Florida Senate - 2019 CS for CS for SB 1278 By the Committees on Appropriations; and Environment and Natural Resources; and Senator Mayfield 576-04620-19 20191278c2 1 A bill to be entitled 2 An act relating to biosolids management; creating s. 3 403.0616, F.S.; requiring the Department of 4 Environmental Protection, subject to appropriation, to 5 establish a real-time water quality monitoring 6 program; encouraging the formation of public-private 7 partnerships; creating s. 403.08715, F.S.; providing 8 legislative findings; defining the term “biosolids”; 9 prohibiting the land application of biosolids on 10 certain sites; prohibiting the department from issuing 11 or renewing certain permits; directing the department 12 to initiate rulemaking by a specified date, adopt 13 specified rules for biosolids management, and 14 implement a specified water quality monitoring 15 program; providing applicability; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 403.0616, Florida Statutes, is created 21 to read: 22 403.0616 Real-time water quality monitoring program.— 23 (1) Subject to appropriation, the department shall 24 establish a real-time water quality monitoring program to assist 25 in the restoration, preservation, and enhancement of impaired 26 water bodies and coastal resources. 27 (2) In order to expedite the creation and implementation of 28 the program, the department is encouraged to form public-private 29 partnerships with established scientific entities with existing, 30 proven real-time water quality monitoring equipment and 31 experience in deploying such equipment. 32 Section 2. Section 403.08715, Florida Statutes, is created 33 to read: 34 403.08715 Biosolids management.— 35 (1) LEGISLATIVE FINDINGS.—The Legislature finds it is in 36 the best interest of the state to: 37 (a) Regulate biosolids management to minimize the migration 38 of nutrients, nitrogen, and phosphorus that impair or contribute 39 to the impairment of water bodies. 40 (b) Expedite implementation of the recommendations of the 41 Biosolids Technical Advisory Committee, which includes 42 permitting based on site-specific application conditions, 43 increased inspection frequencies, groundwater and surface water 44 monitoring protocols, and nutrient management research to 45 improve the management of biosolids and protect this state’s 46 water resources and water quality. 47 (c) Expedite the implementation of biosolids processing 48 innovative technologies as a means to improve biosolids 49 management and protect water resources and water quality. 50 (2) DEFINITION.—As used in this section, the term 51 “biosolids” has the same meaning as in s. 373.4595(2). 52 (3) PROHIBITED LAND APPLICATION.— 53 (a) Beginning July 1, 2019, the department may not issue a 54 new permit or renew an existing permit for the land application 55 of biosolids for any site where the land application of 56 biosolids is prohibited pursuant to paragraph (b). 57 (b) Beginning July 1, 2020, the land application of 58 biosolids is prohibited on any site where the biosolids 59 application zone interacts with the seasonal high water table. 60 (4) RULEMAKING.— 61 (a) For sites that are not subject to the prohibitions 62 imposed under subsection (3), the department shall adopt rules 63 for biosolids management to: 64 1. Permit the use of biosolids in a manner that minimizes 65 the migration of nutrients and that does not impair or add to 66 the impairment of surface water and groundwater quality, 67 including: 68 a. Site-specific land application rates of biosolids based 69 on soil characteristics, soil adsorption capacity, water table 70 characteristics, hydrogeology, site use, and distance to surface 71 water; 72 b. An evaluation of the percentage of water-extractable 73 phosphorus in all biosolids to inform the appropriate 74 application rate; and 75 c. Criteria for low-, medium-, and high-risk sites that 76 guide application practices and required water quality 77 monitoring. 78 2. Establish site-specific groundwater and surface water 79 monitoring requirements. 80 (b) The department shall initiate rulemaking by August 1, 81 2019. 82 (5) WATER QUALITY MONITORING.—The department shall 83 implement an offsite water quality monitoring program sufficient 84 to determine impacts from the land application of biosolids on 85 downstream and nearby surface water and groundwater quality. 86 (6) APPLICABILITY.— 87 (a) This section does not conflict with or supersede s. 88 373.4595 or s. 373.811. 89 (b) This section does not apply to Class AA biosolids that 90 are marketed and distributed as fertilizer products in 91 accordance with department rule. 92 (c)1. An ordinance, moratorium, or regulation adopted by a 93 municipality or county before February 1, 2019, relating to the 94 land application of Class B biosolids shall remain in effect 95 until the ordinance, moratorium, or regulation is repealed by 96 the municipality or county or until the effective date of the 97 rules adopted by the department pursuant to subsection (4). 98 2. This section does not limit the ability of a 99 municipality or county to extend an ordinance, moratorium, 100 resolution, or regulation adopted before February 1, 2019, 101 relating to the land application of Class B biosolids until the 102 effective date of the rules adopted by the department pursuant 103 to subsection (4). 104 Section 3. This act shall take effect July 1, 2019.