The Florida Senate

403.0882  Discharge of demineralization concentrate.--

(1)  For the purposes of this section, the term:

(a)  "Demineralization concentrate" means the concentrated byproduct formed by demineralization.

(b)  "Demineralization" means the use of reverse osmosis, ion exchange, membrane softening, ultrafiltration, and other similar processes to remove materials from water for the production of potable water for human consumption.

(c)  "Small water utility business" means any facility that distributes potable water to two or more customers with a concentrate discharge of less than 50,000 gallons per day.

(2)  The department shall classify the discharge of demineralization concentrate as a potable water byproduct rather than as an industrial wastewater. Except as otherwise provided in this section, the discharge of demineralization concentrate shall be permitted according to the same requirements as an industrial wastewater under this chapter.

(3)(a)  The discharge of demineralization concentrate from small water utility businesses meeting the standards set forth in this section and s. 403.086(4) shall be presumed to be allowable and permittable in all waters in the state at a reasonably accessible point where such discharge results in minimal negative impact as demonstrated by the permit applicant. The presumption may be overcome only by a demonstration that one or more of the following conditions is present:

1.  The discharge will be made directly into an Outstanding Florida Water, except as provided in chapter 90-262, Laws of Florida;

2.  The discharge will be made directly to Class I or Class II waters;

3.  The discharge will be made to a water body having a total maximum daily load established by the department and the discharge will cause or contribute to a violation of the established load;

4.  The discharge fails to meet the requirements of the antidegradation policy contained in the department rules;

5.  The discharge will be made to a sole-source aquifer as defined in department rules; or

6.  The discharge fails to meet applicable surface water and groundwater quality standards.

(b)  If one or more of the conditions in subparagraphs (a)1.-6. have been demonstrated, the department may:

1.  Require more stringent effluent limitations;

2.  Require relocation of the discharge point or a change in the method of discharge;

3.  Limit the duration or volume of the discharge; or

4.  Prohibit the discharge if there is no alternative that meets the conditions of subparagraphs 1.-3.

(4)(a)  Discharge of demineralization concentrate from facilities used for the production of potable water to domestic wastewater treatment plant effluent disposal, not including reuse systems, shall be presumed allowable if the discharge of concentrate to the wastewater treatment facility is at no time greater than 20 percent of the annual average daily flow of that facility;

(b)  Discharge of demineralization concentrate from facilities used for the production of potable water to domestic wastewater reuse systems, including drain fields, percolation ponds, absorption fields, and spray irrigation sites, shall be allowable if the applicant demonstrates through the engineering report that the blend will meet water quality standards and protect public health, site vegetation, and the ability of the reuse system, including land application, to function as intended.

(5)  For facilities owned by small water utility businesses, the following conditions apply:

(a)  A mixing zone with a radius that is not in excess of two times the natural water depth at the point of discharge for acute toxicity, or a 200-foot radius for chronic toxicity, and that provides for a minimum of 4-to-1 dilution within the mixing zone for acute toxicity under all conditions, shall be presumed allowable in the permitting of discharge of concentrate from facilities used for demineralization for potable water production.

(b)  The department shall not:

1.  Require such businesses to perform toxicity testing at other than the time of permit application, permit renewal, or any requested permit modification, unless the initial toxicity test or any subsequent toxicity test performed by the department does not meet toxicity requirements.

2.  Require such businesses to obtain a water-quality-based effluent limitation determination.

(6)  Demineralization facilities may apply for permits under this section according to the following schedule:

(a)  For facilities providing potable water service to more than 2,000 equivalent residential customers, no later than 18 months after the effective date of this section.

(b)  For facilities providing potable water service to 1,000 or more but not more than 2,000 residential equivalent customers, no later than 24 months after the effective date of this section.

(c)  For facilities providing potable water service to fewer than 1,000 equivalent residential customers, or small water utility businesses, no later than 36 months after the effective date of this section.

(7)  The department may adopt rules for the regulation of demineralization and to implement the provisions of this section.

History.--s. 43, ch. 97-160.