Bill Text: FL S0454 | 2020 | Regular Session | Introduced
Bill Title: Discharge of Domestic Wastewater
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Environment and Natural Resources [S0454 Detail]
Download: Florida-2020-S0454-Introduced.html
Florida Senate - 2020 SB 454 By Senator Rodriguez 37-00419-20 2020454__ 1 A bill to be entitled 2 An act relating to the discharge of domestic 3 wastewater; amending s. 403.086, F.S.; revising 4 legislative findings regarding the discharge of 5 domestic wastewater; prohibiting the construction of 6 new deep injection wells for domestic wastewater 7 discharge or the expansion of existing wells; limiting 8 the discharge capacity of domestic wastewater deep 9 well injection; requiring current ocean outfall and 10 deep well injection permitholders to install a 11 functioning reuse system within the utility’s service 12 area by specified dates; providing exceptions; 13 prohibiting the discharge of domestic wastewater 14 through ocean outfalls and deep injection wells after 15 specified dates; requiring current deep well injection 16 permitholders to submit a plan to meet certain 17 requirements to the Department of Environmental 18 Protection by a specified date; requiring the plan to 19 be updated at specified intervals; requiring annual 20 progress reports to the department and to the Governor 21 and Legislature on compliance with the act; providing 22 requirements for the renewal of permits; requiring the 23 department to submit a report to the Legislature by a 24 specified date; amending ss. 373.250, 373.705, 25 373.707, and 373.709, F.S.; conforming provisions to 26 changes made by the act; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (9) of section 403.086, Florida 31 Statutes, is amended to read: 32 403.086 Sewage disposal facilities; advanced and secondary 33 waste treatment.— 34 (9) The Legislature finds that the discharge of domestic 35 wastewater through ocean outfalls and through deep well 36 injections wastes valuable water supplies that should be 37 reclaimed for beneficial purposes to meet public and natural 38 systems demands. The Legislature also finds that discharge of 39 domestic wastewater through ocean outfalls compromises the 40 coastal environment, quality of life, and local economies that 41 depend on those resources, and that the discharge of domestic 42 wastewater through deep well injections compromises the waters 43 of the state, including this state’s drinking water supply. The 44 Legislature declares that more stringent treatment and 45 management requirements for such domestic wastewater and the 46 subsequent, timely elimination of ocean outfalls and deep well 47 injections asaprimary means of domestic wastewater discharge 48 are in the public interest. 49 (a) The construction of new ocean outfalls and new deep 50 injection wells for domestic wastewater discharge and the 51 expansion of existing ocean outfalls and wells for this purpose, 52 along with associated pumping and piping systems, are 53 prohibited. Each domestic wastewater ocean outfall isshall be54 limited to the discharge capacity specified in the department 55 permit authorizing the outfall in effect on July 1, 2008, which 56 discharge capacity mayshallnot be increased. Each domestic 57 wastewater deep injection well is limited to the discharge 58 capacity specified in the department permit authorizing the well 59 in effect on July 1, 2020. Maintenance of existing, department 60 authorized domestic wastewater ocean outfalls and deep injection 61 wells and associated pumping and piping systems is allowed, 62 subject to the requirements of this section. The department is 63 directed to work with the United States Environmental Protection 64 Agency to ensure that the requirements of this subsection are 65 implemented consistently for all domestic wastewater facilities 66 in the state which discharge through ocean outfalls and deep 67 well injections. 68 (b) The discharge of domestic wastewater through ocean 69 outfalls must meet advanced wastewater treatment and management 70 requirements by December 31, 2018. For purposes of this 71 subsection, the term “advanced wastewater treatment and 72 management requirements” means the advanced waste treatment 73 requirements set forth in subsection (4), a reduction in outfall 74 baseline loadings of total nitrogen and total phosphorus which 75 is equivalent to that which would be achieved by the advanced 76 waste treatment requirements in subsection (4), or a reduction 77 in cumulative outfall loadings of total nitrogen and total 78 phosphorus occurring between December 31, 2008, and December 31, 79 2025, which is equivalent to that which would be achieved if the 80 advanced waste treatment requirements in subsection (4) were 81 fully implemented beginning December 31, 2018, and continued 82 through December 31, 2025. The department shall establish the 83 average baseline loadings of total nitrogen and total phosphorus 84 for each outfall using monitoring data available for calendar 85 years 2003 through 2007 and establish required loading 86 reductions based on this baseline. The baseline loadings and 87 required loading reductions of total nitrogen and total 88 phosphorus shall be expressed as an average annual daily loading 89 value. The advanced wastewater treatment and management 90 requirements of this paragraph are deemed met for any domestic 91 wastewater facility discharging through an ocean outfall on July 92 1, 2008, which has installed by December 31, 2018, a fully 93 operational reuse system comprising 100 percent of the 94 facility’s baseline flow on an annual basis for reuse activities 95 authorized by the department. 96 (c)1. Each utility that, as of July 1, 2008, had a permit 97 for a domestic wastewater facility that discharged through an 98 ocean outfall or, as of July 1, 2020, had a permit for a 99 domestic wastewater facility that discharged through a deep well 100 injection, shallon July 1, 2008,mustinstall, or cause to be 101 installed, a functioning reuse system within the utility’s 102 service area or, by contract with another utility, within Miami 103 Dade County, Broward County, or Palm Beach County by December 104 31, 2020, for ocean outfalls, and by December 31, 2023, for deep 105 well injections2025. For purposes of this subsection, a 106 “functioning reuse system” means an environmentally, 107 economically, and technically feasible system that provides a 108 minimum of 60 percent of a facility’s baseline flow on an annual 109 basis for irrigation of public access areas, residential 110 properties, or agricultural crops; aquifer recharge; groundwater 111 recharge; industrial cooling; or other acceptable reuse purposes 112 authorized by the department. For purposes of this subsection, 113 the term “baseline flow” means the annual average flow of 114 domestic wastewater discharging through the facility’s ocean 115 outfall, as determined by the department, using monitoring data 116 available for calendar years 2003 through 2007. 117 2. Flows diverted from facilities to other facilities that 118 provide 100 percent reuse of the diverted flows before December 119 31, 20202025, are considered to contribute to meeting the reuse 120 requirement for ocean outfalls. Flows diverted from facilities 121 to other facilities that provide 100 percent reuse of the 122 diverted flows before December 31, 2023, are considered to 123 contribute to meeting the reuse requirement for deep injection 124 wells. For utilities operating more than one outfall or well, 125 the reuse requirement may be apportioned between the facilities 126 served by the outfalls or wells, including flows diverted to 127 other facilities for 100 percent reuse before December 31, 2020, 128 for ocean outfalls, and before December 31, 2023, for deep 129 injection wells2025. Utilities that shared a common ocean 130 outfall for the discharge of domestic wastewater on July 1, 131 2008, or that shared a common deep injection well on July 1, 132 2020, regardless of which utility operates the ocean outfall or 133 well, are individually responsible for meeting the reuse 134 requirement and may enter into binding agreements to share or 135 transfer such responsibility among the utilities. If treatment 136 in addition to the advanced wastewater treatment and management 137 requirements described in paragraph (b) is needed to support a 138 functioning reuse system, the treatment must be fully 139 operational by December 31, 2020, for ocean outfalls, and by 140 December 31, 2023, for deep well injections2025. 141 3. If a facility that discharges through an ocean outfall 142 or a deep injection well contracts with another utility to 143 install a functioning reuse system, the department must approve 144 any apportionment of the reuse generated from the new or 145 expanded reuse system that is intended to satisfy all or a 146 portion of the reuse requirements pursuant to subparagraph 1. If 147 a contract is between two utilities that have reuse requirements 148 pursuant to subparagraph 1., the reuse apportioned to each 149 utility’s requirement may not exceed the total reuse generated 150 by the new or expanded reuse system. A utility shall provide the 151 department a copy of any contract with another utility that 152 reflects an agreement between the utilities which is subject to 153 the requirements of this subparagraph. 154 (d) The discharge of domestic wastewater through ocean 155 outfalls is prohibited after December 31, 20202025, and such 156 discharge through deep injection wells is prohibited after 157 December 31, 2023, except as a backup discharge that is part of 158 a functioning reuse system or other wastewater management system 159 authorized by the department. Except as otherwise provided in 160 this subsection, a backup discharge may occur only during 161 periods of reduced demand for reclaimed water in the reuse 162 system, such as periods of wet weather, or as the result of peak 163 flows from other wastewater management systems, and must comply 164 with the advanced wastewater treatment and management 165 requirements of paragraph (b). Peak flow backup discharges from 166 other wastewater management systems may not cumulatively exceed 167 5 percent of a facility’s baseline flow, measured as a 5-year 168 rolling average, and are subject to applicable secondary waste 169 treatment and water-quality-based effluent limitations specified 170 in department rules. If peak flow backup discharges are in 171 compliance with the effluent limitations, the discharges are 172 deemed to meet the advanced wastewater treatment and management 173 requirements of this subsection. 174 (e) The holder of a department permit authorizing the 175 discharge of domestic wastewater through an ocean outfall as of 176 July 1, 2008, or a deep injection well as of July 1, 2020, shall 177 submit the following to the secretary of the department: 178 1. A detailed plan to meet the requirements of this 179 subsection, including the identification of the technical, 180 environmental, and economic feasibility of various reuse 181 options; the identification of each land acquisition and 182 facility necessary to provide for reuse of the domestic 183 wastewater; an analysis of the costs to meet the requirements, 184 including the level of treatment necessary to satisfy state 185 water quality requirements and local water quality 186 considerations and a cost comparison of reuse using flows from 187 ocean outfalls and deep injection wells and flows from other 188 domestic wastewater sources; and a financing plan for meeting 189 the requirements, including identifying any actions necessary to 190 implement the financing plan, such as bond issuance or other 191 borrowing, assessments, rate increases, fees, other charges, or 192 other financing mechanisms. The plan must evaluate reuse demand 193 in the context of future regional water supply demands, the 194 availability of traditional water supplies, the need for 195 development of alternative water supplies, the degree to which 196 various reuse options offset potable water supplies, and other 197 factors considered in the Lower East Coast Regional Water Supply 198 Plan of the South Florida Water Management District. The plan 199 must include a detailed schedule for the completion of all 200 necessary actions and be accompanied by supporting data and 201 other documentation. The plan for deep injection wells must be 202 submitted by January 1, 2021July 1,2013. 203 2. For deep injection wells, by July 1, 20212016, an 204 update of the plan required in subparagraph 1. documenting any 205 refinements or changes in the costs, actions, or financing 206 necessary to eliminate the ocean outfall discharge in accordance 207 with this subsection or a written statement that the plan is 208 current and accurate. 209 (f) By December 31, 2009, and by December 31 every 5 years 210 thereafter, the holder of a department permit authorizing the 211 discharge of domestic wastewater through an ocean outfall shall 212 submit to the secretary of the department a report summarizing 213 the actions accomplished to date and the actions remaining and 214 proposed to meet the requirements of this subsection, including 215 progress toward meeting the specific deadlines set forth in 216 paragraphs (b) through (e). By December 31, 2021, and annually 217 thereafter, the holder of a department permit authorizing the 218 discharge of domestic wastewater through a deep injection well 219 shall submit to the secretary of the department a report 220 summarizing the actions accomplished to date and the actions 221 remaining and proposed to meet the requirements of this 222 subsection, including progress toward meeting the specific 223 deadlines set forth in paragraphs (b) through (e). The reports 224 mustreport shallinclude the detailed schedule for and status 225 of the evaluation of reuse and disposal options, preparation of 226 preliminary design reports, preparation and submittal of permit 227 applications, construction initiation, construction progress 228 milestones, construction completion, initiation of operation, 229 and continuing operation and maintenance. 230 (g) By July 1, 2010, and by July 1 every 5 years 231 thereafter, the department shall submit a report to the 232 Governor, the President of the Senate, and the Speaker of the 233 House of Representatives on the implementation of this 234 subsection for the discharge of domestic wastewater through an 235 ocean outfall. By July 1, 2022, and annually thereafter, the 236 department shall submit a report to the Governor, the President 237 of the Senate, and the Speaker of the House of Representatives 238 on the implementation of this subsection for the discharge of 239 domestic wastewater through a deep injection well. In the 240 reportsreport, the department shall summarize progress to date, 241 including the increased amount of reclaimed water provided and 242 potable water offsets achieved, and identify any obstacles to 243 continued progress, including all instances of substantial 244 noncompliance. 245 (h) The renewal of each permit that authorizes the 246 discharge of domestic wastewater through an ocean outfall as of 247 July 1, 2008, or a deep injection well as of July 1, 2020, must 248 be accompanied by an order in accordance with s. 403.088(2)(e) 249 and (f) which establishes an enforceable compliance schedule 250 consistent with the requirements of this subsection. 251 (i)1. An entity that diverts wastewater flow from a 252 receiving facility that discharges domestic wastewater through 253 an ocean outfall or a deep injection well must meet the reuse 254 requirement of paragraph (c). Reuse by the diverting entity of 255 the diverted flows shall be credited to the diverting entity. 256 The diverted flow shall also be correspondingly deducted from 257 the receiving facility’s baseline flow from which the required 258 reuse is calculated pursuant to paragraph (c), and the receiving 259 facility’s reuse requirement shall be recalculated accordingly. 260 2. The department, the South Florida Water Management 261 District, and the affected utilities must consider the 262 information in the detailed plan in paragraph (e) for the 263 purpose of adjusting, as necessary, the reuse requirements of 264 this subsection. The department shall submit a report to the 265 Legislature by February 15, 2015, containing recommendations for 266 any changes necessary to the ocean outfall requirements of this 267 subsection. The department shall submit a report to the 268 Legislature by February 12, 2021, containing recommendations for 269 any changes necessary to the deep injection well requirements of 270 this subsection. 271 Section 2. Paragraph (d) of subsection (3) of section 272 373.250, Florida Statutes, is amended to read: 273 373.250 Reuse of reclaimed water.— 274 (3) 275 (d) The South Florida Water Management District shall 276 require the use of reclaimed water made available by the 277 elimination of wastewater ocean outfall discharges and deep well 278 injections as provided for in s. 403.086(9) in lieu of surface 279 water or groundwater when the use of reclaimed water is 280 available; is environmentally, economically, and technically 281 feasible; and is of such quality and reliability as is necessary 282 to the user. Such reclaimed water may also be required in lieu 283 of other alternative sources. In determining whether to require 284 such reclaimed water in lieu of other alternative sources, the 285 water management district shall consider existing infrastructure 286 investments in place or obligated to be constructed by an 287 executed contract or similar binding agreement as of July 1, 288 2011, for the development of other alternative sources. 289 Section 3. Paragraph (b) of subsection (4) of section 290 373.705, Florida Statutes, is amended to read: 291 373.705 Water resource development; water supply 292 development.— 293 (4) 294 (b) Water supply development projects that meet the 295 criteria in paragraph (a) and that meet one or more of the 296 following additional criteria shall be given first consideration 297 for state or water management district funding assistance: 298 1. The project brings about replacement of existing sources 299 in order to help implement a minimum flow or minimum water 300 level; 301 2. The project implements reuse that assists in the 302 elimination of domestic wastewater ocean outfalls and deep well 303 injections as provided in s. 403.086(9); or 304 3. The project reduces or eliminates the adverse effects of 305 competition between legal users and the natural system. 306 Section 4. Paragraph (f) of subsection (8) of section 307 373.707, Florida Statutes, is amended to read: 308 373.707 Alternative water supply development.— 309 (8) 310 (f) The governing boards shall determine those projects 311 that will be selected for financial assistance. The governing 312 boards may establish factors to determine project funding; 313 however, significant weight shall be given to the following 314 factors: 315 1. Whether the project provides substantial environmental 316 benefits by preventing or limiting adverse water resource 317 impacts. 318 2. Whether the project reduces competition for water 319 supplies. 320 3. Whether the project brings about replacement of 321 traditional sources in order to help implement a minimum flow or 322 level or a reservation. 323 4. Whether the project will be implemented by a consumptive 324 use permittee that has achieved the targets contained in a goal 325 based water conservation program approved pursuant to s. 326 373.227. 327 5. The quantity of water supplied by the project as 328 compared to its cost. 329 6. Projects in which the construction and delivery to end 330 users of reuse water is a major component. 331 7. Whether the project will be implemented by a 332 multijurisdictional water supply entity or regional water supply 333 authority. 334 8. Whether the project implements reuse that assists in the 335 elimination of domestic wastewater ocean outfalls and deep well 336 injections as provided in s. 403.086(9). 337 9. Whether the county or municipality, or the multiple 338 counties or municipalities, in which the project is located has 339 implemented a high-water recharge protection tax assessment 340 program as provided in s. 193.625. 341 Section 5. Subsection (4) of section 373.709, Florida 342 Statutes, is amended to read: 343 373.709 Regional water supply planning.— 344 (4) The South Florida Water Management District shall 345 include in its regional water supply plan water resource and 346 water supply development projects that promote the elimination 347 of wastewater ocean outfalls and deep well injections as 348 provided in s. 403.086(9). 349 Section 6. This act shall take effect July 1, 2020.