of 19 s. 403.077, a wastewater treatment facility that unlawfully 20 discharges more than 1,000 gallons of raw or partially treated 21 sewage into any waterway or aquifer in violation of the 22 conditions set forth in a permit issued pursuant to s. 403.088 23 or s. 403.0885 must, within 24 hours after discovering the 24 discharge, send written notification by first class mail to the 25 following customers: 26 (a) For spills of 1,000 to 100,000 gallons, customers 27 within a half-mile radius. 28 (b) For spills between 100,000 and 1 million gallons, 29 customers within a 1-mile radius. 30 (c) For spills of more than 1 million gallons, all 31 customers of the wastewater facility. 32 (2) The written notification required under subsection (1) 33 must include, at a minimum, all of the following: 34 (a) The date and time of the discharge. 35 (b) The status of the discharge. 36 (c) The estimated volume of the discharge. 37 (d) The location or address of the discharge. 38 (e) A description of the area affected by the discharge, 39 including the name of the waterbody affected, if any. 40 (f) The name and phone number of all local elected 41 officials who have authority over the facility responsible for 42 the discharge. 43 Section 2. Present subsection (4) of section 403.141, 44 Florida Statutes, is redesignated as subsection (5), and a new 45 subsection (4) is added to that section, to read: 46 403.141 Civil liability; joint and several liability.— 47 (4) In addition to the civil penalty limitation set forth 48 in subsection (1), a wastewater treatment facility that 49 unlawfully discharges 1,000 gallons or more of raw or partially 50 treated sewage into any waterway or aquifer, in violation of the 51 conditions set forth in a permit issued pursuant to s. 403.0885, 52 must: 53 (a) Remit to the department a penalty of $1 for each gallon 54 of sewage discharged; or 55 (b) Calculate or provide an estimate of the number of 56 gallons of sewage discharged and, with the department’s 57 approval, spend $2 per gallon to upgrade and repair the 58 wastewater system to prevent future unlawful discharges. Such 59 funds may be used to smoke test sewer lines, repair and replace 60 sewer mains and laterals, repair manholes, purchase and maintain 61 generators for lift stations, increase wastewater treatment 62 facility capacity, and provide incremental nutrient reduction 63 technology. 64 1. If a wastewater treatment facility is unable to 65 calculate or estimate the volume discharged, the facility must 66 remit to the department a minimum penalty of $10,000. 67 2. If the cost of all potential repairs and upgrades is 68 less than the calculated penalty amount, the total funds used to 69 perform repairs and upgrades may not exceed the cost identified. 70 Section 3. This act shall take effect July 1, 2019.