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.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 403.0771, Florida Statutes, is created
   16  to read:
   17         403.0771Sewage 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.